S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3451
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 22, 2015
                                      ___________
       Introduced  by  M.  of  A.  SCARBOROUGH,  LUPARDO, COLTON, COOK, WEPRIN,
         ROBINSON -- 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:
    1    Section 1. Subdivisions 7, 8, 9, 10, 11 and 12 of section 134  of  the
    2  economic  development  law, subdivision 7 as added by chapter 547 of the
    3  laws of 1976, subdivision 8 as amended and subdivision 11  as  added  by
    4  chapter 361 of the laws of 2009, subdivision 9 as amended by chapter 490
    5  of  the laws of 1993, subdivision 10 as added by chapter 543 of the laws
    6  of 2002 and subdivision 12 as amended by chapter 16 of the laws of 2014,
    7  are amended to read as follows:
    8    7. review pending legislation affecting  small-businesses  and  report
    9  its findings to the commissioner; [and]
   10    8. initiate and encourage small-business education programs in general
   11  and  to  coordinate with the functions of the office of general services
   12  an information and outreach program directed toward informing  small-bu-
   13  sinesses  in  the  state of procedures necessary for competing for state
   14  purchases and to coordinate with the functions of  every  state  agency,
   15  department  or  authority described in section one hundred thirty-nine-g
   16  of the state finance law, pursuant to subdivision  (b)  of  section  one
   17  hundred  thirty-nine-g  of  the  state  finance  law, an information and
   18  outreach program directed toward informing small-businesses in the state
   19  of procedures necessary for competing  for  state  contracts,  including
   20  without  limitation  educating  small  contractors  about surety bonding
   21  requirements on state contracts, and identifying resources available  to
   22  such  contractors  in obtaining their first bond and in increasing their
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08042-01-5
       A. 3451                             2
    1  bonding capacity, including but not limited to the federal  small  busi-
    2  ness administration bond guarantee program[.];
    3    9.  ADVISE  AND  MAKE  RECOMMENDATIONS  TO THE COMMISSIONER ON MATTERS
    4  AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES;
    5    10. the commissioner and the commissioners of agriculture and  markets
    6  and  the  office of general services shall initiate and encourage small-
    7  business education programs and coordinate with  the  functions  of  the
    8  office  of  general  services, pursuant to subdivision (b) of THE FORMER
    9  section one hundred sixty-one-b of the state finance law, an information
   10  and outreach program directed toward informing  eligible  businesses  in
   11  the  state  of  procedures necessary for competing for purchases of food
   12  products pursuant to THE FORMER section one  hundred  seventy-four-a  of
   13  the  state  finance  law  and subdivision eight-a of section one hundred
   14  three of the general municipal law, and to coordinate with the functions
   15  of every state agency or department  described  in  subdivision  (b)  of
   16  section  one hundred thirty-nine-g of the state finance law, an informa-
   17  tion and outreach program directed toward informing eligible  businesses
   18  in the state of procedures necessary for competing for contracts for the
   19  purchase  of  food  products  pursuant to THE FORMER section one hundred
   20  seventy-four-a of the state  finance  law  and  subdivision  eight-a  of
   21  section one hundred three of the general municipal law[.];
   22    [10.] 11. conduct a survey of all business incubators in the state and
   23  assess  the  need  for  additional  incubator  facilities to nurture the
   24  growth and development of small businesses[.];
   25    [11.] 12. provide assistance to  small  business  in  the  state,  and
   26  facilitate  access  to  programs  serving small business, to ensure that
   27  such businesses benefit, as needed, from technical,  managerial,  finan-
   28  cial, and general business assistance; training; marketing; organization
   29  and personnel skill development; project management assistance; technol-
   30  ogy assistance; bond and insurance education assistance; and other busi-
   31  ness  development  assistance.  In  addition, either independently or in
   32  conjunction with other state agencies:
   33    (a) develop a clearinghouse of information on  programs  and  services
   34  provided by entities that may assist such businesses; and
   35    (b)  seek  to  maximize  utilization  by small businesses of available
   36  federal resources including but not limited to  federal  grants,  loans,
   37  loan  guarantees,  surety  bonding guarantees, technical assistance, and
   38  programs and services of the federal small  business  administration[.];
   39  AND
   40    [12.]  13.  compile an annual report on the state of small businesses,
   41  particularly those with twenty-five employees or  less  which  shall  be
   42  known  as  micro-businesses  under  this  subdivision.  The commissioner
   43  shall, on or before June first, two thousand fourteen and annually ther-
   44  eafter, submit to the governor, the temporary president  of  the  senate
   45  and  the speaker of the assembly a report that shall include, but not be
   46  limited to, the following information for each calendar year:
   47    (a) the growth and economic trends of small businesses  which  may  be
   48  categorized by various small business sizes and/or sectors;
   49    (b)  an analysis of relevant and available employment, statistical and
   50  economic data of the various small business sectors throughout New  York
   51  state, which may be categorized by various small business sizes;
   52    (c) suggestions to improve the efficiency of existing loan programs;
   53    (d) suggestions to improve small business growth;
   54    (e) statistical and economic analysis of the state of small businesses
   55  by various small business sizes and/or sectors; and
       A. 3451                             3
    1    (f)  identification  and  review  of  the local and state regulations,
    2  fines and penalties particular to small businesses which may be categor-
    3  ized by various small business sizes and/or sectors.
