A. 6240 2
ly contained within a Part identified as Parts A through G. The effec-
tive date for each particular provision contained within such Part is
set forth in the last section of such Part. Any provision in any section
contained within a Part, including the effective date of the Part, which
makes reference to a section "of this act", when used in connection with
that particular component, shall be deemed to mean and refer to the
corresponding section of the Part in which it is found. Section three of
this act sets forth the general effective date of this act.
PART A
Section 1. The department of state is hereby directed to establish an
internet listserve where individuals can sign-up on-line to receive an
electronic notice of any new, revised or emergency rule or regulation
proposed in New York. The department of state shall require that any
new, revised or emergency rule or regulation proposal be submitted to
the department of state by electronic means, and shall provide for Rules
Tracker variables, thereby allowing interested persons to receive the
updates related to the issues of their concern. The department of state
shall provide notice to any individual that may be removed from the
listserve or mailing list.
S 2. This act shall take effect immediately.
PART B
Section 1. The state administrative procedure act is amended by adding
a new section 105 to read as follows:
S 105. INTERNET ACCESS TO THE STATE REGISTER. THE SECRETARY OF STATE
SHALL REQUIRE AGENCY INTERNET HOME PAGES TO MAINTAIN A LINK TO THE STATE
REGISTER. THE SECRETARY OF STATE MAY ADOPT REGULATIONS TO IMPLEMENT THE
PROVISIONS OF THIS SECTION.
S 2. This act shall take effect immediately.
PART C
Section 1. Article 39 of the executive law is REPEALED and a new arti-
cle 39 is added to read as follows:
ARTICLE 39
GOVERNOR'S OFFICE OF REGULATORY REFORM
SECTION 875. DEFINITIONS.
876. GOVERNOR'S OFFICE OF REGULATORY REFORM.
877. GENERAL FUNCTIONS, POWERS AND DUTIES.
878. ASSISTANCE OF OTHER STATE AGENCIES.
879. PERMIT INFORMATION.
880. MASTER APPLICATION INFORMATION REQUEST PROCEDURE.
881. PRE-PERMIT APPLICATION CONFERENCES.
882. EXPEDITED PERMIT DETERMINATION PROCESS.
883. PERMIT AUTHORITY RETAINED.
884. REGULATION REVIEW.
885. FEDERAL AND LOCAL GOVERNMENT PARTICIPATION.
S 875. DEFINITIONS. WHEN USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
1. "OFFICE" MEANS THE GOVERNOR'S OFFICE OF REGULATORY REFORM CREATED
BY THIS ARTICLE.
A. 6240 3
2. "DIRECTOR" MEANS THE DIRECTOR OF THE GOVERNOR'S OFFICE OF REGULATO-
RY REFORM.
3. "STATE AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION,
DIVISION, OFFICE, COUNCIL, COMMITTEE OR AGENCY OF THE STATE, OR A PUBLIC
BENEFIT CORPORATION OR PUBLIC AUTHORITY AT LEAST ONE OF WHOSE MEMBERS IS
APPOINTED BY THE GOVERNOR.
4. "PERMIT" SHALL MEAN THE WHOLE OR PART OF ANY STATE AGENCY PERMIT,
LICENSE, CERTIFICATE, APPROVAL, REGISTRATION, CHARTER, OR SIMILAR FORM
OF PERMISSION OR AUTHORITY REQUIRED BY LAW OR BY STATE AGENCY RULES
HAVING THE FORCE AND EFFECT OF LAW, WHICH IS REQUIRED FOR A BUSINESS
UNDERTAKING, PROJECT OR ACTIVITY; PROVIDED, HOWEVER, IT SHALL NOT MEAN
INDIVIDUAL LICENSES FOR PRACTICING A PROFESSION PRESCRIBED IN TITLE
EIGHT OF THE EDUCATION LAW, FILINGS UNDER THE UNIFORM COMMERCIAL CODE,
OR ROUTINE LICENSES AND PERMITS FOR INDIVIDUAL PRIVILEGES, INCLUDING
LICENSES FOR OPERATING A MOTOR VEHICLE AND AMATEUR SPORTING LICENSES,
SUCH AS FOR HUNTING AND FISHING.
5. "PERSON" MEANS ANY INDIVIDUAL, PROPRIETORSHIP, PARTNERSHIP, LIMITED
LIABILITY COMPANY, ASSOCIATION, SOCIETY, COOPERATIVE, JOINT STOCK CORPO-
RATION, CORPORATION, NONPROFIT ORGANIZATION, JOINT VENTURE, ENTERPRISE,
STATE OR LOCAL GOVERNMENT AGENCY, AND ANY OTHER ORGANIZATION OR ENTITY.
6. "APPLICANT" MEANS ANY PERSON ACTING ON HIS OR HER BEHALF OR AUTHOR-
IZED TO ACT ON BEHALF OF ANY OTHER PERSON FOR THE PURPOSE OF SECURING A
PERMIT.
7. "RULE" MEANS A RULE AS DEFINED IN SUBPARAGRAPH (I) OF PARAGRAPH (A)
OF SUBDIVISION TWO OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, INCLUDING RULES OF THE WORKERS' COMPENSATION BOARD,
BUT DOES NOT INCLUDE THE RULES OF THE STATE COMPTROLLER OR ATTORNEY
GENERAL, RULES REGARDING JURISDICTIONAL CLASSIFICATIONS PURSUANT TO
SUBDIVISION ONE OF SECTION SIX OF THE CIVIL SERVICE LAW, AND THE ALTER-
ATION OF HUNTING OR FISHING SEASONS PURSUANT TO ARTICLE ELEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW.
8. "SIGNIFICANT ECONOMIC DEVELOPMENT PROJECT" MEANS A BUSINESS
PROJECT, INCLUDING A NONPROFIT UNDERTAKING, IN NEW YORK STATE THAT WILL
CREATE (A) AT LEAST ONE HUNDRED JOBS, OR (B) AT LEAST FIFTY JOBS IF
LOCATED IN A RURAL AREA AS DEFINED BY SUBDIVISION SEVEN OF SECTION FOUR
HUNDRED EIGHTY-ONE OF THIS CHAPTER, (C) AT LEAST TWENTY-FIVE JOBS, UPON
THE REQUEST OF THE GOVERNING BODY OF THE COUNTY, CITY, TOWN OR VILLAGE
IN WHICH THE PROJECT IS TO BE LOCATED, TO BE DETERMINED ON A CASE BY
CASE BASIS PURSUANT TO CRITERIA ESTABLISHED BY THE DEPARTMENT OF ECONOM-
IC DEVELOPMENT, OR (D) A HIGH-TECH INITIATIVE AS DETERMINED BY THE
DEPARTMENT OF ECONOMIC DEVELOPMENT; PROVIDED, HOWEVER, THAT SUCH TERM
SHALL NOT INCLUDE A PROJECT FUNDED AND OPERATED BY ONE OR MORE COUNTIES,
CITIES, TOWNS OR VILLAGES.
