The New York State Senate

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

                                 2677--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

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

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

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

  Section 1. The economic development law is amended  by  adding  a  new
article 23 to read as follows:
                               ARTICLE 23
                             GROWNY PROGRAM
SECTION 450. GROWNY PILOT PROGRAM.
  S 450. GROWNY PILOT PROGRAM. 1. (A) THERE IS HEREBY CREATED WITHIN THE
DEPARTMENT THE GROWNY PILOT PROGRAM. THE PURPOSE OF THE PILOT PROGRAM IS
TO  STIMULATE  INVESTMENT  IN  THE  STATE ECONOMY BY PROVIDING TECHNICAL
ASSISTANCE FOR EXPANDING BUSINESSES IN THE STATE.
  (B) THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO PROMULGATE ALL NECES-
SARY RULES AND  REGULATIONS  REQUIRED  TO  IMPLEMENT  THE  GROWNY  PILOT
PROGRAM.
  2. (A) THE DEPARTMENT SHALL CONTRACT WITH REGIONAL NON-PROFIT ECONOMIC
DEVELOPMENT ENTITIES TO ADMINISTER THE PILOT PROGRAM UNDER THIS SECTION.
THE  DEPARTMENT  SHALL  AWARD  COMPETITIVE  GRANTS OF UP TO FIVE HUNDRED
THOUSAND DOLLARS A YEAR FOR A PERIOD OF UP TO FIVE YEARS TO EACH  ENTITY
THAT  DEMONSTRATES  THE  ABILITY TO IMPLEMENT THE PILOT PROGRAM IN THEIR
REGION, HAS AN OUTREACH PLAN, AND HAS THE ABILITY TO PROVIDE  COUNSELING
SERVICES,  ACCESS  TO TECHNOLOGY AND INFORMATION, MARKETING SERVICES AND
ADVICE, BUSINESS MANAGEMENT SUPPORT, AND OTHER SIMILAR SERVICES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01154-05-6

A. 2677--A                          2

  (B) CONTRACTS WITH SELECTED ECONOMIC DEVELOPMENT ENTITIES SHALL BE FOR
A PERIOD OF FIVE YEARS AND SHALL BE REEVALUATED BY THE DEPARTMENT  EVERY
TWELVE  MONTHS  TO  ENSURE  SUCH ENTITIES CONTINUE TO PROVIDE A POSITIVE
ECONOMIC BENEFIT TO THE COMMUNITY AND CONFORM TO THE  PROGRAM  CRITERIA.
CONTRACTED  ENTITIES SHALL NOT LIMIT SERVICES OFFERED UNDER THIS PROGRAM
TO MEMBERS OF SUCH ENTITY AND SHALL SEEK TO PROVIDE  ECONOMIC  GARDENING
SERVICES  TO  EVERY  ELIGIBLE  BUSINESS  THAT  MEETS THE CRITERIA OF THE
PROGRAM.
  (C) CONTRACTED ENTITIES SHALL COORDINATE THEIR EFFORTS WITH THE  LOCAL
NEW  YORK STATE SMALL BUSINESS DEVELOPMENT CENTER OR OTHER LEAD ECONOMIC
DEVELOPMENT ORGANIZATIONS IN COUNTIES AND CITIES WITHIN  THE  REGION  OF
THE CONTRACTED ENTITY AND SHALL ESTABLISH A REFERRAL SYSTEM AND LINKAGES
TO EXISTING AREA SMALL BUSINESS ASSISTANCE PROGRAMS AND FINANCING SOURC-
ES.
  3.  A  CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM SHALL PROVIDE
TECHNICAL ASSISTANCE FOR ELIGIBLE BUSINESSES WHICH INCLUDES, BUT IS  NOT
LIMITED TO:
  (A) ACCESS TO AFFORDABLE INFORMATION SERVICES AND CONSULTING SERVICES,
INCLUDING  INFORMATION  ON MARKETS, CUSTOMERS, AND COMPETITORS, BUSINESS
DATABASES, GEOGRAPHIC INFORMATION SYSTEMS,  INTERNET  AND  SOCIAL  MEDIA
STRATEGIES,  BUSINESS TO BUSINESS REFERRALS, AND SEARCH ENGINE OPTIMIZA-
TION;
  (B) DEVELOPMENT OF BUSINESS  CONNECTIONS,  INCLUDING  INTERACTION  AND
EXCHANGE   AMONG  BUSINESS  OWNERS  AND  RESOURCE  PROVIDERS,  INCLUDING
COLLEGES AND UNIVERSITIES, TRADE  ASSOCIATIONS,  THINK  TANKS,  ACADEMIC
INSTITUTIONS,  BUSINESS  ROUNDTABLES,  FINANCIAL  SERVICE  AND WORKFORCE
DEVELOPMENT PROVIDERS, PEER-TO-PEER  LEARNING  SESSIONS,  AND  MENTORING
PROGRAMS;
  (C) ASSISTANCE IN DEVELOPING A LISTING OF SHOVEL READY SITES CURRENTLY
AVAILABLE TO THE NEEDS OF THE BUSINESS;
  (D)  ASSISTANCE IN UNDERSTANDING STATE LAWS AND REGULATIONS APPLICABLE
TO SUCH BUSINESS;
  (E) ANY OTHER FORM OF CONSULTATION AND TECHNICAL ASSISTANCE  THAT  MAY
BE  PROVIDED  TO  THE  ELIGIBLE BUSINESS TO ASSIST WITH ITS BUSINESS AND
MARKETING NEEDS.
  4. (A) THIS PROGRAM SHALL BE TARGETED AT EMERGING  GROWTH  BUSINESSES,
KNOWN AS SECOND STAGE COMPANIES. TO BE ELIGIBLE FOR ASSISTANCE UNDER THE
PILOT  PROGRAM, A BUSINESS MUST BE A FOR-PROFIT, PRIVATELY HELD BUSINESS
THAT EMPLOYS AT LEAST  FIVE  PERSONS,  BUT  NOT  MORE  THAN  NINETY-NINE
PERSONS, HAS MAINTAINED ITS PRINCIPAL PLACE OF BUSINESS IN THE STATE FOR
AT  LEAST  THE  PREVIOUS TWO YEARS, AND GENERATES AT LEAST SEVEN HUNDRED
FIFTY THOUSAND DOLLARS, BUT NOT MORE  THAN  FIFTY  MILLION  DOLLARS,  IN
ANNUAL  REVENUE.  THE  COMMISSIONER  SHALL  HAVE  THE  AUTHORITY TO MAKE
EXCEPTIONS TO THESE PROVISIONS AT HIS OR HER SOLE DISCRETION.
  (B) A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM, IN  SELECTING
THE  ELIGIBLE BUSINESSES TO RECEIVE ASSISTANCE, SHALL ACTIVELY REACH OUT
TO BUSINESSES IN MORE THAN ONE INDUSTRY  CLUSTER  AND,  TO  THE  MAXIMUM
EXTENT  PRACTICABLE,  SHALL  CHOOSE  BUSINESSES  THAT ARE GEOGRAPHICALLY
DISTRIBUTED THROUGHOUT THE REGION WITH THE GREATEST  POTENTIAL  FOR  JOB
GROWTH.
  5.  (A)  A  BUSINESS RECEIVING ASSISTANCE UNDER THE PILOT PROGRAM MUST
ENTER INTO AN AGREEMENT WITH THE  CONTRACTED  ENTITY  ADMINISTERING  THE
PROGRAM  TO  ESTABLISH  THE BUSINESS' COMMITMENT TO PARTICIPATION IN THE
PILOT PROGRAM. THE ARRANGEMENT MUST REQUIRE,  AT  A  MINIMUM,  THAT  THE
BUSINESS:

