A. 6557 2
673. TRANSFER OF RECORDS.
674. COMPLETION OF UNFINISHED BUSINESS.
675. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS.
676. EXISTING RIGHTS AND REMEDIES PRESERVED.
677. PENDING ACTIONS AND PROCEEDINGS.
678. CONTINUANCE OF RULES AND REGULATIONS.
679. TRANSFER OF APPROPRIATIONS MADE TO THE DIVISION FOR SMALL
BUSINESS.
S 660. LEGISLATIVE FINDINGS AND OBJECTIVES. THE LEGISLATURE HEREBY
FINDS AND DECLARES THAT:
1. SMALL BUSINESS HAS BEEN A MAJOR POSITIVE FACTOR IN THE POLITICAL,
ECONOMIC AND SOCIAL DEVELOPMENT OF THE STATE;
2. THE FUTURE WELFARE OF THE STATE DEPENDS ON THE CONTINUED DEVELOP-
MENT OF SMALL BUSINESS;
3. THE STATE HAS A RESPONSIBILITY TO ASSIST IN SMALL BUSINESS DEVELOP-
MENT IN FURTHERANCE OF THE GENERAL WELFARE.
S 661. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
1. "OFFICE" SHALL MEAN THE OFFICE FOR SMALL BUSINESS.
2. "SMALL BUSINESS" SHALL BE DEEMED TO BE ONE WHICH IS RESIDENT IN
THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD
AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
3. "ADVISORY BOARD" SHALL MEAN THE SMALL BUSINESS ADVISORY BOARD
CREATED BY SECTION SIX HUNDRED SIXTY-THREE OF THIS ARTICLE.
4. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR SMALL BUSI-
NESS.
S 662. OFFICE FOR SMALL BUSINESS; DIRECTOR; EMPLOYEES. 1. THERE IS
HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT AN OFFICE FOR SMALL BUSI-
NESS TO HAVE AND EXERCISE THE FUNCTIONS, POWERS AND DUTIES PROVIDED BY
THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF LAW. THE
OFFICE SHALL PERFORM THESE POWERS, FUNCTIONS AND DUTIES IN CONSULTATION
WITH THE SMALL BUSINESS ADVISORY BOARD ESTABLISHED BY SECTION SIX
HUNDRED SIXTY-THREE OF THIS ARTICLE.
2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR, WHO SHALL BE
APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE
SENATE, AND SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR BY WHOM HE
OR SHE WAS APPOINTED OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS
QUALIFIED.
3. THE DIRECTOR MAY ESTABLISH DIVISIONS AND BUREAUS, CHANGE THE NAMES
OF EXISTING DIVISIONS OR BUREAUS, OR MAY CONSOLIDATE DIVISIONS AND
BUREAUS AS HE OR SHE MAY DEEM NECESSARY OR APPROPRIATE TO CARRY OUT THE
FUNCTIONS OF THE OFFICE. SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND
THE CIVIL SERVICE LAW, AND RULES AND REGULATIONS ADOPTED PURSUANT THERE-
TO, THE DIRECTOR MAY APPOINT SUCH OTHER OFFICERS, EMPLOYEES, AGENTS AND
CONSULTANTS AS MAY BE NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR
COMPENSATION AND PROVIDE FOR PAYMENT OF THEIR REASONABLE EXPENSES, ALL
WITHIN AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION. THE DIRECTOR MAY
TRANSFER OFFICERS OR EMPLOYEES FROM THEIR POSITIONS TO OTHER POSITIONS
IN THE OFFICE, OR ABOLISH OR CONSOLIDATE SUCH POSITIONS.