S 876. GOVERNOR'S OFFICE OF REGULATORY REFORM. 1. THERE IS HEREBY
CREATED IN THE EXECUTIVE DEPARTMENT THE GOVERNOR'S OFFICE OF REGULATORY
REFORM. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR OF REGULATORY
REFORM WHO SHALL BE APPOINTED BY THE GOVERNOR AND WHO SHALL HOLD OFFICE
AT THE PLEASURE OF THE GOVERNOR.
2. THE DIRECTOR SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
GOVERNOR WITHIN THE AMOUNT MADE AVAILABLE THEREFOR BY APPROPRIATION AND
SHALL BE ALLOWED HIS OR HER ACTUAL AND NECESSARY EXPENSES IN THE
PERFORMANCE OF HIS OR HER DUTIES.
3. THE DIRECTOR SHALL DIRECT THE WORK OF THE OFFICE AND SHALL BE THE
CHIEF EXECUTIVE OFFICER OF THE OFFICE. THE DIRECTOR MAY ENTER INTO
CONTRACTS AND EXPEND MONEY, AND APPOINT SUCH OFFICERS AND EMPLOYEES AS
HE OR SHE MAY DEEM NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR COMPEN-
A. 6240 4
SATION, AND PROVIDE FOR THE REIMBURSEMENT OF THEIR EXPENSES, ALL WITHIN
AMOUNTS MADE AVAILABLE THEREFOR BY APPROPRIATION.
4. THE DIRECTOR SHALL REPORT TO THE GOVERNOR ON THE ACTIVITIES OF THE
OFFICE TO ENSURE THEIR CONSISTENCY WITH THE OVERALL POLICIES OF THE
STATE.
S 877. GENERAL FUNCTIONS, POWERS AND DUTIES. THE GOVERNOR'S OFFICE OF
REGULATORY REFORM, BY AND THROUGH THE DIRECTOR OR HIS OR HER DULY
AUTHORIZED OFFICERS AND EMPLOYEES, SHALL HAVE THE FOLLOWING FUNCTIONS,
POWERS AND DUTIES:
1. TO PROVIDE COMPREHENSIVE INFORMATION ON PERMITS REQUIRED FOR BUSI-
NESS UNDERTAKINGS, PROJECTS AND ACTIVITIES IN THE STATE, AND TO MAKE
SUCH INFORMATION AVAILABLE TO APPLICANTS AND GENERALLY TO ANY PERSON
AND POST SUCH INFORMATION ON THE OFFICE'S PUBLIC WEB SITE.
2. TO PROVIDE AN OVERSIGHT, REVIEW AND ANALYSIS OF THE RULES AND REGU-
LATORY PROCESSES OF STATE AGENCIES.
3. TO ASSIST APPLICANTS IN OBTAINING TIMELY AND EFFICIENT PERMIT
REVIEW AND THE RESOLUTION OF ISSUES ARISING THEREFROM.
4. TO ENCOURAGE AND FACILITATE THE PARTICIPATION OF FEDERAL AND LOCAL
GOVERNMENT AGENCIES IN PERMIT COORDINATION AND REGULATORY REVIEW.
5. TO CONDUCT OR CAUSE TO BE CONDUCTED ON AN ONGOING BASIS A THOROUGH
REVIEW OF PERMIT REQUIREMENTS AND THE NEED BY THE STATE TO REQUIRE SUCH
PERMITS. THE OFFICE SHALL DRAW, IN SUCH REVIEW, ON ITS DIRECT EXPERI-
ENCE AND ITS STATISTICAL ANALYSES TO MAKE RECOMMENDATIONS FROM TIME TO
TIME AND ENCOURAGE APPROPRIATE AGENCIES TO ELIMINATE, CONSOLIDATE,
SIMPLIFY, EXPEDITE, OR OTHERWISE IMPROVE PERMITS, PERMIT PROCEDURES, AND
PAPERWORK BURDENS AFFECTING BUSINESS AND LOCAL GOVERNMENT UNDERTAKINGS,
PROJECTS AND ACTIVITIES. THE OFFICE SHALL PROVIDE SUCH RECOMMENDATIONS
TO THE GOVERNOR AND THE APPROPRIATE AGENCIES.
6. TO MONITOR AGENCY COMPLIANCE WITH SECTION TWO HUNDRED SEVEN OF THE
STATE ADMINISTRATIVE PROCEDURE ACT AND TO MAKE RECOMMENDATIONS TO SUCH
AGENCIES FOR IMPROVING SUCH COMPLIANCE.
7. TO ENTERTAIN REQUESTS FOR AND TO ISSUE ADVISORY OPINIONS REGARDING
WHETHER ANY ACTION TAKEN BY AN AGENCY SHOULD BE TAKEN PURSUANT TO A
RULE.
8. TO CREATE, MAINTAIN, AND OPERATE, IN COOPERATION WITH THE SECRETARY
OF STATE, AN ON-LINE PERMIT ASSISTANCE PROGRAM, WHICH SHALL PROVIDE A
SINGLE SOURCE FOR ANY BUSINESS PERMITS REQUIRED BY ANY AGENCY OF THE
STATE OF NEW YORK VIA THE INTERNET.
9. THE DIRECTOR, IN COOPERATION WITH THE COMMISSIONER OF ECONOMIC
DEVELOPMENT, SHALL ESTABLISH A DEMONSTRATION "511" INFORMATION SERVICE
TO PROVIDE SMALL BUSINESSES WITH ONE CONTACT NUMBER TO DIRECT QUESTIONS
AND TO PROVIDE ASSISTANCE TO SMALL BUSINESSES LOOKING TO OPEN OR EXPAND
IN NEW YORK STATE.
10. TO ADOPT SUCH RULES AND REGULATIONS, PROCEDURES, INSTRUCTIONS, AND
FORMS AS ARE NECESSARY OR DESIRABLE TO CARRY OUT THE FUNCTIONS, POWERS,
AND DUTIES IMPOSED UPON THE OFFICE BY THIS ARTICLE.
S 878. ASSISTANCE OF OTHER STATE AGENCIES. TO EFFECTUATE THE PURPOSES
OF THIS ARTICLE, THE DIRECTOR MAY REQUEST AND SHALL BE ENTITLED TO
RECEIVE FROM ANY STATE AGENCY, AND THE SAME ARE AUTHORIZED TO PROVIDE,
SUCH ASSISTANCE, SERVICES, FACILITIES, AND DATA AS WILL ENABLE THE
OFFICE TO CARRY OUT ITS FUNCTIONS, POWERS AND DUTIES.
