senate Bill S5533A

2013-2014 Legislative Session

Enacts the "economic development performance review act"; directs state agencies to conduct annual comprehensive performance review of economic development activities

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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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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 29, 2014 print number 5533a
amend and recommit to commerce, economic development and small business
Jan 08, 2014 referred to commerce, economic development and small business
May 16, 2013 referred to commerce, economic development and small business

Bill Amendments

Original
A (Active)
Original
A (Active)

S5533 - Bill Details

Current Committee:
Law Section:
Economic Development Law
Laws Affected:
Add Art 15 §§270 - 272, Ec Dev L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1841A
2009-2010: S3306

S5533 - Bill Texts

view summary

Enacts the economic development performance review act and prescribes the functions and purposes of the special evaluation program bond act; requires state agencies involved in economic development activities to prepare an annual comprehensive performance review of their programs.

view sponsor memo
BILL NUMBER:S5533

TITLE OF BILL: An act to amend the economic development law, in
relation to establishing the economic development performance review
act

SUMMARY OF PROVISIONS: Adds a new Article 15 to the Economic
Development Law which directs any State agency engaged in economic
development activities to prepare an annual performance review of
their programs.

JUSTIFICATION: Economic development incentives remain important tools
for communities to attract and retain growing businesses. These
incentives are by no means giveaway programs. They are investments
that must generate positive economic returns by creating jobs and
generating new tax revenue. As such, we must ensure that state funded
programs for economic development are performance-based; Programs must
reach job and investment goals in order to receive benefits. This bill
would ensure that economic development programs funded with state
funds are subject to annual review, enabling the state to evaluate the
effectiveness of these programs and make any necessary changes.

In addition, state legislature is ultimately accountable for the use
of state funds. As such, it must put in place proper procedures to
ensure fiscal accountability, to be able to determine if public funds
are being invested wisely in programs that have the greatest return to
the state. Smart investments in economic development create jobs and
create revenues for the state. Verifying that programs are working
brings a higher level of accountability to the use of public funds.

LEGISLATIVE HISTORY: 01/13/11 REFERRED TO COMMERCE, ECONOMIC
DEVELOPMENT & SMALL BUSINESS 01/04/12 REFERRED TO COMMERCE, ECONOMIC
DEVELOPMENT & 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
________________________________________________________________________

                                  5533

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- 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 establish-
  ing the economic development performance review act

  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
               ECONOMIC DEVELOPMENT PERFORMANCE REVIEW ACT
SECTION 270. DEFINITION.
        271. PROGRAM IMPLEMENTATION.
        272. PERFORMANCE REVIEW.
  S 270. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
PROGRAM" SHALL MEAN A PROGRAM THAT PROVIDES SERVICES FOR THE PURPOSE  OF
EFFECTING  THE  ECONOMIC  CONDITIONS  OF THE STATE, PROVIDES TRAINING OR
EMPLOYMENT  SERVICES,  SUPPORTS  AN  ECONOMIC  DEVELOPMENT  ACTIVITY  BY
ENHANCING  THE SKILLS OF THE STATE'S WORKFORCE, PREPARES INDIVIDUALS FOR
EMPLOYMENT, IMPROVES OPPORTUNITIES FOR INDIVIDUALS TO  BECOME  EMPLOYED,
OR PROMOTES THE STATE ECONOMY.
  S 271. PROGRAM IMPLEMENTATION. 1. ON OR BEFORE SEPTEMBER FIRST, IN THE
YEAR  AFTER  THIS SECTION BECAME LAW, EACH STATE AGENCY ADMINISTRATIVELY
RESPONSIBLE FOR ECONOMIC DEVELOPMENT ACTIVITIES SHALL PREPARE A SEPARATE
PLAN FOR EACH PROGRAM THAT SUCH  AGENCY  ADMINISTERS.  EACH  PLAN  SHALL
INCLUDE A DESCRIPTION OF PROPOSED PROGRAM ACTIVITIES, A DESCRIPTION OF A
MECHANISM FOR FUNDING DISTRIBUTION, PROGRAM OBJECTIVES, POPULATION TO BE
SERVED, INSTITUTIONS ELIGIBLE TO RECEIVE FUNDS, AND A DESCRIPTION OF THE
COORDINATION  AND LINKAGES BETWEEN THIS PROGRAM AND OTHER PROGRAM ACTIV-
ITIES FUNDED SEPARATELY. SUCH PLAN  SHALL  ALSO  INCLUDE  A  PERFORMANCE
REVIEW  COMPONENT  AS  PART  OF THE IMPLEMENTATION OF EACH PROGRAM WHICH
SHALL DESCRIBE HOW THE AGENCY WILL  MONITOR  THE  DELIVERY  OF  SERVICES
UNDER THE PROGRAM AND WHICH SHALL SET FORTH THE MEASURE OF EFFECTIVENESS
OF THE SERVICES BEING PROVIDED.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07853-02-3

