S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4318                                                  A. 6362
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                               March 7, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
   ed,  and  when  printed  to be committed to the Committee on Commerce,
   Economic Development and Small Business
 
 IN ASSEMBLY -- Introduced by M. of A. THIELE, JONES  --  read  once  and
   referred to the Committee on Small Business

 AN  ACT  to amend the economic development law, the New York state urban
   development corporation act, the executive law and the state  adminis-
   trative  procedure  act,  in relation to assisting small businesses in
   this state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions 7, 8, 9, 10, 11 and 12 of section 134 of the
 economic development law, subdivision 7 as added by chapter 547  of  the
 laws  of  1976,  subdivision  8 as amended by chapter 361 of the laws of
 2009, subdivision 9 as amended by chapter  490  of  the  laws  of  1993,
 subdivision  10 as added by chapter 543 of the laws of 2002, subdivision
 11 as amended by chapter 463 of the laws of 2016, and subdivision 12  as
 amended  by  chapter  16  of  the  laws  of 2014, are amended to read as
 follows:
   7. review pending legislation affecting  small-businesses  and  report
 its findings to the commissioner; [and]
   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-bu-
 sinesses  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03250-01-9

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 of procedures necessary for competing  for  state  contracts,  including
 without  limitation  educating  small  contractors  about surety bonding
 requirements on state contracts, and identifying resources available  to
 such  contractors  in obtaining their first bond and in increasing their
 bonding capacity, including but not limited to the federal  small  busi-
 ness administration bond guarantee program[.];
   9.  ADVISE  AND  MAKE  RECOMMENDATIONS  TO THE COMMISSIONER ON MATTERS
 AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES;
   10. the commissioner and the commissioners of agriculture and  markets
 and  the  office of general services shall initiate and encourage small-
 business education programs and coordinate with  the  functions  of  the
 office  of  general  services, pursuant to subdivision (b) of THE FORMER
 section one hundred sixty-one-b of the state finance law, an information
 and outreach program directed toward informing  eligible  businesses  in
 the  state  of  procedures necessary for competing for purchases of food
 products pursuant to THE FORMER section one  hundred  seventy-four-a  of
 the  state  finance  law  and 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 informa-
 tion 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 THE FORMER section one hundred
 seventy-four-a of the state  finance  law  and  subdivision  eight-a  of
 section one hundred three of the general municipal law[.];
   [10.] 11. 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[.];
   [11.] 12. provide assistance to  small  business  in  the  state,  and
 facilitate  access  to  programs  serving small business, to ensure that
 such businesses benefit, as needed, from technical,  managerial,  finan-
 cial, and general business assistance; training; marketing; organization
 and personnel skill development; project management assistance; technol-
 ogy  assistance; bond and insurance education assistance; online market-
 place lending awareness and assistance; and other  business  development
 assistance.  In  addition,  either  independently or in conjunction with
 other state agencies:
   (a) develop a clearinghouse of information on  programs  and  services
 provided by entities that may assist such businesses;
   (b)  seek  to  maximize  utilization  by small businesses of available
 federal resources including but not limited to  federal  grants,  loans,
 loan  guarantees,  surety  bonding guarantees, technical assistance, and
 programs and services of the federal small business administration; and
   (c) develop and implement,  in  conjunction  with  the  department  of
 financial  services,  a small business online marketplace lending educa-
 tion and outreach campaign to educate businesses in plain-language as to
 the true costs associated with obtaining loans from  online  marketplace
 lenders  including  true and up-front transparent pricing and terms, the
 disclosure of annualized percentage  rates,  interest  rates,  fees  and
 charges;  disclosure  of terms for repayment, early repayment, and refi-
 nancing of a loan and any penalties that may be applied; and  any  other
 information  that  is  deemed  necessary  by  the department of economic
 development. The department of economic development  shall  develop  and
 implement  a  plan  to  distribute  such  information  to small business
 owners, including but not limited to, printed material,  publication  on
 the  internet  and  through  coordination with other state entities that