S 879. PERMIT INFORMATION. 1. WITHIN NINETY DAYS FROM THE EFFECTIVE
DATE OF THIS ARTICLE, EACH STATE AGENCY REQUIRED TO REVIEW, APPROVE OR
GRANT PERMITS FOR BUSINESS UNDERTAKINGS, PROJECTS AND ACTIVITIES SHALL
ENSURE THAT THE OFFICE IS IN POSSESSION OF INFORMATION CONCERNING EACH
TYPE OF PERMIT ADMINISTERED BY THE STATE AGENCY. THE INFORMATION SHALL
A. 6240 5
INCLUDE APPLICATION FORMS, APPLICABLE AGENCY RULES, ANY FEES AND CHARGES
IMPOSED, THE ESTIMATED TIME PERIODS NECESSARY FOR PERMIT APPLICATION
CONSIDERATION AND APPROVAL BASED ON EXPERIENCE AND STATUTORY OR REGULA-
TORY REQUIREMENTS, AND SUCH OTHER RELEVANT INFORMATION AS THE OFFICE MAY
REQUIRE.
2. EACH STATE AGENCY SHALL UPDATE AS NECESSARY THE INFORMATION
PROVIDED PURSUANT TO SUBDIVISION ONE OF THIS SECTION AND SHALL, WITHIN
THIRTY DAYS OF THE CREATION OF ANY NEW OR MODIFIED PERMIT, PROVIDE THE
INFORMATION REQUIRED BY SUCH SUBDIVISION FOR SUCH NEW OR MODIFIED
PERMIT.
3. THE OFFICE SHALL COMPILE THE INFORMATION ON STATE AGENCY PERMIT
REQUIREMENTS RECEIVED PURSUANT TO SUBDIVISIONS ONE AND TWO OF THIS
SECTION AND SHALL DEVELOP METHODS FOR ITS MAINTENANCE, REVISION, UPDAT-
ING AND READY ACCESS.
4. THE OFFICE SHALL PROVIDE PERMIT INFORMATION TO APPLICANTS BASED ON
THE FOREGOING. THE OFFICE MAY PREPARE AND DISTRIBUTE PUBLICATIONS,
GUIDES, AND OTHER MATERIALS THAT WILL ASSIST PERMIT APPLICANTS AND
EXPLAIN PERMIT REQUIREMENTS AFFECTING BUSINESS UNDERTAKINGS, PROJECTS
AND ACTIVITIES, INCLUDING REQUIREMENTS HAVING MULTIPLE PERMIT OR MULTI-
PLE STATE AGENCY ASPECTS.
5. EACH STATE AGENCY HAVING JURISDICTION OF ANY PERMIT SHALL DESIGNATE
ONE OR MORE OFFICERS OR EMPLOYEES KNOWLEDGEABLE ABOUT ITS PERMITTING
PROGRAMS TO ACT AS PERMIT LIAISON OFFICER TO COOPERATE WITH THE OFFICE
IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE.
S 880. MASTER APPLICATION INFORMATION REQUEST PROCEDURE. 1. THE OFFICE
MAY DEVELOP AND IMPLEMENT A MASTER APPLICATION INFORMATION REQUEST
PROCEDURE TO ASSIST WITH IDENTIFYING PERMITS NECESSARY FOR BUSINESS
UNDERTAKINGS, PROJECTS AND ACTIVITIES. A MASTER APPLICATION INFORMATION
REQUEST SHALL BE MADE IN SUCH FORM AND MANNER AS PRESCRIBED BY THE
OFFICE, TO BE DESIGNED PRIMARILY FOR THE CONVENIENCE OF APPLICANTS
CONFRONTING REQUIREMENTS FOR MULTIPLE PERMITS FROM ONE OR MORE STATE
AGENCIES, AND SHALL PROVIDE FOR CONCISE AND SPECIFIC INFORMATION NECES-
SARY TO A DETERMINATION OF THOSE PERMITS WHICH ARE OR MAY BE REQUIRED
FOR THE UNDERTAKING, PROJECT OR ACTIVITY.
2. THE OFFICE MAY OFFER THE USE OF THE MASTER APPLICATION INFORMATION
REQUEST PROCEDURE IN ITS DISCRETION TO ANY PERSON PROPOSING A BUSINESS
UNDERTAKING, PROJECT OR ACTIVITY WHICH MAY REQUIRE MULTIPLE PERMITS,
WHICH WILL TAKE PLACE IN PHASES OVER AN EXTENDED PERIOD OR WHICH WILL
INVOLVE SUBSTANTIAL EXPENSE FOR PREPARING DETAILED PLANS, SPECIFICATIONS
AND PERMIT APPLICATIONS. THE OFFICE MAY ASSIST ANY PERSON IN PREPARING A
MASTER APPLICATION INFORMATION REQUEST, DESCRIBE THE PROCEDURES
INVOLVED, AND PROVIDE SUCH OTHER INFORMATION FROM THE PERMIT INFORMATION
FILE AS MAY BE HELPFUL OR NECESSARY.
3. UPON ACCEPTANCE OF A COMPLETE MASTER APPLICATION INFORMATION
REQUEST, THE OFFICE SHALL IMMEDIATELY NOTIFY EACH STATE AGENCY HAVING A
POSSIBLE INTEREST IN THE PROPOSED BUSINESS UNDERTAKING, PROJECT OR
ACTIVITY WITH RESPECT TO PERMITS WHICH ARE OR MAY BE REQUIRED.
4. EACH STATE AGENCY SO NOTIFIED SHALL RESPOND TO THE OFFICE WITHIN
FIFTEEN BUSINESS DAYS OF RECEIPT OF THE NOTICE AND SHALL ADVISE THE
OFFICE WHETHER ONE OR MORE PERMITS UNDER ITS JURISDICTION ARE OR MAY BE
REQUIRED FOR THE BUSINESS UNDERTAKING, PROJECT OR ACTIVITY DESCRIBED IN
THE MASTER APPLICATION INFORMATION REQUEST. THE RESPONSE SHALL SPECIFY
THE PERMITS WHICH IN THE OPINION OF THE AGENCY ARE OR MAY BE REQUIRED,
INCLUDE ALL NECESSARY APPLICATION FORMS AND INSTRUCTIONS, INDICATE THE
FEES TO BE CHARGED, AND IDENTIFY ANY AREAS OF SIGNIFICANT CONCERN AND
A. 6240 6
THE NEED FOR ANY SPECIAL STUDIES OR REVIEWS WHICH MAY AFFECT THE PERMIT
DETERMINATION PROCESS.