S. 5533                             2

  2.  PROGRAM PLANS SHALL BE SUBMITTED TO THE DEPARTMENT, THE SPEAKER OF
THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE, FOR  REVIEW  AND
COMMENT.
  3.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
REQUIREMENTS RELATING TO THE PREPARATION AND SUBMISSION OF PROGRAM PLANS
PURSUANT TO ANY OTHER PROVISION OF LAW.
  S 272. PERFORMANCE REVIEW. 1.   THE PERFORMANCE  REVIEW  COMPONENT  OF
EACH PROGRAM PLAN SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING:
  (A) A STATEMENT ON LEGISLATIVE HISTORY AND INTENT;
  (B)  A  STATEMENT  OF  PROGRAM  OBJECTIVES  WHICH  IDENTIFIES OUTCOMES
ATTRIBUTABLE TO THE PROGRAM, ANTICIPATED PERFORMANCE LEVELS, AND INDICA-
TORS OF THE EFFECTIVENESS OF THE PROGRAM;
  (C) DEFINED QUANTITATIVE MEASURES WHICH WILL BE INCLUDED  AS  PART  OF
THE   PERFORMANCE  REVIEW  REPORT  INCLUDING,  BUT  NOT  LIMITED  TO,  A
DESCRIPTION  OF  THE  TARGETED  POPULATION,  CRITERIA  FOR   PARTICIPANT
SELECTION,  DEMOGRAPHICS  ON PARTICIPANTS, MEASURES OF PROGRAM ACTIVITY,
INVENTORY OF SERVICES PROVIDED, AND BUDGET INFORMATION ON  PROGRAMS  AND
ADMINISTRATIVE  EXPENDITURES  INCLUDING,  BUT  NOT LIMITED TO, COSTS PER
PARTICIPANT.  FOR THOSE PROGRAMS WHERE AN OBJECTIVE  IS  JOB  PLACEMENT,
DATA  SHALL  INCLUDE  INFORMATION  ON THE OCCUPATIONS WHICH PARTICIPANTS
ENTER,  THE  RATE  OF  JOB  RETENTION,  PRE-PROGRAM  WAGE  EARNINGS  AND
POST-PROGRAM  WAGE  EARNINGS AS WELL AS OTHER APPROPRIATE MEASURES WHICH
INDICATE THE EXTENT TO WHICH PROGRAM ACTIVITIES MEET PROGRAM OBJECTIVES.
OTHER PERFORMANCE INDICATORS THAT APPROPRIATELY DESCRIBE THE  EFFECT  OF
THE  PROGRAM  AND  DATA WHICH REFLECTS FOLLOW-UP ACTIVITY APPROPRIATE TO
THE SERVICES PROVIDED SHALL ALSO BE INCLUDED AS PART OF THE  PERFORMANCE
REVIEW REPORT;
  (D)  A  STATEMENT  OF METHODOLOGY WHICH WILL RESULT IN A COMPARISON OF
PROGRAM OUTCOMES AGAINST PROGRAM OBJECTIVES; AND
  (E) ANY  ADDITIONAL  PERFORMANCE  REVIEW  OR  INFORMATION  AS  MAY  BE
REQUIRED BY LAW.
  2. (A) THE PERFORMANCE REVIEW REPORT FOR EACH PROGRAM SHALL BE SUBMIT-
TED TO THE COMMISSIONER FOR REVIEW AND RECOMMENDATION.
  (B)  THE  REPORT  SHALL INCLUDE, AT A MINIMUM, ALL PROGRAM DATA AND AN
ANALYSIS WHICH COMPARES PERFORMANCE OUTCOMES AGAINST PROGRAM  OBJECTIVES
AS  SPECIFIED  IN  THE  PERFORMANCE REVIEW COMPONENT OF THE PROGRAM PLAN
DEFINED HEREIN AND SHALL INCLUDE A PERFORMANCE REVIEW  OF  ACTIVITY  FOR
THE  COMPLETED  PROGRAM  YEAR  IMMEDIATELY PRECEDING THE ISSUANCE OF THE
REPORT AND AN INTERIM PERFORMANCE REVIEW OF CURRENT PROGRAM YEAR  ACTIV-
ITY IF APPLICABLE.
  3. BASED ON THE REVIEW CONDUCTED PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE A UNIFIED SUMMARY
OF  PERFORMANCE REVIEW REPORTS SUBMITTED BY EACH AGENCY PURSUANT TO THIS
ARTICLE FOR SUBMISSION TO THE SPEAKER OF THE ASSEMBLY AND THE  TEMPORARY
PRESIDENT OF THE SENATE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
FOURTEEN AND EACH YEAR THEREAFTER PROVIDED, HOWEVER, THAT THE DEPARTMENT
SHALL  MAKE  AVAILABLE EACH INDIVIDUAL PROGRAM PERFORMANCE REVIEW REPORT
SUBMITTED PURSUANT TO THIS ARTICLE UPON REQUEST OF THE LEGISLATURE.  THE
DEPARTMENT SHALL INCLUDE IN SUCH SUMMARY RECOMMENDATIONS TO THE GOVERNOR
AND  THE  LEGISLATURE  RELATING  TO  IMPROVED  PROGRAM  COORDINATION AND
SERVICE DELIVERY, PROGRAM IMPROVEMENTS  OR  ENHANCEMENTS  AND  NECESSARY
STATUTORY CHANGES.
  4.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW.
  S 2. This act shall take effect immediately.

