New York State Assembly

 
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A07007 Summary:

A07007 Actions:

A07007 Committee Votes:

Committee:CORPORATIONS, AUTHORITIES AND COMMISSIONS   Chair:Zebrowski      
DATE:05/23/2023AYE/NAY:25/0  Action: Favorable refer to committee Ways and Means        
Zebrowski
Aye
Lemondes
Aye
Cook
Absent
Blankenbush
Aye
Otis
Aye
Friend
Aye
Rozic
Aye
Palmesano
Aye
Kim
Aye
Angelino
Aye
Dilan
Aye
Jensen
Aye
Pheffer Amato
Aye
Curran
Aye
Vanel
Aye
Pirozzolo
Aye
Carroll
Aye
Fall
Aye
Jean-Pierre
Aye
Gonzalez-Rojas
Aye
Zinerman
Aye
Tapia
Aye
Jacobson
Aye
Bores
Aye
Shimsky
Aye
Simone
Aye

Committee:WAYS AND MEANS   Chair:Weinstein      
DATE:05/31/2023AYE/NAY:35/0  Action: Favorable refer to committee Rules        
Weinstein
Aye
Ra
Aye
Glick
Aye
Fitzpatrick
Aye
Pretlow
Aye
Hawley
Aye
Colton
Aye
Blankenbush
Aye
Cook
Aye
Norris
Aye
Aubry
Aye
Brabenec
Aye
Benedetto
Aye
Palmesano
Aye
Weprin
Aye
Walsh
Aye
Ramos
Aye
DeStefano
Aye
Braunstein
Aye
Manktelow
Aye
McDonald
Aye
Smullen
Aye
Rozic
Aye
Dinowitz
Aye
Joyner
Aye
Magnarelli
Aye
Zebrowski
Aye
Bronson
Aye
Dilan
Aye
Seawright
Aye
Hyndman
Aye
Walker
Aye
Bichotte Hermel
Aye
Simon
Aye
Cruz
Aye

Committee:RULES   Chair:Pretlow      
DATE:06/06/2023AYE/NAY:30/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Weinstein
Aye
Hawley
Aye
Pretlow
Aye
Giglio
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Norris
Aye
Aubry
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Peoples-Stokes
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Zebrowski
Aye
Thiele
Aye
Braunstein
Aye
Dickens
Aye
Davila
Aye
Hyndman
Aye
Rozic
Aye
Bronson
Aye

A07007 Floor Votes:

A07007 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7007--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      May 10, 2023
                                       ___________
 
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the Committee on Corporations, Authorities and Commissions -- reported
          and referred to the Committee  on  Ways  and  Means  --  reported  and
          referred to the Committee on Rules -- Rules Committee discharged, bill
          amended, ordered reprinted as amended and recommitted to the Committee
          on Rules
 
        AN  ACT  to amend the public authorities law, in relation to modernizing
          the metropolitan transportation authority's small  business  mentoring
          program
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph (c) of subdivision 1 of  section  1265-b  of  the
     2  public  authorities law, as added by chapter 206 of the laws of 2010, is
     3  amended to read as follows:
     4    (c) "small business" means a business in the construction trades which
     5  (i) is independently owned and operated; (ii) has  annual  revenues  not
     6  exceeding  a  fiscal  limitation  of  [five] ten million dollars or such
     7  lesser  amount  as  established  by  the  authority  pursuant  to  these
     8  provisions; and (iii) meets additional criteria as otherwise established
     9  by  the chairman in consultation with the members of the MTA small busi-
    10  ness mentoring program advisory committee. The chair  of  the  committee
    11  shall  be  the  chief  diversity officer of the MTA. The authority shall
    12  establish a detailed definition in general  and  specific  to  different
    13  segments of the construction industry to the extent necessary to reflect
    14  differing characteristics of such segments based on the criteria used by
    15  the United States small business administration for loans to small busi-
    16  nesses as set forth in Sections 121.301 through 121.305, or for awarding
    17  government  procurements  as  set  forth  in  Sections  121.401  through
    18  121.413, of Subpart A of Part 121 of Chapter I of Title 13 of  the  Code
    19  of Federal Regulations as amended, and such other criteria as determined
    20  by the authority;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11101-04-3
        A. 7007--A                          2
 
