A01567 Summary:

BILL NO    A01567A

SAME AS    SAME AS S06940

SPONSOR    Kolb (MS)

COSPNSR    Oaks, Palmesano, Stec

MLTSPNSR   Butler

Add Art 22 S450, Ec Dev L

Establishes the GrowNY pilot program, an economic gardening pilot program
within the department of economic development to stimulate investment in the
state economy by providing technical assistance for expanding businesses in the
state.
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A01567 Actions:

BILL NO    A01567A

01/09/2013 referred to economic development
01/08/2014 referred to economic development
04/09/2014 amend and recommit to economic development
04/09/2014 print number 1567a
05/13/2014 held for consideration in economic development
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A01567 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                        1567--A

                              2013-2014 Regular Sessions

                                 I N  A S S E M B L Y

                                      (PREFILED)

                                    January 9, 2013
                                      ___________

       Introduced by M. of A. KOLB, OAKS, PALMESANO, STEC -- Multi-Sponsored by
         --  M.  of  A.    BUTLER -- read once and referred to the Committee on
         Economic Development --  recommitted  to  the  Committee  on  Economic
         Development  in  accordance  with Assembly Rule 3, sec. 2 -- committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee

       AN ACT to amend the economic development law, in relation to  establish-
         ing  an  economic  gardening  pilot  program  within the department of
         economic development

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section  1.  The  economic  development law is amended by adding a new
    2  article 22 to read as follows:
    3                                 ARTICLE 22
    4                               GROWNY PROGRAM
    5  SECTION 450. GROWNY PILOT PROGRAM.
    6    S 450. GROWNY PILOT PROGRAM. 1. (A) THERE IS HEREBY CREATED WITHIN THE
    7  DEPARTMENT THE GROWNY PILOT PROGRAM. THE PURPOSE OF THE PILOT PROGRAM IS
    8  TO STIMULATE INVESTMENT IN THE  STATE  ECONOMY  BY  PROVIDING  TECHNICAL
    9  ASSISTANCE FOR EXPANDING BUSINESSES IN THE STATE.
   10    (B) THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO PROMULGATE ALL NECES-
   11  SARY  RULES  AND  REGULATIONS  REQUIRED  TO  IMPLEMENT  THE GROWNY PILOT
   12  PROGRAM.
   13    2. (A) THE DEPARTMENT SHALL CONTRACT WITH REGIONAL NON-PROFIT ECONOMIC
   14  DEVELOPMENT ENTITIES TO ADMINISTER THE PILOT PROGRAM UNDER THIS SECTION.
   15  THE DEPARTMENT SHALL AWARD COMPETITIVE GRANTS  OF  UP  TO  FIVE  HUNDRED
   16  THOUSAND  DOLLARS A YEAR FOR A PERIOD OF UP TO FIVE YEARS TO EACH ENTITY
   17  THAT DEMONSTRATES THE ABILITY TO IMPLEMENT THE PILOT  PROGRAM  IN  THEIR
   18  REGION,  HAS AN OUTREACH PLAN, AND HAS THE ABILITY TO PROVIDE COUNSELING

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03323-02-4
       A. 1567--A                          2

