senate Bill S1260

2013-2014 Legislative Session

Establishes the office for small business; repealer

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to finance
Jan 09, 2013 referred to finance

S1260 - Bill Details

Current Committee:
Senate Finance
Law Section:
Executive Law
Laws Affected:
Rpld Art 4-B, Ec Dev L; ren §666 to be §655, add Art 24-A §§660 - 679, amd §311-a, Exec L; amd §1838, Pub Auth L; amd §§19-0313 & 28-0109, En Con L; amd §97-oo, St Fin L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2010A
2009-2010: S5604A

S1260 - Bill Texts

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Establishes the office for small business under the executive department; repeals the division for small-business which was in the economic development law; transfers powers from the division to the office.

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BILL NUMBER:S1260

TITLE OF BILL:
An act
to amend the executive law, in relation to establishing the office for
small business; to amend the public authorities law, the environmental
conservation law, the state finance law and the
executive law, in relation to making
technical amendments thereto; and to repeal article 4-B of the economic
development law relating to the division for small-business

PURPOSE:
The purpose of this legislation is to establish an office for small
business within the Executive Law to consolidate all state offices,
programs and employees to promote a better small business climate in
the state.

SUMMARY OF SPECIFIC PROVISIONS:
* Allow the Director to have the power and duty to administer the
program;

* Establish that the director of the Office shall be appointed by the
Governor, and remaining members nominated by the speaker of the
Assembly, Temporary President of the Senate, Minority Leaders of the
Assembly and Senate;

* Create a 15 member advisory board of which 9 members are individuals
who are currently involved in the ownership and! or operation of a
small business;

* Establish annual awards to be known as "New York State Small
Business Awards";

* Establish the director to provide the staff with assistance and
support as necessary;

* Allow director to request assistance from other agencies;

* Provide a small business education program;

* Establish a small business stationary source ombudsman program;

* Transfer the powers from economic development to the division for
small business;

* Transfer the assets and liabilities from economic development to the
division for small-business as assumed by the office;

* Authorize the office to be deemed and held to constitute the
continuation of the authority and not a different agency and authority;

* Authorize the division of small-business to complete any unfinished
business established by economic development;

* Provide that any pending actions and proceedings shall not be
affected by any of the provisions;


* Allow continuance of the rules and regulations established by
economic development and;

* Allow the transfer of appropriations available for the use and
expenditure by the offices for the same purposes for which originally
appropriated.

JUSTIFICATION:
The bill creates a state bonding guarantee assistance program to
enable small businesses, and minority-owned and women-o~led business
enterprises, certified as a minority-owned or women-owned business
enterprise pursuant to article fifteen-A of the executive law, to
meet payment and/or performance bonding requirements by providing
additional financial backing needed to induce a surety company to
issue a bond for construction projects, including but not limited to,
Government sponsored, transportation related construction projects.
Such programs shall give preference to minority-owned and women-owned
business enterprises.

PRIOR HISTORY:
S.2010 2012, Referred to Finance
S.2010 2011, Referred to Finance
S.5604A 2009, Referred to Finance
A.3276A 2008, Reported and Referred to Ways & Means Committee
A.3276A 2008, Referred to Small Business Committee
A.4169 2005, Died in Small Business Committee

FISCAL IMPLICATIONS:
Additional administrative cost associated with the creation of the
office for Small Business.

EFFECTIVE DATE:
Immediate, with provisions.

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

                                  1260

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERKINS -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive  law,  in  relation  to  establishing  the
  office  for  small  business; to amend the public authorities law, the
  environmental conservation law, the state finance law and  the  execu-
  tive  law,  in relation to making technical amendments thereto; and to
  repeal article 4-B of the economic development  law  relating  to  the
  division for small-business

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

  Section 1. Article 4-B of the economic development law is REPEALED.
  S 1-a. Section 666 of the executive law is renumbered section 655.
  S 2. The executive law is amended by adding a new article 24-A to read
as follows:
                               ARTICLE 24-A
                        OFFICE FOR SMALL BUSINESS

SECTION 660. LEGISLATIVE FINDINGS AND OBJECTIVES.
        661. DEFINITIONS.
        662. OFFICE FOR SMALL BUSINESS; DIRECTOR; EMPLOYEES.
        663. SMALL BUSINESS ADVISORY BOARD; CREATION.
        664. POWERS AND DUTIES OF THE OFFICE FOR SMALL BUSINESS.
        665. ASSISTANCE OF OTHER AGENCIES.
        666. RULES AND REGULATIONS.
        667. SMALL BUSINESS EDUCATION PROGRAM.
        668. SMALL BUSINESS STATIONARY SOURCE OMBUDSMAN PROGRAM.
        669. ABOLITION OF DIVISION FOR SMALL BUSINESS.
        670. TRANSFER OF POWERS OF THE DIVISION FOR SMALL BUSINESS.
        671. TRANSFER OF ASSETS AND LIABILITIES.
        672. CONTINUITY OF AUTHORITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01260-02-3