S5533A (ACTIVE) - Bill Details

Current Committee:
Law Section:
Economic Development Law
Laws Affected:
Add Art 15 §§270 - 272, Ec Dev L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S1841A
2009-2010: S3306

S5533A (ACTIVE) - Bill Texts

view summary

Enacts the economic development performance review act and prescribes the functions and purposes of the special evaluation program bond act; requires state agencies involved in economic development activities to prepare an annual comprehensive performance review of their programs.

view sponsor memo
BILL NUMBER:S5533A

TITLE OF BILL: An act to amend the economic development law, in
relation to establishing the economic development performance review
act

SUMMARY OF PROVISIONS:

Adds a new Article 15 to the Economic Development Law which directs
any State agency engaged in economic development activities to prepare
an annual performance review of their programs.

JUSTIFICATION:

Economic development incentives remain important tools for communities
to attract and retain growing businesses. These incentives are by no
means giveaway programs. They are investments that must generate
positive economic returns by creating jobs and generating new tax
revenue. As such, we must ensure that state funded programs for
economic development are performance-based; programs must reach job
and investment goals in order to receive benefits. This bill would
ensure that economic development programs funded with state funds are
subject to annual review, enabling the state to evaluate the
effectiveness of these programs and make any necessary changes.

In addition, state legislature is ultimately accountable for the use
of state funds. As such, it must put in place proper procedures to
ensure fiscal accountability, to be able to determine if public funds
are being invested wisely in programs that have the greatest return to
the state. Smart investments in economic development create jobs and
create revenues for the state. Verifying that programs are working
brings a higher level of accountability to the use of public funds.

LEGISLATIVE HISTORY:

01/13/11 REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT & SMALL BUSINESS
01/04/12 REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT & SMALL BUSINESS
05/06/13 REFERRED TO COMMERCE, ECONOMIC DEVELOPMENT & SMALL BUSINESS

FISCAL IMPLICATIONS:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5533--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                              May 16, 2013
                               ___________

Introduced  by  Sen.  GIPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Commerce, Economic  Devel-
  opment and Small Business -- recommitted to the Committee on Commerce,
  Economic Development and Small Business in accordance with Senate Rule
  6,  sec. 8 -- 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 the economic development performance review act