A. 2677--A                          3

  (I)  ATTEND  A MINIMUM NUMBER OF MEETINGS BETWEEN THE BUSINESS AND THE
CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM. SUCH  MEETINGS  SHALL
BE HELD AT THE CONVENIENCE OF THE BUSINESS;
  (II)  REPORT  INVESTMENT, REVENUE, AND JOB CREATION AND RETENTION DATA
IN THE MANNER PRESCRIBED BY  THE  CONTRACTED  ENTITY  ADMINISTERING  THE
PILOT PROGRAM; AND
  (III)  PROVIDE NON-PROPRIETARY FINANCIAL DATA IN THE MANNER PRESCRIBED
BY THE CONTRACTED ENTITY ADMINISTERING THE PROGRAM.
  (B)  THE  REGIONAL  NON-PROFIT  ECONOMIC  DEVELOPMENT  ENTITY  OR  THE
CONTRACTED  ENTITY  ADMINISTERING  THE  PILOT  PROGRAM  SHALL REPORT THE
INFORMATION TO THE DEPARTMENT ON AN ANNUAL BASIS.
  6. A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM  IS  AUTHORIZED
TO PROMOTE THE GENERAL BUSINESS INTERESTS OR INDUSTRIAL INTERESTS OF THE
STATE.
  7.  THE  DEPARTMENT SHALL REVIEW THE PROGRESS OF THE CONTRACTED ENTITY
ADMINISTERING THE PILOT PROGRAM AT LEAST ONCE EVERY  TWELVE  MONTHS  AND
SHALL DETERMINE WHETHER THE CONTRACTED ENTITY IS MEETING ITS CONTRACTUAL
OBLIGATIONS  FOR  ADMINISTERING  THE  PILOT  PROGRAM. THE DEPARTMENT MAY
TERMINATE AND REBID A CONTRACT IF THE CONTRACTED ENTITY  DOES  NOT  MEET
ITS CONTRACTUAL OBLIGATIONS.
  8.  BY  MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THERE-
AFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVERNOR, THE  TEMPO-
RARY  PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADER OF THE SENATE AND THE  MINORITY  LEADER  OF  THE  ASSEMBLY  WHICH
DESCRIBES IN DETAIL THE PROGRESS OF THE GROWNY PILOT PROGRAM. THE REPORT
SHALL INCLUDE, BUT IS NOT LIMITED TO, THE NUMBER OF BUSINESSES RECEIVING
ASSISTANCE,  THE NUMBER OF FULL-TIME EQUIVALENT JOBS CREATED OR RETAINED
AS A RESULT OF THE ASSISTANCE, IF ANY, AND THE AGGREGATE AMOUNT OF WAGES
PAID TO SUCH EMPLOYEES.
  S 2. This act shall take effect immediately.