S. 1260                             2

        673. TRANSFER OF RECORDS.
        674. COMPLETION OF UNFINISHED BUSINESS.
        675. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS.
        676. EXISTING RIGHTS AND REMEDIES PRESERVED.
        677. PENDING ACTIONS AND PROCEEDINGS.
        678. CONTINUANCE OF RULES AND REGULATIONS.
        679. TRANSFER  OF  APPROPRIATIONS MADE TO THE DIVISION FOR SMALL
               BUSINESS.
  S 660. LEGISLATIVE FINDINGS AND  OBJECTIVES.  THE  LEGISLATURE  HEREBY
FINDS AND DECLARES THAT:
  1.  SMALL  BUSINESS HAS BEEN A MAJOR POSITIVE FACTOR IN THE POLITICAL,
ECONOMIC AND SOCIAL DEVELOPMENT OF THE STATE;
  2. THE FUTURE WELFARE OF THE STATE DEPENDS ON THE  CONTINUED  DEVELOP-
MENT OF SMALL BUSINESS;
  3. THE STATE HAS A RESPONSIBILITY TO ASSIST IN SMALL BUSINESS DEVELOP-
MENT IN FURTHERANCE OF THE GENERAL WELFARE.
  S 661. DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE:
  1. "OFFICE" SHALL MEAN THE OFFICE FOR SMALL BUSINESS.
  2.  "SMALL  BUSINESS"  SHALL  BE DEEMED TO BE ONE WHICH IS RESIDENT IN
THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS  FIELD
AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
  3.  "ADVISORY  BOARD"  SHALL  MEAN  THE  SMALL BUSINESS ADVISORY BOARD
CREATED BY SECTION SIX HUNDRED SIXTY-THREE OF THIS ARTICLE.
  4. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE  FOR  SMALL  BUSI-
NESS.
  S  662.  OFFICE  FOR  SMALL BUSINESS; DIRECTOR; EMPLOYEES. 1. THERE IS
HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT AN OFFICE FOR SMALL BUSI-
NESS TO HAVE AND EXERCISE THE FUNCTIONS, POWERS AND DUTIES  PROVIDED  BY
THE  PROVISIONS  OF  THIS  ARTICLE  AND  ANY OTHER PROVISION OF LAW. THE
OFFICE SHALL PERFORM THESE POWERS, FUNCTIONS AND DUTIES IN  CONSULTATION
WITH  THE  SMALL  BUSINESS  ADVISORY  BOARD  ESTABLISHED  BY SECTION SIX
HUNDRED SIXTY-THREE OF THIS ARTICLE.
  2. THE HEAD OF  THE  OFFICE  SHALL  BE  THE  DIRECTOR,  WHO  SHALL  BE
APPOINTED  BY  THE  GOVERNOR,  BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE, AND SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR BY WHOM HE
OR SHE WAS APPOINTED OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND  HAS
QUALIFIED.
  3.  THE DIRECTOR MAY ESTABLISH DIVISIONS AND BUREAUS, CHANGE THE NAMES
OF EXISTING DIVISIONS OR  BUREAUS,  OR  MAY  CONSOLIDATE  DIVISIONS  AND
BUREAUS  AS HE OR SHE MAY DEEM NECESSARY OR APPROPRIATE TO CARRY OUT THE
FUNCTIONS OF THE OFFICE. SUBJECT TO THE PROVISIONS OF THIS  ARTICLE  AND
THE CIVIL SERVICE LAW, AND RULES AND REGULATIONS ADOPTED PURSUANT THERE-
TO,  THE DIRECTOR MAY APPOINT SUCH OTHER OFFICERS, EMPLOYEES, AGENTS AND
CONSULTANTS AS MAY BE  NECESSARY,  PRESCRIBE  THEIR  DUTIES,  FIX  THEIR
COMPENSATION  AND  PROVIDE FOR PAYMENT OF THEIR REASONABLE EXPENSES, ALL
WITHIN AMOUNTS AVAILABLE THEREFOR BY  APPROPRIATION.  THE  DIRECTOR  MAY
TRANSFER  OFFICERS  OR EMPLOYEES FROM THEIR POSITIONS TO OTHER POSITIONS
IN THE OFFICE, OR ABOLISH OR CONSOLIDATE SUCH POSITIONS.
  4. THE DIRECTOR ACTING BY AND THROUGH THE OFFICE SHALL HAVE POWER  AND
IT SHALL BE HIS OR HER DUTY:
  (A)  TO  ADMINISTER THE PROGRAMS TRANSFERRED TO THE OFFICE PURSUANT TO
THIS ARTICLE OR AN APPROPRIATION OF FUNDS TO THE OFFICE;
  (B) TO ADMINISTER SUCH OTHER PROGRAMS AS  MAY  BE  DEVOLVED  UPON  THE
OFFICE FROM TIME TO TIME PURSUANT TO LAW;
  (C)  TO COOPERATE WITH AND ASSIST OTHER STATE AND FEDERAL DEPARTMENTS,
BOARDS, COMMISSIONS, AGENCIES, PUBLIC BENEFIT  CORPORATIONS  AND  PUBLIC