  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
               ECONOMIC DEVELOPMENT PERFORMANCE REVIEW ACT
SECTION 270. DEFINITION.
        271. PROGRAM IMPLEMENTATION.
        272. PERFORMANCE REVIEW.
  S 270. DEFINITION. FOR PURPOSES OF THIS ARTICLE, "ECONOMIC DEVELOPMENT
PROGRAM"  SHALL MEAN A PROGRAM THAT PROVIDES SERVICES FOR THE PURPOSE OF
EFFECTING THE ECONOMIC CONDITIONS OF THE  STATE,  PROVIDES  TRAINING  OR
EMPLOYMENT  SERVICES,  SUPPORTS  AN  ECONOMIC  DEVELOPMENT  ACTIVITY  BY
ENHANCING THE SKILLS OF THE STATE'S WORKFORCE, PREPARES INDIVIDUALS  FOR
EMPLOYMENT,  IMPROVES  OPPORTUNITIES FOR INDIVIDUALS TO BECOME EMPLOYED,
OR PROMOTES THE STATE ECONOMY.
  S 271. PROGRAM IMPLEMENTATION. 1. ON OR BEFORE SEPTEMBER FIRST, IN THE
YEAR AFTER THIS SECTION BECAME LAW, EACH STATE  AGENCY  ADMINISTRATIVELY
RESPONSIBLE FOR ECONOMIC DEVELOPMENT ACTIVITIES SHALL PREPARE A SEPARATE
PLAN  FOR  EACH  PROGRAM  THAT  SUCH AGENCY ADMINISTERS. EACH PLAN SHALL
INCLUDE A DESCRIPTION OF PROPOSED PROGRAM ACTIVITIES, A DESCRIPTION OF A
MECHANISM FOR FUNDING DISTRIBUTION, PROGRAM OBJECTIVES, POPULATION TO BE
SERVED, INSTITUTIONS ELIGIBLE TO RECEIVE FUNDS, AND A DESCRIPTION OF THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07853-03-4