 S. 4318                             3                            A. 6362
 
 routinely interact with small businesses in this state.  The  department
 of economic development shall make translations of all educational mate-
 rials  available in languages other than English, including the six most
 common non-English languages spoken by individuals in this state[.]; AND
   [12.]  13.  compile an annual report on the state of small businesses,
 particularly those with twenty-five employees or  less  which  shall  be
 known  as  micro-businesses  under  this  subdivision.  The commissioner
 shall, on or before June first, two thousand fourteen and annually ther-
 eafter, submit to the governor, the temporary president  of  the  senate
 and  the speaker of the assembly a report that shall include, but not be
 limited to, the following information for each calendar year:
   (a) the growth and economic trends of small businesses  which  may  be
 categorized by various small business sizes and/or sectors;
   (b)  an analysis of relevant and available employment, statistical and
 economic data of the various small business sectors throughout New  York
 state, which may be categorized by various small business sizes;
   (c) suggestions to improve the efficiency of existing loan programs;
   (d) suggestions to improve small business growth;
   (e) statistical and economic analysis of the state of small businesses
 by various small business sizes and/or sectors; and
   (f)  identification  and  review  of  the local and state regulations,
 fines and penalties particular to small businesses which may be categor-
 ized by various small business sizes and/or sectors.
   The division shall collaborate with other state and local agencies  to
 develop  the  annual  report. The office shall maintain and publish such
 information on the small business directory webpage  in  a  manner  that
 allows  individuals  to  search  the  report  by  name, date, or type of
 statistics. The format of  the  annual  report  shall  be  developed  in
 consultation  with  various small business owners to ensure the informa-
 tion collected, analyzed, and published for the purposes of this  subdi-
 vision is representative of all small businesses in the state.
   § 2. Section 1 of chapter 174 of the laws of 1968 constituting the New
 York  state urban development corporation act is amended by adding a new
 section 16-bb to read as follows:
   § 16-BB. MAIN STREET CENTER GRANT PROGRAM. 1.  THE  CORPORATION  SHALL
 ADMINISTER  A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH OF
 THE COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE  BOROUGHS
 OF NEW YORK CITY.
   2.  EACH  COUNTY  MAIN  STREET  CENTER  SHALL BE ELIGIBLE TO RECEIVE A
 MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION
 OF THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A  FULL-
 TIME  EMPLOYEE  TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS MAY BE
 USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
   3. EACH CENTER SHALL HOUSE A  COMPREHENSIVE  LIBRARY  OF  MAIN  STREET
 PUBLICATIONS AVAILABLE TO BE LOANED.
   4.  EACH  CENTER  SHALL  DEVELOP  A  CENTRAL DATABASE OF ALL STATE AND
 FEDERAL GRANT RESOURCES. THE  CORPORATION  SHALL  ASSIST  LOCALITIES  IN
 IDENTIFYING  POTENTIAL  SOURCES OF FUNDING AND PROVIDE TECHNICAL ASSIST-
 ANCE REGARDING GRANT PROCUREMENT.
   5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR-
 ING THAT FACADE RENOVATIONS ARE DONE  IN  A  MANNER  THAT  RESPECTS  THE
 ARCHITECTURE  OF  THE  BUILDING TO BE RENOVATED AND HELPS TO ENHANCE THE
 HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
   § 3. The executive law is amended by adding two new sections 102-a and
 149-a to read as follows:

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   § 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
 ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, ALL RULE-MAKING  DOCU-
 MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT.
 THE  SECRETARY  OF  STATE  SHALL  MAKE  SUCH DOCUMENTS AVAILABLE WITHOUT
 CHARGE  TO  THE  PUBLIC ELECTRONICALLY, AND SHALL DISSEMINATE SUCH DOCU-
 MENTS WITHOUT CHARGE TO INTERESTED PARTIES BY VARIOUS  MEANS,  INCLUDING
 AT  A  MINIMUM  THROUGH ONE OR MORE ELECTRONIC MAILING LISTS, RSS FEEDS,
 AND ANY OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO  BE  EFFECTIVE
 IN  PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION. AT
 LEAST ONE SUCH MEANS SHALL UTILIZE A RULES TRACKER  PROGRAM  OR  SIMILAR
 PROGRAM  THAT  ENABLES  A  USER TO CUSTOMIZE THE RULE-MAKING INFORMATION
 THAT WILL BE PROVIDED.
   2. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "RSS"  OR  "RICH  SITE
 SUMMARY"  SHALL  MEAN  A  FORMAT  FOR  DELIVERING REGULARLY CHANGING WEB
 CONTENT.
   § 149-A. ONLINE PUBLICATION OF STATE REGISTER.  1.  THE  SECRETARY  OF
 STATE  SHALL  PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER ON ITS
 WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE.
   2. THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES  AND
 REGULATIONS  OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN A
 LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER.
   § 4. Paragraph (a) of subdivision 6-a of  section  202  of  the  state
 administrative  procedure  act, as amended by chapter 295 of the laws of
 2017, is amended to read as follows:
   (a) An agency shall transmit a copy of any rule making notice prepared
 pursuant to this article to the governor, the temporary president of the
 senate, the speaker of the assembly, THE MINORITY LEADER OF THE ASSEMBLY
 and the administrative regulations review commission at  the  time  such
 notice  is  submitted  to  the secretary of state for publication in the
 state register. Such transmittal shall include the complete  rule  text,
 regulatory impact statement, regulatory flexibility analysis, rural area
 flexibility  analysis,  or  revisions thereof, and any other information
 submitted to the secretary of state pursuant to this article.
   § 5. This act shall take effect immediately.