4. THE DIRECTOR ACTING BY AND THROUGH THE OFFICE SHALL HAVE POWER AND
IT SHALL BE HIS OR HER DUTY:
(A) TO ADMINISTER THE PROGRAMS TRANSFERRED TO THE OFFICE PURSUANT TO
THIS ARTICLE OR AN APPROPRIATION OF FUNDS TO THE OFFICE;
(B) TO ADMINISTER SUCH OTHER PROGRAMS AS MAY BE DEVOLVED UPON THE
OFFICE FROM TIME TO TIME PURSUANT TO LAW;
(C) TO COOPERATE WITH AND ASSIST OTHER STATE AND FEDERAL DEPARTMENTS,
BOARDS, COMMISSIONS, AGENCIES, PUBLIC BENEFIT CORPORATIONS AND PUBLIC
A. 6557 3
AUTHORITIES IN THE DEVELOPMENT OF POLICIES AND PROGRAMS WHICH WILL
ENCOURAGE THE CREATION OR RETENTION OF SMALL BUSINESS; AND
(D) TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION OR
GOVERNMENTAL AGENCY, AND DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY
OUT THE FUNCTIONS, POWERS AND DUTIES EXPRESSLY SET FORTH IN THIS ARTI-
CLE.
S 663. SMALL BUSINESS ADVISORY BOARD; CREATION. 1. THERE IS HEREBY
CREATED IN THE OFFICE FOR SMALL BUSINESS A SMALL BUSINESS ADVISORY
BOARD. THE ADVISORY BOARD SHALL CONSIST OF FIFTEEN MEMBERS TO BE
APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE.
THE GOVERNOR SHALL DESIGNATE A CHAIR FROM THE MEMBERS OF THE ADVISORY
BOARD, TO SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR. IN APPOINTING
THE MEMBERS OF THE ADVISORY BOARD THE GOVERNOR SHALL ENSURE THAT AT
LEAST NINE OF THE MEMBERS ARE INDIVIDUALS WHO ARE CURRENTLY INVOLVED IN
THE OWNERSHIP AND/OR OPERATION OF A SMALL BUSINESS OR WHO HAVE EXTENSIVE
EXPERIENCE IN SMALL BUSINESS OWNERSHIP AND/OR OPERATION.
2. ALL MEMBERS OF THE ADVISORY BOARD SHALL SERVE FOR TERMS OF THREE
YEARS, SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH THIR-
TY-FIRST; PROVIDED, HOWEVER, THAT OF THE NINE MEMBERS FIRST APPOINTED
THREE SHALL BE APPOINTED FOR A ONE-YEAR TERM EXPIRING ON MARCH
THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE SHALL
HAVE BECOME A LAW, THREE SHALL BE APPOINTED FOR A TWO-YEAR TERM EXPIRING
ON MARCH THIRTY-FIRST OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH
THIS ARTICLE SHALL HAVE BECOME A LAW, AND THREE SHALL BE APPOINTED FOR A
THREE-YEAR TERM EXPIRING ON MARCH THIRTY-FIRST OF THE THIRD YEAR FOLLOW-
ING THE YEAR IN WHICH THIS ARTICLE SHALL HAVE BECOME A LAW; AND THAT SIX
ADDITIONAL MEMBERS, TWO ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT
OF THE SENATE, ONE ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
SENATE, TWO ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND ONE
ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY SHALL BE
APPOINTED FOR A THREE-YEAR TERM EXPIRING ON MARCH THIRTY-FIRST OF THE
THIRD YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE SHALL HAVE BECOME A
LAW.
3. THE ADVISORY BOARD SHALL MEET REGULARLY AT LEAST FOUR TIMES IN EACH
YEAR. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIR AND SHALL BE CALLED BY
HIM OR HER AT THE REQUEST OF THE DIRECTOR.
4. NO MEMBER OF THE ADVISORY BOARD SHALL BE DISQUALIFIED FROM HOLDING
ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY
SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINTMENT HEREUNDER,
NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW,
ORDINANCE OR CITY CHARTER.
5. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR
THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
6. THE BOARD SHALL HAVE THE POWER AND DUTY TO:
(A) ADVISE THE DIRECTOR IN CARRYING OUT THE FUNCTIONS, POWERS AND
DUTIES OF THE OFFICE, AS SET FORTH IN THIS ARTICLE;
(B) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING RECOMMENDED
LEGISLATION NECESSARY TO FOSTER AND PROMOTE THE PROSPERITY, EXPANSION
AND DEVELOPMENT OF SMALL BUSINESS CONCERNS WITHIN THE STATE;
(C) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING EXISTING LAWS,
RULES, REGULATIONS AND PRACTICES OF STATE AGENCIES WHICH ARE
COUNTER-PRODUCTIVE OR INIMICAL TO THE PROSPERITY, EXPANSION AND DEVELOP-
MENT OF SMALL BUSINESS CONCERNS WITHIN THE STATE;
(D) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING THE DEVELOPMENT
OF INTER-GOVERNMENTAL COOPERATION AMONG AGENCIES OF THE FEDERAL, STATE
A. 6557 4
AND LOCAL GOVERNMENTS AND COOPERATION BETWEEN PRIVATE INDUSTRY AND
GOVERNMENT SO AS TO ASSURE THE OPTIMUM DEVELOPMENT OF SMALL BUSINESS
CONCERNS;
(E) SERVE AS A CATALYST FOR CREATING AND MAINTAINING A SMALL BUSINESS
CONSCIOUSNESS IN NEW YORK STATE; AND
(F) ESTABLISH PROCEDURES FOR MAKING ANNUAL AWARDS TO BE KNOWN AS "NEW
YORK STATE SMALL BUSINESS AWARDS". THESE NON-MONETARY AWARDS SHALL BE
GIVEN IN RECOGNITION OF UNUSUAL PERFORMANCE BY PERSONS, FIRMS AND ORGAN-
IZATIONS WHICH ARE ENGAGED IN THE OPERATION OF NEW YORK STATE SMALL
BUSINESSES OR WHICH ARE ENGAGED IN ACTIVITIES TO ASSIST SMALL BUSINESSES
IN THE STATE. THE BOARD MAY NOMINATE UP TO FIVE AWARD WINNERS ANNUALLY
AND FORWARD SUCH NAMES TO THE GOVERNOR FOR HIS OR HER CONSIDERATION.
THE GOVERNOR MAY DESIGNATE AWARD WINNERS FROM THESE NOMINEES AT HIS OR
HER DISCRETION. CURRENT MEMBERS OF THE ADVISORY BOARD ARE NOT ELIGIBLE
AS NOMINEES.
7. THE DIRECTOR SHALL PROVIDE THE BOARD WITH SUCH STAFF ASSISTANCE AND
SUPPORT SERVICES AS NECESSARY FOR THE BOARD TO PERFORM THE FUNCTIONS
REQUIRED OF IT UNDER THIS SECTION.
S 664. POWERS AND DUTIES OF THE OFFICE FOR SMALL BUSINESS. THE OFFICE
SHALL HAVE THE POWER AND DUTY TO:
1. COORDINATE THE ACTIVITIES OF ALL STATE AGENCIES PERFORMING FUNC-
TIONS AFFECTING THE OPERATION OF SMALL BUSINESSES IN THE STATE;
2. RECEIVE COMPLAINTS OF OPERATORS OF SMALL BUSINESSES AND REFER THEM
TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY AUTHORIZED BY LAW FOR
APPROPRIATE ACTION ON SUCH COMPLAINTS;
3. ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR ON MATTERS AFFECT-
ING THE SMALL BUSINESSES OF THE STATE AND PROMOTE AND ENCOURAGE THE
PROTECTION OF THE LEGITIMATE INTERESTS OF SMALL BUSINESSES WITHIN THE
STATE;
4. CONDUCT INVESTIGATIONS, RESEARCH, STUDIES AND ANALYSES OF MATTERS
AFFECTING THE INTERESTS OF SMALL BUSINESSES;
5. REPRESENT THE INTERESTS OF SMALL BUSINESSES IN THE STATE BEFORE
FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGENCIES;
6. STUDY THE OPERATION OF THE LAWS AFFECTING SMALL BUSINESSES AND
RECOMMEND TO THE GOVERNOR NEW LAWS AND AMENDMENTS OF LAWS FOR THE BENE-
FIT OF SMALL BUSINESSES;
7. REVIEW PENDING LEGISLATION AFFECTING SMALL BUSINESSES AND REPORT
ITS FINDINGS TO THE GOVERNOR;
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
BUSINESSES 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
OF PROCEDURES NECESSARY FOR COMPETING FOR STATE CONTRACTS; AND
9. 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.