S. 5533--A                          2

COORDINATION AND LINKAGES BETWEEN THIS PROGRAM AND OTHER PROGRAM  ACTIV-
ITIES  FUNDED  SEPARATELY.  SUCH  PLAN  SHALL ALSO INCLUDE A PERFORMANCE
REVIEW COMPONENT AS PART OF THE IMPLEMENTATION  OF  EACH  PROGRAM  WHICH
SHALL  DESCRIBE  HOW  THE  AGENCY  WILL MONITOR THE DELIVERY OF SERVICES
UNDER THE PROGRAM AND WHICH SHALL SET FORTH THE MEASURE OF EFFECTIVENESS
OF THE SERVICES BEING PROVIDED.
  2. PROGRAM PLANS SHALL BE SUBMITTED TO THE DEPARTMENT, THE SPEAKER  OF
THE  ASSEMBLY  AND THE TEMPORARY PRESIDENT OF THE SENATE, FOR REVIEW AND
COMMENT.
  3. THE PROVISIONS OF THIS SECTION SHALL NOT  EXEMPT  ANY  AGENCY  FROM
REQUIREMENTS RELATING TO THE PREPARATION AND SUBMISSION OF PROGRAM PLANS
PURSUANT TO ANY OTHER PROVISION OF LAW.
  S  272.  PERFORMANCE  REVIEW. 1.   THE PERFORMANCE REVIEW COMPONENT OF
EACH PROGRAM PLAN SHALL, AT A MINIMUM, INCLUDE THE FOLLOWING:
  (A) A STATEMENT ON LEGISLATIVE HISTORY AND INTENT;
  (B) A  STATEMENT  OF  PROGRAM  OBJECTIVES  WHICH  IDENTIFIES  OUTCOMES
ATTRIBUTABLE TO THE PROGRAM, ANTICIPATED PERFORMANCE LEVELS, AND INDICA-
TORS OF THE EFFECTIVENESS OF THE PROGRAM;
  (C)  DEFINED  QUANTITATIVE  MEASURES WHICH WILL BE INCLUDED AS PART OF
THE  PERFORMANCE  REVIEW  REPORT  INCLUDING,  BUT  NOT  LIMITED  TO,   A
DESCRIPTION   OF  THE  TARGETED  POPULATION,  CRITERIA  FOR  PARTICIPANT
SELECTION, DEMOGRAPHICS ON PARTICIPANTS, MEASURES OF  PROGRAM  ACTIVITY,
INVENTORY  OF  SERVICES PROVIDED, AND BUDGET INFORMATION ON PROGRAMS AND
ADMINISTRATIVE EXPENDITURES INCLUDING, BUT NOT  LIMITED  TO,  COSTS  PER
PARTICIPANT.    FOR  THOSE PROGRAMS WHERE AN OBJECTIVE IS JOB PLACEMENT,
DATA SHALL INCLUDE INFORMATION ON  THE  OCCUPATIONS  WHICH  PARTICIPANTS
ENTER,  THE  RATE  OF  JOB  RETENTION,  PRE-PROGRAM  WAGE  EARNINGS  AND
POST-PROGRAM WAGE EARNINGS AS WELL AS OTHER APPROPRIATE  MEASURES  WHICH
INDICATE THE EXTENT TO WHICH PROGRAM ACTIVITIES MEET PROGRAM OBJECTIVES.
OTHER  PERFORMANCE  INDICATORS THAT APPROPRIATELY DESCRIBE THE EFFECT OF
THE PROGRAM AND DATA WHICH REFLECTS FOLLOW-UP  ACTIVITY  APPROPRIATE  TO
THE  SERVICES PROVIDED SHALL ALSO BE INCLUDED AS PART OF THE PERFORMANCE
REVIEW REPORT;
  (D) A STATEMENT OF METHODOLOGY WHICH WILL RESULT IN  A  COMPARISON  OF
PROGRAM OUTCOMES AGAINST PROGRAM OBJECTIVES; AND
  (E)  ANY  ADDITIONAL  PERFORMANCE  REVIEW  OR  INFORMATION  AS  MAY BE
REQUIRED BY LAW.
  2. (A) THE PERFORMANCE REVIEW REPORT FOR EACH PROGRAM SHALL BE SUBMIT-
TED TO THE COMMISSIONER FOR REVIEW AND RECOMMENDATION.
  (B) THE REPORT SHALL INCLUDE, AT A MINIMUM, ALL PROGRAM  DATA  AND  AN
ANALYSIS  WHICH COMPARES PERFORMANCE OUTCOMES AGAINST PROGRAM OBJECTIVES
AS SPECIFIED IN THE PERFORMANCE REVIEW COMPONENT  OF  THE  PROGRAM  PLAN
DEFINED  HEREIN  AND  SHALL INCLUDE A PERFORMANCE REVIEW OF ACTIVITY FOR
THE COMPLETED PROGRAM YEAR IMMEDIATELY PRECEDING  THE  ISSUANCE  OF  THE
REPORT  AND AN INTERIM PERFORMANCE REVIEW OF CURRENT PROGRAM YEAR ACTIV-
ITY IF APPLICABLE.
  3. BASED ON THE REVIEW CONDUCTED PURSUANT TO PARAGRAPH (A) OF SUBDIVI-
SION TWO OF THIS SECTION, THE DEPARTMENT SHALL PREPARE A UNIFIED SUMMARY
OF PERFORMANCE REVIEW REPORTS SUBMITTED BY EACH AGENCY PURSUANT TO  THIS
ARTICLE  FOR SUBMISSION TO THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY
PRESIDENT OF THE SENATE NO LATER THAN JANUARY THIRTY-FIRST, TWO THOUSAND
FIFTEEN AND EACH YEAR THEREAFTER PROVIDED, HOWEVER, THAT THE  DEPARTMENT
SHALL  MAKE  AVAILABLE EACH INDIVIDUAL PROGRAM PERFORMANCE REVIEW REPORT
SUBMITTED PURSUANT TO THIS ARTICLE UPON REQUEST OF THE LEGISLATURE.  THE
DEPARTMENT SHALL INCLUDE IN SUCH SUMMARY RECOMMENDATIONS TO THE GOVERNOR
AND  THE  LEGISLATURE  RELATING  TO  IMPROVED  PROGRAM  COORDINATION AND

S. 5533--A                          3

SERVICE DELIVERY, PROGRAM IMPROVEMENTS  OR  ENHANCEMENTS  AND  NECESSARY
STATUTORY CHANGES.
  4.  THE  PROVISIONS  OF  THIS SECTION SHALL NOT EXEMPT ANY AGENCY FROM
REQUIREMENTS PURSUANT TO ANY OTHER PROVISION OF LAW.
  S 2. This act shall take effect immediately.

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