Senate Bill S6239

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6239
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 7, 2025
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public authorities law, in relation to allowing the
   power authority to create the New York State small  business  develop-
   ment  program;  and  providing  for the repeal of such provisions upon
   expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 1009-b to read as follows:
   § 1009-B. POWER AUTHORITY OF THE STATE  OF  NEW  YORK  SMALL  BUSINESS
 DEVELOPMENT  PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "AUTHORITY" MEANS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
 THE CANAL CORPORATION.
   (B) "CHAIRPERSON" MEANS THE CHAIRPERSON OF THE AUTHORITY.
   (C) "SMALL BUSINESS" MEANS  A  BUSINESS  IN  THE  CONSTRUCTION  TRADES
 WHICH:
   (I) IS INDEPENDENTLY OWNED AND OPERATED;
   (II)  HAS  ANNUAL  REVENUES  NOT  EXCEEDING A FISCAL LIMITATION OF TEN
 MILLION DOLLARS OR SUCH LESSER AMOUNT AS ESTABLISHED  BY  THE  AUTHORITY
 PURSUANT TO THIS SECTION; AND
   (III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE CHAIR-
 PERSON AND THE HEAD OF SUPPLIER DIVERSITY. THE AUTHORITY SHALL ESTABLISH
 BOTH  GENERAL  AND  SPECIFIC DEFINITIONS FOR DIFFERENT INDUSTRIES TO THE
 EXTENT NECESSARY TO REFLECT DIFFERING CHARACTERISTICS OF  SUCH  SEGMENTS
 BASED  ON THE CRITERIA USED BY THE UNITED STATES SMALL BUSINESS ADMINIS-
 TRATION FOR LOANS TO SMALL BUSINESSES AS SET FORTH IN  SECTIONS  121.301
 THROUGH 121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS AS SET FORTH IN
 SECTIONS  121.401 THROUGH 121.413, OF SUBPART A OF PART 121 OF CHAPTER I
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08391-01-5
              

 S. 6239                             2
 
 OF TITLE 13 OF THE CODE OF FEDERAL REGULATIONS,  AS  AMENDED,  AND  SUCH
 OTHER CRITERIA AS DETERMINED BY THE AUTHORITY.
   (D) "SMALL BUSINESS DEVELOPMENT PROGRAM" IS THE PROGRAM ESTABLISHED BY
 THE  AUTHORITY  PURSUANT  TO  THIS  SECTION  TO PROVIDE SMALL BUSINESSES
 ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
   (I) FOR UP TO FIVE YEARS,  TO  COMPETE  FOR  AND,  WHERE  AWARDED,  TO
 PERFORM  CERTAIN  AUTHORITY  CONTRACTS TO BE DESIGNATED BY THE AUTHORITY
 FOR INCLUSION IN THE PROGRAM UNDER THIS SUBPARAGRAPH; AND
   (II) TO BE A PARTICIPANT IN A SMALL BUSINESS DEVELOPMENT  PROGRAM  AND
 IF  SUCH PARTICIPANT SUCCESSFULLY COMPLETED CONTRACTS UNDER SUBPARAGRAPH
 (I) OF THIS PARAGRAPH, FOR UP TO FIVE ADDITIONAL YEARS, SUCH SMALL BUSI-
 NESS SHALL HAVE ACCESS TO THE FOLLOWING:
   (1) ADDITIONAL OPPORTUNITIES TO COMPETE WITH  OTHER  DESIGNATED  SMALL
 BUSINESSES  IN  THE  PROGRAM  FOR CERTAIN CONTRACTS TO BE DESIGNATED FOR
 INCLUSION UNDER THIS SUBPARAGRAPH AND, WHERE AWARDED,  TO  PERFORM  SUCH
 AUTHORITY CONTRACTS, AND
   (2) AUTHORITY-PROVIDED ASSISTANCE, AS DETERMINED BY THE AUTHORITY, FOR
 A  SMALL BUSINESS TO OBTAIN BONDING FOR CONTRACTS THAT ARE COMPETITIVELY
 AWARDED PURSUANT TO ANY OTHER PROVISION OF LAW.
   (E) "SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT" MEANS A NON-FEDERAL-
 LY FUNDED, UNLESS AUTHORIZED BY THE APPLICABLE FEDERAL  FUNDING  AGENCY,
 CONTRACT DESIGNATED BY THE AUTHORITY, IN AN ESTIMATED AMOUNT OF NOT MORE
 THAN  ONE  MILLION  FIVE  HUNDRED  THOUSAND  DOLLARS FOR CONTRACTS UNDER
 SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION AND  FIVE  MILLION
 DOLLARS  FOR  CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D) OF THIS
 SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE INVITED AND  ACCEPTED
 ONLY FROM BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS DEVELOPMENT
 PROGRAM  AND  HAVE  BEEN  SELECTED  BY  THE AUTHORITY TO COMPETE FOR THE
 CONTRACT.
   2. (A) PURSUANT TO THIS SECTION, THE AUTHORITY MAY ESTABLISH  A  SMALL
 BUSINESS DEVELOPMENT PROGRAM. IN CONNECTION THEREWITH, THE AUTHORITY MAY
 DETERMINE  THE  CRITERIA  PURSUANT  TO  WHICH  A SMALL BUSINESS SHALL BE
 ELIGIBLE FOR AND SELECTED TO PARTICIPATE IN THE PROGRAM  UNDER  SUBPARA-
 GRAPHS (I) AND (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION,
 THE  NUMBER OF PARTICIPANTS TO PARTICIPATE IN EACH OF SUCH COMPONENTS OF
 THE PROGRAM, AND THE CRITERIA FOR THE COMPETITIVE SELECTION OF THE FIRMS
 THAT WILL PROVIDE SMALL BUSINESSES WITH  CAPACITY  BUILDING  DEVELOPMENT
 SERVICES.
   (B)  UNDER  THE SMALL BUSINESS DEVELOPMENT PROGRAM, THE CHAIRPERSON OR
 SUCH CHAIRPERSON'S DESIGNEE IS  AUTHORIZED,  NOTWITHSTANDING  ANY  OTHER
 PROVISION OF LAW:
   (I)  TO  DESIGNATE  WHICH  ELIGIBLE  CONTRACTS SHALL BE SMALL BUSINESS
 DEVELOPMENT PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF  PARA-
 GRAPH (D) OF SUBDIVISION ONE OF THIS SECTION;
   (II)  TO ESTABLISH STANDARDS FOR QUALIFYING SMALL BUSINESS DEVELOPMENT
 PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS DEVELOPMENT PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM MUST BE SOLICITED TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS  DEVEL-
 OPMENT  PROGRAM CONTRACT SHOULD BE RESTRICTED TO SMALL BUSINESS DEVELOP-
 MENT PROGRAM PARTICIPANTS  WHICH,  PRIOR  TO  THE  RECEIPT  OF  BIDS  OR
 PROPOSALS, HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
   (IV)  TO  WAIVE  REQUIREMENTS FOR THE SOLICITATION AND AWARD FOR SMALL
 BUSINESS DEVELOPMENT PROGRAM CONTRACTS, EXCEPT  AS  SET  FORTH  IN  THIS
 SECTION,  PURSUANT  TO  SECTIONS  TWELVE  HUNDRED  NINE,  TWELVE HUNDRED
 S. 6239                             3
 
 SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS  CHAPTER  AND
 ANY OTHER PROVISION OF LAW;
   (V)  TO  ASSIST  SMALL  BUSINESS DEVELOPMENT PROGRAM PARTICIPANTS THAT
 HAVE BEEN AWARDED SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACTS TO OBTAIN
 ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN  CONNECTION
 WITH SUCH CONTRACT NOTWITHSTANDING ANY PROVISION OF SECTION TWO THOUSAND
 FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VI) FOR SMALL BUSINESSES THAT HAVE BEEN ACCEPTED INTO THE SMALL BUSI-
 NESS  DEVELOPMENT  PROGRAM  UNDER  SUBPARAGRAPH (II) OF PARAGRAPH (D) OF
 SUBDIVISION ONE OF THIS SECTION,  TO  PROVIDE  TECHNICAL  ASSISTANCE  IN
 OBTAINING  BID, PAYMENT, AND PERFORMANCE BONDING FOR AUTHORITY CONTRACTS
 THAT ARE NOT SMALL BUSINESS DEVELOPMENT  PROGRAM  CONTRACTS,  WHERE  THE
 SMALL  BUSINESS  IS  OTHERWISE QUALIFIED FOR SUCH CONTRACT, AND NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW.
   3. (A) IF THE TOTAL NUMBER OF  QUALIFIED  SMALL  BUSINESS  DEVELOPMENT
 PROGRAM  PARTICIPANTS  THAT  RESPOND TO A COMPETITION AND ARE CONSIDERED
 CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS  OF  THE  INVITATION  TO
 COMPETE  IS  LESS THAN THREE, OR IF THE CHAIRPERSON OR THE CHAIRPERSON'S
 DESIGNEE DETERMINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE
 PAYMENT OF AN UNREASONABLE PRICE, THE AUTHORITY MAY  REJECT  ALL  OFFERS
 AND WITHDRAW THE DESIGNATION OF SUCH CONTRACT AS A SMALL BUSINESS DEVEL-
 OPMENT PROGRAM CONTRACT.
   (B)  IF  THE  AUTHORITY  WITHDRAWS  THE DESIGNATION OF A CONTRACT AS A
 SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT, THE  FIRMS,  IF  ANY,  THAT
 MADE  OFFERS  SHALL  BE  NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE
 SAME OR REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE REISSUED  AS  A
 SMALL  BUSINESS  DEVELOPMENT PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL
 CONTRACT PERIODS.
   4. A PROGRAM PROVIDER SHALL PROVIDE SERVICES AND ASSISTANCE TO A SMALL
 BUSINESS AS DESIGNATED BY THE AUTHORITY, WHICH MAY INCLUDE  THE  FOLLOW-
 ING:
   (A)  BUSINESS TRAINING IN THE SKILLS NECESSARY TO OPERATE A SUCCESSFUL
 BUSINESS AND TO COMPETE FOR AND PERFORM A CONTRACT;
   (B) TECHNICAL ASSISTANCE TO SUCH SMALL BUSINESS TO ASSESS SUCH OUTCOME
 IF THE SMALL BUSINESS COMPETES FOR BUT IS NOT AWARDED A CONTRACT;
   (C) IF THE SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT IS  AWARDED  TO
 SUCH  SMALL BUSINESS, GUIDANCE, ADVICE, AND TECHNICAL ASSISTANCE TO SUCH
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   (D) OTHER TECHNICAL ASSISTANCE TO SUCH SMALL  BUSINESS  TO  FACILITATE
 LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5. THE AUTHORITY MAY DELEGATE TO THE CHAIRPERSON OR SUCH CHAIRPERSON'S
 DESIGNEE, THE AUTHORITY'S RESPONSIBILITIES SET FORTH IN THIS SECTION.
   6. THE SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACTS AUTHORIZED BY THIS
 SECTION  SHALL,  FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN AGGREGATE
 AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL  NOT  EXCEED  ONE
 HUNDRED  MILLION  DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS TO BE
 SET BY THE CHAIRPERSON.
   7. THE AUTHORITY SHALL SUBMIT A REPORT, NO LATER THAN SEPTEMBER  THIR-
 TIETH,  TWO  THOUSAND TWENTY-SIX, AND ANNUALLY THEREAFTER, TO THE GOVER-
 NOR, THE TEMPORARY PRESIDENT OF THE  SENATE,  AND  THE  SPEAKER  OF  THE
 ASSEMBLY  REGARDING  PROCUREMENTS  MADE  PURSUANT  TO THIS SECTION. SUCH
 REPORT SHALL INCLUDE A DESCRIPTION OF EACH PROCUREMENT MADE PURSUANT  TO
 THIS  SECTION  AND  THE RATIONALE FOR WHY THE CONTRACT WAS SELECTED AS A
 SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT, INFORMATION  REGARDING  THE
 PROCUREMENT  PROCESS  FOR  EACH  SUCH SMALL BUSINESS DEVELOPMENT PROGRAM
 CONTRACT AND THE NAME OR NAMES OF THE SMALL  BUSINESSES  THAT  FULFILLED
 S. 6239                             4
 
