S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         6025
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    August 3, 2015
                                      ___________
       Introduced  by  Sen.  GRIFFO -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the executive law, the state finance law, the  arts  and
         cultural  affairs law, the economic development law, the environmental
         conservation law, the public authorities law,  the  general  municipal
         law,  the banking law, the facilities development corporation act, the
         New York state medical care facilities finance agency act and the  New
         York state urban development corporation act, in relation to promoting
         veteran owned business enterprises
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "veteran owned business enterprise act".
    3    S  2.  The  article  heading  of article 15-A of the executive law, as
    4  added by chapter 261 of the laws of 1988, is amended to read as follows:
    5    PARTICIPATION BY MINORITY  GROUP  MEMBERS,  VETERANS  AND  WOMEN  WITH
    6  RESPECT TO STATE CONTRACTS
    7    S  3.  Subdivisions  1  and  9 of section 310 of the executive law, as
    8  added by chapter 261 of the laws of 1988, are amended and a new subdivi-
    9  sion 24 is added to read as follows:
   10    1. "Certified business" shall mean a business verified as a  minority,
   11  HONORABLY DISCHARGED VETERAN or women-owned business enterprise pursuant
   12  to  section three hundred fourteen of this article. FOR PURPOSES OF THIS
   13  SECTION "VETERAN DISCHARGED OR  RELEASED  UNDER  CONDITIONS  OTHER  THAN
   14  DISHONORABLE"  SHALL  MEAN  THOSE CONDITIONS DEFINED BY TITLE 38 CODE OF
   15  FEDERAL REGULATIONS SECTION 3.12.
   16    9. "Utilization plan" shall mean a plan prepared by a  contractor  and
   17  submitted  in connection with a proposed state contract. The utilization
   18  plan shall identify certified minority, HONORABLY DISCHARGED VETERAN  or
   19  women-owned  business  enterprises,  if  known,  that  have committed to
   20  perform work in connection with the proposed state contract as  well  as
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02723-01-5
       S. 6025                             2
    1  any  such  enterprises, if known, which the contractor intends to use in
    2  connection with the  contractor's  performance  of  the  proposed  state
    3  contract.  The  plan  shall  specifically  contain a list, including the
    4  name,  address  and  telephone number, of each certified enterprise with
    5  which the contractor intends to subcontract.
    6    24. "HONORABLY DISCHARGED VETERAN  OWNED  BUSINESS  ENTERPRISE"  SHALL
    7  MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP
    8  OR CORPORATION THAT IS:
    9    (A)  AT  LEAST  FIFTY-ONE  PERCENT  OWNED BY ONE OR MORE UNITED STATES
   10  CITIZENS OR PERMANENT  RESIDENT  ALIENS  WHO  ARE  HONORABLY  DISCHARGED
   11  VETERANS;
   12    (B)  AN  ENTERPRISE  IN WHICH THE OWNERSHIP INTEREST OF SUCH HONORABLY
   13  DISCHARGED VETERANS IS REAL, SUBSTANTIAL AND CONTINUING;
   14    (C) AN ENTERPRISE IN WHICH SUCH HONORABLY DISCHARGED VETERAN'S  OWNER-
   15  SHIP  HAS  AND  EXERCISES  THE  AUTHORITY  TO  CONTROL INDEPENDENTLY THE
   16  DAY-TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE;
   17    (D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS  STATE  AND  INDE-
   18  PENDENTLY OWNED AND OPERATED.
   19    (E) HONORABLY DISCHARGED VETERAN SHALL MEAN A PERSON WHO SERVED IN THE
   20  ACTIVE MILITARY, NAVAL, OR AIR SERVICE DURING A PERIOD OF WAR AS DEFINED
   21  IN  PARAGRAPH  (F)  OF  THIS  SUBDIVISION, OR WHO WAS A RECIPIENT OF THE
   22  ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS
   23  EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, AND
   24  WHO WAS DISCHARGED OR RELEASED THEREFROM UNDER OTHER  THAN  DISHONORABLE
   25  CONDITIONS,  AS  DOCUMENTED  ACCORDING  TO  RULES AND REGULATIONS OF THE
   26  DIVISION OF MILITARY AND NAVAL AFFAIRS.
   27    (F) FOR THE PURPOSES OF THIS ARTICLE, SERVICE DURING TIME  OF  WAR  IS
   28  DEFINED BY SECTION 3.2 OF TITLE 38 OF THE CODE OF FEDERAL REGULATIONS.
   29    S 4. Subdivision 1 and paragraphs (a), (d), (e) and (f) of subdivision
   30  3  of section 311 of the executive law, subdivision 1 and paragraphs (d)
   31  and (e) of subdivision 3 as amended by chapter 55 of the  laws  of  1992
   32  and  paragraphs  (a) and (f) of subdivision 3 as added by chapter 261 of
   33  the laws of 1988, are amended to read as follows:
   34    1. The head of the division of minority and women's business  develop-
   35  ment  shall  be  the director who shall be appointed by the governor and
   36  hold office at the pleasure of the commissioner. It shall be the duty of
   37  the director of the division of minority and women's  business  develop-
   38  ment  to  assist  the  governor in the formulation and implementation of
   39  laws and policies relating to minority, HONORABLY DISCHARGED VETERAN and
   40  women-owned business enterprises.
   41    (a) to encourage and assist contracting agencies in their  efforts  to
   42  increase  participation  by  minority,  HONORABLY DISCHARGED VETERAN and
   43  women-owned business enterprises on state contracts and subcontracts  so
   44  as to facilitate the award of a fair share of such contracts to them;
   45    (d)  to  review  periodically  the  practices  and  procedures of each
   46  contracting agency with respect to compliance  with  the  provisions  of
   47  this  article,  and  to  require  them to file periodic reports with the
   48  division of minority and women's business development as to the level of
   49  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   50  prises  participation  in the awarding of agency contracts for goods and
   51  services;
   52    (e) on January first of each year  report  to  the  governor  and  the
   53  chairpersons  of  the senate finance and assembly ways and means commit-
   54  tees on the level of minority, HONORABLY DISCHARGED VETERAN  and  women-
   55  owned  business enterprises participating in each agency's contracts for
   56  goods and services and on activities of the office and  effort  by  each
       S. 6025                             3
    1  contracting  agency  to  promote  employment  of minority group members,
    2  HONORABLY DISCHARGED VETERANS and women, and  to  promote  and  increase
    3  participation  by  certified  businesses with respect to state contracts
    4  and  subcontracts so as to facilitate the award of a fair share of state
    5  contracts to such businesses. The comptroller shall assist the  division
    6  in collecting information on the participation of certified business for
    7  each  contracting  agency.  Such report may recommend new activities and
    8  programs to effectuate the purposes of this article;
    9    (f) to prepare and update periodically a directory of certified minor-
   10  ity, HONORABLY DISCHARGED VETERAN and women-owned  business  enterprises
   11  which  shall, wherever practicable, be divided into categories of labor,
   12  services, supplies, equipment,  materials  and  recognized  construction
   13  trades  and  which  shall indicate areas or locations of the state where
   14  such enterprises are available to perform services;
   15    S 5. Section 313 of the executive law, as amended by  chapter  175  of
   16  the laws of 2010, is amended to read as follows:
   17    S 313. Opportunities  for  minority,  HONORABLY DISCHARGED VETERAN and
   18  women-owned business enterprises. 1. Goals and requirements for agencies
   19  and contractors.  Each agency shall structure procurement procedures for
   20  contracts made directly or indirectly to minority, HONORABLY  DISCHARGED
   21  VETERAN  and  women-owned  business  enterprises, in accordance with the
   22  findings of the two thousand ten disparity study,  consistent  with  the
   23  purposes  of  this  article, to attempt to achieve the following results
   24  with regard to total annual statewide procurement:
   25    (a) construction industry for certified minority-owned business enter-
   26  prises: fourteen and thirty-four hundredths percent;
   27    (b) construction industry for certified  women-owned  business  enter-
   28  prises: eight and forty-one hundredths percent;
   29    (c)  construction related professional services industry for certified
   30  minority-owned business enterprises: thirteen and twenty-one  hundredths
   31  percent;
   32    (d)  construction related professional services industry for certified
   33  women-owned  business  enterprises:  eleven  and  thirty-two  hundredths
   34  percent;
   35    (e)  non-construction  related services industry for certified minori-
   36  ty-owned business enterprises: nineteen and sixty hundredths percent;
   37    (f) non-construction related services industry  for  certified  women-
   38  owned business enterprises: seventeen and forty-four hundredths percent;
   39    (g)  commodities industry for certified minority-owned business enter-
   40  prises: sixteen and eleven hundredths percent;
   41    (h) commodities industry for  certified  women-owned  business  enter-
   42  prises:  ten and ninety-three hundredths percent;
   43    (i)  overall  agency  total  dollar value of procurement for certified
   44  minority-owned business enterprises: sixteen and fifty-three  hundredths
   45  percent;
   46    (j)  overall  agency  total  dollar value of procurement for certified
   47  women-owned business  enterprises:  twelve  and  thirty-nine  hundredths
   48  percent; and
   49    (k)  overall  agency  total  dollar value of procurement for certified
   50  minority, women-owned business enterprises: twenty-eight and  ninety-two
   51  hundredths percent.
   52    1-a.  The  director  shall  ensure  that  each  state  agency has been
   53  provided with a copy of the two thousand ten disparity study.
   54    1-b. Each agency shall develop and adopt agency-specific  goals  based
   55  on the findings of the two thousand ten disparity study.
       S. 6025                             4
    1    2. The director shall promulgate rules and regulations pursuant to the
    2  goals  established in subdivision one of this section that provide meas-
    3  ures  and  procedures  to  ensure  that  certified  minority,  HONORABLY
    4  DISCHARGED  VETERAN and women-owned businesses shall be given the oppor-
    5  tunity  for  maximum  feasible participation in the performance of state
    6  contracts and to assist in the agency's identification  of  those  state
    7  contracts  for  which  minority, HONORABLY DISCHARGED VETERAN and women-
    8  owned certified businesses may best bid to  actively  and  affirmatively
    9  promote  and  assist  their  participation  in  the performance of state
   10  contracts so as to facilitate the agency's achievement  of  the  maximum
   11  feasible portion of the goals for state contracts to such businesses.
   12    2-a.  The  director  shall  promulgate rules and regulations that will
   13  accomplish the following:
   14    (a) provide for the certification  and  decertification  of  minority,
   15  HONORABLY  DISCHARGED  VETERAN  and women-owned business enterprises for
   16  all agencies through a single process  that  meets  applicable  require-
   17  ments;
   18    (b) require that each contract solicitation document accompanying each
   19  solicitation  set  forth  the  expected  degree  of  minority, HONORABLY
   20  DISCHARGED VETERAN and  women-owned  business  enterprise  participation
   21  based, in part, on:
   22    (i)  the  potential  subcontract  opportunities available in the prime
   23  procurement contract; and
   24    (ii) the availability, as contained within  the  study,  of  certified
   25  minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
   26  prises to respond competitively to the  potential  subcontract  opportu-
   27  nities;
   28    (c)  require  that  each  agency  provide  a current list of certified
   29  minority business enterprises to each prospective contractor;
   30    (d) allow a contractor that is a certified  minority-owned,  HONORABLY
   31  DISCHARGED  VETERAN-OWNED  or women-owned business enterprise to use the
   32  work it performs to meet requirements for  use  of  certified  minority-
   33  owned, HONORABLY DISCHARGED VETERAN-OWNED or women-owned business enter-
   34  prises as subcontractors;
   35    (e)  provide for joint ventures, which a bidder may count toward meet-
   36  ing its minority, HONORABLY DISCHARGED VETERAN and women-owned  business
   37  enterprise participation;
   38    (f)  consistent  with  subdivision  six  of  this section, provide for
   39  circumstances under  which  an  agency  may  waive  obligations  of  the
   40  contractor  relating  to  minority,  HONORABLY  DISCHARGED  VETERAN  and
   41  women-owned business enterprise participation;
   42    (g) require that an agency verify that minority, HONORABLY  DISCHARGED
   43  VETERAN  and women-owned business enterprises listed in a successful bid
   44  are actually participating to the extent listed in the project for which
   45  the bid was submitted;
   46    (h) provide for the collection of  statistical  data  by  each  agency
   47  concerning actual minority, HONORABLY DISCHARGED VETERAN and women-owned
   48  business enterprise participation; and
   49    (i)  require  each  agency to consult the most current disparity study
   50  when calculating agency-wide and contract specific  participation  goals
   51  pursuant to this article.
   52    3.  Solely for the purpose of providing the opportunity for meaningful
   53  participation by  certified  businesses  in  the  performance  of  state
   54  contracts  as  provided  in  this section, state contracts shall include
   55  leases of real property by a state agency to a lessee where:  the  terms
   56  of  such  leases  provide for the construction, demolition, replacement,
       S. 6025                             5
    1  major repair or renovation of real property and improvements thereon  by
    2  such lessee; and the cost of such construction, demolition, replacement,
    3  major  repair  or  renovation  of real property and improvements thereon
    4  shall  exceed  the  sum  of one hundred thousand dollars. Reports to the
    5  director pursuant to section three hundred fifteen of this article shall
    6  include activities with respect to all such state contracts. Contracting
    7  agencies shall include or require to be included with respect  to  state
    8  contracts  for  the  acquisition, construction, demolition, replacement,
    9  major repair or renovation of real property  and  improvements  thereon,
   10  such provisions as may be necessary to effectuate the provisions of this
   11  section  in  every  bid specification and state contract, including, but
   12  not limited to: (a) provisions requiring  contractors  to  make  a  good
   13  faith  effort  to solicit active participation by enterprises identified
   14  in the directory of certified businesses  provided  to  the  contracting
   15  agency  by the office; (b) requiring the parties to agree as a condition
   16  of entering into such contract, to be bound by the provisions of section
   17  three hundred sixteen of this article; and (c) requiring the  contractor
   18  to  include  the  provisions set forth in paragraphs (a) and (b) of this
   19  subdivision in every subcontract in a manner that the provisions will be
   20  binding upon each subcontractor as  to  work  in  connection  with  such
   21  contract.  Provided,  however,  that no such provisions shall be binding
   22  upon contractors or subcontractors in the performance  of  work  or  the
   23  provision  of services that are unrelated, separate or distinct from the
   24  state contract as expressed by its terms, and nothing  in  this  section
   25  shall  authorize  the  director  or any contracting agency to impose any
   26  requirement on a contractor or subcontractor except with  respect  to  a
   27  state contract.