S. 1260                             3

AUTHORITIES  IN  THE  DEVELOPMENT  OF  POLICIES  AND PROGRAMS WHICH WILL
ENCOURAGE THE CREATION OR RETENTION OF SMALL BUSINESS; AND
  (D)  TO  ENTER  INTO  CONTRACTS  WITH ANY PERSON, FIRM, CORPORATION OR
GOVERNMENTAL AGENCY, AND DO ALL THINGS NECESSARY OR CONVENIENT TO  CARRY
OUT  THE  FUNCTIONS, POWERS AND DUTIES EXPRESSLY SET FORTH IN THIS ARTI-
CLE.
  S 663. SMALL BUSINESS ADVISORY BOARD; CREATION.  1.  THERE  IS  HEREBY
CREATED  IN  THE  OFFICE  FOR  SMALL  BUSINESS A SMALL BUSINESS ADVISORY
BOARD. THE ADVISORY  BOARD  SHALL  CONSIST  OF  FIFTEEN  MEMBERS  TO  BE
APPOINTED  BY  THE  GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE.
THE GOVERNOR SHALL DESIGNATE A CHAIR FROM THE MEMBERS  OF  THE  ADVISORY
BOARD,  TO  SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR. IN APPOINTING
THE MEMBERS OF THE ADVISORY BOARD THE  GOVERNOR  SHALL  ENSURE  THAT  AT
LEAST  NINE OF THE MEMBERS ARE INDIVIDUALS WHO ARE CURRENTLY INVOLVED IN
THE OWNERSHIP AND/OR OPERATION OF A SMALL BUSINESS OR WHO HAVE EXTENSIVE
EXPERIENCE IN SMALL BUSINESS OWNERSHIP AND/OR OPERATION.
  2. ALL MEMBERS OF THE ADVISORY BOARD SHALL SERVE FOR  TERMS  OF  THREE
YEARS,  SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH THIR-
TY-FIRST; PROVIDED, HOWEVER, THAT OF THE NINE  MEMBERS  FIRST  APPOINTED
THREE  SHALL  BE  APPOINTED  FOR  A  ONE-YEAR  TERM  EXPIRING  ON  MARCH
THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE  SHALL
HAVE BECOME A LAW, THREE SHALL BE APPOINTED FOR A TWO-YEAR TERM EXPIRING
ON  MARCH  THIRTY-FIRST  OF  THE SECOND YEAR FOLLOWING THE YEAR IN WHICH
THIS ARTICLE SHALL HAVE BECOME A LAW, AND THREE SHALL BE APPOINTED FOR A
THREE-YEAR TERM EXPIRING ON MARCH THIRTY-FIRST OF THE THIRD YEAR FOLLOW-
ING THE YEAR IN WHICH THIS ARTICLE SHALL HAVE BECOME A LAW; AND THAT SIX
ADDITIONAL MEMBERS, TWO ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT
OF THE SENATE, ONE ON THE RECOMMENDATION OF THE MINORITY LEADER  OF  THE
SENATE, TWO ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND ONE
ON  THE  RECOMMENDATION  OF THE MINORITY LEADER OF THE ASSEMBLY SHALL BE
APPOINTED FOR A THREE-YEAR TERM EXPIRING ON MARCH  THIRTY-FIRST  OF  THE
THIRD  YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE SHALL HAVE BECOME A
LAW.
  3. THE ADVISORY BOARD SHALL MEET REGULARLY AT LEAST FOUR TIMES IN EACH
YEAR. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIR AND SHALL BE CALLED BY
HIM OR HER AT THE REQUEST OF THE DIRECTOR.
  4. NO MEMBER OF THE ADVISORY BOARD SHALL BE DISQUALIFIED FROM  HOLDING
ANY  OTHER  PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY
SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINTMENT HEREUNDER,
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL,  SPECIAL  OR  LOCAL  LAW,
ORDINANCE OR CITY CHARTER.
  5. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR
THEIR  SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
  6. THE BOARD SHALL HAVE THE POWER AND DUTY TO:
  (A) ADVISE THE DIRECTOR IN CARRYING  OUT  THE  FUNCTIONS,  POWERS  AND
DUTIES OF THE OFFICE, AS SET FORTH IN THIS ARTICLE;
  (B)  ADVISE  THE  GOVERNOR  AND THE LEGISLATURE CONCERNING RECOMMENDED
LEGISLATION NECESSARY TO FOSTER AND PROMOTE  THE  PROSPERITY,  EXPANSION
AND DEVELOPMENT OF SMALL BUSINESS CONCERNS WITHIN THE STATE;
  (C)  ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING EXISTING LAWS,
RULES,  REGULATIONS  AND  PRACTICES  OF   STATE   AGENCIES   WHICH   ARE
COUNTER-PRODUCTIVE OR INIMICAL TO THE PROSPERITY, EXPANSION AND DEVELOP-
MENT OF SMALL BUSINESS CONCERNS WITHIN THE STATE;
  (D) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING THE DEVELOPMENT
OF  INTER-GOVERNMENTAL  COOPERATION AMONG AGENCIES OF THE FEDERAL, STATE