5. THE OFFICE, FOLLOWING THE FIFTEEN BUSINESS DAY NOTICE AND RESPONSE
PERIOD, SHALL PROMPTLY PROVIDE THE PERSON WHO SUBMITTED THE MASTER
APPLICATION INFORMATION REQUEST WITH APPLICATION FORMS AND RELATED
INFORMATION FOR ALL PERMITS SPECIFIED BY THE INTERESTED STATE AGENCIES
AND SHALL ADVISE SUCH PERSON THAT ALL SUCH FORMS SHALL BE COMPLETED AND
SUBMITTED TO THE APPROPRIATE STATE AGENCIES.
6. AN APPLICANT MAY WITHDRAW A MASTER APPLICATION INFORMATION REQUEST
AT ANY TIME WITHOUT FORFEITURE OF ANY PERMIT APPROVAL APPLIED FOR OR
OBTAINED UNDER SUCH APPLICATION REQUEST.
S 881. PRE-PERMIT APPLICATION CONFERENCES. THE OFFICE MAY CONDUCT
CONFERENCES IN WHICH THE INTERESTED STATE AGENCIES SHALL PARTICIPATE TO
CLARIFY THE NATURE AND SCOPE OF THEIR INTEREST AND PROVIDE GUIDANCE TO A
PERMIT APPLICANT IN RELATION TO PERMIT APPLICATION REVIEW PROCESSES AND
TO COORDINATE AGENCY ACTIONS AND DATA COMPILATION OR SUBMISSION REGARD-
ING PERMIT REQUIREMENTS. OTHER STATE, FEDERAL AND LOCAL AGENCIES HAVING
RESPONSIBILITIES FOR BUSINESS PROMOTION AND REGULATION MAY PARTICIPATE
IN ANY SUCH CONFERENCE AT THE DISCRETION OF THE DIRECTOR.
S 882. EXPEDITED PERMIT DETERMINATION PROCESS. 1. THE OFFICE SHALL
ESTABLISH A PERMIT ASSISTANCE PROGRAM TO PROVIDE, AT THE REQUEST OF A
PERSON PROCEEDING IN ACCORDANCE WITH SECTION EIGHT HUNDRED EIGHTY OF
THIS ARTICLE, OR A SIGNIFICANT ECONOMIC DEVELOPMENT PROJECT CERTIFIED BY
THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO SUBDIVISION
FORTY-SEVEN OF SECTION ONE HUNDRED OF THE ECONOMIC DEVELOPMENT LAW.
2. IN PROVIDING SUCH PERMIT ASSISTANCE, THE DIRECTOR MAY DESIGNATE
OFFICERS OR EMPLOYEES OF THE OFFICE TO ACT AS EXPEDITED PERMIT ASSIST-
ANCE MANAGERS TO COORDINATE THE APPLICATION PROCEDURES OF THE INVOLVED
AGENCIES.
3. THE FOLLOWING STATE AGENCIES HAVING JURISDICTION OF ANY PERMITS TO
BE ISSUED TO A PROJECT CERTIFIED AS A SIGNIFICANT ECONOMIC DEVELOPMENT
PROJECT SHALL ESTABLISH PROCEDURES TO EXPEDITE PERMIT APPLICATIONS FOR
SUCH PROJECTS, AND SHALL FILE SUCH PROCEDURES WITH THE OFFICE NOT LATER
THAN NINETY DAYS FROM THE EFFECTIVE DATE OF THIS ARTICLE: THE ADIRONDACK
PARK AGENCY, THE DEPARTMENTS OF AGRICULTURE AND MARKETS, EDUCATION,
ENVIRONMENTAL CONSERVATION, HEALTH, LABOR, MOTOR VEHICLES, STATE, TRANS-
PORTATION, THE OFFICE OF PARKS, RECREATION AND HISTORIC PRESERVATION,
THE THRUWAY AUTHORITY AND ANY OTHER STATE AGENCY THAT THE OFFICE MAY
PRESCRIBE IN REGULATION AS APPROPRIATE TO EFFECTUATE THE PURPOSES OF
THIS SECTION. SUCH PROCEDURES SHALL INCLUDE, BUT NOT BE LIMITED TO, THE
CRITERIA THE AGENCY USES TO DETERMINE WHEN AN APPLICATION IS COMPLETE
AND PROVISIONS THAT REQUIRE THE AGENCY TO WORK WITH SUCH PROJECTS TO
ENSURE THAT PERMIT APPLICATIONS ARE COMPLETE WHEN SUBMITTED AND TO COOR-
DINATE ITS APPLICATION REQUIREMENTS AND PROCEDURES WITH THOSE OF OTHER
PERMITTING AGENCIES.
4. THE AGENCIES LISTED IN SUBDIVISION THREE OF THIS SECTION OR IN
REGULATIONS ADOPTED PURSUANT TO THE AUTHORITY OF SUCH SUBDIVISION SHALL
ENDEAVOR TO EXPEDITE FINAL DETERMINATIONS ON PERMIT APPLICATIONS FOR
PROJECTS CERTIFIED AS A SIGNIFICANT ECONOMIC DEVELOPMENT PROJECT AND
SHALL REPORT TO THE DIRECTOR AT HIS OR HER REQUEST REGARDING THEIR
PROGRESS IN CARRYING OUT THE PROVISIONS OF THIS SUBDIVISION.
5. THE DIRECTOR MAY REQUEST AND SHALL RECEIVE THE ASSISTANCE OF ANY
STATE AGENCY HAVING JURISDICTION OVER ANY BUSINESS PERMITS TO BE ISSUED
TO SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS IN DESIGNATING AN OFFICER
OR EMPLOYEE OF SUCH AGENCY TO COORDINATE AGENCY EFFORTS IN COOPERATION
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WITH THE OFFICE IN PROVIDING EXPEDITED PERMIT DETERMINATIONS FOR SUCH
PROJECTS.
6. AT THE OPTION OF THE GOVERNING BODY OF A COUNTY, CITY, TOWN OR
VILLAGE IN WHICH A CERTIFIED SIGNIFICANT ECONOMIC DEVELOPMENT PROJECT IS
TO BE LOCATED, THE OFFICE MAY ENTER INTO AN AGREEMENT TO ALLOW SOME OR
ALL LOCAL PERMITS TO BE INCLUDED IN THE EXPEDITED DETERMINATION PROCESS.
7. ANY APPLICATION, REQUEST, COMMUNICATION OR NOTIFICATION REQUIRED BY
THIS SECTION TO BE MADE IN WRITING MAY, NOTWITHSTANDING SUCH REQUIRE-
MENT, BE MADE BY ELECTRONIC OR OTHER NON-PAPER METHODS AS LONG AS SUCH
METHOD HAS BEEN MUTUALLY AGREED TO BY THE APPLICANT AND THE PERMITTING
AGENCY.
