S T A T E   O F   N E W   Y O R K
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                                  4437

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 23, 2009
                               ___________

Introduced  by  Sen.  STACHOWSKI  -- read twice and ordered printed, and
  when printed to be committed to the Committee  on  Commerce,  Economic
  Development and Small Business

AN  ACT to amend the economic development law, in relation to the prepa-
  ration of performance plans and the establishment of a private  indus-
  try  review  council;  and  providing for the repeal of article 7-A of
  such law relating to the establishment of the New York  state  private
  industry review council upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 19 of section 100 of the  economic  development
law,  as amended by chapter 839 of the laws of 1987 and paragraph (a) as
amended by section 1 of part FF of chapter 59 of the laws  of  2006,  is
amended to read as follows:
  19. (a) to study changes in and to suggest policies for the [economic]
development  [and  conservation]  of the ECONOMIC resources of the state
and to develop an annual statewide economic development strategic  plan,
IN  CONSULTATION  WITH THOSE ENTITIES POTENTIALLY AFFECTED OR INTERESTED
IN SUCH A PLAN, INCLUDING, BUT  NOT  LIMITED  TO,  THE  NEW  YORK  STATE
PRIVATE  INDUSTRY REVIEW COUNCIL. Such strategic plan, shall include but
shall not be limited to, a statewide inventory of all  industry  associ-
ations and clusters; a list of industries that have a competitive advan-
tage;  and  a  list  of  industries  that  demonstrate the potential for
growth. The department shall work in cooperation with the New York State
Foundation for Science, Technology and Innovation in creating the  stra-
tegic  plan.  The  annual  statewide economic development strategic plan
shall be submitted to the temporary president  of  the  senate  and  the
speaker  of  the assembly on January first, two thousand eight and every
year thereafter.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03957-01-9