S. 1260                             4

AND LOCAL GOVERNMENTS  AND  COOPERATION  BETWEEN  PRIVATE  INDUSTRY  AND
GOVERNMENT  SO  AS  TO  ASSURE THE OPTIMUM DEVELOPMENT OF SMALL BUSINESS
CONCERNS;
  (E)  SERVE AS A CATALYST FOR CREATING AND MAINTAINING A SMALL BUSINESS
CONSCIOUSNESS IN NEW YORK STATE; AND
  (F) ESTABLISH PROCEDURES FOR MAKING ANNUAL AWARDS TO BE KNOWN AS  "NEW
YORK  STATE  SMALL  BUSINESS AWARDS". THESE NON-MONETARY AWARDS SHALL BE
GIVEN IN RECOGNITION OF UNUSUAL PERFORMANCE BY PERSONS, FIRMS AND ORGAN-
IZATIONS WHICH ARE ENGAGED IN THE OPERATION  OF  NEW  YORK  STATE  SMALL
BUSINESSES OR WHICH ARE ENGAGED IN ACTIVITIES TO ASSIST SMALL BUSINESSES
IN  THE  STATE. THE BOARD MAY NOMINATE UP TO FIVE AWARD WINNERS ANNUALLY
AND FORWARD SUCH NAMES TO THE GOVERNOR FOR  HIS  OR  HER  CONSIDERATION.
THE  GOVERNOR  MAY DESIGNATE AWARD WINNERS FROM THESE NOMINEES AT HIS OR
HER DISCRETION. CURRENT MEMBERS OF THE ADVISORY BOARD ARE  NOT  ELIGIBLE
AS NOMINEES.
  7. THE DIRECTOR SHALL PROVIDE THE BOARD WITH SUCH STAFF ASSISTANCE AND
SUPPORT  SERVICES  AS  NECESSARY  FOR THE BOARD TO PERFORM THE FUNCTIONS
REQUIRED OF IT UNDER THIS SECTION.
  S 664. POWERS AND DUTIES OF THE OFFICE FOR SMALL BUSINESS. THE  OFFICE
SHALL HAVE THE POWER AND DUTY TO:
  1.  COORDINATE  THE  ACTIVITIES OF ALL STATE AGENCIES PERFORMING FUNC-
TIONS AFFECTING THE OPERATION OF SMALL BUSINESSES IN THE STATE;
  2. RECEIVE COMPLAINTS OF OPERATORS OF SMALL BUSINESSES AND REFER  THEM
TO  THE APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY AUTHORIZED BY LAW FOR
APPROPRIATE ACTION ON SUCH COMPLAINTS;
  3. ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR ON MATTERS  AFFECT-
ING  THE  SMALL  BUSINESSES  OF  THE STATE AND PROMOTE AND ENCOURAGE THE
PROTECTION OF THE LEGITIMATE INTERESTS OF SMALL  BUSINESSES  WITHIN  THE
STATE;
  4.  CONDUCT  INVESTIGATIONS, RESEARCH, STUDIES AND ANALYSES OF MATTERS
AFFECTING THE INTERESTS OF SMALL BUSINESSES;
  5. REPRESENT THE INTERESTS OF SMALL BUSINESSES  IN  THE  STATE  BEFORE
FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGENCIES;
  6.  STUDY  THE  OPERATION  OF  THE LAWS AFFECTING SMALL BUSINESSES AND
RECOMMEND TO THE GOVERNOR NEW LAWS AND AMENDMENTS OF LAWS FOR THE  BENE-
FIT OF SMALL BUSINESSES;
  7.  REVIEW  PENDING  LEGISLATION AFFECTING SMALL BUSINESSES AND REPORT
ITS FINDINGS TO THE GOVERNOR;
  8. INITIATE AND ENCOURAGE SMALL BUSINESS EDUCATION PROGRAMS IN GENERAL
AND TO COORDINATE WITH THE FUNCTIONS OF THE OFFICE OF GENERAL  SERVICES,
AN  INFORMATION  AND  OUTREACH  PROGRAM  DIRECTED TOWARD INFORMING SMALL
BUSINESSES IN THE STATE OF PROCEDURES NECESSARY FOR COMPETING FOR  STATE
PURCHASES  AND  TO  COORDINATE WITH THE FUNCTIONS OF EVERY STATE AGENCY,
DEPARTMENT OR AUTHORITY DESCRIBED IN SECTION ONE  HUNDRED  THIRTY-NINE-G
OF  THE  STATE  FINANCE  LAW, PURSUANT TO SUBDIVISION (B) OF SECTION ONE
HUNDRED THIRTY-NINE-G OF THE  STATE  FINANCE  LAW,  AN  INFORMATION  AND
OUTREACH PROGRAM DIRECTED TOWARD INFORMING SMALL BUSINESSES IN THE STATE
OF PROCEDURES NECESSARY FOR COMPETING FOR STATE CONTRACTS; AND
  9. CONDUCT A SURVEY OF ALL BUSINESS INCUBATORS IN THE STATE AND ASSESS
THE  NEED  FOR ADDITIONAL INCUBATOR FACILITIES TO NURTURE THE GROWTH AND
DEVELOPMENT OF SMALL BUSINESSES.
  S 665. ASSISTANCE OF OTHER AGENCIES. TO  EFFECTUATE  THE  PURPOSES  OF
THIS  ARTICLE,  THE  DIRECTOR MAY REQUEST FROM ANY DEPARTMENT, DIVISION,
BOARD, BUREAU, COMMISSION OR OTHER AGENCY  OF  THE  STATE  OR  FROM  ANY
PUBLIC  CORPORATION OR DISTRICT, AND THE SAME ARE AUTHORIZED TO PROVIDE,
SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE REQUIRED BY THE  OFFICE  IN

