senate Bill S1646

2013-2014 Legislative Session

Authorizes commissioner of economic development to grant matching funds to eligible applicants to implement Hudson Valley regional agricultural marketing program

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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 commerce, economic development and small business
Jan 09, 2013 referred to commerce, economic development and small business

S1646 - Bill Details

See Assembly Version of this Bill:
A1955
Current Committee:
Law Section:
Economic Development Law
Laws Affected:
Add Art 15 ยงยง280 - 284, Ec Dev L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1643, A1544
2009-2010: S5307, A6938

S1646 - Bill Texts

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Authorizes commissioner of economic development to grant matching funds to eligible applicants to implement the Hudson Valley agricultural regional marketing program, defined as the use of media advertising and promotional materials for purposes of marketing agricultural production within the region.

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BILL NUMBER:S1646

TITLE OF BILL: An act to amend the economic development law, in
relation to providing matching funds for eligible applicants in the
Hudson Valley agricultural regional marketing program

PURPOSE: To authorize the Commissioner of Economic Development to
grant matching funds to eligible applicants to implement Hudson Valley
regional agricultural marketing program.

SUMMARY OF PROVISIONS: The bill allows the Commissioner of
Agriculture and Markets to provide matching funds to eligible
applicants such as not for profits in order to implement a regional
marketing program in Hudson Valley. Matching funds cannot exceed
$500,000 or fifty percent of the total cost of implementation of the
marketing plan.

JUSTIFICATION: This act will provide funding to an association of
agricultural producers in the Hudson Valley to work together in a
uniform manner in order to engage in marketing activities that are
vital to the agrarian economy of the region.

LEGISLATIVE HISTORY: 2005-2006- S.4352- Referred to Commerce,
Economic Development and Small Business. 2007-2008- S.4582 - Referred
to Commerce, Economic Development and Small Business. 2009-2010 -
S.5307 - Reported to Finance 2011-2012 - S.1643 - Referred to
Commerce, Economic Development and Small Business.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1646

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sen. CARLUCCI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business

AN  ACT  to amend the economic development law, in relation to providing
  matching funds for eligible applicants in the Hudson  Valley  agricul-
  tural regional marketing program

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

  Section 1. The economic development law is amended  by  adding  a  new
article 15 to read as follows:
                                ARTICLE 15
          HUDSON VALLEY AGRICULTURAL REGIONAL MARKETING PROGRAM
SECTION 280. DEFINITIONS.
        281. MATCHING FUNDS FOR ELIGIBLE APPLICANTS.
        282. APPLICATION PROCESS.
        283. PAYMENTS OF FUNDS TO ELIGIBLE APPLICANTS.
        284. REPORTING REQUIREMENTS.
  S  280. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT MEAN-
ING APPEARS FROM THE CONTEXT, THE FOLLOWING WORDS AND TERMS  SHALL  HAVE
THE FOLLOWING MEANINGS:
  1.  "ELIGIBLE APPLICANT" MEANS ANY NOT-FOR-PROFIT CORPORATION OR OTHER
NONPROFIT ORGANIZATION, ASSOCIATION, OR AGENCY  THAT  IS  DESIGNATED  BY
RESOLUTION  OF THE SEVERAL COUNTY LEGISLATURES OR OTHER GOVERNING BODIES
OF COUNTIES WITHIN THE HUDSON VALLEY REGION OF THE STATE, AS  AN  AGENCY
AUTHORIZED  TO  MAKE APPLICATION FOR AND RECEIVE GRANTS FOR THE PURPOSES
SPECIFIED IN THIS ARTICLE.
  2. "RECOGNIZED ADVERTISING" MEANS MEDIA  ADVERTISING  AND  PROMOTIONAL
MATERIALS  TO  BE  BROADCAST,  DISSEMINATED, OR OTHERWISE DISTRIBUTED IN
ACCORDANCE WITH A PLAN APPROVED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05216-01-3