S. 4437                             2
              

  (b) to cause to be  prepared  [program]  PERFORMANCE  plans  for  [the
economic  development  financial] EACH FINANCIAL AND BUSINESS assistance
[programs] PROGRAM of the state.
  PERFORMANCE  PLANS  SHALL  BE PREPARED, in cooperation with the agency
[or], public benefit corporation, or  public  authority  OF  APPROPRIATE
JURISDICTION  AND  THE  PRIVATE INDUSTRY REVIEW COUNCIL, consistent with
the legislative intent and statutory authorization  for  such  programs.
Program  plans  shall  be  derived from and shall be consistent with the
annual economic development strategic plan and, accordingly, [may] SHALL
be updated [as necessary] ANNUALLY.  Such plans shall be transmitted  to
the agency [or], public authority, or public benefit corporation respon-
sible  for administering the program and to the [speaker of the assembly
and the] temporary president of the senate [within ninety  days  of  the
effective  date of any statute authorizing such program. With respect to
existing economic development financial assistance programs, the commis-
sioner shall transmit program plans on or before  July  first,  nineteen
hundred eighty-eight] AND THE SPEAKER OF THE ASSEMBLY.
  [Program]  PERFORMANCE plans shall describe the goals, objectives, and
priorities of each financial  AND  BUSINESS  assistance  program,  shall
guide  the development of operating procedures and rules and regulations
governing each financial AND  BUSINESS  assistance  program,  shall  set
forth  the  manner  in which the [financial assistance] program shall be
coordinated with other economic  development  programs,  and  shall  set
forth  a  description of the operating relationships with relevant agen-
cies and regional and local public and private organizations[;].
  (C) IN ADDITION, PERFORMANCE PLANS SHALL:
  (I) ESTABLISH GOALS TO DEFINE THE LEVEL OF PERFORMANCE TO BE  ACHIEVED
BY A PROGRAM ACTIVITY;
  (II)  EXPRESS SUCH GOALS IN AN OBJECTIVE, QUANTIFIABLE, AND MEASURABLE
FORM;
  (III) DESCRIBE THE OPERATIONAL PROCESSES, SKILLS AND  TECHNOLOGY,  AND
THE  HUMAN,  CAPITAL,  INFORMATION, AND OTHER RESOURCES REQUIRED TO MEET
THE PERFORMANCE GOALS;
  (IV) ESTABLISH PERFORMANCE INDICATORS  TO  BE  USED  IN  MEASURING  OR
ASSESSING  THE  EFFECTIVENESS,  SERVICE  LEVELS,  AND  OUTCOMES  OF EACH
PROGRAM ACTIVITY;
  (V) PROVIDE A BASIS FOR COMPARING  ACTUAL  PROGRAM  RESULTS  WITH  THE
ESTABLISHED PERFORMANCE GOALS;
  (VI)  DESCRIBE  THE  MEANS  TO BE USED TO VERIFY AND VALIDATE MEASURED
VALUES; AND
  (VII) INCLUDE AN EVALUATION COMPONENT, WHICH DESCRIBES HOW THE DEPART-
MENT WILL MONITOR THE DELIVERY OF SERVICES UNDER THE PROGRAM  AND  WHICH
SETS  FORTH THE MEASURE OF EFFECTIVENESS OF THE SERVICES BEING PROVIDED.
THE EVALUATION COMPONENT OF EACH PLAN SHALL, AT A MINIMUM,  INCLUDE  THE
FOLLOWING:
  (1) A STATEMENT ON LEGISLATIVE HISTORY AND INTENT, IF ANY;
  (2)  A  STATEMENT  OF  PROGRAM  OBJECTIVES,  WHICH IDENTIFIES OUTCOMES
ATTRIBUTABLE TO THE PROGRAM, ANTICIPATED PERFORMANCE LEVELS, AND INDICA-
TORS OF THE EFFECTIVENESS OF THE PROGRAM;
  (3) DEFINED QUANTITATIVE MEASURES, WHICH WILL BE INCLUDED AS  PART  OF
THE  EVALUATION  REPORT  INCLUDING, BUT NOT LIMITED TO, A DESCRIPTION OF
THE TARGETED POPULATION, CRITERIA FOR PARTICIPANT SELECTION,  DEMOGRAPH-
ICS ON PARTICIPANTS, MEASURES OF PROGRAM ACTIVITY, INVENTORY OF SERVICES
PROVIDED, AND BUDGET INFORMATION ON PROGRAMS AND ADMINISTRATIVE EXPENDI-
TURES  INCLUDING,  BUT NOT LIMITED TO, COSTS PER PARTICIPANT.  FOR THOSE
PROGRAMS WHERE AN OBJECTIVE IS JOB PLACEMENT, DATA SHALL INCLUDE  INFOR-

