S T A T E O F N E W Y O R K
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8474
2025-2026 Regular Sessions
I N A S S E M B L Y
May 16, 2025
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Introduced by M. of A. BUTTENSCHON -- (at request of the Empire State
Development) -- read once and referred to the Committee on Small Busi-
ness
AN ACT to amend the economic development law, in relation to establish-
ing the small business environmental support office; and to repeal
certain provisions of such law relating thereto
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 138 of the economic development law is REPEALED and
a new section 138 is added to read as follows:
§ 138. SMALL BUSINESS ENVIRONMENTAL SUPPORT OFFICE. 1. THERE IS HERE-
BY ESTABLISHED WITHIN THE DEPARTMENT A SMALL BUSINESS ENVIRONMENTAL
SUPPORT OFFICE TO PROVIDE OMBUDSMAN SERVICES TO SMALL BUSINESSES ON
ISSUES RELATING TO POLLUTION PREVENTION AND COMPLIANCE WITH THE ENVIRON-
MENTAL CONSERVATION LAW.
2. SUCH OFFICE SHALL PROVIDE THE FOLLOWING SERVICES:
A. SOLICITING INPUT FROM SMALL BUSINESSES REGARDING POLLUTION
PREVENTION AND COMPLIANCE WITH THE ENVIRONMENTAL CONSERVATION LAW,
INCLUDING INTERACTING WITH ORGANIZATIONS REPRESENTING SMALL BUSINESSES
SUCH AS TRADE ASSOCIATIONS OR OTHER ENTITIES;
B. PARTICIPATING IN, FACILITATING AND PROMOTING THE PARTICIPATION OF
SMALL BUSINESSES IN THE DEVELOPMENT AND IMPLEMENTATION OF RULES AND
REGULATIONS ADOPTED PURSUANT TO THE ENVIRONMENTAL CONSERVATION LAW;
C. PARTICIPATING IN AND SPONSORING MEETINGS WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, LOCAL ENVIRONMENTAL AGENCIES, INDUSTRY
GROUPS AND SMALL BUSINESS REPRESENTATIVES;
D. DISTRIBUTING TO SMALL BUSINESSES INFORMATION AND MATERIALS ON
POLLUTION PREVENTION AND THE REQUIREMENTS OF THE ENVIRONMENTAL CONSERVA-
TION LAW;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09946-02-5
A. 8474 2
E. AIDING IN THE INVESTIGATION AND RESOLUTION OF COMPLAINTS AND
DISPUTES INVOLVING SMALL BUSINESSES AND THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AND LOCAL ENVIRONMENTAL AUTHORITIES;
F. REVIEWING AND PROVIDING COMMENTS AND RECOMMENDATIONS TO THE UNITED
STATES ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF
REGULATIONS THAT IMPACT SMALL BUSINESSES;
G. REFERRING SMALL BUSINESSES TO SPECIALISTS FOR INFORMATION AND
ASSISTANCE ON AFFORDABLE ALTERNATIVE TECHNOLOGIES, PROCESS CHANGES,
PRODUCTS AND OPERATIONAL METHODS TO HELP ACHIEVE POLLUTION PREVENTION;
H. PROVIDING INFORMATION TO SMALL BUSINESSES ON STATE-SPONSORED
PROGRAMS OFFERING FINANCIAL AND TECHNICAL ASSISTANCE, AND IN LOCATING
SOURCES OF FUNDING FOR POLLUTION PREVENTION AND COMPLIANCE WITH THE
REQUIREMENTS OF THE ENVIRONMENTAL CONSERVATION LAW; AND
I. ESTABLISHING PROCEDURES FOR ASSURING THE CONFIDENTIALITY OF INFOR-
MATION RECEIVED FROM SMALL BUSINESSES.
3. THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT
APPLY TO RECORDS CONTAINING INFORMATION SUPPLIED BY SMALL BUSINESSES
SEEKING ASSISTANCE FROM THE OFFICE PURSUANT TO THE PROVISIONS OF THIS
SECTION.
4. THE DEPARTMENT, BEGINNING ON JUNE FIRST, TWO THOUSAND TWENTY-SIX,
AND ANNUALLY THEREAFTER, PROVIDED THE SMALL BUSINESS ENVIRONMENTAL
SUPPORT OFFICE REMAINS OPERATIONAL, SHALL SUBMIT A REPORT TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO:
A. A SUMMARY OF THE NUMBER OF BUSINESSES THAT SOUGHT ASSISTANCE FROM
THE SMALL BUSINESS ENVIRONMENTAL SUPPORT OFFICE DURING THE PREVIOUS
STATE FISCAL YEAR; AND
B. THE TOTAL NUMBER OF BUSINESSES THAT HAVE SOUGHT ASSISTANCE FROM THE
SMALL BUSINESS ENVIRONMENTAL SUPPORT OFFICE SINCE THE ESTABLISHMENT OF
SUCH OFFICE, INCLUDING A REGIONAL BREAKDOWN OF SUCH SMALL BUSINESSES.
§ 2. The act shall take effect immediately.