   28    4. In the implementation of this section, the contracting agency shall
   29  (a) consult the findings contained within the disparity study evidencing
   30  relevant industry specific availability of certified businesses;
   31    (b)  implement  a program that will enable the agency to evaluate each
   32  contract to determine the appropriateness of the goal pursuant to subdi-
   33  vision one of this section;
   34    (c) consider  where  practicable,  the  severability  of  construction
   35  projects and other bundled contracts; and
   36    (d)  consider  compliance  with  the  requirements  of any federal law
   37  concerning opportunities for minority, HONORABLY DISCHARGED VETERAN  and
   38  women-owned  business  enterprises which effectuates the purpose of this
   39  section. The contracting agency shall determine whether  the  imposition
   40  of  the  requirements  of  any  such  law duplicate or conflict with the
   41  provisions hereof and  if  such  duplication  or  conflict  exists,  the
   42  contracting  agency shall waive the applicability of this section to the
   43  extent of such duplication or conflict.
   44    5. (a) Contracting agencies shall administer the rules and regulations
   45  promulgated by the director in a good faith effort to meet  the  maximum
   46  feasible  portion of the agency's goals adopted pursuant to this article
   47  and the regulations of the director. Such rules and  regulations:  shall
   48  require a contractor to submit a utilization plan after bids are opened,
   49  when  bids  are  required,  but  prior to the award of a state contract;
   50  shall require the contracting agency  to  review  the  utilization  plan
   51  submitted  by  the  contractor  and to post the utilization plan and any
   52  waivers of compliance issued pursuant to subdivision six of this section
   53  on the website of the contracting agency within a reasonable  period  of
   54  time as established by the director; shall require the contracting agen-
   55  cy to notify the contractor in writing within a period of time specified
   56  by  the  director  as  to any deficiencies contained in the contractor's
       S. 6025                             6
    1  utilization plan; shall require remedy thereof within a period  of  time
    2  specified  by the director; shall require the contractor to submit peri-
    3  odic compliance reports relating to the operation and implementation  of
    4  any  utilization  plan;  shall not allow any automatic waivers but shall
    5  allow a contractor to apply for a partial or total waiver of the minori-
    6  ty, HONORABLY DISCHARGED VETERAN  and  women-owned  business  enterprise
    7  participation  requirements  pursuant  to  subdivisions six and seven of
    8  this section; shall allow a contractor to  file  a  complaint  with  the
    9  director  pursuant  to  subdivision eight of this section in the event a
   10  contracting agency has failed or refused to issue a waiver of the minor-
   11  ity, HONORABLY DISCHARGED VETERAN and  women-owned  business  enterprise
   12  participation  requirements or has denied such request for a waiver; and
   13  shall allow a contracting agency to file a complaint with  the  director
   14  pursuant  to  subdivision nine of this section in the event a contractor
   15  is failing  or  has  failed  to  comply  with  the  minority,  HONORABLY
   16  DISCHARGED  VETERAN  and  women-owned  business enterprise participation
   17  requirements set forth in the state contract where no  waiver  has  been
   18  granted.
   19    (b) The rules and regulations promulgated pursuant to this subdivision
   20  regarding  a  utilization plan shall provide that where enterprises have
   21  been identified within a utilization plan, a contractor  shall  attempt,
   22  in  good  faith, to utilize such enterprise at least to the extent indi-
   23  cated. A contracting agency may require a contractor to indicate, within
   24  a utilization plan, what measures and procedures he or  she  intends  to
   25  take to comply with the provisions of this article, but may not require,
   26  as  a  condition  of  award  of,  or  compliance with, a contract that a
   27  contractor  utilize  a  particular  enterprise  in  performance  of  the
   28  contract.
   29    (c) Without limiting other grounds for the disqualification of bids or
   30  proposals  on  the basis of non-responsibility, a contracting agency may
   31  disqualify the bid or proposal of a contractor as being  non-responsible
   32  for  failure  to  remedy notified deficiencies contained in the contrac-
   33  tor's utilization plan within a period of time specified in  regulations
   34  promulgated  by  the director after receiving notification of such defi-
   35  ciencies from the contracting agency. Where failure to remedy any  noti-
   36  fied  deficiency  in  the utilization plan is a ground for disqualifica-
   37  tion, that issue and all other grounds  for  disqualification  shall  be
   38  stated in writing by the contracting agency. Where the contracting agen-
   39  cy states that a failure to remedy any notified deficiency in the utili-
   40  zation  plan  is  a  ground for disqualification the contractor shall be
   41  entitled to an  administrative  hearing,  on  a  record,  involving  all
   42  grounds  stated  by  the  contracting  agency.  Such  hearing  shall  be
   43  conducted by the appropriate authority  of  the  contracting  agency  to
   44  review  the  determination  of  disqualification. A final administrative
   45  determination made following such  hearing  shall  be  reviewable  in  a
   46  proceeding  commenced  under article seventy-eight of the civil practice
   47  law and rules, provided that such proceeding is commenced within  thirty
   48  days  of  the  notice  given  by certified mail return receipt requested
   49  rendering such final administrative determination. Such proceeding shall
   50  be commenced in the supreme court, appellate division, third  department
   51  and  such  proceeding  shall  be  preferred  over all other civil causes
   52  except election causes, and shall be heard and determined in  preference
   53  to  all  other  civil business pending therein, except election matters,
   54  irrespective of position on the calendar. Appeals taken to the court  of
   55  appeals  of  the  state of New York shall be subject to the same prefer-
   56  ence.
       S. 6025                             7
    1    6. Where it appears that a  contractor  cannot,  after  a  good  faith
    2  effort,  comply  with  the  minority,  HONORABLY  DISCHARGED VETERAN and
    3  women-owned business enterprise participation requirements set forth  in
    4  a particular state contract, a contractor may file a written application
    5  with the contracting agency requesting a partial or total waiver of such
    6  requirements  setting  forth the reasons for such contractor's inability
    7  to meet any or all of the participation requirements  together  with  an
    8  explanation  of  the  efforts undertaken by the contractor to obtain the
    9  required minority, HONORABLY DISCHARGED VETERAN and women-owned business
   10  enterprise  participation.  In  implementing  the  provisions  of   this
   11  section,  the  contracting agency shall consider the number and types of
   12  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   13  prises  located  in  the  region  in  which  the state contract is to be
   14  performed, the total dollar value of the state contract,  the  scope  of
   15  work  to  be  performed and the project size and term. If, based on such
   16  considerations, the contracting agency determines there is not a reason-
   17  able availability of contractors on the list of  certified  business  to
   18  furnish  services for the project, it shall issue a waiver of compliance
   19  to the contractor. In making such determination, the contracting  agency
   20  shall  first  consider  the  availability  of other business enterprises
   21  located in the region and shall thereafter consider the financial abili-
   22  ty of minority, HONORABLY DISCHARGED VETERAN and women-owned  businesses
   23  located  outside  the region in which the contract is to be performed to
   24  perform the state contract.
   25    7. For purposes of determining a contractor's  good  faith  effort  to
   26  comply  with  the  requirements  of  this section or to be entitled to a
   27  waiver therefrom the contracting agency shall consider:
   28    (a) whether the  contractor  has  advertised  in  general  circulation
   29  media, trade association publications, and minority-focus, VETERAN-FOCUS
   30  and  women-focus  media and, in such event, (i) whether or not certified
   31  minority, HONORABLY DISCHARGED VETERAN or women-owned  businesses  which
   32  have  been  solicited by the contractor exhibited interest in submitting
   33  proposals for a particular project by attending  a  pre-bid  conference;
   34  and
   35    (ii)  whether  certified  businesses  which have been solicited by the
   36  contractor have responded in a timely fashion to the contractor's solic-
   37  itations for timely competitive bid quotations prior to the  contracting
   38  agency's bid date; and
   39    (b)  whether there has been written notification to appropriate certi-
   40  fied businesses that appear in the  directory  of  certified  businesses
   41  prepared pursuant to paragraph (f) of subdivision three of section three
   42  hundred eleven of this article; and
   43    (c) whether the contractor can reasonably structure the amount of work
   44  to  be  performed under subcontracts in order to increase the likelihood
   45  of participation by certified businesses.
   46    8. In the event that a contracting agency fails or refuses to issue  a
   47  waiver to a contractor as requested within twenty days after having made
   48  application  therefor  pursuant to subdivision six of this section or if
   49  the contracting agency denies such application, in whole or in part, the
   50  contractor may file a complaint with the director  pursuant  to  section
   51  three  hundred  sixteen  of  this  article  setting  forth the facts and
   52  circumstances giving rise to the contractor's complaint together with  a
   53  demand  for  relief. The contractor shall serve a copy of such complaint
   54  upon the contracting agency by personal service or  by  certified  mail,
   55  return  receipt  requested.  The contracting agency shall be afforded an
   56  opportunity to respond to such complaint in writing.
       S. 6025                             8
    1    9.  If,  after  the  review  of  a  contractor's  minority,  HONORABLY
    2  DISCHARGED  VETERAN  and women owned business utilization plan or review
    3  of a periodic compliance report  and  after  such  contractor  has  been
    4  afforded  an  opportunity to respond to a notice of deficiency issued by
    5  the  contracting  agency  in  connection  therewith,  it  appears that a
    6  contractor is failing or refusing to comply with the minority, HONORABLY
    7  DISCHARGED VETERAN and women-owned business  participation  requirements
    8  as  set  forth  in  the  state  contract  and  where no waiver from such
    9  requirements has been granted, the contracting agency may file a written
   10  complaint with the director pursuant to section three hundred sixteen of
   11  this article setting forth the facts and circumstances  giving  rise  to
   12  the  contracting  agency's  complaint together with a demand for relief.
   13  The contracting agency shall serve a copy of  such  complaint  upon  the
   14  contractor  by  personal  service  or  by certified mail, return receipt
   15  requested. The contractor shall be afforded an opportunity to respond to
   16  such complaint in writing.
   17    S 6. Section 317 of the executive law, as added by chapter 261 of  the
   18  laws of 1988, is amended to read as follows:
   19    S  317.  Superseding  effect of article with respect to state law. The
   20  provisions of this article shall supersede any other provision of  state
   21  law, which expressly implements or mandates an equal employment opportu-
   22  nity program or a program for securing participation by minority, HONOR-
   23  ABLY DISCHARGED VETERAN and women-owned business enterprises, concerning
   24  action  to  be  taken  by  any  party  to a state contract, to which the
   25  provisions of this article apply; provided, however, that the provisions
   26  of any state law, not as hereinabove superseded, which expressly  imple-
   27  ment  or mandate such programs shall remain unimpaired by the provisions
   28  of this article, except that the provisions of any  such  law  shall  be
   29  construed  as  if  the  provisions  of subdivisions five, six, seven and
   30  eight of section  three  hundred  thirteen  and  section  three  hundred
   31  sixteen of this article were fully set forth therein and made applicable
   32  only  to complaints of violations under such provisions of law occurring
   33  on or after September first, nineteen  hundred  eighty-eight;  provided,
   34  further,  that  nothing  contained in this article shall be construed to
   35  limit, impair, or otherwise restrict any  state  agency's  authority  or
   36  discretionary  power in effect prior to the enactment of this article to
   37  establish or continue, by  rule,  regulation  or  resolution,  an  equal
   38  opportunity program or a program for securing participation of minority,
   39  HONORABLY  DISCHARGED  VETERAN and women-owned business enterprises with
   40  regard to banking relationships, the issuance of insurance  policies  or
   41  contracts  for  the  sale  of  bonds,  notes  or  other securities; and,
   42  provided further, that nothing contained in  the  immediately  preceding
   43  proviso  shall  be  construed  to  create, impair, alter, limit, modify,
   44  enlarge, abrogate or restrict any agency's  authority  or  discretionary
   45  power  with  respect  to  an  equal opportunity program or a program for
   46  securing participation of minority,  HONORABLY  DISCHARGED  VETERAN  and
   47  women-owned enterprises.
   48    S  7.  Section 136-b of the state finance law, as added by chapter 261
   49  of the laws of 1988, is amended to read as follows:
   50    S 136-b. Selection of underwriters by state agencies. Whenever a state
   51  agency, as defined in article fifteen-A of the executive law, sells  its
   52  bonds,  notes or other securities at a private sale, in selecting one or
   53  more underwriters to purchase such securities  the  state  agency  shall
   54  consider,  among  other  things,  the  participation  of firms certified
   55  pursuant to such article as minority, HONORABLY  DISCHARGED  VETERAN  or
   56  women-owned  firms and the ability of other firms under consideration to
       S. 6025                             9
    1  work with minority, HONORABLY DISCHARGED VETERAN and  women-owned  busi-
    2  ness  enterprises  so  as  to  promote  and assist participation by such
    3  enterprises.
    4    S  8.  Paragraphs (b) and (d) of subdivision 2 of section 139-i of the
    5  state finance law, as amended by chapter 531 of the laws  of  1993,  are
    6  amended to read as follows:
    7    (b)  include  in  all  bid  documents  provided to potential bidders a
    8  statement that information concerning the availability of New York state
    9  subcontractors and suppliers  is  available  from  the  New  York  state
   10  department of economic development, which shall include the directory of
   11  certified  minority  and women-owned businesses, and it is the policy of
   12  New York state to encourage the use of New York state subcontractors and
   13  suppliers, and to  promote  the  participation  of  minority,  HONORABLY
   14  DISCHARGED  VETERAN  and  women-owned businesses, where possible, in the
   15  procurement of goods and services.