S. 4437                             3

MATION  ON  THE  OCCUPATIONS  WHICH  PARTICIPANTS ENTER, THE RATE OF JOB
RETENTION, PRE-PROGRAM WAGE EARNINGS AND POST-PROGRAM WAGE EARNINGS,  AS
WELL  AS  OTHER  APPROPRIATE MEASURES WHICH INDICATE THE EXTENT TO WHICH
PROGRAM ACTIVITIES MEET PROGRAM OBJECTIVES. OTHER PERFORMANCE INDICATORS
THAT APPROPRIATELY DESCRIBE THE EFFECT OF THE PROGRAM AND DATA AND WHICH
REFLECT  FOLLOW-UP  ACTIVITY  APPROPRIATE TO THE SERVICES PROVIDED SHALL
ALSO BE INCLUDED AS PART OF THE EVALUATION REPORT;
  (4) A STATEMENT OF METHODOLOGY, WHICH WILL RESULT IN A  COMPARISON  OF
PROGRAM OUTCOMES AGAINST PROGRAM OBJECTIVES; AND
  (5) ANY ADDITIONAL EVALUATION INFORMATION AS MAY BE REQUIRED BY LAW.
  NO  LATER  THAN  MARCH THIRTY-FIRST, TWO THOUSAND ELEVEN, AND NO LATER
THAN MARCH THIRTY-FIRST OF EACH YEAR THEREAFTER, THE COMMISSIONER  SHALL
CAUSE TO BE PREPARED AND SUBMIT TO THE TEMPORARY PRESIDENT OF THE SENATE
AND  THE  SPEAKER  OF THE ASSEMBLY, A REPORT ON PROGRAM PERFORMANCES FOR
EACH OF THE PROGRAMS FOR WHICH PERFORMANCE PLANS HAVE BEEN PREPARED  FOR
THE PREVIOUS FISCAL YEAR.
  EACH  PERFORMANCE  REPORT  SHALL  SET FORTH THE PERFORMANCE INDICATORS
ESTABLISHED IN THE DEPARTMENTAL OR OTHER PERFORMANCE  PLAN,  ALONG  WITH
THE  ACTUAL  PROGRAM  PERFORMANCE ACHIEVED COMPARED WITH THE PERFORMANCE
GOALS EXPRESSED IN THE PLAN FOR THAT  FISCAL  YEAR.  IN  ADDITION,  EACH
REPORT SHALL:
  (A)  REVIEW  THE  SUCCESS  OF  ACHIEVING THE PERFORMANCE GOALS FOR THE
FISCAL YEAR;
  (B) EVALUATE THE PERFORMANCE PLAN FOR THE CURRENT FISCAL YEAR RELATIVE
TO THE PERFORMANCE ACHIEVED IN THE FISCAL YEAR COVERED BY THE REPORT;
  (C) EXPLAIN AND DESCRIBE, WHERE A PERFORMANCE GOAL HAS NOT BEEN MET:
  (I) WHY THE GOAL WAS NOT MET;
  (II) THOSE PLANS AND SCHEDULES FOR ACHIEVING THE ESTABLISHED  PERFORM-
ANCE GOAL; AND
  (III)  IF  THE PERFORMANCE GOAL IS IMPRACTICAL OR INFEASIBLE, WHY THAT
IS THE CASE AND WHAT ACTION IS RECOMMENDED.
  S 2. The economic development law is amended by adding a  new  article
7-A to read as follows:
                                ARTICLE 7-A
                     NEW YORK STATE PRIVATE INDUSTRY
                             REVIEW COUNCIL

SECTION 198. NEW YORK STATE PRIVATE INDUSTRY REVIEW COUNCIL ESTABLISHED.
        198-A. PURPOSE OF THE COUNCIL.
        198-B. POWERS OF THE COUNCIL.
        198-C. REPORTS.
  S  198. NEW YORK STATE PRIVATE INDUSTRY REVIEW COUNCIL ESTABLISHED. 1.
THERE IS HEREBY ESTABLISHED WITHIN THE DEPARTMENT  THE  NEW  YORK  STATE
PRIVATE  INDUSTRY  REVIEW  COUNCIL,  WHICH SHALL COMPRISE TWELVE MEMBERS
APPOINTED BY THE GOVERNOR, FOUR ON THE RECOMMENDATION OF  THE  TEMPORARY
PRESIDENT OF THE SENATE; ONE ON THE RECOMMENDATION OF THE MINORITY LEAD-
ER  OF  THE  SENATE;  FOUR  ON  THE RECOMMENDATION OF THE SPEAKER OF THE
ASSEMBLY; AND ONE ON THE RECOMMENDATION OF THE MINORITY  LEADER  OF  THE
ASSEMBLY. THE MEMBERS OF THE COUNCIL SHALL SERVE FOR TERMS OF TWO YEARS.
THE  CHAIRPERSON  AND  VICE  CHAIRPERSON SHALL BE ELECTED FROM AMONG THE
MEMBERS OF THE COUNCIL BY THE MEMBERS OF SUCH COUNCIL.
  2. IN APPOINTING THE MEMBERS OF THE COUNCIL, IT SHALL BE THE RESPONSI-
BILITY OF THE GOVERNOR TO ENSURE, TO THE MAXIMUM  EXTENT  FEASIBLE,  THE
REPRESENTATION  OF  DIVERSE  PRIVATE  INDUSTRY  AND ECONOMIC DEVELOPMENT
RELATED INTERESTS INCLUDING, BUT NOT LIMITED TO, SMALL AND  MEDIUM  SIZE
BUSINESSES, MANUFACTURING, HIGH TECHNOLOGY AND OTHER CRITICAL SECTORS OF

