Senate Bill S8406

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8406
 
                             I N  S E N A T E
 
                             February 23, 2022
                                ___________
 
 Introduced  by  Sen. HELMING -- 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 New York first--shop local program
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 100 of the economic development law is amended by
 adding a new subdivision 18-j to read as follows:
   18-J. TO ESTABLISH, IN COOPERATION WITH THE URBAN  DEVELOPMENT  CORPO-
 RATION,  A  PROGRAM  TO  PROMOTE  LOCAL BUSINESSES AND INDUSTRIES IN THE
 STATE IN A MANNER CONSISTENT WITH THE PROVISIONS OF  ARTICLE  FIVE-G  OF
 THIS CHAPTER.
   §  2.  The economic development law is amended by adding a new article
 5-G to read as follows:
                                ARTICLE 5-G
                    NEW YORK FIRST--SHOP LOCAL PROGRAM
 SECTION 181-H. LEGISLATIVE FINDINGS AND INTENT.
         181-I. DEFINITIONS.
         181-J. NEW YORK FIRST--SHOP LOCAL PROGRAM.
         181-K. APPLICATION PROCESS.
         181-L. NEW YORK FIRST--SHOP LOCAL PROGRAM GRANTS.
         181-M. REPORTING REQUIREMENTS.
         181-N. ASSISTANCE OF OTHER STATE AGENCIES.
         181-O. FUNCTIONS, POWERS AND DUTIES  OF  OTHER  DEPARTMENTS  AND
                  STATE AGENCIES.
   §  181-H.  LEGISLATIVE  FINDINGS  AND INTENT. THE LEGISLATURE SEEKS TO
 PROVIDE IMMEDIATE ASSISTANCE TO SMALL BUSINESSES IMPACTED BY THE  COVID-
 19 OUTBREAK. THE STATE RELIES ON SMALL BUSINESSES TO STABILIZE LOCAL TAX
 BASES, SUPPORT COMMUNITY AND CHARITABLE ORGANIZATIONS AND GROW OUR ECON-
 OMY.  THE LEGISLATURE NEEDS TO SUPPORT THESE "MOM AND POP" BUSINESSES TO
 HELP THEM GET BACK UP AND RUNNING. TO SUPPORT THIS  INITIATIVE,  WE  ARE
 DIRECTING  THE  DEPARTMENT  TO PROVIDE MARKETING AND BUSINESS ASSISTANCE
 GRANTS TO  ALLOW  NOT-FOR-PROFIT  ORGANIZATIONS,  ASSOCIATIONS,  MUNICI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD08054-01-1
 S. 8406                             2
 
