STATE OF NEW YORK
________________________________________________________________________
9643
IN ASSEMBLY
March 26, 2024
___________
Introduced by M. of A. HYNDMAN -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to the award of
certain contracts to small businesses and/or businesses certified
under article 15-A of the executive law; 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:
1 Section 1. Section 1678 of the public authorities law is amended by
2 adding a new subdivision 33 to read as follows:
3 33. (a) To award contracts, notwithstanding any other provision of law
4 to the contrary, for the procurement of goods or services from small
5 businesses and/or businesses certified under article fifteen-A of the
6 executive law in accordance with the provisions of this subdivision.
7 (b) Procurements made pursuant to this subdivision shall be governed
8 by the authority's procurement policy and guidelines adopted pursuant to
9 section twenty-eight hundred seventy-nine of this chapter. Such guide-
10 lines shall include, but not be limited to: (i) a competitive process
11 that provides opportunity and access to procurements, pursuant to which
12 contracts may be awarded to small businesses and/or businesses certified
13 under article fifteen-A of the executive law; (ii) provide a benchmark
14 of amounts paid under contracts awarded under this subdivision against
15 amounts paid under other authority contracts for like goods or services;
16 and (iii) require an annual assessment of the effectiveness of such
17 procedures in helping the authority achieve the authority's goals estab-
18 lished pursuant to article fifteen-A of the executive law for partic-
19 ipation by minority and women-owned enterprises. Such annual assessment
20 may be included within the authority's annual report required by this
21 article and shall be submitted to the governor, the temporary president
22 of the senate, the speaker of the assembly, the minority leader of the
23 senate and the minority leader of the assembly.
24 (c) The total value of contracts awarded pursuant to this subdivision
25 shall not exceed two percent of the value of all contracts offered in
26 any fiscal year of the authority; provided, however, the total amount
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04684-01-3
A. 9643 2
1 available for award pursuant to this section shall not be less than one
2 percent of the value of all contracts offered in any fiscal year of the
3 authority.
4 § 2. This act shall take effect immediately and shall expire July 1,
5 2028 when upon such date the provisions of this act shall be deemed
6 repealed.