S 883. PERMIT AUTHORITY RETAINED. EACH STATE AGENCY HAVING JURISDIC-
TION TO APPROVE OR DENY A PERMIT SHALL CONTINUE TO HAVE THE POWER HERE-
TOFORE OR HEREAFTER VESTED IN IT TO MAKE SUCH DETERMINATIONS. THE
PROVISIONS OF THIS ARTICLE SHALL NOT LESSEN OR REDUCE SUCH POWERS AND
SHALL MODIFY THE PROCEDURES FOLLOWED IN CARRYING OUT SUCH POWERS ONLY TO
THE EXTENT PROVIDED HEREIN.
S 884. REGULATION REVIEW. 1. IN DEVELOPING A RULE, EACH AGENCY HEAD
SHALL, PRIOR TO SUBMITTING A NOTICE OF PROPOSED OR REVISED RULEMAKING
FOR PUBLICATION IN THE STATE REGISTER PURSUANT TO SECTION TWO HUNDRED
TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, SUBMIT TO THE DIRECTOR,
IN SUCH FORM AND MANNER AS THE DIRECTOR MAY PRESCRIBE, THE COMPLETE TEXT
OF THE RULE, ANY IMPACT STATEMENTS WHICH WOULD BE REQUIRED BY ARTICLE
TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT TO PROPOSE THE RULE, AND
ANY COST-BENEFIT ANALYSIS, RISK ASSESSMENT AND/OR THE RESULTS OF A NEGO-
TIATED RULEMAKING OR POLICY DIALOGUE UNDERTAKEN IN CONJUNCTION WITH THE
DEVELOPMENT OF THE RULE.
2. THE DIRECTOR SHALL REVIEW THE AGENCY'S SUBMISSION TO DETERMINE
WHETHER IT IS COMPLETE AND IN ACCORDANCE WITH THE GOALS, CRITERIA AND
REQUIREMENTS OF THIS ARTICLE AND ARTICLE TWO OF THE STATE ADMINISTRA-
TIVE PROCEDURE ACT, INCLUDING WHETHER THE RULE:
(A) IS CLEARLY WITHIN THE AUTHORITY DELEGATED BY LAW;
(B) IS CONSISTENT WITH AND NECESSARY TO ACHIEVE A SPECIFIC LEGISLATIVE
PURPOSE;
(C) IS CLEARLY WRITTEN SO THAT ITS MEANING WILL BE EASILY UNDERSTOOD
BY THOSE PERSONS AFFECTED BY IT;
(D) DOES NOT UNNECESSARILY DUPLICATE OR EXCEED EXISTING FEDERAL OR
STATE STATUTES OR RULES;
(E) IS CONSISTENT WITH EXISTING STATE STATUTES AND RULES;
(F) IS CONSISTENT WITH STATE STATUTORY REQUIREMENTS AND WILL PRODUCE
PUBLIC BENEFITS WHICH WILL OUTWEIGH THE COSTS, IF ANY, IMPOSED ON
AFFECTED PARTIES;
(G) DOES NOT IMPOSE A MANDATE ON LOCAL GOVERNMENTS OR SCHOOL DISTRICTS
THAT IS NOT FULLY FUNDED, EXCEPT AS SPECIFICALLY REQUIRED BY STATE
STATUTE;
(H) PRESCRIBES METHODOLOGIES OR REQUIREMENTS THAT ALLOW REGULATED
PARTIES FLEXIBILITY AND ENCOURAGE INNOVATION IN MEETING THE LEGISLATIVE
OR ADMINISTRATIVE REQUIREMENTS AND OBJECTIVES UNDERLYING THE RULE;
(I) IS BASED ON CREDIBLE ASSESSMENTS, USING RECOGNIZED STANDARDS, OF
THE DEGREE AND NATURE OF THE RISKS WHICH MAY BE REGULATED, INCLUDING A
COMPARISON WITH EVERYDAY RISKS FAMILIAR TO THE PUBLIC;
(J) GIVES PREFERENCE TO THE LEAST COSTLY, LEAST BURDENSOME REGULATORY
AND PAPERWORK REQUIREMENTS NEEDED TO ACCOMPLISH LEGISLATIVE AND ADMINIS-
TRATIVE OBJECTIVES;
(K) IS BASED UPON THE BEST SCIENTIFIC, TECHNICAL AND ECONOMIC INFORMA-
TION THAT CAN REASONABLY AND AFFORDABLY BE OBTAINED; AND
A. 6240 8
(1) IF POSSIBLE AND PRACTICAL, FAVORS MARKET-ORIENTED SOLUTIONS AND
PERFORMANCE STANDARDS OVER COMMAND-AND-CONTROL REGULATION.
3. IF THE DIRECTOR DETERMINES THAT THE SUBMISSION IS COMPLETE AND
COMPLIES WITH THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION, THE
DIRECTOR SHALL AUTHORIZE THE AGENCY TO SUBMIT THE RULEMAKING FOR PUBLI-
CATION IN THE STATE REGISTER PURSUANT TO SECTION TWO HUNDRED TWO OF THE
STATE ADMINISTRATIVE PROCEDURE ACT.
4. IF THE DIRECTOR DETERMINES THE SUBMISSION IS NOT COMPLETE OR DOES
NOT COMPLY WITH THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION, THE
DIRECTOR MAY RETURN IT TO THE AGENCY, TOGETHER WITH ANY DIRECTION THAT
THE AGENCY AMEND, PREPARE OR REVISE THE RULE, ANY SUPPORTING IMPACT
STATEMENTS, COST BENEFIT ANALYSIS, RISK ASSESSMENT, AND/OR UNDERTAKE A
NEGOTIATED RULEMAKING OR POLICY DIALOGUE TO DEVELOP A RULE FOR PROPOSAL.
THE OFFICE MAY ASSIST THE AGENCY IN DEVELOPING A PROPOSAL THAT MEETS
THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION.
5. AN AGENCY MAY CONSULT INFORMALLY WITH THE OFFICE REGARDING PROPOSED
RULES, SUPPORTING IMPACT STATEMENTS, AND OTHER DOCUMENTS AT ANY TIME
PRIOR TO THE SUBMISSION OF SUCH MATERIALS PURSUANT TO SUBDIVISION ONE
OF THIS SECTION. SUCH INFORMAL CONSULTATION SHALL NOT BE BINDING ON THE
OFFICE OR THE AGENCY.