     1    §  2.  Paragraph  (d) of subdivision 1 of section 1265-b of the public
     2  authorities law, as added by chapter 206 of the laws of 2010, is amended
     3  to read as follows:
     4    (d) "small business mentoring program" is a program established by the
     5  authority  pursuant  to  these  provisions  to  provide small businesses
     6  accepted into the program with the opportunity:
     7    (i) for up to [four] five years, to compete for and, where awarded, to
     8  perform certain authority public work contracts to be designated by  the
     9  authority  for  inclusion  in this program under this subparagraph, with
    10  the assistance of an authority-provided mentor, which shall  be  a  firm
    11  competitively  selected by the authority that has extensive construction
    12  management and mentoring experience, with  the  mentor  to  provide  the
    13  small  business with advice and assistance in competing for and managing
    14  authority public work contracts; and
    15    (ii) for a small business  mentoring  program  participant  which  the
    16  authority  has  determined  has successfully completed the program under
    17  subparagraph (i) of this paragraph, for up  to  [four]  five  additional
    18  years,  (A)  additional  opportunities  to compete with other designated
    19  small businesses in the program for certain public work contracts to  be
    20  designated  for inclusion under this subparagraph and, where awarded, to
    21  perform such authority public work contracts, with the  further  assist-
    22  ance of an authority-provided mentor, which shall be a firm competitive-
    23  ly  selected by the authority that has extensive construction management
    24  and mentoring experience, with the mentor to provide the small  business
    25  with  advice  and  technical  assistance  in  competing for and managing
    26  authority public work contracts, and (B) authority-provided  assistance,
    27  as  determined  by  the  authority,  for such a small business to obtain
    28  bonding for public work contracts that are competitively awarded  pursu-
    29  ant to provisions of law other than this section.
    30    §  3.  Paragraph  (e) of subdivision 1 of section 1265-b of the public
    31  authorities law, as added by chapter 206 of the laws of 2010, is amended
    32  to read as follows:
    33    (e) "small business mentoring program contract" means a  non-federally
    34  funded,  unless  authorized  by  the  applicable federal funding agency,
    35  authority public work contract designated by the authority, in an  esti-
    36  mated  amount of not more than one million five hundred thousand dollars
    37  for contracts under subparagraph (i) of paragraph (d) of  this  subdivi-
    38  sion  and  [three] five million dollars for contracts under subparagraph
    39  (ii) of paragraph (d) of this subdivision, for which bids  or  proposals
    40  are to be invited and accepted only from businesses that are enrolled in
    41  the  small  business  mentoring  program  and  have been selected by the
    42  authority to compete for the contract.
    43    § 4.   Section 1265-b of the public  authorities  law  is  amended  by
    44  adding a new subdivision 7 to read as follows:
    45    7.  The authority shall submit a report, no later than September thir-
    46  tieth, two thousand twenty-five, and annually thereafter, to the  gover-
    47  nor,  the  temporary  president  of  the  senate, and the speaker of the
    48  assembly regarding procurements made  pursuant  to  this  section.  Such
    49  report  shall include a description of each procurement made pursuant to
    50  this subdivision and the rationale for why the public work contract  was
    51  selected  as  a  small  business mentoring program contract, information
    52  regarding the  procurement  process  for  each  such  mentoring  program
    53  contract  and  the  name or names of the small businesses that fulfilled
    54  the contract, the project identification number and  a  description  for
    55  each  such  project  performed pursuant to the contract, the contractual
    56  completion date for each contract, the status of each such project,  the
        A. 7007--A                          3
 
     1  contract  price,  including  executed  modifications,  whether a project
     2  received surety  bond  or  insurance  contract  assistance  pursuant  to
     3  subparagraph  (vi)  of paragraph (b) of subdivision two of this section,
     4  the  total dollar value of monies paid to minority-owned and women-owned
     5  business enterprises and disadvantaged business enterprises pursuant  to
     6  this  section itemized by year and including the total dollar values for
     7  the five years preceding the respective annual  report's  release  date.
     8  Such   report   shall   additionally   identify  the  authority-provided
     9  construction manager mentors and describe  their  competitive  selection
    10  process,  describe  the  technical assistance and advice provided by the
    11  authority and the mentors to  program  participants,  and  describe  the
    12  business  training  provided by such mentor. For annual reports, any new
    13  procurements and changes during the period covered by the  report  shall
    14  be identified separately.
    15    §  5.  This act shall take effect immediately; provided, however, that
    16  the amendments to section 1265-b of the public authorities law  made  by
    17  sections  one,  two,  three  and  four  of this act shall not affect the
    18  repeal of such section and shall be deemed repealed therewith.