S. 1260                             5

CARRYING OUT ITS FUNCTIONS, POWERS, DUTIES AND PURPOSES UNDER THIS ARTI-
CLE.
  S 666. RULES AND REGULATIONS. THE DIRECTOR SHALL ADOPT RULES AND REGU-
LATIONS  TO  EFFECTUATE THE PURPOSES OF THIS ARTICLE. THE ADVISORY BOARD
SHALL RECOMMEND TO HIM OR HER CRITERIA FOR INCLUSION THEREIN.
  S 667. SMALL BUSINESS EDUCATION PROGRAM. THE DIRECTOR AND THE  COMMIS-
SIONERS  OF  AGRICULTURE  AND MARKETS AND THE OFFICE OF GENERAL SERVICES
SHALL INITIATE AND ENCOURAGE SMALL BUSINESS EDUCATION PROGRAMS AND COOR-
DINATE WITH THE FUNCTIONS OF THE OFFICE OF GENERAL SERVICES AN  INFORMA-
TION  AND OUTREACH PROGRAM DIRECTED TOWARD INFORMING ELIGIBLE BUSINESSES
IN THE STATE OF PROCEDURES NECESSARY FOR COMPETING FOR PURCHASES OF FOOD
PRODUCTS PURSUANT TO SUBDIVISION EIGHT-A OF SECTION ONE HUNDRED THREE OF
THE GENERAL MUNICIPAL LAW, AND TO COORDINATE WITH THE FUNCTIONS OF EVERY
STATE AGENCY OR DEPARTMENT DESCRIBED IN SUBDIVISION (B) OF  SECTION  ONE
HUNDRED  THIRTY-NINE-G  OF  THE  STATE  FINANCE  LAW, AN INFORMATION AND
OUTREACH PROGRAM DIRECTED TOWARD INFORMING ELIGIBLE  BUSINESSES  IN  THE
STATE  OF  PROCEDURES  NECESSARY  FOR  COMPETING  FOR  CONTRACTS FOR THE
PURCHASE OF FOOD PRODUCTS PURSUANT TO SUBDIVISION EIGHT-A OF SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW.
  S 668. SMALL BUSINESS STATIONARY SOURCE OMBUDSMAN PROGRAM.   1.  THERE
IS  HEREBY  ESTABLISHED  WITHIN  THE  OFFICE A SMALL BUSINESS STATIONARY
SOURCE OMBUDSMAN PROGRAM. THE PRIMARY  PURPOSE  OF  THE  SMALL  BUSINESS
STATIONARY  SOURCE  OMBUDSMAN  PROGRAM  IS  TO  REPRESENT SMALL BUSINESS
STATIONARY SOURCES ON ISSUES RELATING TO  COMPLIANCE  WITH  THE  FEDERAL
CLEAN  AIR  ACT, 42 U.S.C. SECTION 7401 ET SEQ. AS AMENDED BY PUBLIC LAW
101-549,  NOVEMBER  FIFTEENTH,  NINETEEN  HUNDRED  NINETY,   HEREINAFTER
REFERRED TO AS THE "ACT", AND TO REFER SMALL BUSINESS STATIONARY SOURCES
TO  APPROPRIATE ENTITIES FOR ASSISTANCE IN COMPLIANCE WITH ARTICLE NINE-
TEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT. FOR PURPOSES  OF
THIS  SECTION  A  SMALL  BUSINESS  STATIONARY SOURCE SHALL HAVE THE SAME
MEANING AS IN SECTION 19-0313 OF THE ENVIRONMENTAL CONSERVATION LAW.
  2. THE OFFICE SHALL, THROUGH  THE  SMALL  BUSINESS  STATIONARY  SOURCE
OMBUDSMAN  PROGRAM,  PERFORM  ALL  FUNCTIONS  NECESSARY TO IMPLEMENT THE
REQUIREMENTS OF SECTION 7661F OF THE ACT INCLUDING:
  (A) SOLICITING INPUT FROM SMALL BUSINESS STATIONARY SOURCES  REGARDING
COMPLIANCE  WITH  THE  ACT  AND  ARTICLE  NINETEEN  OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING INTERACTING WITH ORGANIZATIONS  REPRESENTING
SMALL BUSINESSES SUCH AS TRADE ASSOCIATIONS OR OTHER ENTITIES;
  (B) PARTICIPATING IN, AND FACILITATING AND PROMOTING THE PARTICIPATION
OF  SMALL BUSINESS STATIONARY SOURCES IN THE DEVELOPMENT AND IMPLEMENTA-
TION OF RULES AND REGULATIONS ADOPTED PURSUANT TO  ARTICLE  NINETEEN  OF
THE ENVIRONMENTAL CONSERVATION LAW;
  (C)  PARTICIPATING  IN, AND SPONSORING MEETINGS WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, LOCAL AIR POLLUTION CONTROL AGENCIES, INDUS-
TRY GROUPS AND SMALL BUSINESS REPRESENTATIVES;
  (D) PROVIDING GUIDANCE AND RECOMMENDATIONS TO THE DEPARTMENT OF  ENVI-
RONMENTAL  CONSERVATION ON THE DEVELOPMENT, CONTENT AND OPERATION OF THE
SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL  COMPLIANCE
ASSISTANCE  PROGRAM  AS  CREATED BY SECTION 19-0313 OF THE ENVIRONMENTAL
CONSERVATION LAW;
  (E) DISTRIBUTING TO SMALL BUSINESS STATIONARY SOURCES INFORMATION  AND
MATERIALS  ON  THE  REQUIREMENTS  OF THE ACT AND ARTICLE NINETEEN OF THE
ENVIRONMENTAL CONSERVATION LAW;
  (F) REPORTING TO THE SMALL BUSINESS STATIONARY SOURCE COMPLIANCE ADVI-
SORY PANEL AS ESTABLISHED PURSUANT TO SECTION 19-0315  OF  THE  ENVIRON-
MENTAL  CONSERVATION  LAW ON ANY PROBLEMS OR DIFFICULTIES EXPERIENCED BY

