S T A T E O F N E W Y O R K
________________________________________________________________________
4083
2023-2024 Regular Sessions
I N A S S E M B L Y
February 9, 2023
___________
Introduced by M. of A. CUNNINGHAM -- read once and referred to the
Committee on Economic Development
AN ACT to amend the public authorities law and the economic development
law, in relation to expanding employee ownership assistance for trans-
gender and non-binary individuals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1836-a of the public authorities law, as added by
chapter 788 of the laws of 1983, is amended to read as follows:
§ 1836-a. Legislative findings. The legislature hereby finds and
declares that the health, safety and general welfare of the people of
this state are directly dependent upon the state economy, and that one
of the principal problems of our present economy is the permanent clos-
ing of industrial and manufacturing plants, AND OTHER BUSINESSES, and
their relocation out of state, which results in the loss of jobs and
increasing unemployment.
It is the purpose of this subtitle to encourage [the] employees of
plants AND OTHER BUSINESSES that are about to be permanently closed, or
relocated, to acquire such plants AND BUSINESSES and to continue to
operate them as employee-owned enterprises, thereby retaining the jobs
that would otherwise be lost, and strengthening the economic base of
this state.
§ 2. Subdivisions 3, 4 and 8 of section 1836-b of the public authori-
ties law, subdivisions 3 and 8 as added by chapter 788 of the laws of
1983, and subdivision 4 as amended by chapter 805 of the laws of 1985,
are amended to read as follows:
3. "Eligible project" means the acquisition or rehabilitation by an
employee ownership association of an existing industrial or manufactur-
ing plant OR OTHER BUSINESS located in this state for the purpose of
operating it as an employee-owned enterprise.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07606-02-3
A. 4083 2
4. "Employee ownership association" means a corporation or other asso-
ciation formed by or on behalf of the employees of an industrial or
manufacturing plant OR BUSINESS located in this state for the purpose of
assuming ownership or control of the plant OR BUSINESS and operating it
as an employee-owned enterprise or as a worker cooperative as defined in
section eighty-one of the cooperative corporations law.
8. "BUSINESS" INCLUDES A SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPO-
RATION OPERATING IN THIS STATE.
9. "Project cost" includes all reasonable and necessary costs to be
incurred in the course of an eligible project, including any anticipated
acquisition, construction, land acquisition, improvements, equipment,
pertinent rights and easements, and associated technical, engineering,
legal and financial services.
§ 3. Paragraph (b) of subdivision 1 of section 1836-c of the public
authorities law, as added by chapter 788 of the laws of 1983, is amended
to read as follows:
(b) the history and circumstances of the plant OR BUSINESS to be
acquired;
§ 4. Section 1836-d of the public authorities law, as added by chapter
788 of the laws of 1983, is amended to read as follows:
§ 1836-d. Loan preferences. In approving applications for loans under
this subtitle, the authority shall give preference to projects which:
1. HAVE A MEMBERSHIP CONSISTING OF A MAJORITY OF MINORITY, TRANSGEN-
DER, OR NON-BINARY MEMBERS;
2. have a higher level of funding from the funding partners;
[2.] 3. have the most direct impact on local economic development and
the creation or retention of employment opportunities;
[3.] 4. are most likely to stimulate other private sector investments;
and
[4.] 5. are least speculative, and provide greatest assurance of
repayment of the loan.
§ 5. Subdivision 7 of section 104-a of the economic development law,
as added by chapter 788 of the laws of 1983, is amended to read as
follows:
7. Identify [industrial and manufacturing] businesses that are in
danger of being permanently closed or relocated out of state, which
results in the loss of jobs and increasing unemployment, and assist the
businesses and employees of such businesses by distributing information
about the provisions of this section.
§ 6. Subdivisions 3 and 4 of section 210 of the economic development
law, as amended by chapter 669 of the laws of 2022, are amended to read
as follows:
3. "Minority business enterprise" shall mean any business enterprise
which is at least fifty-one per centum owned by, or in the case of a
publicly owned business at least fifty-one per centum of the stock of
which is owned by, citizens or permanent resident noncitizens who are
TRANSGENDER OR NON-BINARY, Black, Hispanic, Asian or American Indian,
Pacific Islander or Alaskan Native where such ownership interest is
real, substantial and continuing and where such persons have the author-
ity to independently control the day-to-day business decisions of the
entity.
4. "Minority group member" shall mean a United States citizen or
permanent resident noncitizen who is and can demonstrate membership in
one of the following groups:
(a) Black persons having origins in any of the Black African racial
groups not of Hispanic origin;
A. 4083 3
(b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American descent of either Indian or Hispanic origin,
regardless of race;
(c) Asian and Pacific Islander persons having origins in the Far East,
Southeast Asia, the Indian sub-continent or the Pacific Islands; or
(d) American Indian or Alaskan Native persons having origins in any of
the original peoples of North America; OR
(E) TRANSGENDER OR NON-BINARY.
§ 7. This act shall take effect immediately.