    1  SERVICES, ACCESS TO TECHNOLOGY AND INFORMATION, MARKETING  SERVICES  AND
    2  ADVICE, BUSINESS MANAGEMENT SUPPORT, AND OTHER SIMILAR SERVICES.
    3    (B) CONTRACTS WITH SELECTED ECONOMIC DEVELOPMENT ENTITIES SHALL BE FOR
    4  A  PERIOD OF FIVE YEARS AND SHALL BE REEVALUATED BY THE DEPARTMENT EVERY
    5  TWELVE MONTHS TO ENSURE SUCH ENTITIES CONTINUE  TO  PROVIDE  A  POSITIVE
    6  ECONOMIC  BENEFIT  TO THE COMMUNITY AND CONFORM TO THE PROGRAM CRITERIA.
    7  CONTRACTED ENTITIES SHALL NOT LIMIT SERVICES OFFERED UNDER THIS  PROGRAM
    8  TO  MEMBERS  OF SUCH ENTITY AND SHALL SEEK TO PROVIDE ECONOMIC GARDENING
    9  SERVICES TO EVERY ELIGIBLE BUSINESS  THAT  MEETS  THE  CRITERIA  OF  THE
   10  PROGRAM.
   11    (C)  CONTRACTED ENTITIES SHALL COORDINATE THEIR EFFORTS WITH THE LOCAL
   12  NEW YORK STATE SMALL BUSINESS DEVELOPMENT CENTER OR OTHER LEAD  ECONOMIC
   13  DEVELOPMENT  ORGANIZATIONS  IN  COUNTIES AND CITIES WITHIN THE REGION OF
   14  THE CONTRACTED ENTITY AND SHALL ESTABLISH A REFERRAL SYSTEM AND LINKAGES
   15  TO EXISTING AREA SMALL BUSINESS ASSISTANCE PROGRAMS AND FINANCING SOURC-
   16  ES.
   17    3. A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM  SHALL  PROVIDE
   18  TECHNICAL  ASSISTANCE FOR ELIGIBLE BUSINESSES WHICH INCLUDES, BUT IS NOT
   19  LIMITED TO:
   20    (A) ACCESS TO AFFORDABLE INFORMATION SERVICES AND CONSULTING SERVICES,
   21  INCLUDING INFORMATION ON MARKETS, CUSTOMERS, AND  COMPETITORS,  BUSINESS
   22  DATABASES,  GEOGRAPHIC  INFORMATION  SYSTEMS,  INTERNET AND SOCIAL MEDIA
   23  STRATEGIES, BUSINESS TO BUSINESS REFERRALS, AND SEARCH ENGINE  OPTIMIZA-
   24  TION;
   25    (B)  DEVELOPMENT  OF  BUSINESS  CONNECTIONS, INCLUDING INTERACTION AND
   26  EXCHANGE  AMONG  BUSINESS  OWNERS  AND  RESOURCE  PROVIDERS,   INCLUDING
   27  COLLEGES  AND  UNIVERSITIES,  TRADE  ASSOCIATIONS, THINK TANKS, ACADEMIC
   28  INSTITUTIONS, BUSINESS  ROUNDTABLES,  FINANCIAL  SERVICE  AND  WORKFORCE
   29  DEVELOPMENT  PROVIDERS,  PEER-TO-PEER  LEARNING  SESSIONS, AND MENTORING
   30  PROGRAMS;
   31    (C) ASSISTANCE IN DEVELOPING A LISTING OF SHOVEL READY SITES CURRENTLY
   32  AVAILABLE TO THE NEEDS OF THE BUSINESS;
   33    (D) ASSISTANCE IN UNDERSTANDING STATE LAWS AND REGULATIONS  APPLICABLE
   34  TO SUCH BUSINESS;
   35    (E)  ANY  OTHER FORM OF CONSULTATION AND TECHNICAL ASSISTANCE THAT MAY
   36  BE PROVIDED TO THE ELIGIBLE BUSINESS TO ASSIST  WITH  ITS  BUSINESS  AND
   37  MARKETING NEEDS.
   38    4.  (A)  THIS PROGRAM SHALL BE TARGETED AT EMERGING GROWTH BUSINESSES,
   39  KNOWN AS SECOND STAGE COMPANIES. TO BE ELIGIBLE FOR ASSISTANCE UNDER THE
   40  PILOT PROGRAM, A BUSINESS MUST BE A FOR-PROFIT, PRIVATELY HELD  BUSINESS
   41  THAT  EMPLOYS  AT  LEAST  FIVE  PERSONS,  BUT  NOT MORE THAN NINETY-NINE
   42  PERSONS, HAS MAINTAINED ITS PRINCIPAL PLACE OF BUSINESS IN THE STATE FOR
   43  AT LEAST THE PREVIOUS TWO YEARS, AND GENERATES AT  LEAST  SEVEN  HUNDRED
   44  FIFTY  THOUSAND  DOLLARS,  BUT  NOT  MORE THAN FIFTY MILLION DOLLARS, IN
   45  ANNUAL REVENUE. THE  COMMISSIONER  SHALL  HAVE  THE  AUTHORITY  TO  MAKE
   46  EXCEPTIONS TO THESE PROVISIONS AT HIS OR HER SOLE DISCRETION.
   47    (B)  A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM, IN SELECTING
   48  THE ELIGIBLE BUSINESSES TO RECEIVE ASSISTANCE, SHALL ACTIVELY REACH  OUT
   49  TO  BUSINESSES  IN  MORE  THAN  ONE INDUSTRY CLUSTER AND, TO THE MAXIMUM
   50  EXTENT PRACTICABLE, SHALL  CHOOSE  BUSINESSES  THAT  ARE  GEOGRAPHICALLY
   51  DISTRIBUTED  THROUGHOUT  THE  REGION WITH THE GREATEST POTENTIAL FOR JOB
   52  GROWTH.
   53    5. (A) A BUSINESS RECEIVING ASSISTANCE UNDER THE  PILOT  PROGRAM  MUST
   54  ENTER  INTO  AN  AGREEMENT  WITH THE CONTRACTED ENTITY ADMINISTERING THE
   55  PROGRAM TO ESTABLISH THE BUSINESS' COMMITMENT TO  PARTICIPATION  IN  THE
       A. 1567--A                          3