S. 1260                             6

SMALL BUSINESS STATIONARY SOURCES IN COMPLYING WITH ARTICLE NINETEEN  OF
THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT, INCLUDING THE DEGREE AND
SEVERITY OF ENFORCEMENT;
  (G)  AIDING  IN  THE  INVESTIGATION  AND  RESOLUTION OF COMPLAINTS AND
DISPUTES FROM SMALL BUSINESS STATIONARY SOURCES AGAINST  THE  DEPARTMENT
OF  ENVIRONMENTAL  CONSERVATION AND LOCAL AIR POLLUTION CONTROL AUTHORI-
TIES;
  (H) CONDUCTING PERIODIC EVALUATIONS OF ALL ASPECTS OF THE SMALL  BUSI-
NESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE
PROGRAM AS IDENTIFIED UNDER SECTION 19-0313 OF THE ENVIRONMENTAL CONSER-
VATION LAW INCLUDING REVIEWING THE WORK AND SERVICES OF THE PROGRAM WITH
TRADE ASSOCIATIONS AND REPRESENTATIVES OF SMALL BUSINESS;
  (I) REVIEWING AND PROVIDING COMMENTS AND RECOMMENDATIONS TO THE UNITED
STATES  ENVIRONMENTAL  PROTECTION  AGENCY AND THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION REGARDING  THE  DEVELOPMENT  AND  IMPLEMENTATION  OF
REGULATIONS THAT IMPACT SMALL BUSINESS STATIONARY SOURCES;
  (J)  ARRANGING  FOR AND ASSISTING IN THE PREPARATION OF GUIDANCE DOCU-
MENTS BY THE SMALL BUSINESS STATIONARY  SOURCE  TECHNICAL  AND  ENVIRON-
MENTAL  COMPLIANCE  ASSISTANCE  PROGRAM  AS REQUIRED PURSUANT TO SECTION
19-0313 OF  THE  ENVIRONMENTAL  CONSERVATION  LAW  TO  ENSURE  THAT  THE
LANGUAGE IS READILY UNDERSTANDABLE BY THE LAY PERSON;
  (K)  REFERRING  SMALL  BUSINESS  STATIONARY SOURCES TO SPECIALISTS FOR
INFORMATION AND ASSISTANCE ON AFFORDABLE ALTERNATIVE TECHNOLOGIES, PROC-
ESS CHANGES,  PRODUCTS  AND  OPERATIONAL  METHODS  TO  HELP  REDUCE  AIR
POLLUTION;
  (L)  PROVIDING  INFORMATION  TO  SMALL  BUSINESS STATIONARY SOURCES ON
STATE-SPONSORED PROGRAMS OFFERING FINANCIAL  AND  TECHNICAL  ASSISTANCE,
AND  IN LOCATING SOURCES OF FUNDING FOR COMPLIANCE WITH THE REQUIREMENTS
OF ARTICLE NINETEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND  THE  ACT;
AND
  (M) ESTABLISHING PROCEDURES FOR ASSURING THE CONFIDENTIALITY OF INFOR-
MATION RECEIVED FROM SMALL BUSINESS STATIONARY SOURCES.
  3.  THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT
APPLY TO RECORDS  CONTAINING  INFORMATION  SUPPLIED  BY  SMALL  BUSINESS
STATIONARY SOURCES PURSUANT TO THE PROVISIONS OF THIS SECTION.
  S  669.  ABOLITION  OF  DIVISION FOR SMALL BUSINESS. UPON THE TRANSFER
PURSUANT TO THIS ARTICLE OF THE FUNCTIONS AND POWERS  POSSESSED  BY  AND
ALL  OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR SMALL BUSINESS AS
ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE  ECONOMIC  DEVELOP-
MENT  LAW  TO THE OFFICE, THE DIVISION FOR SMALL BUSINESS SHALL BE ABOL-
ISHED.
  S 670. TRANSFER OF POWERS OF THE DIVISION FOR SMALL BUSINESS.   EXCEPT
AS  OTHERWISE  PROVIDED  IN  THIS  ARTICLE,  THE  FUNCTIONS  AND  POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE  DIVISION  FOR
SMALL-BUSINESS  AS  ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
ECONOMIC DEVELOPMENT LAW SHALL BE TRANSFERRED AND ASSIGNED  TO,  ASSUMED
BY AND DEVOLVED UPON THE OFFICE. SUCH TRANSFER SHALL OCCUR NO LATER THAN
JANUARY  THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDED, HOWEVER, THAT, IN
THE EVENT THAT IT IS IMPRACTICAL  TO  EFFECTUATE  SUCH  TRANSFER  ON  OR
BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE DIRECTOR MAY UPON
NOTIFICATION  TO  THE  GOVERNOR,  TEMPORARY PRESIDENT OF THE SENATE, AND
SPEAKER OF THE ASSEMBLY ON OR BEFORE  JANUARY  FIFTEENTH,  TWO  THOUSAND
FIFTEEN, EXECUTE A MEMORANDUM OF UNDERSTANDING TO GOVERN THE EXPEDITIOUS
TRANSFER REQUIRED PURSUANT TO THIS SECTION.
  S 671.  TRANSFER OF ASSETS AND LIABILITIES. UPON THE TRANSFER PURSUANT
TO  SECTION  SIX  HUNDRED  SEVENTY  OF THIS ARTICLE OF THE FUNCTIONS AND