 SUCH  CONTRACT,  THE PROJECT IDENTIFICATION NUMBER AND A DESCRIPTION FOR
 EACH SUCH PROJECT PERFORMED PURSUANT TO THE  CONTRACT,  THE  CONTRACTUAL
 COMPLETION  DATE FOR EACH CONTRACT, THE STATUS OF EACH SUCH PROJECT, THE
 CONTRACT  PRICE,  INCLUDING  EXECUTED  MODIFICATIONS,  WHETHER A PROJECT
 RECEIVED SURETY  BOND  OR  INSURANCE  CONTRACT  ASSISTANCE  PURSUANT  TO
 SUBPARAGRAPH  (VI)  OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION,
 THE TOTAL DOLLAR VALUE OF MONIES PAID TO MINORITY-OWNED AND  WOMEN-OWNED
 BUSINESS  ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
 PRISES PURSUANT TO THIS SECTION ITEMIZED BY YEAR AND INCLUDING THE TOTAL
 DOLLAR VALUES  FOR  THE  FIVE  YEARS  PRECEDING  THE  RESPECTIVE  ANNUAL
 REPORT'S  RELEASE  DATE.  SUCH  REPORT  SHALL  ADDITIONALLY IDENTIFY THE
 AUTHORITY-PROVIDED PROGRAM  PROVIDERS  AND  DESCRIBE  THEIR  COMPETITIVE
 SELECTION PROCESS, DESCRIBE THE TECHNICAL ASSISTANCE AND ADVICE PROVIDED
 BY  THE  AUTHORITY AND THE MENTORS TO PROGRAM PARTICIPANTS, AND DESCRIBE
 THE BUSINESS TRAINING PROVIDED BY SUCH PROVIDERS.  FOR  ANNUAL  REPORTS,
 ANY NEW PROCUREMENTS AND CHANGES DURING THE PERIOD COVERED BY THE REPORT
 SHALL BE IDENTIFIED SEPARATELY.
   §  2. This act shall take effect immediately and shall expire December
 31, 2030, when upon such date the provisions of this act shall be deemed
 repealed.