S 665. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
THIS ARTICLE, THE DIRECTOR MAY REQUEST FROM ANY DEPARTMENT, DIVISION,
BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR FROM ANY
PUBLIC CORPORATION OR DISTRICT, AND THE SAME ARE AUTHORIZED TO PROVIDE,
SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE REQUIRED BY THE OFFICE IN
A. 6557 5
CARRYING OUT ITS FUNCTIONS, POWERS, DUTIES AND PURPOSES UNDER THIS ARTI-
CLE.
S 666. RULES AND REGULATIONS. THE DIRECTOR SHALL ADOPT RULES AND REGU-
LATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE. THE ADVISORY BOARD
SHALL RECOMMEND TO HIM OR HER CRITERIA FOR INCLUSION THEREIN.
S 667. SMALL BUSINESS EDUCATION PROGRAM. THE DIRECTOR AND THE COMMIS-
SIONERS OF AGRICULTURE AND MARKETS AND THE OFFICE OF GENERAL SERVICES
SHALL INITIATE AND ENCOURAGE SMALL BUSINESS EDUCATION PROGRAMS AND COOR-
DINATE WITH THE FUNCTIONS OF THE OFFICE OF GENERAL SERVICES AN INFORMA-
TION AND OUTREACH PROGRAM DIRECTED TOWARD INFORMING ELIGIBLE BUSINESSES
IN THE STATE OF PROCEDURES NECESSARY FOR COMPETING FOR PURCHASES OF FOOD
PRODUCTS PURSUANT TO 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 INFORMATION 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 SUBDIVISION EIGHT-A OF SECTION ONE
HUNDRED THREE OF THE GENERAL MUNICIPAL LAW.
S 668. SMALL BUSINESS STATIONARY SOURCE OMBUDSMAN PROGRAM. 1. THERE
IS HEREBY ESTABLISHED WITHIN THE OFFICE A SMALL BUSINESS STATIONARY
SOURCE OMBUDSMAN PROGRAM. THE PRIMARY PURPOSE OF THE SMALL BUSINESS
STATIONARY SOURCE OMBUDSMAN PROGRAM IS TO REPRESENT SMALL BUSINESS
STATIONARY SOURCES ON ISSUES RELATING TO COMPLIANCE WITH THE FEDERAL
CLEAN AIR ACT, 42 U.S.C. SECTION 7401 ET SEQ. AS AMENDED BY PUBLIC LAW
101-549, NOVEMBER FIFTEENTH, NINETEEN HUNDRED NINETY, HEREINAFTER
REFERRED TO AS THE "ACT", AND TO REFER SMALL BUSINESS STATIONARY SOURCES
TO APPROPRIATE ENTITIES FOR ASSISTANCE IN COMPLIANCE WITH ARTICLE NINE-
TEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT. FOR PURPOSES OF
THIS SECTION A SMALL BUSINESS STATIONARY SOURCE SHALL HAVE THE SAME
MEANING AS IN SECTION 19-0313 OF THE ENVIRONMENTAL CONSERVATION LAW.
