A 7300: Relates to establishing expanded construction mentorship opportunities for small business enterprises where there is privity of contract between a small business enterprise and a subcontractor or contractor working on an authority public works contract.

  
  STATE OF NEW YORK ________________________________________________________________________ 7300 2025-2026 Regular Sessions  IN ASSEMBLY 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: 1 Section 1. Paragraph (e) of subdivision 4 of section 311 of the execu- 2 tive law, as amended by chapter 96 of the laws of 2019, is amended to 3 read as follows: 4 (e) identify and establish mentorship opportunities and other business 5 development programs to increase capacity and better prepare MWBEs for 6 bidding on contracts with state agencies upon successful completion of 7 the mentorship opportunity. Such mentorship opportunities shall be 8 intended to ensure that mentor and mentee are connected based on a 9 commercially useful function. Mentorship opportunities shall also be 10 identified and established in instances where there is privity of 11 contract between a minority and women-owned business enterprise and a 12 subcontractor or contractor working on a state contract. 13 § 2. Subdivision 2-a of section 313 of the executive law is amended by 14 adding a new paragraph (k) to read as follows: 15 (k) encourage mentor-protege relationships as defined in section one 16 hundred forty-seven of the state finance law, between a minority and 17 women-owned business enterprise and a state agency where there is privi- 18 ty of contract between a minority and women-owned business enterprise 19 and a subcontractor or contractor working on a state contract. 20 § 3. Paragraph 1 of section 147 of the state finance law, as added by 21 chapter 360 of the laws of 2009, is amended to read as follows: 22 1. In every state agency, department and authority which has let more 23 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 1 prior fiscal year, the chief executive officer of that agency, depart- 2 ment or authority shall develop a mentor-protege program to foster long- 3 term relationships between state agencies, approved mentor firms, and 4 small business concerns and minority and women-owned businesses certi- 5 fied pursuant to article fifteen-A of the executive law, in order to 6 enhance the capabilities of small and minority and women-owned business 7 concerns, improve their success in contracting with the state or receiv- 8 ing subcontracts under a state contract, and to create sources of reli- 9 able contractors and subcontractors ready to perform larger jobs and 10 responsibilities. Participation in the program shall be voluntary for 11 both the mentor firm and the protege firm. Such mentor-protege programs 12 shall be established in instances where there is privity of contract 13 between a minority and women-owned business enterprise and a subcontrac- 14 tor or contractor working on a state contract. 15 § 4. Subparagraphs (vi) and (vii) of paragraph (b) of subdivision 2 of 16 section 1265-b of the public authorities law, as added by chapter 206 of 17 the laws of 2010, are amended and a new subparagraph (viii) is added to 18 read as follows: 19 (vi) to assist only small business mentoring program participants that 20 have been awarded small business mentoring program contracts to obtain 21 any surety bond or contract of insurance required of them in connection 22 with such contract only notwithstanding any provision of section two 23 thousand five hundred four of the insurance law to the contrary; [and] 24 (vii) for small businesses that have been accepted into the small 25 business mentoring program under subparagraph (ii) of paragraph (d) of 26 subdivision one of this section, in addition to the benefits of such 27 program and notwithstanding any other provision of law, to provide tech- 28 nical assistance in obtaining bid, payment and performance bonding for 29 authority public work contracts that are not small business mentoring 30 program contracts, for which the small business is otherwise quali- 31 fied[.]; and 32 (viii) to further establish small business mentoring programs between 33 the agency and a minority and women-owned business enterprise in 34 instances where there is privity of contract between a minority and 35 women-owned business enterprise and a subcontractor or contractor work- 36 ing on an authority public works contract. 37 § 5. This act shall take effect immediately; provided, however that 38 the amendments to: 39 (a) sections 311 and 313 of the executive law, made by sections one 40 and two of this act, shall not affect the repeal of such sections and 41 shall expire and be deemed repealed therewith; 42 (b) subparagraphs (vi) and (vii) of paragraph (b) of subdivision 2 of 43 section 1265-b of the public authorities law made by section four of 44 this act shall not affect the repeal of such section and shall be deemed 45 repealed therewith.