6. THE DIRECTOR, IN HIS OR HER SOLE DISCRETION, MAY EXCLUDE A PARTIC-
ULAR RULE OR CATEGORY OF RULES, AT THE OFFICE'S INITIATIVE OR AT THE
REQUEST OF AN AGENCY, FROM ALL OR PART OF THE REQUIREMENTS OF SUBDIVI-
SION ONE OF THIS SECTION BASED ON A DETERMINATION BY THE OFFICE THAT THE
APPLICATION OF THE REQUIREMENTS OF SUCH SECTION TO SUCH RULE OR CATEGORY
OF RULES LACKS A SUBSTANTIAL PUBLIC BENEFIT. THE OFFICE MAY REVOKE,
MODIFY OR LIMIT SUCH EXEMPTION AT ANY TIME BASED ON THE OFFICE'S DETER-
MINATION THAT, DUE TO A CHANGE OF CIRCUMSTANCES OR NEW INFORMATION, SUCH
EXEMPTION IS NOT CONSISTENT WITH THE PURPOSES OF THIS ARTICLE. THE
OFFICE SHALL PROMPTLY NOTIFY THE AGENCY OF ANY SUCH DETERMINATION OR
REVOCATION.
S 885. FEDERAL AND LOCAL GOVERNMENT PARTICIPATION. 1. FEDERAL AND
LOCAL GOVERNMENT REGULATORY AND PERMIT AGENCIES SHALL BE ENCOURAGED TO
PARTICIPATE IN THE BUSINESS PERMIT INFORMATION, COORDINATION, AND
ASSISTANCE SERVICES OF THE OFFICE AND TO MAKE INFORMATION AVAILABLE TO
APPLICANTS AND INTERESTED PERSONS THROUGH THE OFFICE WITH RESPECT TO ANY
BUSINESS UNDERTAKING, PROJECT, OR ACTIVITY WHICH IS REFERRED TO THE
OFFICE UNDER THE PROVISIONS OF THIS ARTICLE.
2. THE DIRECTOR SHALL CONSULT WITH LOCAL GOVERNMENT OFFICIALS WITH
RESPECT TO COOPERATION IN COORDINATING STATE AND LOCAL PERMIT APPLICA-
TION AND REVIEW PROCEDURES AND SHALL RECOMMEND TO THE GOVERNOR AND THE
LEGISLATURE ANY ACTIONS THAT WOULD FACILITATE SUCH COORDINATION.
S 2. Section 5 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, is
amended by adding a new subdivision 31 to read as follows:
(31) TO IDENTIFY INDUSTRY SECTORS THAT MAY BE ATTRACTED TO THE STATE,
PROVIDE CONSULTING AND MARKETING ASSISTANCE, DEVELOP ENVIRONMENTAL
STUDIES AND ANALYSES, AND, WITHIN AVAILABLE APPROPRIATIONS, TO REIMBURSE
SOME OR ALL OF THE EXPENSES INCURRED BY INTERIM SPONSORS TO PRE-QUALIFY
SITES FOR SUCH INDUSTRY SECTORS. SUCH ASSISTANCE MAY BE MADE AVAILABLE
TO ELIGIBLE APPLICANTS SUCH AS LOCAL GOVERNMENTS, INDUSTRIAL DEVELOPMENT
AGENCIES AND AUTHORITIES, AND OTHER GOVERNMENT OR NONPROFIT ENTITIES
THAT AGREE TO ACT AS INTERIM SPONSORS IN READYING ELIGIBLE SITES FOR
DEVELOPMENT, SUBJECT TO CRITERIA SET FORTH IN SUCH RULES AND REGULATIONS
AS MAY BE PROMULGATED BY THE CORPORATION FOR THE PROGRAM, INCLUDING
RULES FOR THE UNIFORM TRANSFER OF PERMITS, DETERMINATIONS AND APPROVALS
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TO COMPANIES LOCATING AT PRE-QUALIFIED SITES BY STATE AND LOCAL GOVERN-
MENTS AND INTERIM SPONSORS OF SITES, WHICH RULES SHALL BE CONSISTENT
WITH THE INTENT OF ARTICLE 70 OF THE ENVIRONMENTAL CONSERVATION LAW.
NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW, THE RULES PROMULGATED
PURSUANT TO THIS SUBDIVISION MAY PROVIDE THAT A LOCAL GOVERNMENT, INDUS-
TRIAL DEVELOPMENT AGENCY OR AUTHORITY, OR OTHER GOVERNMENT OR NONPROFIT
ENTITY ACTING AS AN INTERIM SPONSOR TO READY AN ELIGIBLE SITE FOR DEVEL-
OPMENT SHALL NOT BE RESPONSIBLE FOR THE PAYMENT OF FEES OTHERWISE
REQUIRED IN CONNECTION WITH THE ISSUANCE OF ANY STATE PERMIT WHICH IS
INTENDED TO BE TRANSFERRED BY THE INTERIM SPONSOR TO A COMPANY LOCATING
AT A PRE-QUALIFIED SITE.
S 3. Subdivision 47 of section 100 of the economic development law, as
renumbered by chapter 427 of the laws of 2008, is renumbered subdivision
48 and a new subdivision 47 is added to read as follows:
47. TO DESIGNATE, PURSUANT TO CRITERIA ESTABLISHED BY THE DIRECTOR,
SIGNIFICANT ECONOMIC DEVELOPMENT PROJECTS AS DEFINED IN SUBDIVISION
EIGHT OF SECTION EIGHT HUNDRED SEVENTY-FIVE OF THE EXECUTIVE LAW.
S 4. This act shall take effect on the one hundred twentieth day after
it shall have become a law and shall apply to rules and revised rules to
be submitted for publication in the state register on and after such
date, provided, however, that nothing in this act shall be construed to
affect the provisions of any existing requirement for the submittal of
rules to the governor's office of regulatory reform in effect on the
date this act shall have become a law.
PART D
Section 1. Paragraph (a) of subdivision 6-a of section 202 of the
state administrative procedure act, as amended by chapter 171 of the
laws of 1994, is amended to read as follows:
(a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article to the governor, the temporary president of the
senate, the speaker of the assembly, THE MINORITY LEADER OF THE SENATE,
THE MINORITY LEADER OF THE ASSEMBLY, the administrative regulations
review commission and the office of regulatory and management assistance
at the time such notice is submitted to the secretary of state for
publication in the state register. Such transmittal shall include the
complete rule text, regulatory impact statement, regulatory flexibility
analysis, rural area flexibility analysis, or revisions thereof, and any
other information submitted to the secretary of state pursuant to this
article.
S 2. This act shall take effect immediately.
