S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7300
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 25, 2025
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, the state finance law and the  public
   authorities  law,  in  relation  to establishing expanded construction
   mentorship opportunities for small and minority and women-owned  busi-
   ness enterprises

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 4 of section 311 of the execu-
 tive law, as amended by chapter 96 of the laws of 2019,  is  amended  to
 read as follows:
   (e) identify and establish mentorship opportunities and other business
 development  programs  to increase capacity and better prepare MWBEs for
 bidding on contracts with state agencies upon successful  completion  of
 the  mentorship  opportunity.  Such  mentorship  opportunities  shall be
 intended to ensure that mentor and  mentee  are  connected  based  on  a
 commercially  useful  function.   MENTORSHIP OPPORTUNITIES SHALL ALSO BE
 IDENTIFIED AND ESTABLISHED  IN  INSTANCES  WHERE  THERE  IS  PRIVITY  OF
 CONTRACT  BETWEEN  A  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE AND A
 SUBCONTRACTOR OR CONTRACTOR WORKING ON A STATE CONTRACT.
   § 2. Subdivision 2-a of section 313 of the executive law is amended by
 adding a new paragraph (k) to read as follows:
   (K) ENCOURAGE MENTOR-PROTEGE RELATIONSHIPS AS DEFINED IN  SECTION  ONE
 HUNDRED  FORTY-SEVEN  OF  THE  STATE FINANCE LAW, BETWEEN A MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISE AND A STATE AGENCY WHERE THERE IS PRIVI-
 TY OF CONTRACT BETWEEN A MINORITY AND  WOMEN-OWNED  BUSINESS  ENTERPRISE
 AND A SUBCONTRACTOR OR CONTRACTOR WORKING ON A STATE CONTRACT.
   §  3. Paragraph 1 of section 147 of the state finance law, as added by
 chapter 360 of the laws of 2009, is amended to read as follows:
   1. In every state agency, department and authority which has let  more
 than  ten  million  dollars in service and construction contracts in the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11180-01-5
              

 A. 7300                             2
 
 prior fiscal year, the chief executive officer of that  agency,  depart-
 ment or authority shall develop a mentor-protege program to foster long-
 term  relationships  between  STATE AGENCIES, approved mentor firms, and
 small  business  concerns and minority and women-owned businesses certi-
 fied pursuant to article fifteen-A of the executive  law,  in  order  to
 enhance  the capabilities of small and minority and women-owned business
 concerns, improve their success in contracting with the state or receiv-
 ing subcontracts under a state contract, and to create sources of  reli-
 able  contractors  and  subcontractors  ready to perform larger jobs and
 responsibilities.  Participation in the program shall be  voluntary  for
 both  the mentor firm and the protege firm. SUCH MENTOR-PROTEGE PROGRAMS
 SHALL BE ESTABLISHED IN INSTANCES WHERE THERE  IS  PRIVITY  OF  CONTRACT
 BETWEEN A MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE AND A SUBCONTRAC-
 TOR OR CONTRACTOR WORKING ON A STATE CONTRACT.
   § 4. Subparagraphs (vi) and (vii) of paragraph (b) of subdivision 2 of
 section 1265-b of the public authorities law, as added by chapter 206 of
 the  laws of 2010, are amended and a new subparagraph (viii) is added to
 read as follows:
   (vi) to assist only small business mentoring program participants that
 have been awarded small business mentoring program contracts  to  obtain
 any  surety bond or contract of insurance required of them in connection
 with such contract only notwithstanding any  provision  of  section  two
 thousand five hundred four of the insurance law to the contrary; [and]
   (vii)  for  small  businesses  that  have been accepted into the small
 business mentoring program under subparagraph (ii) of paragraph  (d)  of
 subdivision  one  of  this  section, in addition to the benefits of such
 program and notwithstanding any other provision of law, to provide tech-
 nical assistance in obtaining bid, payment and performance  bonding  for
 authority  public  work  contracts that are not small business mentoring
 program contracts, for which the  small  business  is  otherwise  quali-
 fied[.]; AND
   (VIII)  TO FURTHER ESTABLISH SMALL BUSINESS MENTORING PROGRAMS BETWEEN
 THE AGENCY  AND  A  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISE  IN
 INSTANCES  WHERE  THERE  IS  PRIVITY  OF CONTRACT BETWEEN A MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISE AND A SUBCONTRACTOR OR CONTRACTOR  WORK-
 ING ON AN AUTHORITY PUBLIC WORKS CONTRACT.
   §  5.  This  act shall take effect immediately; provided, however that
 the amendments to:
   (a) sections 311 and 313 of the executive law, made  by  sections  one
 and  two  of  this act, shall not affect the repeal of such sections and
 shall expire and be deemed repealed therewith;
   (b) subparagraphs (vi) and (vii) of paragraph (b) of subdivision 2  of
 section  1265-b  of  the  public authorities law made by section four of
 this act shall not affect the repeal of such section and shall be deemed
 repealed therewith.