Senate Bill S9147

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9147
 
                             I N  S E N A T E
 
                             February 6, 2026
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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 business 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 added 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  SMALL  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 SMALL BUSINESS
 ENTERPRISE AND A STATE AGENCY WHERE THERE IS PRIVITY OF CONTRACT BETWEEN
 A SMALL 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11180-03-6
 S. 9147                             2
 
 fied  pursuant  to  article  fifteen-A of the executive law, in order to
 enhance the capabilities of small [and minority and  women-owned]  busi-
 ness  concerns,  improve  their success in contracting with the state or
 receiving  subcontracts under a state contract, and to create sources of
 reliable 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  SMALL  BUSINESS ENTERPRISE AND A SUBCONTRACTOR 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 SMALL BUSINESS ENTERPRISE IN INSTANCES WHERE THERE IS
 PRIVITY OF CONTRACT BETWEEN A SMALL BUSINESS ENTERPRISE  AND  A  SUBCON-
 TRACTOR OR CONTRACTOR WORKING 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)  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.