S. 1646                             2

  3. "REGION" MEANS THE HUDSON VALLEY REGION OF THE STATE, AS DETERMINED
BY THE COMMISSIONER.
  4. "REGIONAL MARKETING PROGRAM" MEANS THE USE OF MEDIA ADVERTISING AND
PROMOTIONAL MATERIALS FOR PURPOSES OF MARKETING AGRICULTURAL PRODUCTS OF
THE REGION.
  5.  "STRATEGIC  ALLIANCE"  MEANS  AN INFORMAL OR FORMAL ASSOCIATION OF
AGRICULTURAL PRODUCERS ESTABLISHED FOR THE  PURPOSE  OF  SOLVING  COMMON
PROBLEMS  AND  ENGAGING IN COOPERATIVE ACTIVITIES AND THAT IS CONSIDERED
TO BE CRITICAL TO THE AGRICULTURAL ECONOMY OF THE REGION.
  S 281. MATCHING FUNDS FOR ELIGIBLE APPLICANTS. 1. THE COMMISSIONER, IN
FURTHERANCE OF THE OBJECTIVES OF  THE  REGIONAL  AGRICULTURAL  MARKETING
PROGRAM,  IS  AUTHORIZED  TO MATCH FUNDS EXPENDED BY ELIGIBLE APPLICANTS
FOR THE PURPOSE OF IMPLEMENTATION OF THE REGIONAL MARKETING  PROGRAM  AS
DEFINED  IN SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHTY OF THIS ARTI-
CLE; PROVIDED, HOWEVER, THAT:
  (A) NO SUCH MATCHING FUNDS SHALL EXCEED THE SUM OF FIVE HUNDRED  THOU-
SAND DOLLARS OR FIFTY PERCENT OF THE TOTAL COST OF IMPLEMENTATION OF THE
REGIONAL MARKETING PLAN, WHICHEVER IS LESS;
  (B)  NO  SUCH  MATCHING  FUNDS SHALL BE USED FOR ADMINISTRATIVE COSTS,
INCLUDING SALARIES, ASSOCIATED WITH THE IMPLEMENTATION OF  THE  REGIONAL
AGRICULTURAL MARKETING PLAN;
  (C)  NO  SUCH MATCHING FUNDS SHALL BE USED FOR THE DIRECT BENEFIT OF A
FOR-PROFIT AGRICULTURAL PRODUCER OR  MARKETER  UNLESS  SUCH  EXPENDITURE
SHALL  FURTHER  A  PUBLIC PURPOSE AND HAVE A CLEAR, LONG-TERM BENEFIT TO
THE REGIONAL AGRICULTURAL ECONOMY.
  2. THE COMMISSIONER IS AUTHORIZED TO MATCH FUNDS EXPENDED BY AN ELIGI-
BLE APPLICANT IF THE ELIGIBLE APPLICANT REPRESENTS ONE OR MORE COUNTIES,
BUT FEWER THAN EACH OF THE  SEVERAL  COUNTIES,  IN  THE  STATE  ECONOMIC
DEVELOPMENT REGION.
  S  282.  APPLICATION  PROCESS. 1. THE COMMISSIONER, UPON INVESTIGATION
AND RECEIPT OF CERTIFIED COPIES OF SUCH RESOLUTIONS AS MAY BE  NECESSARY
TO  SATISFY  HIM  OR HER THAT AN ELIGIBLE APPLICANT HAS BEEN DULY DESIG-
NATED TO REPRESENT THE REGION, SHALL RECOGNIZE SUCH  ELIGIBLE  APPLICANT
AS  THE SOLE SUCH APPLICANT WITHIN THE REGION. IN THE EVENT THAT EACH OF
THE SEVERAL COUNTIES WITHIN THE REGION IS UNABLE OR UNWILLING TO  DESIG-
NATE A SINGLE APPLICANT TO REPRESENT THE REGION, OR IS UNABLE OR UNWILL-
ING  TO  ENCUMBER FUNDS  PURSUANT TO SECTION TWO HUNDRED EIGHTY-THREE OF
THIS ARTICLE, ONE OR MORE COUNTIES WITHIN THE REGION  MAY  DESIGNATE  AN
ELIGIBLE  APPLICANT  TO REPRESENT THE REGION. IN REVIEWING SUCH APPLICA-
TIONS, THE COMMISSIONER MAY SELECT FROM AMONG COMPETING  OR  OVERLAPPING
APPLICATIONS  THE  APPLICATION  THAT THE COMMISSIONER CONSIDERS TO BE OF
GREATER BENEFIT TO THE REGION AND THE  WELFARE  OF  THE  PEOPLE  OF  THE
STATE.
  2.  THE  COMMISSIONER IS AUTHORIZED TO ACCEPT AND SET REASONABLE DEAD-
LINES FOR THE SUBMISSION OF APPLICATIONS FOR EACH FISCAL YEAR COVERED BY
APPROPRIATIONS IN ORDER TO MATCH FUNDS EXPENDED BY  ELIGIBLE  APPLICANTS
FOR THE PURPOSE OF THE IMPLEMENTATION OF THE REGIONAL MARKETING PROGRAM.
IN  REVIEWING  AND  SELECTING  APPLICATIONS FROM ELIGIBLE APPLICANTS FOR
ASSISTANCE UNDER THIS PROGRAM, THE COMMISSIONER SHALL ENSURE  THAT  EACH
APPLICATION  FOR  SUCH  FUNDS SHALL HAVE THEREIN SET FORTH THE SCHEDULE,
BUDGET, SCOPE, AND THEME OF THE PROPOSED REGIONAL AGRICULTURAL MARKETING
PROGRAM TO BE UNDERTAKEN FOR THE PURPOSE OF ENCOURAGING AND  STIMULATING
AGRICULTURAL MARKETING WITHIN THE REGION OF THE STATE.
  3.  NOTHING SHALL LIMIT AN ELIGIBLE APPLICANT FROM CREATING A REGIONAL
AGRICULTURAL MARKETING PROGRAM WITH ANOTHER STATE, TERRITORY, PROTECTOR-
ATE, DEPENDENCY, OR COUNTRY.