   16    (d) adopt policies to promote the  participation  by  New  York  state
   17  business  enterprises  and  New  York  state  residents  in  procurement
   18  contracts, with the cooperation of the department of  economic  develop-
   19  ment  and  the  community  services  division of the department of labor
   20  including, but not limited to,  providing  through  cooperative  efforts
   21  with  contractors for the notification of New York state business enter-
   22  prises of opportunities to participate as subcontractors  and  suppliers
   23  on procurement contracts in an amount estimated to be equal to or great-
   24  er  than  one million dollars and for the notification of New York state
   25  residents of employment opportunities arising in New York state  out  of
   26  procurement  contracts  in an amount estimated to be equal to or greater
   27  than one million dollars; and promulgating procedures which will  assure
   28  compliance  by  contractors  with  such notification.   Once awarded the
   29  contract, such contractors shall document their efforts to encourage the
   30  participation of New York state business enterprises  as  suppliers  and
   31  subcontractors  on  procurement  contracts  equal to or greater than one
   32  million dollars. Documented efforts by  a  successful  contractor  shall
   33  consist  of and be limited to showing that such contractor has [(a)] (I)
   34  solicited bids, in a timely and adequate manner,  from  New  York  state
   35  business  enterprises including certified minority, HONORABLY DISCHARGED
   36  VETERAN and women-owned business, or [(b)] (II) contacted the  New  York
   37  state  department of economic development to obtain listings of New York
   38  state business enterprises, or [(c)] (III) placed  notices  for  subcon-
   39  tractors  and suppliers in newspapers, journals and other trade publica-
   40  tions distributed in New York  state,  or  [(d)]  (IV)  participated  in
   41  bidder  outreach conferences. If the contractor determines that New York
   42  state business enterprises are  not  available  to  participate  on  the
   43  contract  as subcontractors or suppliers, the contractor shall provide a
   44  statement indicating the method by which such determination was made. If
   45  the contractor does not intend to use subcontractors  on  the  contract,
   46  the  contractor  shall  provide a statement verifying such intent.  Such
   47  contractors shall also provide notification to New York state  residents
   48  of  employment opportunities through listing any such positions with the
   49  community services division, or providing for such notification in  such
   50  manner as is consistent with existing collective bargaining contracts or
   51  agreements.  On or before the effective date of this section, each state
   52  agency or department shall submit such policies to the division  of  the
   53  budget  and  copies  thereof to the department of audit and control, the
   54  department of economic development, the senate finance committee and the
   55  assembly ways and means committee.
       S. 6025                            10
    1    S 9. Subdivision 5, paragraph (e) of subdivision 11, paragraph (e)  of
    2  subdivision 12 and paragraph (a) of subdivision 16 of section 213 of the
    3  state  finance  law,  subdivision 5, paragraph (e) of subdivision 11 and
    4  paragraph (e) of subdivision 12 as added by chapter 705 of the  laws  of
    5  1993 and paragraph (a) of subdivision 16 as amended by section 2 of part
    6  HH of chapter 59 of the laws of 2013, are amended to read as follows:
    7    5.  "Certified  [minority-]  MINORITY, HONORABLY DISCHARGED VETERAN or
    8  women-owned  business"  means  any   [minority-]   MINORITY,   HONORABLY
    9  DISCHARGED  VETERAN  or  women-owned  business  enterprise as defined in
   10  section three hundred ten of the executive law and certified pursuant to
   11  section three hundred fourteen of the executive law.
   12    (e) any certified [minority-] MINORITY, HONORABLY  DISCHARGED  VETERAN
   13  or  women-owned  business  seeking  financing  necessary  to carry out a
   14  procurement contract with an agency or authority or other entity of  the
   15  state or federal government; or
   16    (e)  for  certified [minority-] MINORITY, HONORABLY DISCHARGED VETERAN
   17  and women-owned businesses, projects to provide financing  necessary  to
   18  carry  out  a  procurement contract with an agency or authority or other
   19  entity of the state or federal government.
   20    (a) for a linked deposit made in connection with a linked  loan  to  a
   21  certified  business in an empire zone or to an eligible business located
   22  in a highly distressed area or to an eligible business that  is  defined
   23  in paragraph (b-1) of subdivision eleven of this section that is located
   24  in a renewal community or defined in paragraph (b-2) of such subdivision
   25  that  is located in an empowerment zone or defined in paragraph (b-3) of
   26  such subdivision that is located in an enterprise community, or a quali-
   27  fying technology or innovation business as defined in paragraph  (g)  of
   28  subdivision  eleven  of this section, respectively for eligible projects
   29  defined in paragraph (c) of subdivision twelve  of  this  section  or  a
   30  certified  [minority-]  MINORITY, HONORABLY DISCHARGED VETERAN or women-
   31  owned business enterprise for an eligible project defined  in  paragraph
   32  (e)  of  subdivision  twelve  of  this  section or to a defense industry
   33  manufacturer for a project  defined  in  paragraph  (d)  of  subdivision
   34  twelve  of this section, a fixed rate of interest which is three hundred
   35  basis points below the lender's posted four year certificate of  deposit
   36  rate  or, if the lender does not offer a four year certificate of depos-
   37  it, is three hundred basis points below the average statewide  rate  for
   38  four  year  certificates of deposit as determined by the commissioner of
   39  economic development;
   40    S 10. Subdivision 1 of section  218  of  the  state  finance  law,  as
   41  amended  by  section  1  of part U of chapter 58 of the laws of 2012, is
   42  amended to read as follows:
   43    1. Linked loans made to certified businesses in  empire  zones  or  to
   44  eligible businesses in highly distressed areas or to eligible businesses
   45  that are defined in paragraph (b-1) of subdivision eleven of section two
   46  hundred thirteen of this article that are located in a renewal community
   47  or defined in paragraph (b-2) of such subdivision that are located in an
   48  empowerment  zone or defined in paragraph (b-3) of such subdivision that
   49  are located  in  an  enterprise  community,  respectively  for  eligible
   50  projects  defined  in paragraph (c) of subdivision twelve of section two
   51  hundred thirteen of this article or to [minority-]  MINORITY,  HONORABLY
   52  DISCHARGED  VETERAN  or women-owned business enterprises for an eligible
   53  project defined in paragraph (e) of subdivision twelve  of  section  two
   54  hundred  thirteen  of this article or to a defense industry manufacturer
   55  for a project defined in paragraph (d) of subdivision twelve of  section
   56  two hundred thirteen of this article or to an eligible business pursuant
       S. 6025                            11
    1  to  paragraph  (a) of subdivision eleven of section two hundred thirteen
    2  of this article that produces products defined  in  subdivision  two  of
    3  section  three  hundred  one  of  the agriculture and markets law for an
    4  eligible  project  as  defined in paragraph (b) of subdivision twelve of
    5  section two hundred thirteen of this article shall bear  interest  at  a
    6  fixed  rate  equal  to  three percentage points below the fixed interest
    7  rate the lender would have charged for the loan  in  the  absence  of  a
    8  linked  deposit  based  on  its usual credit considerations.   All other
    9  linked loans shall bear interest at a fixed rate equal to two percentage
   10  points below the fixed interest rate the lender would have  charged  for
   11  the  loan  in  the absence of a linked deposit based on its usual credit
   12  considerations. Lenders shall certify to the  commissioner  of  economic
   13  development that the rate to be charged on a linked loan is two percent-
   14  age  points  or  three  percentage points, as the case may be, below the
   15  interest rate the lender would have charged for the loan in the  absence
   16  of a linked deposit.
   17    S  11. Paragraph (c) of subdivision 12 of section 3.07 of the arts and
   18  cultural affairs law, as amended by chapter 255 of the laws of 1988,  is
   19  amended to read as follows:
   20    (c)  (i)  In  the  performance  of  projects pursuant to this section,
   21  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   22  prises  shall be given the opportunity for meaningful participation. For
   23  purposes hereof, minority business enterprise shall  mean  any  business
   24  enterprise  which  is  at least fifty-one per centum owned by, or in the
   25  case of a publicly owned business, at least fifty-one per centum of  the
   26  stock  or  other voting interest is owned by citizens or permanent resi-
   27  dent aliens who are Black, Hispanic,  Asian,  American  Indian,  Pacific
   28  Islander,  or  Alaskan  native,  and  such  ownership  interest is real,
   29  substantial and  continuing  and  has  the  authority  to  independently
   30  control the day to day business decisions of the entity for at least one
   31  year;  HONORABLY DISCHARGED VETERAN OWNED BUSINESS ENTERPRISE SHALL MEAN
   32  THE SAME AS PROVIDED IN SUBDIVISION TWENTY-FOUR OF SECTION THREE HUNDRED
   33  TEN OF THE EXECUTIVE LAW; and women-owned business enterprise shall mean
   34  any business enterprise which is at least fifty-one per centum owned by,
   35  or in the case of a publicly owned  business,  at  least  fifty-one  per
   36  centum of the stock to other voting interests of which is owned by citi-
   37  zens  or  permanent  resident  aliens  who are women, and such ownership
   38  interest is real, substantial and continuing and has  the  authority  to
   39  independently  control  the  day to day business decisions of the entity
   40  for at least one year.
   41    The provisions of this subdivision shall not be construed to limit the
   42  ability of any minority business enterprise to bid on any contract.
   43    (ii) In order to implement the requirements  and  objectives  of  this
   44  section,  the  council  shall request, as appropriate, the assistance of
   45  other  state  agencies  to  monitor  the  contractors'  compliance  with
   46  provisions  hereof,  provide assistance in obtaining competing qualified
   47  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   48  prises  to  perform  contracts  proposed  to  be awarded, and take other
   49  appropriate measures  to  improve  the  access  of  minority,  HONORABLY
   50  DISCHARGED   VETERAN  and  women-owned  business  enterprises  to  these
   51  contracts.
   52    S 12. Subdivision 2 of section 115 of the economic development law, as
   53  added by chapter 55 of the laws of 1992, is amended to read as follows:
   54    2. "Technical assistance" shall mean assistance and services  designed
   55  to  improve  the  efficiency, effectiveness and viability of a minority,
   56  HONORABLY DISCHARGED VETERAN or women-owned business enterprise, includ-
       S. 6025                            12
    1  ing, but not limited to, management  assistance,  problem  solving,  the
    2  development  of business and marketing plans, market analysis, financial
    3  planning, regulatory compliance, safety and  security  measures,  export
    4  assistance,   procurement   assistance,  application  assistance,  state
    5  program assistance, referral to private and  public  financing  sources,
    6  contracting  assistance, and other forms of assistance which the commis-
    7  sioner deems necessary and appropriate.
    8    S 13. Section 118 of the economic development law, as added by chapter
    9  55 of the laws of 1992 and subdivision 7 as further amended  by  section
   10  15  of  part GG of chapter 63 of the laws of 2000, is amended to read as
   11  follows:
   12    S 118. Power and duties. In addition to the power and duties conferred
   13  by section one hundred sixteen of this article, the division shall  have
   14  the additional power and duty to:
   15    1.  Coordinate  with all state agencies performing functions affecting
   16  the operations of minority business  enterprises,  HONORABLY  DISCHARGED
   17  VETERAN OWNED BUSINESS ENTERPRISES and women-owned business enterprises,
   18  as such terms are defined in section two hundred ten of this chapter;
   19    2.  Receive  complaints and inquiries of operators of minority, HONOR-
   20  ABLY DISCHARGED VETERAN and women-owned business enterprises  and  refer
   21  them  to  the appropriate federal, state or local agency for appropriate
   22  action on such complaints;
   23    3. Solicit recommendations from the operators of  minority,  HONORABLY
   24  DISCHARGED  VETERAN  and  women-owned business enterprises for improving
   25  existing state programs and refer such recommendations to the  governor,
   26  the legislature and appropriate state agencies or authorities;
   27    4.  Advise and make recommendations to the commissioner and the legis-
   28  lature on matters affecting the minority, HONORABLY  DISCHARGED  VETERAN
   29  and  women-owned  business  enterprises  of  the  state  and promote and
   30  encourage the protection of the legitimate interests of minority, HONOR-
   31  ABLY DISCHARGED VETERAN and women-owned business enterprises within  the
   32  state;
   33    5.  Conduct  investigations, research, studies and analyses of matters
   34  affecting the interests of minority, HONORABLY  DISCHARGED  VETERAN  and
   35  women-owned business enterprises;
   36    6.  Study the implementation of the laws affecting minority, HONORABLY
   37  DISCHARGED VETERAN and women-owned business enterprises and recommend to
   38  the commissioner new laws and amendments of  laws  for  the  benefit  of
   39  minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
   40  prises; and review pending  legislation  affecting  minority,  HONORABLY
   41  DISCHARGED  VETERAN  and women-owned business enterprises and report its
   42  findings to the commissioner;
   43    7. Provide technical assistance and information to minority, HONORABLY
   44  DISCHARGED VETERAN and women-owned business enterprises in the state  on
   45  economic development programs administered by the department, including,
   46  but  not limited to:  (a) the empire zones program, established pursuant
   47  to article eighteen-B of the general municipal law, (b)  the  industrial
   48  effectiveness  program,  established  pursuant  to article seven of this
   49  chapter, (c) the economic development skills  training  program,  estab-
   50  lished  pursuant to article eight of this chapter, and (d) the entrepre-
   51  neurial assistance program, established pursuant to article nine of this
   52  chapter;
   53    8. Provide technical assistance and information to minority, HONORABLY
   54  DISCHARGED VETERAN and women-owned business enterprises in the state  on
   55  economic  development  programs  administered by agencies other than the
   56  department, including, but not limited to programs administered  by  the
       S. 6025                            13
    1  urban  development  corporation,  the  job development authority and the
    2  science and technology foundation;
    3    9. Be responsible for conducting minority, HONORABLY DISCHARGED VETER-
    4  AN and women-owned business enterprise assistance programs and for coor-
    5  dinating  the  activities  of all other state agencies acting within the
    6  scope of this section; and
    7    10. Carry out the activities  to  implement  the  minority,  HONORABLY
    8  DISCHARGED   VETERAN  and  women-owned  business  enterprise  assistance
    9  programs, to the extent practicable, within amounts appropriated  there-
   10  for by[;]:
   11    (a)  collecting  and  maintaining  information  identifying  certified
   12  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   13  prises within New York state;
   14    (b)  collecting,  maintaining,  and providing information to potential
   15  users identifying existing  contracting  and  procurement  opportunities
   16  within and outside New York state;
   17    (c)  maintaining,  providing  and  marketing a compilation of existing
   18  programs providing assistance for minority, HONORABLY DISCHARGED VETERAN
   19  and women-owned business enterprises;
   20    (d) identifying special needs and problems facing minority,  HONORABLY
   21  DISCHARGED  VETERAN and women-owned business enterprises within New York
   22  state;
   23    (e) contacting institutions, organizations and commercial  enterprises
   24  that  are  potential consumers of minority, HONORABLY DISCHARGED VETERAN
   25  and women-owned business products and services;  urging  their  expanded
   26  consumption of such goods and services;
   27    (f)  facilitating  the establishment of minority, HONORABLY DISCHARGED
   28  VETERAN and women-owned business enterprises; and
   29    (g) providing information concerning local and regional  opportunities
   30  for  minority,  HONORABLY  DISCHARGED  VETERAN  and women-owned business
   31  enterprises.