    1  PILOT  PROGRAM.  THE  ARRANGEMENT  MUST  REQUIRE, AT A MINIMUM, THAT THE
    2  BUSINESS:
    3    (I)  ATTEND  A MINIMUM NUMBER OF MEETINGS BETWEEN THE BUSINESS AND THE
    4  CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM. SUCH  MEETINGS  SHALL
    5  BE HELD AT THE CONVENIENCE OF THE BUSINESS;
    6    (II)  REPORT  INVESTMENT, REVENUE, AND JOB CREATION AND RETENTION DATA
    7  IN THE MANNER PRESCRIBED BY  THE  CONTRACTED  ENTITY  ADMINISTERING  THE
    8  PILOT PROGRAM; AND
    9    (III)  PROVIDE NON-PROPRIETARY FINANCIAL DATA IN THE MANNER PRESCRIBED
   10  BY THE CONTRACTED ENTITY ADMINISTERING THE PROGRAM.
   11    (B)  THE  REGIONAL  NON-PROFIT  ECONOMIC  DEVELOPMENT  ENTITY  OR  THE
   12  CONTRACTED  ENTITY  ADMINISTERING  THE  PILOT  PROGRAM  SHALL REPORT THE
   13  INFORMATION TO THE DEPARTMENT ON AN ANNUAL BASIS.
   14    6. A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM  IS  AUTHORIZED
   15  TO PROMOTE THE GENERAL BUSINESS INTERESTS OR INDUSTRIAL INTERESTS OF THE
   16  STATE.
   17    7.  THE  DEPARTMENT SHALL REVIEW THE PROGRESS OF THE CONTRACTED ENTITY
   18  ADMINISTERING THE PILOT PROGRAM AT LEAST ONCE EVERY  TWELVE  MONTHS  AND
   19  SHALL DETERMINE WHETHER THE CONTRACTED ENTITY IS MEETING ITS CONTRACTUAL
   20  OBLIGATIONS  FOR  ADMINISTERING  THE  PILOT  PROGRAM. THE DEPARTMENT MAY
   21  TERMINATE AND REBID A CONTRACT IF THE CONTRACTED ENTITY  DOES  NOT  MEET
   22  ITS CONTRACTUAL OBLIGATIONS.
   23    8.  BY MARCH THIRTY-FIRST, TWO THOUSAND FIFTEEN AND ANNUALLY THEREAFT-
   24  ER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVERNOR, THE  TEMPORARY
   25  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
   26  ER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY WHICH DESCRIBES
   27  IN  DETAIL  THE  PROGRESS  OF THE GROWNY PILOT PROGRAM. THE REPORT SHALL
   28  INCLUDE, BUT IS NOT LIMITED  TO,  THE  NUMBER  OF  BUSINESSES  RECEIVING
   29  ASSISTANCE,  THE NUMBER OF FULL-TIME EQUIVALENT JOBS CREATED OR RETAINED
   30  AS A RESULT OF THE ASSISTANCE, IF ANY, AND THE AGGREGATE AMOUNT OF WAGES
   31  PAID TO SUCH EMPLOYEES.
   32    S 2. This act shall take effect immediately.
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