2. THE OFFICE SHALL, THROUGH THE SMALL BUSINESS STATIONARY SOURCE
OMBUDSMAN PROGRAM, PERFORM ALL FUNCTIONS NECESSARY TO IMPLEMENT THE
REQUIREMENTS OF SECTION 7661F OF THE ACT INCLUDING:
(A) SOLICITING INPUT FROM SMALL BUSINESS STATIONARY SOURCES REGARDING
COMPLIANCE WITH THE ACT AND ARTICLE NINETEEN OF THE ENVIRONMENTAL
CONSERVATION LAW, INCLUDING INTERACTING WITH ORGANIZATIONS REPRESENTING
SMALL BUSINESSES SUCH AS TRADE ASSOCIATIONS OR OTHER ENTITIES;
(B) PARTICIPATING IN, AND FACILITATING AND PROMOTING THE PARTICIPATION
OF SMALL BUSINESS STATIONARY SOURCES IN THE DEVELOPMENT AND IMPLEMENTA-
TION OF RULES AND REGULATIONS ADOPTED PURSUANT TO ARTICLE NINETEEN OF
THE ENVIRONMENTAL CONSERVATION LAW;
(C) PARTICIPATING IN, AND SPONSORING MEETINGS WITH THE DEPARTMENT OF
ENVIRONMENTAL CONSERVATION, LOCAL AIR POLLUTION CONTROL AGENCIES, INDUS-
TRY GROUPS AND SMALL BUSINESS REPRESENTATIVES;
(D) PROVIDING GUIDANCE AND RECOMMENDATIONS TO THE DEPARTMENT OF ENVI-
RONMENTAL CONSERVATION ON THE DEVELOPMENT, CONTENT AND OPERATION OF THE
SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE
ASSISTANCE PROGRAM AS CREATED BY SECTION 19-0313 OF THE ENVIRONMENTAL
CONSERVATION LAW;
(E) DISTRIBUTING TO SMALL BUSINESS STATIONARY SOURCES INFORMATION AND
MATERIALS ON THE REQUIREMENTS OF THE ACT AND ARTICLE NINETEEN OF THE
ENVIRONMENTAL CONSERVATION LAW;
(F) REPORTING TO THE SMALL BUSINESS STATIONARY SOURCE COMPLIANCE ADVI-
SORY PANEL AS ESTABLISHED PURSUANT TO SECTION 19-0315 OF THE ENVIRON-
MENTAL CONSERVATION LAW ON ANY PROBLEMS OR DIFFICULTIES EXPERIENCED BY
A. 6557 6
SMALL BUSINESS STATIONARY SOURCES IN COMPLYING WITH ARTICLE NINETEEN OF
THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT, INCLUDING THE DEGREE AND
SEVERITY OF ENFORCEMENT;
(G) AIDING IN THE INVESTIGATION AND RESOLUTION OF COMPLAINTS AND
DISPUTES FROM SMALL BUSINESS STATIONARY SOURCES AGAINST THE DEPARTMENT
OF ENVIRONMENTAL CONSERVATION AND LOCAL AIR POLLUTION CONTROL AUTHORI-
TIES;
(H) CONDUCTING PERIODIC EVALUATIONS OF ALL ASPECTS OF THE SMALL BUSI-
NESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE
PROGRAM AS IDENTIFIED UNDER SECTION 19-0313 OF THE ENVIRONMENTAL CONSER-
VATION LAW INCLUDING REVIEWING THE WORK AND SERVICES OF THE PROGRAM WITH
TRADE ASSOCIATIONS AND REPRESENTATIVES OF SMALL BUSINESS;
(I) 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 BUSINESS STATIONARY SOURCES;
(J) ARRANGING FOR AND ASSISTING IN THE PREPARATION OF GUIDANCE DOCU-
MENTS BY THE SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRON-
MENTAL COMPLIANCE ASSISTANCE PROGRAM AS REQUIRED PURSUANT TO SECTION
19-0313 OF THE ENVIRONMENTAL CONSERVATION LAW TO ENSURE THAT THE
LANGUAGE IS READILY UNDERSTANDABLE BY THE LAY PERSON;
(K) REFERRING SMALL BUSINESS STATIONARY SOURCES TO SPECIALISTS FOR
INFORMATION AND ASSISTANCE ON AFFORDABLE ALTERNATIVE TECHNOLOGIES, PROC-
ESS CHANGES, PRODUCTS AND OPERATIONAL METHODS TO HELP REDUCE AIR
POLLUTION;
(L) PROVIDING INFORMATION TO SMALL BUSINESS STATIONARY SOURCES ON
STATE-SPONSORED PROGRAMS OFFERING FINANCIAL AND TECHNICAL ASSISTANCE,
AND IN LOCATING SOURCES OF FUNDING FOR COMPLIANCE WITH THE REQUIREMENTS
OF ARTICLE NINETEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT;
AND
(M) ESTABLISHING PROCEDURES FOR ASSURING THE CONFIDENTIALITY OF INFOR-
MATION RECEIVED FROM SMALL BUSINESS STATIONARY SOURCES.
3. THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT
APPLY TO RECORDS CONTAINING INFORMATION SUPPLIED BY SMALL BUSINESS
STATIONARY SOURCES PURSUANT TO THE PROVISIONS OF THIS SECTION.
