The New York State Senate

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

                                 6105--A

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 23, 2017
                               ___________

Introduced  by  M. of A. KOLB, OAKS, PALMESANO, STEC, BRABENEC, BLANKEN-
  BUSH, GIGLIO -- Multi-Sponsored by -- M. of  A.  BUTLER,  DiPIETRO  --
  read  once  and  referred  to the Committee on Economic Development --
  recommitted 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 24 to read as follows:
                               ARTICLE 24
                             GROWNY PROGRAM
SECTION 470. GROWNY PILOT PROGRAM.
  § 470. 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.

                                                           LBD00275-03-8

A. 6105--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. 6105--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 NINETEEN AND ANNUALLY THEREAFT-
ER,  THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPORARY
PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEAD-
ER 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.
  § 2. This act shall take effect immediately.