S. 4437                             4

THE   STATE   ECONOMY,  INDUSTRIAL  DEVELOPMENT  AGENCIES,  CHAMBERS  OF
COMMERCE, TECHNOLOGY DEVELOPMENT ORGANIZATIONS, OTHER ECONOMIC  DEVELOP-
MENT  ORIENTED  ENTITIES,  AND  A  REPRESENTATIVE  OF  ORGANIZED  LABOR,
APPOINTED  UPON RECOMMENDATION OF THE NEW YORK STATE AMERICAN FEDERATION
OF LABOR - CONGRESS OF INDUSTRIAL ORGANIZATIONS.
  3. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION FOR  THEIR
SERVICES  BUT  SHALL  BE  ALLOWED  THEIR  ACTUAL  AND NECESSARY EXPENSES
INCURRED IN THE PERFORMANCE OF THEIR DUTIES AS COUNCIL MEMBERS.
  4. THE COUNCIL SHALL MEET AT LEAST FOUR TIMES A YEAR, AT THE  CALL  OF
THE COMMISSIONER OR THE CHAIRPERSON OF THE COUNCIL.
  5.  UNLESS  A MEMBER HAS BEEN EXCUSED FROM ATTENDANCE AT SUCH MEETINGS
BY THE CHAIRPERSON OR VICE CHAIRPERSON UPON GOOD CAUSE BEING SHOWN,  ANY
MEMBER WHO FAILS TO ATTEND THREE CONSECUTIVE MEETINGS SHALL BE DEEMED TO
HAVE  RESIGNED.  ANY  VACANCY  ON  THE  COUNCIL  SHALL BE FILLED FOR THE
REMAINING TERM OF THE INDIVIDUAL REPLACED. THE APPOINTMENT TO FILL  SUCH
VACANCY SHALL BE MADE IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT WAS
MADE.
  6.  THE DEPARTMENT SHALL PROVIDE NECESSARY TECHNICAL AND STAFF ASSIST-
ANCE TO THE COUNCIL.
  S 198-A. PURPOSE OF THE COUNCIL. THE COUNCIL SHALL UNDERTAKE  A  THOR-
OUGH AND COMPLETE REVIEW OF EACH EXISTING FINANCIAL AND BUSINESS ASSIST-
ANCE  PROGRAM FUNDED OR ADMINISTERED BY THE DEPARTMENT, THE URBAN DEVEL-
OPMENT CORPORATION, THE NEW YORK JOB DEVELOPMENT AUTHORITY, THE NEW YORK
STATE OFFICE OF SCIENCE, TECHNOLOGY AND  ACADEMIC  RESEARCH,  AND  OTHER
AGENCIES,  PUBLIC  AUTHORITIES, AND PUBLIC BENEFIT CORPORATIONS ADMINIS-
TERING SUCH PROGRAMS AND SHALL SUBMIT A DETAILED REPORT TO THE  GOVERNOR
AND THE LEGISLATURE RECOMMENDING APPROPRIATE CHANGES AS MAY BE NECESSARY
TO ELIMINATE DUPLICATION, WHETHER IN PROGRAM DELIVERY OR ADMINISTRATION,
AND  REORGANIZE  AND STREAMLINE ECONOMIC DEVELOPMENT DELIVERY MECHANISMS
TO PROVIDE THE MOST DIRECT,  COST-EFFICIENT,  AND  EFFECTIVE  MEANS  FOR
PROVIDING STATE ECONOMIC DEVELOPMENT PROGRAMS AND SERVICES.
  S 198-B. POWERS OF THE COUNCIL. 1. THE COUNCIL IS HEREBY AUTHORIZED TO
REQUEST,  AND THE DEPARTMENT, THE URBAN DEVELOPMENT CORPORATION, THE NEW