    4    The  division shall collaborate with other state and local agencies to
    5  develop the annual report. The office shall maintain  and  publish  such
    6  information  on  the  small  business directory webpage in a manner that
    7  allows individuals to search the  report  by  name,  date,  or  type  of
    8  statistics.  The  format  of  the  annual  report  shall be developed in
    9  consultation with various small business owners to ensure  the  informa-
   10  tion  collected, analyzed, and published for the purposes of this subdi-
   11  vision is representative of all small businesses in the state.
   12    S 2. Section 1 of chapter 174 of the laws of 1968 constituting the New
   13  York state urban development corporation act is amended by adding a  new
   14  section 16-x to read as follows:
   15    S  16-X.  MAIN  STREET  CENTER GRANT PROGRAM. 1. THE CORPORATION SHALL
   16  ADMINISTER A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH  OF
   17  THE  COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE BOROUGHS
   18  OF NEW YORK CITY.
   19    2. EACH COUNTY MAIN STREET CENTER  SHALL  BE  ELIGIBLE  TO  RECEIVE  A
   20  MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION
   21  OF  THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A FULL-
   22  TIME EMPLOYEE TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS  MAY  BE
   23  USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
   24    3.  EACH  CENTER  SHALL  HOUSE  A COMPREHENSIVE LIBRARY OF MAIN STREET
   25  PUBLICATIONS AVAILABLE TO BE LOANED.
   26    4. EACH CENTER SHALL DEVELOP A  CENTRAL  DATABASE  OF  ALL  STATE  AND
   27  FEDERAL  GRANT  RESOURCES.  THE  CORPORATION  SHALL ASSIST LOCALITIES IN
   28  IDENTIFYING POTENTIAL SOURCES OF FUNDING AND PROVIDE  TECHNICAL  ASSIST-
   29  ANCE REGARDING GRANT PROCUREMENT.
   30    5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR-
   31  ING  THAT  FACADE  RENOVATIONS  ARE  DONE  IN A MANNER THAT RESPECTS THE
   32  ARCHITECTURE OF THE BUILDING TO BE RENOVATED AND HELPS  TO  ENHANCE  THE
   33  HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
   34    S 3. The executive law is amended by adding two new sections 102-a and
   35  149-a to read as follows:
   36    S 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
   37  ON  OR  AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, ALL RULE-MAKING DOCU-
   38  MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT.
   39  THE SECRETARY OF STATE  SHALL  MAKE  SUCH  DOCUMENTS  AVAILABLE  WITHOUT
   40  CHARGE  TO  THE  PUBLIC ELECTRONICALLY, AND SHALL DISSEMINATE SUCH DOCU-
   41  MENTS WITHOUT CHARGE TO INTERESTED PARTIES BY VARIOUS  MEANS,  INCLUDING
   42  AT  A  MINIMUM  THROUGH ONE OR MORE ELECTRONIC MAILING LISTS, RSS FEEDS,
   43  AND ANY OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO  BE  EFFECTIVE
   44  IN  PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION. AT
   45  LEAST ONE SUCH MEANS SHALL UTILIZE A RULES TRACKER  PROGRAM  OR  SIMILAR
   46  PROGRAM  THAT  ENABLES  A  USER TO CUSTOMIZE THE RULE-MAKING INFORMATION
   47  THAT WILL BE PROVIDED.
   48    2. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "RSS"  OR  "RICH  SITE
   49  SUMMARY"  SHALL  MEAN  A  FORMAT  FOR  DELIVERING REGULARLY CHANGING WEB
   50  CONTENT.
   51    S 149-A. ONLINE PUBLICATION OF STATE REGISTER.  1.  THE  SECRETARY  OF
   52  STATE  SHALL  PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER ON ITS
   53  WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE.
   54    2. THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES  AND
   55  REGULATIONS  OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN A
   56  LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER.
       A. 3451                             4
    1    S 4. Paragraph (a) of subdivision 6-a of  section  202  of  the  state
    2  administrative  procedure  act, as amended by chapter 171 of the laws of
    3  1994, is amended to read as follows:
    4    (a) An agency shall transmit a copy of any rule making notice prepared
    5  pursuant to this article to the governor, the temporary president of the
    6  senate,  the speaker of the assembly, THE MINORITY LEADER OF THE SENATE,
    7  THE MINORITY LEADER OF  THE  ASSEMBLY,  the  administrative  regulations
    8  review commission and the office of regulatory and management assistance
    9  at  the  time  such  notice  is  submitted to the secretary of state for
   10  publication in the state register. Such transmittal  shall  include  the
   11  complete  rule text, regulatory impact statement, regulatory flexibility
   12  analysis, rural area flexibility analysis, or revisions thereof, and any
   13  other information submitted to the secretary of state pursuant  to  this
   14  article.
   15    S 5. This act shall take effect immediately.