S. 1260                             7

POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF  THE  DIVI-
SION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
OF  THE  ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
SIX  HUNDRED  SEVENTY  OF THIS ARTICLE ALL ASSETS AND LIABILITIES OF THE
DIVISION FOR SMALL-BUSINESS ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE
OFFICE.
  S 672. CONTINUITY OF AUTHORITY.  UPON THE TRANSFER PURSUANT TO SECTION
SIX HUNDRED  SEVENTY  OF  THIS  ARTICLE  OF  THE  FUNCTIONS  AND  POWERS
POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B  OF  THE
ECONOMIC  DEVELOPMENT  LAW  TO  THE  OFFICE AS PRESCRIBED BY SECTION SIX
HUNDRED SEVENTY OF THIS ARTICLE, FOR THE PURPOSE OF  SUCCESSION  TO  ALL
FUNCTIONS,  POWERS, DUTIES AND OBLIGATIONS OF THE DIVISION FOR SMALL-BU-
SINESS, THE OFFICE SHALL BE DEEMED AND HELD TO CONSTITUTE THE  CONTINUA-
TION OF SUCH AUTHORITY AND NOT A DIFFERENT AGENCY OR AUTHORITY.
  S  673. TRANSFER OF RECORDS. UPON THE TRANSFER PURSUANT TO SECTION SIX
HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR SMALL-BUSINESS
AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC  DEVEL-
OPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF
THIS  ARTICLE, ALL BOOKS, PAPERS, RECORDS AND PROPERTY PERTAINING TO THE
DIVISION FOR SMALL-BUSINESS SHALL BE TRANSFERRED TO  AND  MAINTAINED  BY
THE OFFICE.
  S  674.  COMPLETION OF UNFINISHED BUSINESS. UPON THE TRANSFER PURSUANT
TO SECTION SIX HUNDRED SEVENTY OF THIS  ARTICLE  OF  THE  FUNCTIONS  AND
POWERS  POSSESSED  BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
SION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED  BY  SECTION
SIX HUNDRED SEVENTY OF THIS ARTICLE, ANY BUSINESS OR OTHER MATTER UNDER-
TAKEN  OR  COMMENCED BY THE DIVISION FOR SMALL BUSINESS PERTAINING TO OR
CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES  SO  TRANS-
FERRED  AND  ASSIGNED TO THE OFFICE MAY BE CONDUCTED OR COMPLETED BY THE
DIRECTOR OF THE OFFICE.
  S 675. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS. UPON THE
TRANSFER PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF  THE
FUNCTIONS  AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES
OF THE DIVISION FOR SMALL-BUSINESS AS  ESTABLISHED  PURSUANT  TO  FORMER
ARTICLE  FOUR-B  OF  THE  ECONOMIC  DEVELOPMENT  LAW  TO  THE  OFFICE AS
PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE  WHENEVER  THE
DIVISION FOR SMALL BUSINESS AND THE COMMISSIONER THEREOF, THE FUNCTIONS,
POWERS,  OBLIGATIONS  AND  DUTIES OF WHICH ARE TRANSFERRED TO THE OFFICE
ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT  PERTAIN-
ING  TO  THE  FUNCTIONS,  POWERS, OBLIGATIONS AND DUTIES TRANSFERRED AND
ASSIGNED PURSUANT TO THIS ARTICLE, SUCH REFERENCE OR  DESIGNATION  SHALL
BE DEEMED TO REFER TO THE OFFICE AND ITS DIRECTOR.
  S  676.  EXISTING  RIGHTS  AND  REMEDIES  PRESERVED. UPON THE TRANSFER
PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS  AND  DUTIES  OF  THE
DIVISION  FOR  SMALL-BUSINESS  AS ESTABLISHED PURSUANT TO FORMER ARTICLE
FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE  AS  PRESCRIBED  BY
SECTION  SIX HUNDRED SEVENTY OF THIS ARTICLE NO EXISTING RIGHT OR REMEDY
OF THE STATE, INCLUDING THE DIVISION FOR SMALL BUSINESS SHALL  BE  LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS ARTICLE.
  S  677. PENDING ACTIONS AND PROCEEDINGS. UPON THE TRANSFER PURSUANT TO
SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND  POWERS
POSSESSED  BY  AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR

S. 1260                             8

SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B  OF  THE
ECONOMIC  DEVELOPMENT  LAW  TO  THE  OFFICE AS PRESCRIBED BY SECTION SIX
HUNDRED SEVENTY OF THIS ARTICLE NO ACTION OR PROCEEDING PENDING  ON  THE
EFFECTIVE  DATE  OF THIS ARTICLE, BROUGHT BY OR AGAINST THE DIVISION FOR
SMALL  BUSINESS  OR  COMMISSIONER  THEREOF  SHALL  BE  AFFECTED  BY  ANY
PROVISION OF THIS ARTICLE, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE  NAME  OF  THE  DIRECTOR  OF  THE  OFFICE.  IN  ALL SUCH ACTIONS AND
PROCEEDINGS, THE OFFICE, UPON APPLICATION TO THE COURT, SHALL BE SUBSTI-
TUTED AS A PARTY.
  S 678. CONTINUANCE OF RULES AND REGULATIONS. UPON THE TRANSFER  PURSU-
ANT  TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF  THE  DIVI-
SION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
OF  THE  ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
SIX HUNDRED SEVENTY OF  THIS  ARTICLE,  ALL  RULES,  REGULATIONS,  ACTS,
DETERMINATIONS  AND  DECISIONS  OF  THE  DIVISION  FOR  SMALL  BUSINESS,
PERTAINING TO THE FUNCTIONS TRANSFERRED AND ASSIGNED BY THIS ARTICLE  TO
THE OFFICE IN FORCE AT THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION
OR  DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS,
ACTS, DETERMINATIONS AND DECISIONS OF THE OFFICE UNTIL DULY MODIFIED  OR
REPEALED.
  S 679. TRANSFER OF APPROPRIATIONS MADE TO THE DIVISION FOR SMALL BUSI-
NESS.  UPON THE TRANSFER PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS
ARTICLE  OF  THE  FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE DIVISION  FOR  SMALL-BUSINESS  AS  ESTABLISHED
PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE
OFFICE AS PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE, ALL
APPROPRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE BEEN MADE AVAILABLE
AS  OF  THE  DATE OF SUCH TRANSFER TO THE DIVISION FOR SMALL-BUSINESS OR
SEGREGATED PURSUANT TO LAW, TO THE EXTENT  OF  REMAINING  UNEXPENDED  OR
UNENCUMBERED  BALANCES  THEREOF,  WHETHER  ALLOCATED  OR UNALLOCATED AND
WHETHER OBLIGATED OR UNOBLIGATED,  SHALL  BE  TRANSFERRED  TO  AND  MADE
AVAILABLE  FOR  USE  AND EXPENDITURE BY THE OFFICE FOR THE SAME PURPOSES
FOR WHICH ORIGINALLY APPROPRIATED OR REAPPROPRIATED AND SHALL BE PAYABLE
ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER  OF  TAXATION  AND
FINANCE,  ON  AUDIT  AND WARRANT OF THE COMPTROLLER. PAYMENTS OF LIABIL-
ITIES FOR EXPENSES OF PERSONAL SERVICE, MAINTENANCE AND OPERATION  WHICH
SHALL HAVE BEEN INCURRED AS OF THE DATE OF SUCH TRANSFER BY THE DIVISION
FOR  SMALL  BUSINESS, AND FOR LIABILITIES INCURRED AND TO BE INCURRED IN
COMPLETING ITS AFFAIRS SHALL ALSO  BE  MADE  ON  VOUCHERS  CERTIFIED  OR
APPROVED  BY  THE  DIRECTOR  OF  THE OFFICE, ON AUDIT AND WARRANT OF THE
COMPTROLLER.
  S 3. The opening paragraph of subdivision 1 of  section  1838  of  the
public  authorities  law, as added by chapter 56 of the laws of 1993, is
amended to read as follows:
  There is hereby created a state bonding guarantee  assistance  program
to  enable small businesses, and minority-owned and women-owned business
enterprises, certified  as  a  minority-owned  or  women-owned  business
enterprise  pursuant  to article fifteen-A of the executive law, to meet
payment and/or performance bonding requirements by providing  additional
financial  backing needed to induce a surety company to issue a bond for
construction projects, including but not limited  to,  government  spon-
sored,  transportation  related  construction  projects. For purposes of
this section, the term small business shall have  the  same  meaning  as
defined in section [one hundred thirty-one] SIX HUNDRED SIXTY-ONE of the