S. 1646                             3

  S 283. PAYMENTS OF FUNDS TO ELIGIBLE APPLICANTS.  1.  UPON  SUBMISSION
AND  APPROVAL  OF EACH APPLICATION AND THE AUTHORIZATION OF FUNDS BY THE
COMMISSIONER IN ACCORDANCE THEREWITH, THE COMMISSIONER SHALL GIVE NOTICE
TO THE ELIGIBLE APPLICANT OF SUCH APPROVAL AND AUTHORIZATION  AND  SHALL
DIRECT SUCH ELIGIBLE APPLICANT TO PROCEED WITH ITS PROPOSED AGRICULTURAL
MARKETING  PROGRAM  AS DESCRIBED IN ITS APPLICATION. UPON THE FURNISHING
OF SATISFACTORY EVIDENCE TO  THE  DEPARTMENT  THAT  THE  SEVERAL  COUNTY
LEGISLATURES OR OTHER GOVERNING BODIES OF THE COUNTIES IDENTIFIED IN THE
APPLICATION  HAVE  ENCUMBERED FUNDS IN THE AMOUNT COMMITTED AND APPROVED
BY THE COMMISSIONER, THE STATE MATCHING FUNDS ALLOCATED TO SUCH ELIGIBLE
APPLICANT SHALL BE PAID, FROM THE FUNDS APPROPRIATED FOR  SUCH  PURPOSE,
PURSUANT  TO THIS ARTICLE.  ANY STATE FUNDS SO PAID MAY BE EXPENDED ONLY
ON A MATCHING BASIS AND ONLY  WITHIN  TWELVE  MONTHS  OF  SUCH  PAYMENT,
UNLESS AN EXTENSION OF TIME HAS BEEN REQUESTED AND, UPON SHOWING OF GOOD
CAUSE, GRANTED BY THE COMMISSIONER.
  2. NO ADVERTISING OR MARKETING FUNDED FOR THE PURPOSES OF THIS ARTICLE
SHALL  CONTAIN  REFERENCE  TO  OR THE NAME OF ANY PUBLIC OFFICIAL OF THE
STATE OF NEW YORK OR ITS POLITICAL  SUBDIVISIONS.  "REFERENCE"  INCLUDES
BUT  IS  NOT  LIMITED TO PHOTOGRAPHS, DRAWINGS, CARICATURES, QUOTATIONS,
INVITATIONS, SIGNATURES, ENDORSEMENTS, OR SOUND OR VIDEO RECORDINGS.
  S 284.   REPORTING  REQUIREMENTS.  1.  IN  ACCORDANCE  WITH  GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES, EACH ELIGIBLE APPLICANT SHALL FURNISH AN
ANNUAL  FINANCIAL  STATEMENT  TO THE COMMISSIONER. SUCH REPORTS SHALL BE
SUBMITTED ON OR BEFORE JANUARY FIRST OF EACH YEAR.
  2. THE DEPARTMENT SHALL ANNUALLY, ON OR BEFORE MARCH FIRST, SUBMIT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY A REPORT ON THE ACTIVITIES  OF  THE  REGIONAL  AGRICULTURAL
MARKETING MATCHING FUNDS PROGRAM. SUCH REPORT SHALL INCLUDE A SUMMARY OF
THE FINANCIAL STATEMENTS RECEIVED BY THE DEPARTMENT FROM ELIGIBLE APPLI-
CANTS,  A  SUMMARY  OF  ACTIVITIES CONDUCTED BY ELIGIBLE APPLICANTS, AND
ANALYSES OF THE EFFECTIVENESS OF THE PROGRAM IN STIMULATING AGRICULTURAL
MARKETING. AS A PRODUCT OF SUCH ANALYSES, THE DEPARTMENT  SHALL  COMPILE
AND  DISSEMINATE  TO  EACH  ELIGIBLE APPLICANT A LIST AND DESCRIPTION OF
BEST PRACTICES IN ORDER TO FURTHER PROMOTE  AND  ENCOURAGE  AGRICULTURAL
MARKETING  IN THE STATE AND THE EXPANSION AND DEVELOPMENT OF NEW MARKETS
FOR NEW YORK AGRICULTURAL PRODUCTS.
  S 2. This act shall take effect immediately.

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