S 669. ABOLITION OF DIVISION FOR SMALL BUSINESS. UPON THE TRANSFER
PURSUANT TO THIS ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY AND
ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR SMALL BUSINESS AS
ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVELOP-
MENT LAW TO THE OFFICE SHALL BE ABOLISHED.
S 670. TRANSFER OF POWERS OF THE DIVISION FOR SMALL BUSINESS. EXCEPT
AS OTHERWISE PROVIDED IN THIS ARTICLE, THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
ECONOMIC DEVELOPMENT LAW SHALL BE TRANSFERRED AND ASSIGNED TO, ASSUMED
BY AND DEVOLVED UPON THE OFFICE. SUCH TRANSFER SHALL OCCUR NO LATER THAN
JANUARY THIRTY-FIRST, TWO THOUSAND TEN, PROVIDED, HOWEVER, THAT, IN THE
EVENT THAT IT IS IMPRACTICAL TO EFFECTUATE SUCH TRANSFER ON OR BEFORE
JANUARY THIRTY-FIRST, TWO THOUSAND TEN, THE DIRECTOR MAY UPON NOTIFICA-
TION TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, AND SPEAKER OF
THE ASSEMBLY ON OR BEFORE JANUARY FIFTEENTH, TWO THOUSAND TEN, EXECUTE A
MEMORANDUM OF UNDERSTANDING TO GOVERN THE EXPEDITIOUS TRANSFER REQUIRED
PURSUANT TO THIS SECTION.
S 671. TRANSFER OF ASSETS AND LIABILITIES. UPON THE TRANSFER PURSUANT
TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
A. 6557 7
SION FOR SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
SIX HUNDRED SEVENTY OF THIS ARTICLE ALL ASSETS AND LIABILITIES OF THE
DIVISION FOR SMALL BUSINESS ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE
OFFICE.
S 672. CONTINUITY OF AUTHORITY. UPON THE TRANSFER PURSUANT TO SECTION
SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX
HUNDRED SEVENTY OF THIS ARTICLE, FOR THE PURPOSE OF SUCCESSION TO ALL
FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF THE DIVISION FOR SMALL
BUSINESS, THE OFFICE SHALL BE DEEMED AND HELD TO CONSTITUTE THE CONTIN-
UATION OF SUCH AUTHORITY AND NOT A DIFFERENT AGENCY OR AUTHORITY.
S 673. TRANSFER OF RECORDS. UPON THE TRANSFER PURSUANT TO SECTION SIX
HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY
AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR SMALL BUSINESS
AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVEL-
OPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF
THIS ARTICLE, ALL BOOKS, PAPERS, RECORDS AND PROPERTY PERTAINING TO THE
DIVISION FOR SMALL BUSINESS SHALL BE TRANSFERRED TO AND MAINTAINED BY
THE OFFICE.
S 674. COMPLETION OF UNFINISHED BUSINESS. UPON THE TRANSFER PURSUANT
TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
SION FOR SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
SIX HUNDRED SEVENTY OF THIS ARTICLE, ANY BUSINESS OR OTHER MATTER UNDER-
TAKEN OR COMMENCED BY THE DIVISION FOR SMALL BUSINESS PERTAINING TO OR
CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES SO TRANS-
FERRED AND ASSIGNED TO THE OFFICE MAY BE CONDUCTED OR COMPLETED BY THE
DIRECTOR OF THE OFFICE.
S 675. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS. UPON THE
TRANSFER PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE
FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES
OF THE DIVISION FOR SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER
ARTICLE FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS
PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE WHENEVER THE
DIVISION FOR SMALL BUSINESS AND THE COMMISSIONER THEREOF, THE FUNCTIONS,
POWERS, OBLIGATIONS AND DUTIES OF WHICH ARE TRANSFERRED TO THE OFFICE
ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT PERTAIN-
ING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES TRANSFERRED AND
ASSIGNED PURSUANT TO THIS ARTICLE, SUCH REFERENCE OR DESIGNATION SHALL
BE DEEMED TO REFER TO THE OFFICE AND ITS DIRECTOR.