PART E
Section 1. The economic development law is amended by adding a new
section 139 to read as follows:
S 139. MICRO-ENTERPRISE EDUCATION GRANTS. 1. THE COMMISSIONER IS
HEREBY AUTHORIZED AND DIRECTED TO ESTABLISH A MICRO-ENTERPRISE EDUCATION
GRANT PROGRAM WITHIN NEW YORK STATE. THE PURPOSE OF THE PROGRAM IS TO
PROVIDE FULL TUITION REIMBURSEMENT TO MICRO-ENTERPRISE BUSINESS OWNERS
AND THEIR QUALIFIED EMPLOYEES, AT EITHER A SUNY COLLEGE OR LOCAL COMMU-
NITY COLLEGE. QUALIFIED BUSINESS COURSES SHALL INCLUDE THOSE COURSES
NECESSARY FOR THE SUCCESSFUL SUPPORT AND OPERATION OF A MICRO-ENTERPRISE
BUSINESS. ALL QUALIFYING EDUCATIONAL INSTITUTIONS SHALL FILE WITH THE
DEPARTMENT AN OVERVIEW OF COURSES THAT SUCH INSTITUTION DETERMINES TO
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BE ESSENTIAL TO SUCH STUDIES. THE DEPARTMENT SHALL REVIEW SUCH DOCUMEN-
TATION AND MAKE A DETERMINATION OF THE COURSE OF STUDIES THAT QUALIFY
FOR REIMBURSEMENT.
2. THE COMMISSIONER SHALL PROMULGATE REGULATIONS AND REQUIREMENTS FOR
THE ESTABLISHMENT OF THE MICRO-ENTERPRISE EDUCATION GRANT PROGRAM. BUSI-
NESS OWNERS SHALL APPLY FOR SUCH FUNDS THAT MAY BE AVAILABLE, PROVIDING
THAT THE OWNER OR EMPLOYEE HAS SUCCESSFULLY COMPLETED THE COURSE. EACH
BUSINESS SHALL BE ELIGIBLE FOR A MAXIMUM OF FIFTEEN CREDIT HOURS.
3. ON OR BEFORE EACH ONE YEAR ANNIVERSARY OF THE GRANT PROGRAM'S
INCEPTION, THE COMMISSIONER SHALL SUBMIT A REPORT TO THE GOVERNOR AND
THE LEGISLATURE CONCERNING THE PROGRAMS ESTABLISHED IN THIS SECTION AND
SHALL PROVIDE AN EVALUATION AS TO THE EFFECTIVENESS OF THE PROGRAM IN
MEETING THE PURPOSES FOR WHICH IT WAS ESTABLISHED. SUCH REPORT SHALL
ALSO RECOMMEND WHETHER THE PROGRAM SHOULD BE EXPANDED AND SHALL ESTIMATE
THE FINANCIAL COST OF ANY SUCH EXPANSION.
S 2. The sum of two hundred twenty-five thousand dollars ($225,000),
or so much thereof as may be necessary, is hereby appropriated to the
department of economic development from any moneys in the state treasury
in the general fund not otherwise appropriated for services and
expenses; including the expenses of the department of economic develop-
ment, for the purposes of carrying out the provisions of this act. Such
sum shall be payable on the audit and warrant of the state comptroller
on vouchers certified or approved by the commissioner of economic devel-
opment, or his or her duly designated representative in the manner
provided by law. Not more than fifteen percent of the moneys hereby
appropriated may be expended for the costs of the department of economic
development.
S 3. This act shall take effect immediately.
PART F
Section 1. Subdivision 14 of section 163 of the state finance law is
renumbered subdivision 17 and three new subdivisions 14, 15 and 16 are
added to read as follows:
14. RULES AND REGULATIONS. CONSISTENT WITH THE PROVISIONS OF THIS
SECTION, THE COMMISSIONER SHALL PROMULGATE ALL RULES AND REGULATIONS
NECESSARY TO PROVIDE THAT AT LEAST FIFTEEN PERCENT OF CONTRACTS PROCURED
FOR SERVICES AND COMMODITIES BE GRANTED TO A SMALL BUSINESS, AS DEFINED
IN THIS ARTICLE. NOTHING IN THIS SUBDIVISION SHALL, HOWEVER, REQUIRE THE
AWARDING OF A CONTRACT TO A SMALL BUSINESS THAT FAILS TO MEET THE MINI-
MUM QUALIFICATIONS SET FORTH IN THE STATE PROCUREMENT COUNCIL GUIDE-
LINES.
15. PAYMENT. CONSISTENT WITH THE PROVISIONS OF THIS SECTION, THE
COMMISSIONER SHALL REQUIRE PAYMENT FOR ANY CONTRACT FOR SERVICES AND
COMMODITIES PROVIDED BY A SMALL BUSINESS, AS DEFINED IN THIS ARTICLE, TO
BECOME DUE WITHIN THIRTY DAYS OF THE COMPLETION OF THE CONTRACT REQUIRE-
MENTS.
16. BINDING ARBITRATION AUTHORIZED. AUTHORITY IS GRANTED TO THE
COMMISSIONER TO DIRECT THAT DISPUTES CONCERNING CONTRACTS AWARDED TO
SMALL BUSINESSES PURSUANT TO SUBDIVISION FOURTEEN OF THIS SECTION MAY BE
RESOLVED BY SUBMISSION TO BINDING ARBITRATION.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law; provided, however, that the commissioner of general
services shall promulgate any rules and regulations necessary for the
timely implementation of this act on its effective date; and provided
further that the amendments to section 163 of the state finance law made
A. 6240 11
by section one of this act shall not affect the repeal of such section
and shall be deemed repealed therewith.
PART G
Section 1. The state finance law is amended by adding two new sections
97-kkkk and 97-llll to read as follows:
S 97-KKKK. COUNTY MAIN STREET MATCHING GRANT INFRASTRUCTURE FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE COUNTY MAIN STREET MATCHING GRANT INFRASTRUCTURE FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS CREDITED OR TRANSFERRED TO SUCH FUND
PURSUANT TO LAW, ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION
OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO SUCH FUND, AND ALL
MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
3. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
CATION TO THE URBAN DEVELOPMENT CORPORATION FOR PURPOSES OF FUNDING THE
COUNTY MAIN STREET GRANT PROGRAM.
4. MONEYS SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
ECONOMIC DEVELOPMENT.
S 97-LLLL. DOWNTOWN DEVELOPMENT INITIATIVE GRANT PROGRAM FUND. 1.
THERE IS HEREBY ESTABLISHED IN THE JOINT CUSTODY OF THE STATE COMP-
TROLLER AND THE COMMISSIONER OF TAXATION AND FINANCE A FUND TO BE KNOWN
AS THE DOWNTOWN DEVELOPMENT INITIATIVE GRANT PROGRAM FUND.
2. SUCH FUND SHALL CONSIST OF ALL MONEYS APPROPRIATED FOR THE PURPOSE
OF SUCH FUND, ALL OTHER MONEYS CREDITED OR TRANSFERRED TO SUCH FUND
PURSUANT TO LAW, ALL MONEYS REQUIRED BY THE PROVISIONS OF THIS SECTION
OR ANY OTHER LAW TO BE PAID INTO OR CREDITED TO SUCH FUND, AND ALL
MONEYS RECEIVED BY THE FUND OR DONATED TO IT.