   32    S 14.   Section 210 of the economic  development  law  is  amended  by
   33  adding a new subdivision 7 to read as follows:
   34    7.  "HONORABLY DISCHARGED VETERAN OWNED BUSINESS ENTERPRISE" MEANS THE
   35  SAME AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION THREE HUNDRED  TEN
   36  OF THE EXECUTIVE LAW.
   37    S  15.  Paragraphs  (b) and (i) of subdivision 1 of section 231 of the
   38  economic development law, as amended by chapter 352 of the laws of 2009,
   39  are amended to read as follows:
   40    (b) to provide outreach to businesses, with  attention  to  small  and
   41  medium-sized businesses, including minority, HONORABLY DISCHARGED VETER-
   42  AN  and  women-owned  business  enterprises, for financial and technical
   43  assistance offered by state economic development agencies,  authorities,
   44  or other economic entities;
   45    (i)  to  provide  information  and  assistance in the certification of
   46  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   47  prises;
   48    S  16. Section 52-0113 of the environmental conservation law, as added
   49  by chapter 512 of the laws of 1986, is amended to read as follows:
   50  S 52-0113. Minority, HONORABLY DISCHARGED VETERAN and women-owned  busi-
   51               ness enterprise program.
   52    1.  a.  In  the  performance  of  projects  pursuant  to  this article
   53  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   54  prises  shall be given the opportunity for meaningful participation. The
   55  department or the office shall  establish  measures  and  procedures  to
   56  secure  meaningful  participation and identify those contracts and items
       S. 6025                            14
    1  of work for which minority, HONORABLY DISCHARGED VETERAN and women-owned
    2  business enterprises may best bid to actively and affirmatively  promote
    3  and  assist their participation in the projects, so as to facilitate the
    4  award of a fair share of contracts to such enterprises; provided, howev-
    5  er, that nothing in this article shall be construed to limit the ability
    6  of the department or office to assure that qualified minority, HONORABLY
    7  DISCHARGED  VETERAN and women-owned business enterprises may participate
    8  in the program.
    9    For purposes [hereof] OF THIS ARTICLE,  minority  business  enterprise
   10  shall  mean  any  business  enterprise  which  is at least fifty-one per
   11  centum owned by, or in the case of a publicly owned business,  at  least
   12  fifty-one  per  centum  of  the  stock  of which is owned by citizens or
   13  permanent resident aliens who are Black,  Hispanic,  Asian  or  American
   14  Indian,  Pacific Islander or Alaskan natives and such ownership interest
   15  is real, substantial and continuing and have the authority to  independ-
   16  ently  control  the  day  to day business decisions of the entity for at
   17  least one year; HONORABLY DISCHARGED VETERAN OWNED  BUSINESS  ENTERPRISE
   18  SHALL  MEAN  THE  SAME  AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION
   19  THREE HUNDRED TEN OF THE EXECUTIVE LAW; and women-owned business  enter-
   20  prise shall mean any business enterprise which is at least fifty-one per
   21  centum  owned  by, or in the case of a publicly owned business, at least
   22  fifty-one per centum of the stock of  which  is  owned  by  citizens  or
   23  permanent  resident aliens who are women, and such ownership interest is
   24  real, substantial and continuing and have the authority to independently
   25  control the day to day business decisions of the entity for at least one
   26  year. The provisions of this paragraph shall not be construed  to  limit
   27  the ability of any minority, HONORABLY DISCHARGED VETERAN or women-owned
   28  business enterprise to bid on any contract.
   29    b. In the implementation of this section, the department or the office
   30  shall consider compliance by any contractor with the requirements of any
   31  federal,  state,  or local law concerning minority, HONORABLY DISCHARGED
   32  VETERAN and women-owned business enterprises, which may  effectuate  the
   33  requirements of this section. If the department or the office determines
   34  that by virtue of the imposition of the requirements of any such law, in
   35  respect  to  capital project contracts, the provisions thereof duplicate
   36  or conflict with such law, the department may waive the applicability of
   37  this section to the extent of such duplication or conflict.
   38    c. Nothing in this section shall be deemed  to  require  that  overall
   39  state  and federal requirements for participation of minority, HONORABLY
   40  DISCHARGED VETERAN and  women-owned  business  enterprises  in  programs
   41  authorized under this article be applied without regard to local circum-
   42  stances to all projects or in all communities.
   43    2.  In  order  to  implement  the  requirements and objectives of this
   44  section, the department and the office  shall  establish  procedures  to
   45  monitor  the  contractors'  compliance  with  provisions hereof, provide
   46  assistance  in  obtaining  competing   qualified   minority,   HONORABLY
   47  DISCHARGED  VETERAN  and  women-owned  business  enterprises  to perform
   48  contracts proposed to be awarded, and take other appropriate measures to
   49  improve the access of minority, HONORABLY DISCHARGED VETERAN and  women-
   50  owned business enterprises to these contracts.
   51    S  17.  Subparagraph  (i)  of  paragraph (b), the opening paragraph of
   52  paragraph (c), paragraphs (i) and (j) and subparagraphs (ii)  and  (iii)
   53  of paragraph (n) of subdivision 3 of section 2879 of the public authori-
   54  ties  law,  subparagraph (i) of paragraph (b) as amended, paragraphs (i)
   55  and (j) as added, and subparagraphs (ii) and (iii) of paragraph  (n)  as
   56  relettered  by  chapter  174  of  the  laws of 2010 and paragraph (c) as
       S. 6025                            15
    1  amended by chapter 564 of the laws of 1988, are amended and a new  para-
    2  graph (e-1) is added to read as follows:
    3    (i)  for the selection of such contractors on a competitive basis, and
    4  provisions relating to the circumstances under which the  board  may  by
    5  resolution  waive  competition,  including,  notwithstanding  any  other
    6  provision of  law  requiring  competition,  the  purchase  of  goods  or
    7  services  from  small  business concerns or those certified as minority,
    8  HONORABLY DISCHARGED VETERAN or  women-owned  business  enterprises,  or
    9  goods  or  technology  that are recycled or remanufactured, in an amount
   10  not to exceed two hundred thousand dollars without a formal  competitive
   11  process;
   12    An  identification  of  those  areas  or  types of contracts for which
   13  minority, HONORABLY DISCHARGED VETERAN or  women-owned  business  enter-
   14  prises  may  best  bid so as to promote and assist participation by such
   15  enterprises and facilitate a fair share of the awarding of contracts  to
   16  such  enterprises. For the purposes of this section, a minority business
   17  enterprise means any business enterprise, including a  sole  proprietor-
   18  ship, partnership or corporation that is:
   19    (i) The establishment of appropriate goals for participation by minor-
   20  ity, HONORABLY DISCHARGED VETERAN or women-owned business enterprises in
   21  procurement contracts awarded by the corporation and for the utilization
   22  of minority, HONORABLY DISCHARGED VETERAN and women-owned enterprises as
   23  subcontractors  and  suppliers  by entities having procurement contracts
   24  with the corporation. Statewide  numerical  participation  target  goals
   25  shall  be established by each authority based on the findings of the two
   26  thousand ten disparity study.
   27    (j) Requirements to conduct procurements in a manner that will  enable
   28  the  corporation  to  achieve  the maximum feasible portion of the goals
   29  established pursuant to paragraph (i) of this subdivision and that elim-
   30  inates barriers  to  participation  by  minority,  HONORABLY  DISCHARGED
   31  VETERAN  and  women-owned  business  enterprises  in  the  corporation's
   32  procurements. Such procurement requirements shall include the following:
   33    (A) Measures and procedures to ensure that certified businesses  shall
   34  be  given  the  opportunity  for  maximum  feasible participation in the
   35  performance of state contracts and to assist in the corporation's  iden-
   36  tification  of  those state contracts for which certified businesses may
   37  best bid to actively and affirmatively promote and assist their  partic-
   38  ipation  in  the  performance of state contracts so as to facilitate the
   39  corporation's achievement of the maximum feasible portion of  the  goals
   40  for state contracts to such businesses;
   41    (B)   Provisions  designating  the  division  of  minority,  HONORABLY
   42  DISCHARGED VETERAN and women-owned business development to  certify  and
   43  decertify  minority,  HONORABLY DISCHARGED VETERAN and women-owned busi-
   44  ness enterprises for all corporations  through  a  single  process  that
   45  meets applicable state and federal requirements;
   46    (C)  A requirement that each contract solicitation document accompany-
   47  ing each solicitation set forth the expected degree of minority,  HONOR-
   48  ABLY  DISCHARGED  VETERAN  and  women-owned  business enterprise partic-
   49  ipation based, in part, on:
   50    I. the potential subcontract  opportunities  available  in  the  prime
   51  procurement contract; and
   52    II.  the  availability  of  certified  minority,  HONORABLY DISCHARGED
   53  VETERAN and women-owned business enterprises to respond competitively to
   54  the potential subcontract opportunities;
   55    (D) A requirement that each corporation  provide  a  current  list  of
   56  certified minority business enterprises to each prospective contractor;
       S. 6025                            16
    1    (E)  Provisions  relating  to joint ventures, under which a bidder may
    2  count toward meeting  its  minority  business  enterprise  participation
    3  goal,  the  minority, HONORABLY DISCHARGED VETERAN and women-owned busi-
    4  ness enterprise portion of the joint venture;
    5    (F)  Provisions  under  which the corporation may waive obligations of
    6  the contractor relating to minority, HONORABLY  DISCHARGED  VETERAN  and
    7  women-owned  business  enterprise  participation after a showing of good
    8  faith efforts to comply with the requirements of this  act  pursuant  to
    9  the  waiver  provisions  contained  in  subdivision six of section three
   10  hundred thirteen of the executive law;
   11    (G) A requirement that the corporation verify that minority, HONORABLY
   12  DISCHARGED VETERAN and women-owned  business  enterprises  listed  in  a
   13  successful  bid  are  actually participating to the extent listed in the
   14  project for which the bid was submitted;
   15    (H) In the implementation of this section, the contracting corporation
   16  shall:
   17    I. consider,  where  practicable,  the  severability  of  construction
   18  projects and other bundled contracts;
   19    II.  implement  a program that will enable the corporation to evaluate
   20  each contract to determine the appropriateness of the goal  pursuant  to
   21  paragraph (i) of this subdivision;
   22    III.  consider  compliance  with  the  requirements of any federal law
   23  concerning opportunities for minority, HONORABLY DISCHARGED VETERAN  and
   24  women-owned  business  enterprises which effectuates the purpose of this
   25  section; and
   26    IV. consult the  most  recent  disparity  study  pursuant  to  article
   27  fifteen-A of the executive law.
   28    (ii)  with  the  cooperation of the department of economic development
   29  and through cooperative efforts  with  contractors,  providing  for  the
   30  notification  of New York state business enterprises of opportunities to
   31  participate as subcontractors and suppliers on procurement contracts let
   32  by the corporation in an amount estimated to be equal to or greater than
   33  one million  dollars  and  promulgating  procedures  which  will  assure
   34  compliance  by  contractors  with  such  notification.  Once awarded the
   35  contract such contractors shall document their efforts to encourage  the
   36  participation  of  New  York state business enterprises as suppliers and
   37  subcontractors on procurement contracts equal to  or  greater  than  one
   38  million  dollars.  Documented  efforts  by a successful contractor shall
   39  consist of and be limited to showing that such contractor has (a) solic-
   40  ited bids, in a timely and adequate manner, from New York state business
   41  enterprises including certified minority, HONORABLY  DISCHARGED  VETERAN
   42  and women-owned business, or (b) contacted the New York state department
   43  of  economic  development  to obtain listings of New York state business
   44  enterprises, or (c) placed notices for subcontractors and  suppliers  in
   45  newspapers,  journals  and  other  trade publications distributed in New
   46  York state, or (d) participated in bidder outreach conferences.  If  the
   47  contractor  determines  that New York state business enterprises are not
   48  available to participate on the contract as subcontractors or suppliers,
   49  the contractor shall provide a statement indicating the method by  which
   50  such  determination  was  made. If the contractor does not intend to use
   51  subcontractors on the contract, the contractor shall provide a statement
   52  verifying such intent; and
   53    (iii) except for procurement contracts for which the corporation would
   54  be expending funds received from another state,  the  corporation  shall
   55  include  in  all bid documents provided to potential bidders a statement
   56  that information concerning the availability of New York  state  subcon-
       S. 6025                            17
    1  tractors  and  suppliers is available from the New York state department
    2  of economic development, which shall include the directory of  certified
    3  minority,  HONORABLY  DISCHARGED VETERAN and women-owned businesses, and
    4  it  is  the  policy  of  New York state to encourage the use of New York
    5  state subcontractors and suppliers, and to promote the participation  of
    6  minority,  HONORABLY DISCHARGED VETERAN and women-owned businesses where
    7  possible, in the procurement of goods and services; and
    8    (E-1) FOR PURPOSES OF  THIS  SECTION,  "HONORABLY  DISCHARGED  VETERAN
    9  OWNED  BUSINESS  ENTERPRISE"  MEANS  THE  SAME AS DEFINED IN SUBDIVISION
   10  TWENTY-FOUR OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   11    S 18. Section 957 of the general municipal law is amended by adding  a
   12  new subdivision (u) to read as follows:
   13    (U)  "HONORABLY  DISCHARGED   VETERAN OWNED BUSINESS ENTERPRISE" SHALL
   14  MEAN THE SAME AS DEFINED IN SUBDIVISION  TWENTY-FOUR  OF  SECTION  THREE
   15  HUNDRED TEN OF THE EXECUTIVE LAW.
   16    S 19. Subdivisions (g) and (t) of section 959 of the general municipal
   17  law,  as  amended  by section 3 of part S-1 of chapter 57 of the laws of
   18  2009, are amended to read as follows:
   19    (g) Coordinate, with the local empire zone  administrative  board  and
   20  state  agencies  and  authorities, the provision of business development
   21  programs and services for each empire zone in  order  to  stimulate  the
   22  creation  and  development  of new small businesses, including new small
   23  minority-owned, HONORABLY DISCHARGED VETERAN-OWNED and women-owned busi-
   24  ness enterprises, and may request and shall receive from any department,
   25  division, board, bureau, commission, agency or public authority  of  the
   26  state such assistance as may be necessary;
   27    (t)  Coordinate with the urban development corporation the creation of
   28  a special category of assistance for zones within the regional  economic
   29  development  partnership  program,  which  will  make available economic
   30  development assistance grants for zone programs and activities,  includ-
   31  ing,  but  not  limited  to,  planning,  service coordination, and local
   32  institutional capacity building for human resource development necessary
   33  for economic revitalization; planning and development of small  business
   34  incubators; job placement and preparedness programs for zones residents;
   35  education and training programs for zone businesses; child care programs
   36  and  projects  supportive  of business development; technical assistance
   37  for minority, HONORABLY  DISCHARGED  VETERAN  and  women-owned  business
   38  development;  training for zone officials; business and tourism develop-
   39  ment and marketing programs; and other innovative  programs  and  activ-
   40  ities in support of economic and community development within the zones;
   41    S  20.  Paragraph (x) of subdivision (b) of section 961 of the general
   42  municipal law, as added by chapter 708 of the laws of 1993,  is  amended
   43  to read as follows:
   44    (x) identify financial commitments the applicant will make to the zone
   45  for activities, including, but not limited to, marketing of the zone for
   46  business  development,  human  resource  services for zone residents and
   47  businesses, and services for small [and], minority, HONORABLY DISCHARGED
   48  VETERAN and women-owned businesses;
   49    S 21. Subdivision (j) of section 962 of the general municipal law,  as
   50  amended  by  chapter  624  of the laws of 1990 and as further amended by
   51  section 15 of part GG of chapter 63 of the laws of 2000, is  amended  to
   52  read as follows:
   53    (j)  a  description  of  activities  designed to ensure the meaningful
   54  participation of minority-owned, HONORABLY DISCHARGED VETERAN-OWNED  and
   55  women-owned business enterprises in empire zone development activities;
       S. 6025                            18
    1    S  22. Paragraphs (iii) and (xii) of subdivision (a) of section 963 of
    2  the general municipal law, as amended by chapter  708  of  the  laws  of
    3  1993,  as  further amended by section 15 of part GG of chapter 63 of the
    4  laws of 2000 and as relettered by section 7 of part S-1 of chapter 57 of
    5  the laws of 2009, are amended to read as follows:
    6    (iii)  undertake efforts to ensure meaningful participation by minori-
    7  ty-owned, HONORABLY DISCHARGED VETERAN-OWNED  and  women-owned  business
    8  enterprises in empire zone activities;
    9    (xii)  provide  within  the  zone,  or contract with a new or existing
   10  community-based local development  corporation  or  entity  to  provide,
   11  strategic  economic  development  planning  for  the zone, marketing and
   12  promotion of the zone, assistance to companies in applying for available
   13  benefits, preparation of applications for financing assistance and other
   14  technical assistance services; coordination of the delivery of state and
   15  local programs within the zones; and operation of  such  other  economic
   16  development assistance programs in furtherance of the empire zone devel-
   17  opment  plan as may be appropriate. Provided, however, within the amount
   18  appropriated therefor and allocated by the director of the  budget,  the
   19  commissioner,  through  annual  administrative  contracts, shall, to the
   20  maximum extent  feasible,  make  equally  available  financial  support,
   21  through  contracts  or  other  means,  to assist with the administrative
   22  expenses of the local  zone  administrative  bodies  or  community-based
   23  development  organizations.  No  funds  shall be made available for this
   24  purpose unless the amount to be provided has been matched by private  or
   25  governmental  sources,  other  than  state  sources, in amounts at least
   26  equalling that to be provided by the state. Such matching funds shall be
   27  earmarked and used exclusively for the local administration of the  zone
   28  program or for activities of the zone program. At least fifty percent of
   29  such matching funds shall be in cash, provided that the commissioner may
   30  waive  this  requirement for communities with populations of twenty-five
   31  thousand or less, and provided, further, that any  amounts  appropriated
   32  for  minority,  HONORABLY  DISCHARGED  VETERAN  and women-owned business
   33  development within the zones shall be distributed  by  the  commissioner
   34  pursuant to a competitive proposal solicitation process.
   35    S  23. Subdivision (c) of section 964 of the general municipal law, as
   36  amended by chapter 708 of the laws of 1993 and  as  further  amended  by
   37  section  15  of part GG of chapter 63 of the laws of 2000, is amended to
   38  read as follows:
   39    (c) Each empire zone capital corporation shall, to the maximum  extent
   40  feasible, undertake measures and procedures to ensure meaningful partic-
   41  ipation   by  minority-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED  and
   42  women-owned business enterprises in the activities  and  investments  of
   43  such corporation. Each such corporation shall additionally, to the maxi-
   44  mum  extent  feasible, undertake measures and procedures to ensure mean-
   45  ingful participation by locally owned business enterprises in the activ-
   46  ities and investments of such corporation.
   47    S 24. Subparagraph 7 of paragraph f of subdivision 3 of section  970-r
   48  of the general municipal law, as amended by section 1 of part F of chap-
   49  ter 577 of the laws of 2004, is amended to read as follows:
   50    (7)  the  financial  commitments the applicant will make to the brown-
   51  field opportunity area for activities including,  but  not  limited  to,
   52  marketing  of the area for business development, human resource services
   53  for residents and businesses in the  brownfield  opportunity  area,  and
   54  services  for  small  [and],  minority, HONORABLY DISCHARGED VETERAN and
   55  women-owned businesses.
       S. 6025                            19
    1    S 25. Subdivision 33 of section 454 of the banking law, as amended  by
    2  chapter 679 of the laws of 2003, is amended to read as follows:
    3    33. Notwithstanding any other provision of this article to the contra-
    4  ry,  to  participate  in the [minority -] MINORITY, HONORABLY DISCHARGED
    5  VETERAN and women-owned business development  and  lending  program,  as
    6  established  in  section 16-c of section 1 of chapter 174 of the laws of
    7  1968, constituting the urban development corporation act, to the  extent
    8  that such program allows participation by credit unions.
    9    S  26.  Section  9-b  of section 1 of chapter 359 of the laws of 1968,
   10  constituting the facilities development corporation  act,  as  added  by
   11  chapter 58 of the laws of 1987, is amended to read as follows:
   12    S 9-b. Minority, HONORABLY DISCHARGED VETERAN and women-owned business
   13  enterprise  program.  1.  (a) Minority, HONORABLY DISCHARGED VETERAN and
   14  women-owned business enterprises shall  be  given  the  opportunity  for
   15  meaningful  participation  in  all contracts executed by the corporation
   16  pursuant to the provisions of this act other than contracts the cost  of
   17  which  is  borne  solely by a municipality or municipalities. The corpo-
   18  ration shall establish measures  and  procedures  to  secure  meaningful
   19  participation  and  identify those contracts and items of work for which
   20  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   21  prises  may  best  bid  to actively and affirmatively promote and assist
   22  their participation in the projects, so as to facilitate the award of  a
   23  fair  share  of  contracts  to such enterprises; provided, however, that
   24  nothing in this act shall be construed  to  limit  the  ability  of  the
   25  corporation  to  assure  that  qualified  minority, HONORABLY DISCHARGED
   26  VETERAN and women-owned business  enterprises  may  participate  in  the
   27  program.  For  purposes  hereof, minority business enterprise shall mean
   28  any business enterprise which is at least fifty-one per centum owned by,
   29  or in the case of a publicly owned  business,  at  least  fifty-one  per
   30  centum  of the stock of which is owned by citizens or permanent resident
   31  aliens who are Black, Hispanic, Asian or American Indian, Pacific Islan-
   32  der or Alaskan natives and such ownership interest is real,  substantial
   33  and  continuing  and have the authority to independently control the day
   34  to day business decisions of the entity for at least one year; HONORABLY
   35  DISCHARGED VETERAN BUSINESS ENTERPRISE SHALL MEAN THE SAME AS DEFINED IN
   36  SUBDIVISION 24 OF SECTION 310 OF  THE  EXECUTIVE  LAW;  and  women-owned
   37  business enterprise shall mean any business enterprise which is at least
   38  fifty-one  per centum owned by, or in the case of a publicly owned busi-
   39  ness, at least fifty-one per centum of the stock of which  is  owned  by
   40  citizens  or permanent resident aliens who are women, and such ownership
   41  interest is real, substantial and continuing and have the  authority  to
   42  independently  control  the  day to day business decisions of the entity
   43  for at least one year.
   44    The provisions of this paragraph shall not be construed to  limit  the
   45  ability  of  any  minority,  HONORABLY DISCHARGED VETERAN or women-owned
   46  business enterprise to bid on any contract.
   47    (b) In the implementation  of  this  section,  the  corporation  shall
   48  consider  compliance  by  any  contractor  with  the requirements of any
   49  federal, state, or local law concerning minority,  HONORABLY  DISCHARGED
   50  VETERAN  and  women-owned business enterprises, which may effectuate the
   51  requirements of this section. If  the  corporation  determines  that  by
   52  virtue of the imposition of the requirements of any such law, in respect
   53  to  contracts,  the  provisions  thereof duplicate or conflict with this
   54  section, the corporation may waive the applicability of this section  to
   55  the extent of such duplication or conflict.
       S. 6025                            20
    1    (c)  Nothing  in  this section shall be deemed to require that overall
    2  state and federal requirements for participation of minority,  HONORABLY
    3  DISCHARGED  VETERAN  and  women-owned  business  enterprises in programs
    4  authorized under this act be applied without  regard  to  local  circum-
    5  stances to all projects or in all communities.
    6    2.  In  order  to  implement  the  requirements and objectives of this
    7  section, the corporation  shall  establish  procedures  to  monitor  the
    8  contractors'  compliance  with  provisions hereof, provide assistance in
    9  obtaining competing qualified minority, HONORABLY DISCHARGED VETERAN and
   10  women-owned business enterprises to perform  contracts  proposed  to  be
   11  awarded,  and  take  other appropriate measures to improve the access of
   12  minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   13  prises to these contracts.
   14    S  27.  Section  16-b of section 1 of chapter 392 of the laws of 1973,
   15  constituting the New York state medical care facilities  finance  agency
   16  act,  as  added by chapter 58 of the laws of 1987, is amended to read as
   17  follows:
   18    S 16-b. Minority, HONORABLY DISCHARGED VETERAN and  women-owned  busi-
   19  ness  enterprise  program. 1. a. In the performance of projects pursuant
   20  to this act minority, HONORABLY DISCHARGED VETERAN and women-owned busi-
   21  ness enterprises shall be given the opportunity for  meaningful  partic-
   22  ipation.  The  agency  shall establish measures and procedures to secure
   23  meaningful participation and identify those contracts and items of  work
   24  for  which  minority, HONORABLY DISCHARGED VETERAN and women-owned busi-
   25  ness enterprises may best bid to actively and affirmatively promote  and
   26  assist  their  participation  in  the  projects, so as to facilitate the
   27  award of a fair share of contracts to such enterprises; provided, howev-
   28  er, that nothing in this act shall be construed to limit the ability  of
   29  the  agency  to  assure  that  qualified  minority, HONORABLY DISCHARGED
   30  VETERAN and women-owned business  enterprises  may  participate  in  the
   31  program.  For  purposes  hereof, minority business enterprise shall mean
   32  any business enterprise which is at least fifty-one per centum owned by,
   33  or in the case of a publicly owned  business,  at  least  fifty-one  per
   34  centum  of the stock of which is owned by citizens or permanent resident
   35  aliens who are Black, Hispanic, Asian or American Indian, Pacific Islan-
   36  der or Alaskan natives and such ownership interest is real,  substantial
   37  and  continuing  and have the authority to independently control the day
   38  to day business decisions of the entity for at least one year; HONORABLY
   39  DISCHARGED VETERAN BUSINESS ENTERPRISE SHALL MEAN THE SAME AS DEFINED IN
   40  SUBDIVISION 24 OF SECTION 310 OF  THE  EXECUTIVE  LAW;  and  women-owned
   41  business enterprise shall mean any business enterprise which is at least
   42  fifty-one  per centum owned by, or in the case of a publicly owned busi-
   43  ness, at least fifty-one per centum of the stock of which  is  owned  by
   44  citizens  or permanent resident aliens who are women, and such ownership
   45  interest is real, substantial and continuing and have the  authority  to
   46  independently  control  the  day to day business decisions of the entity
   47  for at least one year.
   48    The provisions of this paragraph shall not be construed to  limit  the
   49  ability  of  any  minority,  HONORABLY DISCHARGED VETERAN or women-owned
   50  business enterprise to bid on any contract.
   51    b. In the implementation of this section, the  agency  shall  consider
   52  compliance  by  any  contractor  with  the  requirements of any federal,
   53  state, or local law concerning minority,  HONORABLY  DISCHARGED  VETERAN
   54  and  women-owned business enterprises, which may effectuate the require-
   55  ments of this section. If the department or the office  determines  that
   56  by  virtue  of  the  imposition  of the requirements of any such law, in
       S. 6025                            21
    1  respect to contracts, the provisions thereof duplicate or conflict  with
    2  this  act, the agency may waive the applicability of this section to the
    3  extent of such duplication or conflict.
    4    c.  Nothing  in  this  section shall be deemed to require that overall
    5  state and federal requirements for participation of minority,  HONORABLY
    6  DISCHARGED  VETERAN  and  women-owned  business  enterprises in programs
    7  authorized under this act be applied without  regard  to  local  circum-
    8  stances to all projects or in all communities.
    9    2.  In  order  to  implement  the  requirements and objectives of this
   10  section, the agency shall establish procedures to monitor  the  contrac-
   11  tors' compliance with provisions hereof, provide assistance in obtaining
   12  competing  qualified  minority,  HONORABLY DISCHARGED VETERAN and women-
   13  owned business enterprises to perform contracts proposed to be  awarded,
   14  and  take  other appropriate measures to improve the access of minority,
   15  HONORABLY DISCHARGED VETERAN and  women-owned  business  enterprises  to
   16  these contracts.
   17    S  28. Paragraph (c) of subdivision 10 of section 16-a of section 1 of
   18  chapter 174 of the laws of 1968, constituting the New York  state  urban
   19  development  corporation  act,  as amended by chapter 477 of the laws of
   20  2002, is amended to read as follows:
   21    (c) of minority, HONORABLY DISCHARGED VETERAN  or  women-owned  enter-
   22  prises  or  enterprises  owned  by  dislocated  workers, such workers as
   23  defined in the Workforce Investment Act (P.L. 105-220); and
   24    S 29. Section 16-c of section 1 of chapter 174 of the  laws  of  1968,
   25  constituting  the  New  York state urban development corporation act, as
   26  added by chapter 169 of the laws of 1994, subdivision 1  as  amended  by
   27  section  1  of  part AA of chapter 55 of the laws of 2014, subparagraphs
   28  (i) and (ii) of paragraph (a) of subdivision 2  as  further  amended  by
   29  section  15  of part GG of chapter 63 of the laws of 2000, is amended to
   30  read as follows:
   31    S 16-c. [Minority-] MINORITY, HONORABLY DISCHARGED VETERAN and  women-
   32  owned business development and lending program.