S 676. EXISTING RIGHTS AND REMEDIES PRESERVED. UPON THE TRANSFER
PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS
AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE
DIVISION FOR SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE
FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY
SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE NO EXISTING RIGHT OR REMEDY
OF THE STATE, INCLUDING THE DIVISION FOR SMALL BUSINESS SHALL BE LOST,
IMPAIRED OR AFFECTED BY REASON OF THIS ARTICLE.
S 677. PENDING ACTIONS AND PROCEEDINGS. UPON THE TRANSFER PURSUANT TO
SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS
POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
A. 6557 8
ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX
HUNDRED SEVENTY OF THIS ARTICLE NO ACTION OR PROCEEDING PENDING ON THE
EFFECTIVE DATE OF THIS ARTICLE, BROUGHT BY OR AGAINST THE DIVISION FOR
SMALL BUSINESS OR COMMISSIONER THEREOF SHALL BE AFFECTED BY ANY
PROVISION OF THIS ARTICLE, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
THE NAME OF THE DIRECTOR OF THE OFFICE. IN ALL SUCH ACTIONS AND
PROCEEDINGS, THE OFFICE, UPON APPLICATION TO THE COURT, SHALL BE SUBSTI-
TUTED AS A PARTY.
S 678. CONTINUANCE OF RULES AND REGULATIONS. UPON THE TRANSFER PURSU-
ANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
SION FOR SMALL BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
SIX HUNDRED SEVENTY OF THIS ARTICLE, ALL RULES, REGULATIONS, ACTS,
DETERMINATIONS AND DECISIONS OF THE DIVISION FOR SMALL BUSINESS,
PERTAINING TO THE FUNCTIONS TRANSFERRED AND ASSIGNED BY THIS ARTICLE TO
THE OFFICE IN FORCE AT THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION
OR DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS,
ACTS, DETERMINATIONS AND DECISIONS OF THE OFFICE UNTIL DULY MODIFIED OR
REPEALED.
S 679. TRANSFER OF APPROPRIATIONS MADE TO THE DIVISION FOR SMALL BUSI-
NESS. UPON THE TRANSFER PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS
ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
GATIONS AND DUTIES OF THE DIVISION FOR SMALL BUSINESS AS ESTABLISHED
PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE
OFFICE AS PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE, ALL
APPROPRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE BEEN MADE AVAILABLE
AS OF THE DATE OF SUCH TRANSFER TO THE DIVISION FOR SMALL BUSINESS OR
SEGREGATED PURSUANT TO LAW, TO THE EXTENT OF REMAINING UNEXPENDED OR
UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND
WHETHER OBLIGATED OR UNOBLIGATED, SHALL BE TRANSFERRED TO AND MADE
AVAILABLE FOR USE AND EXPENDITURE BY THE OFFICE FOR THE SAME PURPOSES
FOR WHICH ORIGINALLY APPROPRIATED OR REAPPROPRIATED AND SHALL BE PAYABLE
ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF TAXATION AND
FINANCE, ON AUDIT AND WARRANT OF THE COMPTROLLER. PAYMENTS OF LIABIL-
ITIES FOR EXPENSES OF PERSONAL SERVICE, MAINTENANCE AND OPERATION WHICH
SHALL HAVE BEEN INCURRED AS OF THE DATE OF SUCH TRANSFER BY THE DIVISION
FOR SMALL BUSINESS, AND FOR LIABILITIES INCURRED AND TO BE INCURRED IN
COMPLETING ITS AFFAIRS SHALL ALSO BE MADE ON VOUCHERS CERTIFIED OR
APPROVED BY THE DIRECTOR OF THE OFFICE, ON AUDIT AND WARRANT OF THE
COMPTROLLER.