S. 1260                             9

[economic development] EXECUTIVE law. Such program shall give preference
to minority-owned and women-owned business enterprises and shall:
  S 4. The opening paragraph and paragraph g of subdivision 1 and subdi-
vision  3  of  section 19-0313 of the environmental conservation law, as
added by chapter 608 of the  laws  of  1993,  are  amended  to  read  as
follows:
  The  commissioner  is  hereby  authorized  and  directed to establish,
develop and implement a small business stationary source  technical  and
environmental  compliance  assistance  program  for  those categories of
sources of air contamination identified in section 7661f(c) of  the  Act
or  any other category of source the commissioner deems appropriate. The
commissioner, after consultation with the administrator  of  the  United
States  environmental protection agency, the administrator of the United
States small business  administration,  the  small  business  stationary
source  compliance  advisory  panel  and  the  small business stationary
source ombudsman created pursuant to section [one hundred  thirty-seven]
SIX HUNDRED SIXTY-EIGHT of the [economic development] EXECUTIVE law, and
after  providing  notice and opportunity for public hearing, may exclude
from the program any category or subcategory of  sources  identified  in
section  7661f(c)  of  the  Act that the commissioner determines to have
sufficient technical and financial capabilities to meet the requirements
of the Act without such assistance. The department may designate  eligi-
bility  for assistance based on whether the stationary source has suffi-
cient technical and financial capabilities to comply  with  federal  and
state law without such assistance. Such program shall include:
  g.  procedures  for  soliciting  input from and exchanging information
with the small business stationary source ombudsman created pursuant  to
section  [one  hundred  thirty-seven]  SIX  HUNDRED  SIXTY-EIGHT  of the
[economic development] EXECUTIVE law, regarding compliance  requirements
for small business stationary sources;
  3. In developing and implementing the small business stationary source
technical  and  environmental  compliance assistance program as required
pursuant to subdivision  one  of  this  section,  the  department  shall
consult  with  the  small business stationary source compliance advisory
panel as created pursuant to section 19-0315 of this title and the small
business stationary source ombudsman as created pursuant to section [one
hundred thirty-seven] SIX HUNDRED SIXTY-EIGHT of the [economic  develop-
ment] EXECUTIVE law.
  S  5.  Paragraph  i  of  subdivision  3  of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is amended  to
read as follows:
  i.  developing  and  implementing the small business stationary source
ombudsman program established pursuant to section [one  hundred  thirty-
seven]  SIX  HUNDRED SIXTY-EIGHT of the [economic development] EXECUTIVE
law; and
  S 6. Paragraph f of subdivision 2 and subdivision 3 of section 28-0109
of the environmental conservation law, as added by chapter  654  of  the
laws of 2005, are amended to read as follows:
  f.  procedures  for  soliciting input [from and exchanging information
with the small business pollution prevention and  environmental  compli-
ance  ombudsman  program created pursuant to section 138 of the economic
development  law,]  regarding  pollution  prevention  opportunities  and
compliance requirements for small businesses;
  3.  In  developing  and  implementing  the  small  business  pollution
prevention and environmental compliance assistance program, the  depart-
ment  shall  consult  with  the  pollution  prevention and environmental

S. 1260                            10

compliance coordinating council as created pursuant to  section  28-0111
of  this  article,  the environmental facilities corporation[, the small
business pollution prevention  and  environmental  compliance  ombudsman
program  as  created pursuant to section 138 of the economic development
law] and the office of waste prevention services as created pursuant  to
article 14 of the economic development law.
  S  7. Subdivision 1 of section 311-a of the executive law, as added by
section 4 of part BB of chapter 59 of the laws of 2006,  is  amended  to
read as follows:
  1.  There  is  hereby  established  within  the department of economic
development an office of the minority and  women-owned  business  enter-
prise  statewide  advocate. The statewide advocate shall be appointed by
the commissioner with the advice of the small business advisory board as
established  in  section  [one   hundred   thirty-three]   SIX   HUNDRED
SIXTY-THREE  of the [economic development] EXECUTIVE law and shall serve
in the unclassified service of  the  director.  The  statewide  advocate
shall be located in the Albany empire state development office.
  S  8. This act shall take effect immediately; provided that the renum-
bering of section 655 of the executive law made by section two  of  this
act  shall not affect the expiration of such section and shall be deemed
repealed therewith;  and  provided,  further,  that  the  amendments  to
section  311-a  of  the  executive law made by section seven of this act
shall not affect the expiration of such  section  and  shall  be  deemed
repealed therewith.

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