3. MONEYS OF SUCH FUND SHALL BE AVAILABLE FOR APPROPRIATION AND ALLO-
CATION TO THE URBAN DEVELOPMENT CORPORATION, TO BE TRANSFERRED TO ELIGI-
BLE MAIN STREET COMMUNITIES BY THE STATE MAIN STREET CENTER ESTABLISHED
PURSUANT TO ARTICLE EIGHTEEN-D OF THE GENERAL MUNICIPAL LAW.
4. MONEYS SHALL BE PAID OUT ON THE AUDIT AND WARRANT OF THE COMP-
TROLLER ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF
ECONOMIC DEVELOPMENT.
S 2. The general municipal law is amended by adding a new article 18-D
to read as follows:
ARTICLE 18-D
NEW YORK MAIN STREET CENTER
SECTION 971-A. SHORT TITLE.
971-B. LEGISLATIVE FINDINGS AND DECLARATION.
971-C. APPLICATION FOR COUNTY MAIN STREET MATCHING GRANTS.
971-D. APPLICATION FOR DOWNTOWN DEVELOPMENT INITIATIVE GRANTS.
971-E. RESPONSIBILITIES OF THE COMMISSIONER.
S 971-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "NEW YORK MAIN STREET CENTER".
S 971-B. LEGISLATIVE FINDINGS AND DECLARATION. (A) LOCAL MAIN STREET
AND DOWNTOWN BUSINESS ASSOCIATIONS CURRENTLY ARE WITHOUT THE ASSISTANCE
OF A STATE CENTER. A STATE MAIN STREET CENTER WOULD HELP COORDINATE THE
MANY SERVICES AND FUNDING LEVERAGE CHALLENGES THAT MAIN STREETS FACE.
(B) THE NEW YORK MAIN STREET CENTER SHALL BE ADMINISTERED BY THE URBAN
DEVELOPMENT CORPORATION AND LOCATED WITHIN THE ALBANY OFFICE OF THE
URBAN DEVELOPMENT CENTER.
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(C) THE STATE CENTER SHALL ADMINISTER A STATEWIDE PROGRAM TO CREATE
MAIN STREET CENTERS IN EACH OF THE COUNTIES IN NEW YORK STATE, WITH THE
EXCEPTION OF THE FIVE BOROUGHS OF NEW YORK CITY.
(D) EACH COUNTY MAIN STREET CENTER SHALL BE ELIGIBLE TO RECEIVE A
MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE
CREATION OF THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF
A FULLTIME EMPLOYEE TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS
MAY BE USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
(E) THE STATE CENTER SHALL HOUSE A COMPREHENSIVE LIBRARY OF MAIN
STREET PUBLICATIONS AVAILABLE TO BE LOANED.
(F) THE STATE CENTER SHALL DEVELOP A CENTRAL DATABASE OF ALL STATE AND
FEDERAL GRANT RESOURCES. THE STATE CENTER SHALL ASSIST LOCALITIES IN
IDENTIFYING POTENTIAL SOURCES OF FUNDING AND PROVIDE TECHNICAL ASSIST-
ANCE REGARDING GRANT PROCUREMENT.
(G) THE STATE CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN
ENSURING THAT FACADE RENOVATIONS ARE DONE IN A MANNER THAT RESPECTS THE
ARCHITECTURE OF THE BUILDING TO BE RENOVATED AND HELPS TO ENHANCE THE
HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
(H) MAIN STREETS, AS DEFINED BY THE STATE CENTER, SHALL BE ELIGIBLE
FOR DOWNTOWN DEVELOPMENT INITIATIVE GRANTS FOR RENOVATIONS, FACADE
IMPROVEMENTS, LIGHTING, SIDEWALKS, LANDSCAPING, AND GENERAL BEAUTIFICA-
TION PROJECTS.
S 971-C. APPLICATION FOR COUNTY MAIN STREET MATCHING GRANTS. APPLI-
CANTS SHALL SUBMIT PROPOSED PROJECTS FOR MATCHING GRANTS, INCLUDING
FACADE AND RENOVATION PROJECTS, TO THE DIRECTOR OF THE STATE MAIN STREET
CENTER FOR APPROVAL.
S 971-D. APPLICATION FOR DOWNTOWN DEVELOPMENT INITIATIVE GRANTS.
APPLICANTS SHALL SUBMIT PROPOSED PROJECTS FOR DOWNTOWN DEVELOPMENT
INITIATIVE GRANTS, TO THE DIRECTOR OF THE STATE MAIN STREET CENTER FOR
APPROVAL.
S 971-E. RESPONSIBILITIES OF THE COMMISSIONER. (A) THE COMMISSIONER OF
ECONOMIC DEVELOPMENT SHALL CREATE A STATE MAIN STREET CENTER AND
APPOINT A DIRECTOR AND APPROPRIATE STAFF AND BE RESPONSIBLE FOR THE
IMPLEMENTATION OF THE COUNTY MAIN STREET CENTERS.
(B) THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR THE
APPLICATION OF GRANT MONEY FROM THE COUNTY MAIN STREET MATCHING GRANT
INFRASTRUCTURE FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-KKKK OF
THE STATE FINANCE LAW, AND THE DOWNTOWN DEVELOPMENT INITIATIVE GRANT
PROGRAM FUND ESTABLISHED PURSUANT TO SECTION NINETY-SEVEN-LLLL OF THE
STATE FINANCE LAW.
S 3. The sum of five million seven hundred thousand dollars
($5,700,000), or so much thereof as may be necessary, is hereby appro-
priated to the urban development corporation from the local assistance
account of the general fund to the credit of the county main street
matching grant infrastructure fund, for implementation of county main
street centers. Such monies shall be payable on the audit and warrant
of the state comptroller on vouchers certified or approved by the
commissioner of economic development in the manner provided by law.
S 4. The sum of five million dollars ($5,000,000), or so much thereof
as may be necessary, is hereby appropriated to the urban development
corporation from the local assistance account of the general fund to the
credit of the downtown development initiative grant program fund to be
used for the revitalization of main streets in all New York counties
with the exception of the five boroughs of New York city. Such monies
shall be payable on the audit and warrant of the state comptroller on
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vouchers certified or approved by the commissioner of economic develop-
ment in the manner provided by law.
S 5. This act shall take effect immediately and shall be deemed to
have been in full force and effect on and after April 1, 2012.
S 2. Severability clause. If any clause, sentence, paragraph, subdivi-
sion, section or part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall be confined in
its operation to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would have been enacted even if such
invalid provisions had not been included herein.
S 3. This act shall take effect immediately provided, however, that
the applicable effective date of Parts A through G of this act shall be
as specifically set forth in the last section of such Parts.