   33    (1) [Minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
   34  business development and lending program.  (a) There is hereby created a
   35  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
   36  ness development and lending program for the purpose of providing finan-
   37  cial  and technical assistance to minority, HONORABLY DISCHARGED VETERAN
   38  and women-entrepreneurs.
   39    (b) For the purposes of this section  the  following  words  or  terms
   40  shall mean as follows:
   41    (i)  "minority-owned business enterprise" or "minority-owned business"
   42  shall mean the same as "minority  business  enterprise"  as  defined  in
   43  subdivision  [three]  3 of section [two hundred ten] 210 of the economic
   44  development law.
   45    (ii) "women-owned business enterprise" or "women-owned business" shall
   46  mean the same as "women-owned business enterprise" as defined in  subdi-
   47  vision  [five] 5 of section [two hundred ten] 210 of the economic devel-
   48  opment law.
   49    (iii) "HONORABLY DISCHARGED VETERAN BUSINESS  ENTERPRISE"  SHALL  MEAN
   50  THE  SAME  AS  DEFINED IN SUBDIVISION 24 OF SECTION 310 OF THE EXECUTIVE
   51  LAW.
   52    (IV) "incubator" shall mean a facility providing low-cost space, tech-
   53  nical assistance and support services, including, but  not  limited  to,
   54  central  services  shared  by  tenants  of  the facility, to [minority-]
   55  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   56  prises.
       S. 6025                            22
    1    (c) Assistance shall not be provided under this section for:
    2    (i)  the  purchase  or rehabilitation of real property for speculative
    3  purposes;
    4    (ii) payment of any tax or employee benefit arrearage;
    5    (iii)   residential   construction,    renovation    or    development
    6  construction,  except  for  assistance to minority, HONORABLY DISCHARGED
    7  VETERAN and women contractors under subdivision four of this section;
    8    (iv) educational institutions and proprietary education firms,  except
    9  licensed child care facilities;
   10    (v) hospitals or residential health care facilities;
   11    (vi) overnight lodging facilities;
   12    (vii)  refinancing  of  debt  or  equity  invested in an enterprise or
   13  project.
   14    (d) The corporation is authorized to:
   15    (i) establish programs in  conjunction  with  locally,  and  community
   16  based  entities  to  decentralize  lending  for small loans and loans to
   17  start up [minority-] MINORITY, HONORABLY DISCHARGED VETERAN  and  women-
   18  owned businesses;
   19    (ii)   establish  a  comprehensive  program  for  minority,  HONORABLY
   20  DISCHARGED VETERAN and women contractors, which may  include  assistance
   21  through loans, bonding assistance and technical assistance;
   22    (iii)  establish a program to provide loans to established [minority-]
   23  MINORITY, HONORABLY DISCHARGED VETERAN and  women-owned  businesses  and
   24  for  [minority-]  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
   25  businesses, including loans to such businesses  seeking  to  acquire  or
   26  expand a franchise;
   27    (iv) provide loan guarantees to financial institutions and make linked
   28  deposits  into  federally  and  state  chartered  credit  unions for the
   29  purpose of encouraging private financial institutions to make  loans  to
   30  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
   31  nesses;
   32    (v)  establish a program to create incubators to assist small and high
   33  risk [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and  women-owned
   34  businesses to grow and prosper;
   35    (vi)  promote  equity  investment  in  [minority-] MINORITY, HONORABLY
   36  DISCHARGED VETERAN and women-owned businesses;
   37    (vii) establish a comprehensive technical assistance program in  coop-
   38  eration  with  the department of economic development to assist [minori-
   39  ty-] MINORITY, HONORABLY DISCHARGED VETERAN and  women-owned  businesses
   40  and  potential  minority,  HONORABLY DISCHARGED VETERAN and women-entre-
   41  preneurs; and
   42    (viii) notwithstanding any provision of law to the contrary, establish
   43  a [minority-] MINORITY, HONORABLY  DISCHARGED  VETERAN  and  women-owned
   44  business investment fund to provide critical financial support to foster
   45  the   development   of   new   and   emerging   ideas  and  products  of
   46  [minority-]MINORITY, HONORABLY DISCHARGED VETERAN and women-owned  busi-
   47  ness  enterprises as well as to promote the long-term financial perform-
   48  ance and success of early stage enterprises that are [minority-] MINORI-
   49  TY,  HONORABLY  DISCHARGED  VETERAN  and  women-owned   start-ups.   The
   50  selection  of  an  eligible  applicant and beneficiary companies for the
   51  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
   52  ness investment fund shall be selected by the process established pursu-
   53  ant to subdivisions [two] 2 through [four] 4 of section [sixteen-u] 16-U
   54  of this act.   [Minority-] MINORITY,  HONORABLY  DISCHARGED  VETERAN  or
   55  women-owned  business  enterprises  who  participate in such [minority-]
   56  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned business  invest-
       S. 6025                            23
    1  ment  fund under this subdivision shall not be precluded from qualifying
    2  for any other assistance, grant or loan made available from the state.
    3    (2)  Minority,  HONORABLY  DISCHARGED VETERAN and women revolving loan
    4  trust fund. For the purpose of establishing programs in conjunction with
    5  locally and community based entities to decentralize lending  for  small
    6  loans  and  loans to start up [minority-] MINORITY, HONORABLY DISCHARGED
    7  VETERAN and women-owned  businesses,  the  corporation  shall  establish
    8  minority,  HONORABLY  DISCHARGED  VETERAN and women revolving loan trust
    9  fund accounts and related administrative expenses trust fund accounts.
   10    (a) Each minority, HONORABLY DISCHARGED VETERAN  and  women  revolving
   11  loan  trust  fund  account  shall  be administered by one or more of the
   12  following types of entities that provide  services  to  community  busi-
   13  nesses  and  have  as  one  of  their  primary purposes the provision of
   14  services and assistance to [minority-]  MINORITY,  HONORABLY  DISCHARGED
   15  VETERAN and women-owned businesses:
   16    (i)  empire  zone capital corporations established pursuant to section
   17  [nine hundred sixty-four] 964 of the general municipal law;
   18    (ii) community-based  local  development  corporations  or  industrial
   19  development  agencies  that serve a municipality in which an empire zone
   20  has been established pursuant to article [eighteen-B] 18-B of the gener-
   21  al municipal law and have as their primary purpose assistance to [minor-
   22  ity-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned  businesses
   23  located or to be located in such empire zone; or
   24    (iii)  local and community development corporations, industrial devel-
   25  opment agencies, or other not-for-profit entities, representative of the
   26  community.
   27    (b) To be eligible to  administer  a  minority,  HONORABLY  DISCHARGED
   28  VETERAN  and  women  revolving  loan trust fund account, the entity must
   29  also: (i) have staff with sufficient expertise to  analyze  applications
   30  for  financial  assistance, to regularly monitor financial assistance to
   31  clients, and to provide management or technical assistance  to  clients;
   32  and  (ii)  have  established  a  loan  committee composed of six or more
   33  persons experienced in business management, commercial lending or in the
   34  operation of a for-profit business, at least one-half of whom  shall  be
   35  experienced  in  commercial lending, at least one-third of whom shall be
   36  minority persons and at least one-third of whom  shall  be  women.  Such
   37  loan committee shall review every application, determine the feasibility
   38  of the proposed project and the likelihood of repayment of the requested
   39  financing  and  shall recommend to the governing body of the entity such
   40  action on the application as the loan committee deems  appropriate.  The
   41  corporation  shall  identify  entities  eligible to administer minority,
   42  HONORABLY  DISCHARGED  VETERAN  and  women  revolving  loan  trust  fund
   43  accounts through a competitive statewide request for proposal process.
   44    (c) Any entity selected to administer a minority, HONORABLY DISCHARGED
   45  VETERAN and women revolving loan trust fund account shall be eligible to
   46  draw  funds from the account as needed to provide the following types of
   47  financial  assistance  to  [minority-]  MINORITY,  HONORABLY  DISCHARGED
   48  VETERAN  and women-owned businesses upon certification to and acceptance
   49  by the corporation that such assistance complies with  rules  and  regu-
   50  lations  promulgated  by  the  corporation:  (i)  working capital loans,
   51  provided that the amount of the loan does not exceed  thirty-five  thou-
   52  sand  dollars  and  the term of the loan does not exceed five years; and
   53  (ii) loans for the acquisition and/or improvement of real  property  and
   54  for  the acquisition of machinery and equipment provided that the amount
   55  of the loan does not exceed fifty thousand dollars and the term  of  the
   56  loan does not exceed the useful life of the equipment or property.
       S. 6025                            24
    1    (d)  (i)  Notwithstanding  any  provision  of law to the contrary, the
    2  corporation may establish an administrative expenses trust fund  account
    3  for the benefit of each entity selected to administer a minority, HONOR-
    4  ABLY DISCHARGED VETERAN and women revolving loan trust fund account. The
    5  initial  deposit  of  funds  to  an  administrative  expenses trust fund
    6  account shall be an amount determined by the corporation but  shall  not
    7  exceed twenty-five thousand dollars.
    8    (ii) An entity selected to administer a minority, HONORABLY DISCHARGED
    9  VETERAN and women revolving loan trust fund account may use the funds in
   10  the  administrative expenses trust fund account for costs incurred by it
   11  in the start up and administration of the financial  assistance  program
   12  authorized pursuant to this subdivision.
   13    (iii)  The corporation shall deposit into each administrative expenses
   14  trust fund account:
   15    (A) all income earned from the moneys on deposit in the  corresponding
   16  minority,  HONORABLY  DISCHARGED  VETERAN and women revolving loan trust
   17  fund account during the first year of  the  entity's  administration  of
   18  said account; and
   19    (B) beginning with its second year in administering a minority, HONOR-
   20  ABLY  DISCHARGED  VETERAN  and  women revolving loan trust fund account,
   21  said amounts may be used for costs incurred by the entity in administer-
   22  ing the minority, HONORABLY DISCHARGED VETERAN and women revolving  loan
   23  trust fund account; and
   24    (C) repayments of interest on loans made from the corresponding minor-
   25  ity,  HONORABLY  DISCHARGED  VETERAN and women revolving loan trust fund
   26  account.
   27    (iv) Funds from the administrative expenses trust fund account may  be
   28  used  for  costs  incurred at any time by an administering entity in its
   29  administration of a minority, HONORABLY  DISCHARGED  VETERAN  and  women
   30  revolving loan trust fund account pursuant to this section.
   31    (v)  Funds  deposited in an administrative expenses trust fund account
   32  shall be disbursed by the corporation to the entity that administers the
   33  corresponding minority, HONORABLY DISCHARGED VETERAN and women revolving
   34  loan trust fund account on a periodic basis and shall be expended by the
   35  entity in accordance with an annual budget  and  any  updates  of  same,
   36  approved by the corporation.
   37    (e) Any entity selected to administer a minority, HONORABLY DISCHARGED
   38  VETERAN  and  women  revolving  loan trust fund account shall pay to the
   39  corporation for deposit  any  repayments  received  in  connection  with
   40  financial  assistance  provided from its account. Payments consisting of
   41  the repayment of the principal amount of a loan shall  be  deposited  by
   42  the  corporation  into  the  minority,  HONORABLY DISCHARGED VETERAN and
   43  women revolving loan trust fund account from which the  loan  was  made.
   44  The  interest earned by the corporation from the investment of moneys in
   45  each minority, HONORABLY DISCHARGED VETERAN  and  women  revolving  loan
   46  trust  fund account during and after the second year of a selected enti-
   47  ty's administration of said account shall be  deposited  by  the  corpo-
   48  ration into the corresponding minority, HONORABLY DISCHARGED VETERAN and
   49  women  revolving  loan trust fund account and used to provide the finan-
   50  cial assistance to [minority-] MINORITY,  HONORABLY  DISCHARGED  VETERAN
   51  and women-owned businesses as authorized pursuant to this section.
   52    (f)  The  provisions of subdivisions eight, nine, and fourteen through
   53  nineteen of section sixteen-a of this act  pertaining  to  the  regional
   54  revolving  loan  trust  fund  shall  also be applicable to the minority,
   55  HONORABLY DISCHARGED  VETERAN  and  women  revolving  loan  trust  fund,
   56  provided  that: where the term "regional corporation" appears therein it
       S. 6025                            25
    1  shall be  interpreted  to  mean  an  entity  selected  to  administer  a
    2  minority,  HONORABLY  DISCHARGED  VETERAN and women revolving loan trust
    3  fund account, and "regional revolving [loans]  LOAN  trust  fund"  shall
    4  mean  a  minority, HONORABLY DISCHARGED VETERAN and women revolving loan
    5  trust fund, and where the term "this section" appears therein  it  shall
    6  mean this section sixteen-c.
    7    (g)  The  corporation  may provide funds from an appropriation for the
    8  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
    9  ness development and lending program to any entity selected to  adminis-
   10  ter  a  minority,  HONORABLY DISCHARGED VETERAN and women revolving loan
   11  trust fund for the purposes of recapitalizing such account and the enti-
   12  ty's corresponding administrative expenses trust fund account  following
   13  an  evaluation by the corporation of the entity's administration and use
   14  of such accounts.
   15    (h) Notwithstanding any provision of law to the contrary,  the  corpo-
   16  ration  shall  establish  a  minority,  HONORABLY DISCHARGED VETERAN and
   17  women revolving loan trust fund to pay into such fund  any  moneys  made
   18  available  to  the  corporation for such fund from any source, including
   19  moneys appropriated by the state and any income earned by, or  increment
   20  to,  the  account  due  to  the  investment thereof, or any repayment of
   21  moneys advanced from the fund.  The corporation shall not commingle  the
   22  moneys  of  such  fund with any moneys held in trust by the corporation,
   23  except for investment purposes.
   24    (3) Micro-loan program. (a)  For  the  purposes  of  this  subdivision
   25  "micro-loan"  shall  mean  a  loan  of under seven thousand five hundred
   26  dollars.