S 3. The opening paragraph of subdivision 1 of section 1838 of the
public authorities law, as added by chapter 56 of the laws of 1993, is
amended to read as follows:
There is hereby created a state bonding guarantee assistance program
to enable small businesses, and minority-owned and women-owned business
enterprises, certified as a minority-owned or women-owned business
enterprise pursuant to article fifteen-A of the executive law, to meet
payment and/or performance bonding requirements by providing additional
financial backing needed to induce a surety company to issue a bond for
construction projects, including but not limited to, government spon-
sored, transportation related construction projects. For purposes of
this section, the term small business shall have the same meaning as
defined in section [one hundred thirty-one] SIX HUNDRED SIXTY-ONE of the
[economic development] EXECUTIVE law. Such program shall give preference
to minority-owned and women-owned business enterprises and shall:
A. 6557 9
S 4. The opening paragraph and paragraph g of subdivision 1 and subdi-
vision 3 of section 19-0313 of the environmental conservation law, as
added by chapter 608 of the laws of 1993, are amended to read as
follows:
The commissioner is hereby authorized and directed to establish,
develop and implement a small business stationary source technical and
environmental compliance assistance program for those categories of
sources of air contamination identified in section 7661f(c) of the Act
or any other category of source the commissioner deems appropriate. The
commissioner, after consultation with the administrator of the United
States environmental protection agency, the administrator of the United
States small business administration, the small business stationary
source compliance advisory panel and the small business stationary
source ombudsman created pursuant to section [one hundred thirty-seven]
SIX HUNDRED SIXTY-EIGHT of the [economic development] EXECUTIVE law, and
after providing notice and opportunity for public hearing, may exclude
from the program any category or subcategory of sources identified in
section 7661f(c) of the Act that the commissioner determines to have
sufficient technical and financial capabilities to meet the requirements
of the Act without such assistance. The department may designate eligi-
bility for assistance based on whether the stationary source has suffi-
cient technical and financial capabilities to comply with federal and
state law without such assistance. Such program shall include:
g. procedures for soliciting input from and exchanging information
with the small business stationary source ombudsman created pursuant to
section [one hundred thirty-seven] SIX HUNDRED SIXTY-EIGHT of the
[economic development] EXECUTIVE law, regarding compliance requirements
for small business stationary sources;
3. In developing and implementing the small business stationary source
technical and environmental compliance assistance program as required
pursuant to subdivision one of this section, the department shall
consult with the small business stationary source compliance advisory
panel as created pursuant to section 19-0315 of this title and the small
business stationary source ombudsman as created pursuant to section [one
hundred thirty-seven] SIX HUNDRED SIXTY-EIGHT of the [economic develop-
ment] EXECUTIVE law.
S 5. Paragraph i of subdivision 3 of section 97-oo of the state
finance law, as added by chapter 608 of the laws of 1993, is amended to
read as follows:
i. developing and implementing the small business stationary source
ombudsman program established pursuant to section [one hundred thirty-
seven] SIX HUNDRED SIXTY-EIGHT of the [economic development] EXECUTIVE
law; and
S 6. Paragraph f of subdivision 2 and subdivision 3 of section 28-0109
of the environmental conservation law, as added by chapter 654 of the
laws of 2005, are amended to read as follows:
f. procedures for soliciting input [from and exchanging information
with the small business pollution prevention and environmental compli-
ance ombudsman program created pursuant to section 138 of the economic
development law,] regarding pollution prevention opportunities and
compliance requirements for small businesses;
3. In developing and implementing the small business pollution
prevention and environmental compliance assistance program, the depart-
ment shall consult with the pollution prevention and environmental
compliance coordinating council as created pursuant to section 28-0111
of this article, the environmental facilities corporation[, the small
A. 6557 10
business pollution prevention and environmental compliance ombudsman
program as created pursuant to section 138 of the economic development
law] and the office of waste prevention services as created pursuant to
article 14 of the economic development law.
S 7. Subdivision 1 of section 311-a of the executive law, as added by
section 4 of part BB of chapter 59 of the laws of 2006, is amended to
read as follows:
1. There is hereby established within the department of economic
development an office of the minority and women-owned business enter-
prise statewide advocate. The statewide advocate shall be appointed by
the commissioner with the advice of the small business advisory board as
established in section [one hundred thirty-three] SIX HUNDRED
SIXTY-THREE of the [economic development] EXECUTIVE law and shall serve
in the unclassified service of the director. The statewide advocate
shall be located in the Albany empire state development office.
S 8. This act shall take effect immediately, provided, however, that
the amendments to section 311-a of the executive law made by section
seven of this act shall not affect the expiration of such section and
shall expire and be deemed repealed therewith.