 PALITIES, PUBLIC BENEFITS CORPORATIONS AND FOR-PROFIT COMPANIES TO HIGH-
 LIGHT  ALL THE GREAT PRODUCTS AND SERVICES OUR LOCAL COMMUNITIES HAVE TO
 OFFER. SUPPORTING LOCAL INITIATIVES KEEPS MORE MONEY IN  THE  COMMUNITY,
 SUSTAINS  LOCAL  JOBS, STRENGTHENS THE ECONOMY, IMPROVES QUALITY OF LIFE
 AND ENHANCES CUSTOMER SERVICE. BY SHOPPING AT A  LOCALLY-OWNED  BUSINESS
 RATHER  THAN INTERNATIONAL RETAILERS, CONSUMERS CAN HAVE A DIRECT IMPACT
 IN THEIR COMMUNITY'S RECOVERY.  THE NEW YORK FIRST--SHOP  LOCAL  PROGRAM
 WILL  SUPPORT MARKETING CAMPAIGNS AND SOCIAL MEDIA STRATEGIES AS WELL AS
 PROVIDE VALUABLE BUSINESS ASSISTANCE, INCLUDING SEARCH ENGINE  OPTIMIZA-
 TION.  THIS PROGRAM WILL HELP TO BRIDGE THE DIGITAL DIVIDE AND ENCOURAGE
 NEW AND EXISTING CUSTOMERS TO BUY LOCAL.
   § 181-I. DEFINITIONS. AS USED IN THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ELIGIBLE APPLICANTS" INCLUDE NOT-FOR-PROFIT ORGANIZATIONS, ASSOCI-
 ATIONS,  MUNICIPALITIES,  PUBLIC  BENEFITS  CORPORATIONS  AND FOR-PROFIT
 COMPANIES. ELIGIBLE PROJECTS SHALL FOCUS ON  LOCAL  COMMUNITIES  IN  NEW
 YORK STATE.
   2.  "ELIGIBLE PROJECTS" INCLUDE, BUT ARE NOT LIMITED TO, PRINT, BROAD-
 CAST OR ELECTRONIC MEDIA CAMPAIGNS, CONFERENCES, PUBLICATIONS,  DOCUMEN-
 TARY  PRODUCTIONS,  INSTRUCTIONAL MATERIALS, AND PUBLIC EXHIBITIONS.  IN
 ADDITION, ELIGIBLE PROJECTS MAY INCLUDE CONSULTING SERVICES ON  MARKETS,
 CUSTOMERS,  AND  COMPETITORS, BUSINESS DATABASES, GEOGRAPHIC INFORMATION
 SYSTEMS, INTERNET AND SOCIAL  MEDIA  STRATEGIES,  BUSINESS  TO  BUSINESS
 REFERRALS, AND SEARCH ENGINE OPTIMIZATION.
   §  181-J.  NEW  YORK  FIRST--SHOP  LOCAL  PROGRAM.  1. THERE IS HEREBY
 CREATED WITHIN THE DEPARTMENT THE NEW YORK  FIRST--SHOP  LOCAL  PROGRAM.
 SUCH  PROGRAM  SHALL  IDENTIFY  ELIGIBLE  APPLICANTS  AND  PROJECTS THAT
 PROMOTE LOCAL PRODUCTS AND SERVICES BY PROVIDING MARKETING AND  BUSINESS
 ASSISTANCE SERVICES.
   2. THE COMMISSIONER SHALL CONDUCT A PUBLIC OUTREACH CAMPAIGN TO INFORM
 THE  PUBLIC  OF THE CREATION OF THE PROGRAM AND ENCOURAGE ELIGIBLE ENTI-
 TIES TO APPLY. ALL PROGRAM INFORMATION SHALL BE MADE PUBLICLY  AVAILABLE
 AND SHALL BE POSTED ON THE DEPARTMENT WEBSITE.
   § 181-K. APPLICATION PROCESS. 1. THE COMMISSIONER SHALL, WITHIN THIRTY
 DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS  SECTION,  ISSUE  A REQUEST FOR
 PROPOSALS FOR THE NEW YORK FIRST--SHOP LOCAL PROGRAM THAT SHALL INCLUDE,
 BUT NOT BE LIMITED TO, THE OBJECTIVES OF THE  PROGRAM  AND  THE  SCORING
 CRITERIA THAT SHALL BE USED AND APPLIED FOR SELECTION.
   2. APPLICATIONS SHALL INCLUDE THE SCHEDULE, BUDGET, SCOPE, AND USES OF
 MARKETING  FUNDS AS WELL AS ANY ADDITIONAL BUSINESS ASSISTANCE SERVICES.
 APPLICATIONS SHALL IDENTIFY THE SPECIFIC TARGETS AND AUDIENCES FOR  SUCH
 MARKETING  PROGRAMS, THE GEOGRAPHIC REACH OF THE PROGRAM AND SHALL IDEN-
 TIFY APPROPRIATE AND PRACTICAL WAYS TO MEASURE THE  ECONOMIC  IMPACT  OF
 THE PROGRAM.
   §  181-L. NEW YORK FIRST--SHOP LOCAL PROGRAM GRANTS. 1. THE DEPARTMENT
 SHALL, WITHIN AVAILABLE APPROPRIATIONS, AWARD GRANTS TO  ELIGIBLE  ENTI-
 TIES  AND  ORGANIZATIONS  AS  SET FORTH IN THIS ARTICLE ON A COMPETITIVE
 BASIS AND IN RESPONSE TO REQUESTS FOR PROPOSALS ISSUED  BY  THE  DEPART-
 MENT. GRANTS SHALL NOT EXCEED TEN THOUSAND DOLLARS PER PROJECT.
   2.  UPON  SUBMISSION AND APPROVAL OF EACH APPLICATION AND THE AUTHORI-
 ZATION OF FUNDS BY THE COMMISSIONER IN ACCORDANCE THEREWITH, THE COMMIS-
 SIONER SHALL GIVE NOTICE TO THE ELIGIBLE APPLICANT OF SUCH APPROVAL  AND
 AUTHORIZATION  AND  REMIT SUCH GRANT FUNDING IMMEDIATELY. AT SUCH POINT,
 AN APPROVED APPLICANT MAY PROCEED WITH ITS PROPOSED  BUSINESS  MARKETING
 AND BUSINESS ASSISTANCE PROGRAM AS DESCRIBED IN ITS APPLICATION.
 S. 8406                             3
 