   27    (b) The corporation shall, pursuant to requests for  proposals,  enter
   28  into  agreements  for  other  types  of locally, community or regionally
   29  administered loan programs than those set forth in  subdivision  two  of
   30  this  section, including micro-loan programs to be administered by local
   31  development corporations, local  industrial  development  organizations,
   32  municipalities  and not-for-profit organizations, to provide micro-loans
   33  to small and high risk [minority-] MINORITY, HONORABLY DISCHARGED VETER-
   34  AN and women-owned businesses located within  their  respective  service
   35  areas,  provided  that  loan  review  committees are established by such
   36  administering entity, including women, HONORABLY DISCHARGED VETERAN  and
   37  minority  persons  experienced in business management, business develop-
   38  ment, commercial lending, entrepreneurship, or in  the  operation  of  a
   39  for-profit business.
   40    (c) Agreements entered into pursuant to paragraph (b) of this subdivi-
   41  sion  shall be governed by paragraphs (d) through (h) of subdivision two
   42  of this section, and minority, HONORABLY DISCHARGED  VETERAN  and  women
   43  revolving  loan  trust  fund  accounts and administrative expenses trust
   44  fund accounts shall be established in a  similar  fashion  for  entities
   45  selected to administer micro-loan funds pursuant to this subdivision.
   46    (4)  Minority,  HONORABLY  DISCHARGED  VETERAN  and  women contracting
   47  program. For the purpose of  establishing  a  comprehensive  program  to
   48  assist minority, HONORABLY DISCHARGED VETERAN and women contractors, the
   49  corporation may provide loans, loan guarantees, technical assistance and
   50  bonding  assistance,  the  corporation may enter into cooperative agree-
   51  ments with  cities,  counties,  municipalities,  authorities,  agencies,
   52  federally and state chartered credit unions in New York state and feder-
   53  ally  insured  banking organizations and financial institutions for such
   54  purposes.
   55    (a) To be eligible for a  contractor  loan,  the  borrower  must  have
   56  either  (i) a construction contract with, or a contract to provide goods
       S. 6025                            26
    1  or services to, a governmental entity or authority, (ii)  a  subcontract
    2  on  a  government-sponsored  construction  contract, (iii) a contract or
    3  subcontract on a [government sponsored] GOVERNMENT-SPONSORED residential
    4  project,  or  (iv)  a  contract or subcontract on a construction project
    5  previously approved by the corporation pursuant to section ten  of  this
    6  act.
    7    (b)  The  corporation  shall provide technical assistance specifically
    8  oriented to  minority,  HONORABLY  DISCHARGED  VETERAN  and  women-owned
    9  government contractors as part of its comprehensive technical assistance
   10  program.
   11    (c)  The  corporation  is authorized to provide assistance through the
   12  creation of, or assistance to, a minority, HONORABLY DISCHARGED  VETERAN
   13  and  women  bonding  guarantee  program  to  enable  minority, HONORABLY
   14  DISCHARGED VETERAN and women  contractors  and  subcontractors  to  meet
   15  payment or performance bonding requirements.
   16    (i)  Through  such  program, assistance in the form of working capital
   17  loans and loan guarantees pursuant to subdivision six  of  this  section
   18  may also be provided to minority, HONORABLY DISCHARGED VETERAN and women
   19  contractors and subcontractors who have secured contracts by participat-
   20  ing in the program.
   21    (ii)  The  corporation shall either establish criteria for the bonding
   22  guarantee program and for any required escrow funds which shall  include
   23  detailed  provisions for eligibility; or if the corporation is providing
   24  assistance to a program other than one established by  the  corporation,
   25  review and approve the criteria established for such other program.
   26    (5)  Direct  financial  assistance for [minority-] MINORITY, HONORABLY
   27  DISCHARGED VETERAN and women-owned businesses. For the purpose of estab-
   28  lishing a program to provide direct financial assistance to  [minority-]
   29  MINORITY,  HONORABLY  DISCHARGED VETERAN and women-owned businesses, the
   30  corporation is authorized to provide assistance in the form of:
   31    (a) Business development loans and loan guarantees pursuant to  subdi-
   32  vision  six  of this section to eligible enterprises for the acquisition
   33  or improvement of real property, machinery, equipment or  working  capi-
   34  tal,  provided  that to be eligible for a business development loan, the
   35  borrowers must have been in  business  for  at  least  three  years  and
   36  provided  that  the  loans must be in an amount equal to or in excess of
   37  fifty thousand dollars;
   38    (b) Franchise loans to eligible  enterprises  seeking  to  acquire  or
   39  expand  franchises  of nationally recognized corporations, provided that
   40  disbursements by the corporation of such loans shall be  conditioned  on
   41  obtaining such franchises;
   42    (c)  Equity  assistance  for  eligible  minority, HONORABLY DISCHARGED
   43  VETERAN and women-owned enterprises to  match  equity  contributions  to
   44  such  enterprises  by  financial  institutions and community development
   45  equity capital funds, provided, however, that such assistance  shall  be
   46  targeted  to  start-up and early stage enterprises in the manufacturing,
   47  retail and service sectors located in economically distressed areas.
   48    (6) Deposits and loan  guarantees.  For  the  purpose  of  encouraging
   49  private  financial  institutions  to  make loans to eligible enterprises
   50  pursuant to this section for any of the eligible  projects  pursuant  to
   51  subdivisions  four  and five of this section, the corporation is author-
   52  ized to:
   53    (a) Make linked deposits of funds into federally and  state  chartered
   54  credit  unions  in  New York state, in order to encourage such organiza-
   55  tions to make small loans to minority, HONORABLY DISCHARGED VETERAN  and
   56  women-owned businesses; and
       S. 6025                            27
    1    (b)  Provide  loan  guarantees  to  private financial institutions for
    2  loans made to eligible [minority-] MINORITY, HONORABLY DISCHARGED VETER-
    3  AN and women-owned businesses pursuant to this subdivision for  eligible
    4  projects,  provided  that  the guarantee shall be at least fifty percent
    5  backed  by  funds  of  the  corporation. Any such loan guaranteed by the
    6  corporation shall be made to borrowers that are approved by  the  corpo-
    7  ration and substantially meet the underwriting criteria the credit union
    8  or  financial  institution  customarily applies to similar borrowers for
    9  similar loans supported by similar guarantees, and  no  guaranteed  loan
   10  funds  shall  be  disbursed until the corporation has received, reviewed
   11  and concurred, in writing, with the recommendation of the  credit  union
   12  or banking or financial institution to make a loan.
   13    (7)  Minority,  HONORABLY  DISCHARGED VETERAN and women small business
   14  incubator program.
   15    (a) The corporation shall establish a minority and women  small  busi-
   16  ness  incubator  program  for the purpose of providing financial support
   17  for the creation of incubators to nurture minority, HONORABLY DISCHARGED
   18  VETERAN and women-owned business enterprises with growth potential.
   19    (b) Under this subdivision the corporation is  authorized  to  provide
   20  low-interest  loans  and grants for construction financing and permanent
   21  financing of up to seventy-five percent of project costs up to a maximum
   22  of six hundred fifty thousand dollars per  project,  provided  that  the
   23  total  amount  of  grant  assistance provided pursuant to this paragraph
   24  shall not exceed twenty percent of an  appropriation  provided  for  the
   25  purposes of this section.
   26    (c)  Incubator projects eligible for such assistance shall involve the
   27  renovation or reconstruction of existing facilities or  the  acquisition
   28  of  equipment,  except  that construction shall be allowable in cases in
   29  which an applicant can demonstrate to the  satisfaction  of  the  corpo-
   30  ration that an existing facility is unavailable in the area to be served
   31  by the new incubator facility.
   32    (d)  Incubator  projects  are  not  eligible  to receive loans for the
   33  purpose of covering  operating  costs  or  supplying  incubator  support
   34  services, except that incubators in their first eighteen months of oper-
   35  ation  may receive one-time grants not to exceed forty thousand dollars,
   36  which costs may include administrative costs  of  employing  a  resident
   37  administrator/advisor  to  the  incubator, provided that the corporation
   38  shall not expend a sum greater than two hundred fifty  thousand  dollars
   39  in  any  one state fiscal year, or so much as may be specifically appro-
   40  priated for this purpose.
   41    (e) Eligible incubator projects shall be required  to  demonstrate  to
   42  the corporation's satisfaction:
   43    (i)  public  or private support and involvement sufficient to complete
   44  the renovation of existing facilities or the construction of new facili-
   45  ties and the acquisition of equipment;
   46    (ii) significant community support for the project;
   47    (iii) the existence of prospective tenants for such incubator space;
   48    (iv) demand for such incubator space, which may  include  evidence  of
   49  the  unavailability  of suitable space for prospective tenants at appro-
   50  priate rental or lease costs in the community in which such  prospective
   51  tenants are located; and
   52    (v) the inability of the project to occur without financial assistance
   53  from the corporation.
   54    (f) The corporation shall establish criteria for eligibility for fund-
   55  ing for incubator projects, including but not limited to the following:
       S. 6025                            28
    1    (i) the project must be designed to provide low-cost space and support
    2  services  to  incubator  tenants,  coordination  with  other  sources of
    3  assistance and flexible leasing arrangements for tenants;
    4    (ii)  the  project sponsors must provide a management plan and a busi-
    5  ness plan for operating the incubator satisfactory to  the  corporation;
    6  and
    7    (iii)  the project gives preference for incubator space and assistance
    8  to [minority-] MINORITY, HONORABLY DISCHARGED  VETERAN  and  women-owned
    9  businesses  which  currently  receive, or have received, assistance from
   10  the corporation pursuant to  this  section  and  to  incubator  projects
   11  proposed to be located in economically distressed areas.
   12    (8) [Minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
   13  business  technical assistance program. (a) The corporation shall estab-
   14  lish a comprehensive technical assistance program within  the  minority,
   15  HONORABLY  DISCHARGED  VETERAN and women business development office, in
   16  cooperation with the department of economic  development's  division  of
   17  [minority-]  MINORITY,  HONORABLY  DISCHARGED VETERAN and women-business
   18  development established pursuant to article [four-A] 4-A of the economic
   19  development law, to provide technical assistance to [minority-]  MINORI-
   20  TY,  HONORABLY  DISCHARGED  VETERAN and women-owned business enterprises
   21  and to prospective [minority-] MINORITY,  HONORABLY  DISCHARGED  VETERAN
   22  and  women-business entrepreneurs through third party service providers,
   23  which assistance shall include, but not be limited to:
   24    (i) technical assistance in  development  and  execution  of  business
   25  plans,  including  the  formation  of, acquisition of, management of, or
   26  diversification of a [minority-] MINORITY, HONORABLY DISCHARGED  VETERAN
   27  or women-owned business enterprise;
   28    (ii)  technical  assistance with applications for obtaining funds from
   29  public and private financing sources;
   30    (iii) technical assistance in the development  of  a  working  capital
   31  budget;
   32    (iv)  referrals to other providers of technical assistance to [minori-
   33  ty-] MINORITY, HONORABLY DISCHARGED VETERAN and  women-owned  businesses
   34  and  minority,  HONORABLY  DISCHARGED  VETERAN  and women entrepreneurs,
   35  where appropriate,  including  the  entrepreneurial  assistance  program
   36  established  pursuant  to  article  [nine] 9 of the economic development
   37  law; and
   38    (v) technical assistance through education programs directed primarily
   39  at women, HONORABLY DISCHARGED VETERAN and minority entrepreneurs.
   40    (b) Technical assistance may  be  provided  through  direct  corporate
   41  support,  through  grants  to  or  contracts  with  service providers or
   42  governmental entities, and [minority-]  MINORITY,  HONORABLY  DISCHARGED
   43  VETERAN and women-owned business enterprises and individuals.
   44    (9)  Priorities.  The  corporation shall give priority to applications
   45  for assistance pursuant to this section in which  the  business  seeking
   46  such  assistance indicates a commitment to first consider persons eligi-
   47  ble to participate in federal job training partnership act (P.L. 97-300)
   48  programs.
   49    (10) Non-application of certain provisions. The provisions of  section
   50  ten  and  subdivision two of section sixteen of this act shall not apply
   51  to assistance or projects authorized pursuant to this section.
   52    (11) Rules and regulations. The corporation  shall,  assisted  by  the
   53  commissioner  of  economic  development  and  in  consultation  with the
   54  department of economic development, promulgate rules and regulations  in
   55  accordance  with  the state administrative procedure act. Such rules and
   56  regulations shall be consistent with the program plan required by subdi-
       S. 6025                            29
    1  vision [nineteen] 19 of section [one hundred] 100 of the economic devel-
    2  opment law. No funds shall be disbursed under this  program  until  such
    3  rules  and  regulations  have  been  reviewed and approved by the corpo-
    4  ration.  All  assistance and projects funded under this program shall be
    5  funded in accordance with the rules and regulations  in  effect  on  the
    6  date  the completed application for such assistance shall be received by
    7  the corporation.
    8    (12) Minority, HONORABLY DISCHARGED VETERAN and women business  devel-
    9  opment and lending account.  Notwithstanding any provision of law to the
   10  contrary,  the  corporation  shall  establish within the treasury of the
   11  corporation a minority, HONORABLY DISCHARGED VETERAN and women  business
   12  development  and  lending  account,  and shall pay into such account any
   13  moneys which may be made available to the corporation for  this  purpose
   14  from  any  source  including, but not limited to, moneys appropriated by
   15  the state and any repayment of principal and interest on loans  made  by
   16  the   corporation   pursuant  to  the  [minority-]  MINORITY,  HONORABLY
   17  DISCHARGED VETERAN and  women-owned  business  development  and  lending
   18  program.  Funds  in the minority, HONORABLY DISCHARGED VETERAN and women
   19  business development and  lending  account,  including  funds  from  the
   20  repayment  of  principal  and interest on loans made by the corporation,
   21  may be used for any form of assistance authorized hereunder. The amounts
   22  deposited in the minority, HONORABLY DISCHARGED VETERAN and women  busi-
   23  ness  development  and  lending account may not be interchanged with any
   24  other account, but may be commingled with any other account for  invest-
   25  ment  purposes.  All  loans disbursed by the corporation shall be repaid
   26  into the account. The corporation shall enter into a  written  agreement
   27  with  the director of the budget for repayment, to the state comptroller
   28  to the credit of the capital projects fund, of all moneys in the account
   29  after a period of time to be  determined  by  the  corporation  and  the
   30  director of the budget.  The corporation shall transfer to the minority,
   31  HONORABLY  DISCHARGED VETERAN and women business development and lending
   32  account: all moneys appropriated or reappropriated by New York state for
   33  the minority, HONORABLY DISCHARGED  VETERAN  and  women  revolving  loan
   34  trust  fund  that have not been committed prior to the effective date of
   35  the appropriation for the program in the current fiscal year, or  become
   36  uncommitted  subsequent to the effective date of the program's appropri-
   37  ation for the current fiscal year; and all repayments of  principal  and
   38  interest on loans made by the corporation which are currently on deposit
   39  in,  or payable to, the minority, HONORABLY DISCHARGED VETERAN and women
   40  business development and lending account.