   §  181-M.  REPORTING  REQUIREMENTS.  1.  EACH  FUNDING RECIPIENT SHALL
 PROVIDE AN ANNUAL FINANCIAL STATEMENT PREPARED  ACCORDING  TO  GENERALLY
 ACCEPTED ACCOUNTING PRINCIPLES TO THE COMMISSIONER.
   2.  THE DEPARTMENT SHALL ANNUALLY, ON OR BEFORE FEBRUARY FIRST, SUBMIT
 TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE  SPEAKER  OF
 THE  ASSEMBLY, THE MINORITY LEADER OF THE SENATE AND THE MINORITY LEADER
 OF THE ASSEMBLY, A REPORT ON THE ACTIVITIES OF THE NEW YORK  FIRST--SHOP
 LOCAL  PROGRAM.  SUCH  REPORT  SHALL  INCLUDE A SUMMARY OF THE FINANCIAL
 STATEMENTS RECEIVED BY THE DEPARTMENT FROM FUNDED ENTITIES, A SUMMARY OF
 ACTIVITIES CONDUCTED AND ANALYSES OF THE EFFECTIVENESS OF THE PROGRAM IN
 STIMULATING ECONOMIC GROWTH, BUSINESS RETENTION AND JOB CREATION.
   § 181-N.  ASSISTANCE  OF  OTHER  STATE  AGENCIES.  TO  EFFECTUATE  THE
 PURPOSES  OF  THIS  ARTICLE,  THE  COMMISSIONER MAY REQUEST AND SHALL BE
 ENTITLED TO RECEIVE FROM ANY STATE AGENCY, AND THE SAME  ARE  AUTHORIZED
 TO  PROVIDE SUCH ASSISTANCE, SERVICE, FACILITIES AND DATA AS WILL ENABLE
 THE PROGRAM TO CARRY OUT THE FUNCTIONS, POWERS AND  DUTIES  PROVIDED  BY
 THIS ARTICLE AND SUCH TEMPORARY OR PERMANENTLY ASSIGNED PERSONNEL AS THE
 DIRECTOR OF THE BUDGET MAY APPROVE.
   §  181-O.  FUNCTIONS, POWERS AND DUTIES OF OTHER DEPARTMENTS AND STATE
 AGENCIES. NOTHING CONTAINED IN THIS ARTICLE SHALL BE DEEMED  TO  DETRACT
 IN ANY WAY FROM THE FUNCTIONS, POWERS OR DUTIES PRESCRIBED BY LAW OF ANY
 DEPARTMENT OF THE STATE OR TO INTERRUPT OR PRECLUDE THE DIRECT RELATION-
 SHIP  OF  ANY SUCH DEPARTMENT OR AGENCY WITH OTHER AGENCIES, INDIVIDUALS
 OR CORPORATIONS FOR THE  CARRYING  OUT  OF  ITS  FUNCTIONS,  POWERS  AND
 DUTIES.
   §  3. Notwithstanding any other law, rule or regulation to the contra-
 ry, the executive is hereby authorized to repurpose all  monies  of  the
 department  of economic development and New York state urban development
 corporation to fully fund programs created by this act.
   § 4. This act shall take effect immediately.