   41    (13) Standardization. The corporation shall streamline the review  and
   42  approval  process  for  projects  and  wherever possible standardize all
   43  relevant attendant documentation and legal documents.
   44    (14) Approval cycle. The corporation shall approve eligible  loans  or
   45  grants  on at least a four-month cycle and shall give priority consider-
   46  ation to the comparative degree of economic distress within the areas in
   47  which the project is located. Other factors  to  be  considered  by  the
   48  corporation  shall  include  the impact of the project on the employment
   49  and economic condition of the community and the financial feasibility of
   50  the project.
   51    (15) Repayment. Notwithstanding the provisions  of  section  [forty-a]
   52  40-A  of  the state finance law and any other general or special law, no
   53  written agreement under this program shall require repayment at any time
   54  or on any terms inconsistent with the provisions of this act or the  New
   55  York  state project finance agency act; except, however, that the corpo-
       S. 6025                            30
    1  ration may make grants to projects using  funds  appropriated  for  this
    2  purpose and that the repayment provision may not apply to such grants.
    3    (16)  Reports.  The  chairman  of  the corporation shall submit to the
    4  director of the budget, the speaker of the assembly  and  the  temporary
    5  president  of  the  senate  an  evaluation  of  the effectiveness of the
    6  program prepared by an entity independent of the corporation. The corpo-
    7  ration shall select the program evaluator through a request for proposal
    8  process. Such evaluation shall determine whether the assistance provided
    9  has enhanced the economic condition of assisted  companies  or  communi-
   10  ties,  and  shall  make recommendation for improvements which would make
   11  the program more  effective.  Such  evaluation  shall  be  submitted  by
   12  September  first, nineteen hundred ninety-five and September first every
   13  two years thereafter.
   14    S 30. Subparagraphs (viii) and (x) of paragraph (e) of  subdivision  7
   15  of section 16-d of section 1 of chapter 174 of the laws of 1968, consti-
   16  tuting the New York state urban development corporation act, as added by
   17  chapter 169 of the laws of 1994, are amended to read as follows:
   18    (viii) export, marketing, procurement and subcontracting assistance to
   19  small and medium-sized industrial firms, including [minority-] MINORITY,
   20  HONORABLY DISCHARGED VETERAN and women-owned businesses, and to flexible
   21  manufacturing networks, and programs to assist regional and multi-county
   22  business marketing and procurement programs;
   23    (x)  business  planning,  management  assistance  and  counseling, and
   24  financial packaging assistance  to  small  and  medium-sized  industrial
   25  firms,  including [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and
   26  women-owned businesses, flexible manufacturing networks, and new  enter-
   27  prises  and  small  businesses, including the establishment of neighbor-
   28  hood-based business service centers designed  to  deliver  comprehensive
   29  technical assistance to new and small businesses in specific communities
   30  and neighborhoods;
   31    S 31. Clause (B) of subparagraph (i) of paragraph (h) of subdivision 8
   32  of section 16-d of section 1 of chapter 174 of the laws of 1968, consti-
   33  tuting the New York state urban development corporation act, as added by
   34  chapter  169 of the laws of 1994 and as further amended by section 15 of
   35  part GG of chapter 63 of the  laws  of  2000,  is  amended  to  read  as
   36  follows:
   37    (B)  community based local development corporations, industrial devel-
   38  opment agencies, or other not-for-profit entities which serve a  munici-
   39  pality in which an empire zone has been established and which, as one of
   40  their  primary  purposes,  provide  services  and assistance to business
   41  enterprises located or to be located  in  such  empire  zone,  including
   42  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
   43  nesses;
   44    S  32. Subparagraph (vi) of paragraph (c) of subdivision 10 of section
   45  16-e of section 1 of chapter 174 of the laws of 1968,  constituting  the
   46  New  York  state  urban development corporation act, as added by chapter
   47  169 of the laws of 1994, is amended to read as follows:
   48    (vi) management and procurement assistance to small business,  includ-
   49  ing  [minority-]  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
   50  businesses;
   51    S 33. Paragraph (d) of subdivision 18 of section 16-e of section 1  of
   52  chapter  174  of the laws of 1968, constituting the New York state urban
   53  development corporation act, as added by chapter  169  of  the  laws  of
   54  1994, is amended to read as follows:
   55    (d)  The  participation  of [minority-] MINORITY, HONORABLY DISCHARGED
   56  VETERAN and women-owned businesses;
       S. 6025                            31
    1    S 34. The opening paragraph, paragraph (a) and the  opening  paragraph
    2  and  subparagraph (iv) of paragraph (b) of subdivision 1 of section 16-f
    3  of section 1 of chapter 174 of the laws of 1968,  constituting  the  New
    4  York state urban development corporation act, as added by chapter 169 of
    5  the laws of 1994, are amended to read as follows:
    6    There  is  hereby created a state bonding guarantee assistance program
    7  to enable small businesses, [and] minority-owned,  HONORABLY  DISCHARGED
    8  VETERAN-OWNED  and  women-owned  business  enterprises,  certified  as a
    9  minority-owned, HONORABLY DISCHARGED VETERAN-OWNED or women-owned  busi-
   10  ness  enterprise  pursuant  to article [fifteen-A] 15-A of the executive
   11  law, to meet payment and/or performance bonding requirements by  provid-
   12  ing  additional  financial  backing needed to induce a surety company to
   13  issue a bond for construction projects, including but  not  limited  to,
   14  government  sponsored, transportation related construction projects. For
   15  purposes of this section, the term small business shall  have  the  same
   16  meaning  as  defined  in  section  [one  hundred  thirty-one] 131 of the
   17  economic development law. Such program shall give preference to  minori-
   18  ty-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED and women-owned business
   19  enterprises and shall:
   20    (a) Make available funds to surety companies providing bonds to  small
   21  businesses  [and  minority- owned], MINORITY-OWNED, HONORABLY DISCHARGED
   22  VETERAN-OWNED or women-owned business enterprises in an amount equal  to
   23  a  percentage  not  to  exceed  fifty percent of the face value of bonds
   24  issued by the surety.
   25    Provide technical assistance in completing  bonding  applications  for
   26  small    businesses    [and],   minority-owned,   HONORABLY   DISCHARGED
   27  VETERAN-OWNED or women-owned  business  enterprises  seeking  to  become
   28  eligible   for  bonding  in  preparation  for  bidding  on  construction
   29  projects, including transportation  related  projects.  The  corporation
   30  shall provide and may refer such businesses to the department of econom-
   31  ic  development  for  technical  assistance as such businesses may need,
   32  including but not limited to:
   33    (iv) assistance from the regional offices of the department of econom-
   34  ic development, pursuant to article [eleven] 11 of the economic develop-
   35  ment law, and the entrepreneurial assistance program, pursuant to  arti-
   36  cle  [nine]  9  of  such law, and any other such program receiving state
   37  funds from this act or the department of  economic  development  or  any
   38  other  state  agency that is intended to provide technical assistance to
   39  small   businesses   [and],   minority-owned,    HONORABLY    DISCHARGED
   40  VETERAN-OWNED and women-owned small business enterprises.
   41    S  35.  Paragraph (g) of subdivision 1 of section 16-i of section 1 of
   42  chapter 174 of the laws of 1968, constituting the New York  state  urban
   43  development  corporation  act,  as amended by chapter 471 of the laws of
   44  2001, is amended to read as follows:
   45    (g) Assistance  to  local  or  regional  organizations  to  facilitate
   46  financing  for  small-  and medium-sized business, including [minority-]
   47  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
   48  prises  through  flexible financing programs, including, but not limited
   49  to, loan loss reserve  and  revolving  loan  programs,  working  capital
   50  loans,  working  capital  loan  guarantees,  or other flexible financing
   51  programs that leverage traditional financing;
   52    S 36. Subparagraph (i) of paragraph (c) of subdivision  2  of  section
   53  16-k  of  section 1 of chapter 174 of the laws of 1968, constituting the
   54  New York state urban development corporation act, as amended by  chapter
   55  103 of the laws of 2011, is amended to read as follows:
       S. 6025                            32
    1    (i)  provide  a plan to the corporation or its agent for the marketing
    2  of the capital access program to small businesses,  including  those  in
    3  highly   distressed   areas   and  to  [minority-]  MINORITY,  HONORABLY
    4  DISCHARGED VETERAN and women-owned businesses, with appropriate  lending
    5  objectives  identified  by  the financial institution for such areas and
    6  businesses;
    7    S 37. Paragraph (g) of subdivision 1 of section 16-m of section  1  of
    8  chapter  174  of the laws of 1968, constituting the New York state urban
    9  development corporation act, as added by section 1 of part N of  chapter
   10  84 of the laws of 2002, is amended to read as follows:
   11    (g)  Assistance  to  local  or  regional  organizations  to facilitate
   12  financing for small- and medium-sized  business,  including  [minority-]
   13  MINORITY,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
   14  prises through flexible financing programs, including, but  not  limited
   15  to,  loan  loss  reserve  and  revolving  loan programs, working capital
   16  loans, working capital loan  guarantees,  or  other  flexible  financing
   17  programs that leverage traditional financing;
   18    S  38.  Paragraph  1  of subdivision (c) of section 30 of section 1 of
   19  chapter 174 of the laws of 1968, constituting the New York  state  urban
   20  development  corporation  act,  as amended by chapter 732 of the laws of
   21  1990, is amended to read as follows:
   22    (1) In addition to any other requirements imposed by the act or other-
   23  wise regarding evaluations of programs administered by the  corporation,
   24  each  evaluation shall include an analysis of the job creation effect of
   25  such program, the number of small businesses that  received  assistance,
   26  the  number  of  minority,  HONORABLY DISCHARGED VETERAN and women-owned
   27  firms that received assistance, the number  of  projects  undertaken  in
   28  distressed  and  highly  distressed communities, and, if applicable, the
   29  repayment experience of borrowers of funds from the corporation.
   30    S 39. Paragraph 2 of subdivision (e) of section 30-a of section  1  of
   31  chapter  174  of the laws of 1968, constituting the New York state urban
   32  development corporation act, as added by section 2 of part M1 of chapter
   33  62 of the laws of 2003, is amended to read as follows:
   34    (2) require projects to be financed out of the empire  state  economic
   35  development fund be approved generally in amounts which are proportional
   36  to amounts appropriated for the urban and community development program,
   37  and  the minority, HONORABLY DISCHARGED VETERAN and women-owned business
   38  development and lending program;
   39    S 40. The section heading, the opening paragraph of subdivision 1, the
   40  opening paragraph of subdivision 2, paragraph (a) of subdivision  3  and
   41  subdivisions  4  and  5 of section 38 of section 1 of chapter 174 of the
   42  laws of 1968, constituting the New York state urban  development  corpo-
   43  ration  act,  as amended by chapter 169 of the laws of 1994, are amended
   44  to read as follows:
   45    Small   business   [and],   minority-owned,    HONORABLY    DISCHARGED
   46  VETERAN-OWNED  and women-owned business enterprises transportation capi-
   47  tal assistance and guaranteed loan program.
   48    To provide financial assistance to  small  business  [and],  minority-
   49  owned,  HONORABLY  DISCHARGED  VETERAN-OWNED  and  women-owned  business
   50  enterprises engaged  in  government  sponsored,  transportation  related
   51  construction  projects, the corporation shall establish a small business
   52  [and], minority-owned, HONORABLY  DISCHARGED  VETERAN-OWNED  and  women-
   53  owned  business  enterprise  transportation capital assistance revolving
   54  loan fund which shall provide loans or loan guarantees to small business
   55  [and], minority-owned, HONORABLY  DISCHARGED  VETERAN-OWNED  and  women-
   56  owned business enterprises.  For purposes of this section:
       S. 6025                            33
    1    Such  loans,  or loan guarantees for loans made by federally and state
    2  chartered credit institutions,  financial  institutions,  and  federally
    3  insured  banking  organizations to small business [and], minority-owned,
    4  HONORABLY DISCHARGED VETERAN-OWNED and women-owned business enterprises,
    5  shall be used to:
    6    (a)  To  be eligible for such loans or loan guarantees (i) a minority-
    7  owned, HONORABLY DISCHARGED VETERAN-OWNED or women-owned business enter-
    8  prise must be certified as a minority-owned, HONORABLY DISCHARGED VETER-
    9  AN-OWNED or women-owned business enterprise pursuant to article 15-A  of
   10  the executive law; and (ii) a small business or a minority-owned, HONOR-
   11  ABLY  DISCHARGED  VETERAN-OWNED or women-owned business enterprise shall
   12  have a contract or sub-contract to provide goods or services related  to
   13  a government sponsored, transportation related construction project.
   14    4.  The corporation shall give preference to minority-owned, HONORABLY
   15  DISCHARGED VETERAN-OWNED and women-owned business enterprises in  making
   16  such  loans  and loan guarantees and shall establish such other criteria
   17  as it may deem necessary for this program and for  any  required  amount
   18  that  shall  be  held  in  reserve  for  any  guarantees made under this
   19  program.
   20    5. Notwithstanding any inconsistent provision of law, general, special
   21  or local, including pursuant to capital projects  budget  appropriations
   22  or reappropriations, where applicable, the corporation is hereby author-
   23  ized to enter into such agreements as may be necessary for the operation
   24  and  administration of a small business [and], minority-owned, HONORABLY
   25  DISCHARGED VETERAN-OWNED and women-owned business enterprises  transpor-
   26  tation capital assistance and guaranteed loan program.
   27    S  41. This act shall take effect immediately; provided, however, that
   28  the amendments to article 15-A of the executive law made by sections two
   29  through six of this act shall not affect the expiration of such  article
   30  and  shall be deemed to expire therewith; and provided, further that the
   31  amendments to section 136-b of the state finance  law  made  by  section
   32  seven  of  this  act shall not affect the expiration of such section and
   33  shall be deemed to expire  therewith;  and  provided  further  that  the
   34  amendments  to sections 16-i and 16-m of section 1 of chapter 174 of the
   35  laws of 1968, constituting the New York state urban  development  corpo-
   36  ration act, made by sections thirty-five and thirty-seven, respectively,
   37  of  this act shall not affect the expirations of such sections and shall
   38  be deemed to expire therewith.