YORK JOB DEVELOPMENT AUTHORITY, THE NEW YORK STATE  OFFICE  OF  SCIENCE,
TECHNOLOGY  AND  ACADEMIC  RESEARCH, AND OTHER AGENCIES, PUBLIC AUTHORI-
TIES, AND PUBLIC BENEFIT CORPORATIONS WHICH ADMINISTER PROGRAMS  SUBJECT
TO  REVIEW BY THE COUNCIL SHALL, WHEN REQUESTED, PROVIDE ALL INFORMATION
AND ASSISTANCE WHICH MAY BE NECESSARY OR APPROPRIATE TO ENABLE THE COUN-
CIL TO  CARRY  OUT  THE  PURPOSES  SET  FORTH  IN  SECTION  ONE  HUNDRED
NINETY-EIGHT-A OF THIS ARTICLE.
  2.  THE  COUNCIL  SHALL HAVE THE POWER TO ADMINISTER OATHS OR AFFIRMA-
TIONS, TAKE TESTIMONY, SUBPOENA WITNESSES,  REQUIRE  THE  PRODUCTION  OF
BOOKS, RECORDS, DOCUMENTS, AND PAPERS, AND HOLD PUBLIC AND PRIVATE HEAR-
INGS.
  S  198-C.  REPORTS. THE COUNCIL SHALL TRANSMIT TO THE GOVERNOR AND THE
LEGISLATURE, ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND TEN, FIND-
INGS AND RECOMMENDATIONS REGARDING REFORMS TO  THE  ORGANIZATION,  OPER-
ATIONS,  PROGRAMS, AND SERVICES OF THE DEPARTMENT, THE URBAN DEVELOPMENT
CORPORATION, THE NEW YORK JOB DEVELOPMENT AUTHORITY, THE NEW YORK  STATE
OFFICE OF SCIENCE, TECHNOLOGY AND ACADEMIC RESEARCH, AND OTHER AGENCIES,
PUBLIC  AUTHORITIES,  AND  PUBLIC  BENEFIT CORPORATIONS WHICH ADMINISTER
PROGRAMS SUBJECT TO REVIEW BY THE COUNCIL THAT WOULD IMPROVE THE  EFFEC-
TIVENESS  OF  PROGRAM  FUNDING  AND  SERVICE DELIVERY. SUCH REPORT SHALL
IDENTIFY, DESCRIBE, AND  EVALUATE  THE  EFFECTIVENESS  OF  EACH  PROGRAM
CURRENTLY FUNDED OR ADMINISTERED BY THE DEPARTMENT OR THE URBAN DEVELOP-
MENT  CORPORATION,  THE NEW YORK JOB DEVELOPMENT AUTHORITY, THE NEW YORK

S. 4437                             5

STATE OFFICE OF SCIENCE, TECHNOLOGY AND  ACADEMIC  RESEARCH,  AND  OTHER
AGENCIES,  PUBLIC  AUTHORITIES,  AND  PUBLIC  BENEFIT CORPORATIONS WHICH
ADMINISTER PROGRAMS SUBJECT TO REVIEW BY THE COUNCIL AND INCLUDE  RECOM-
MENDATIONS  REGARDING  THE  RETENTION,  MODIFICATION,  CONSOLIDATION, OR
ELIMINATION OF EACH SUCH PROGRAM. SUCH REPORT  SHALL,  FURTHER,  INCLUDE
RECOMMENDATIONS  WHICH PROMOTE ECONOMY, EFFICIENCY, AND IMPROVED SERVICE
DELIVERY AND SHALL INCLUDE WAYS TO:
  1. REFORM PERSONNEL AND MANAGEMENT SYSTEMS SO AS  TO  IMPROVE  MORALE,
INSPIRE  INITIATIVE,  MAXIMIZE  PRODUCTIVITY  AND EFFECTIVENESS, PROMOTE
PERSONAL ACCOUNTABILITY, AND REWARD EXCELLENCE;
  2. INCREASE PROGRAM RESPONSIVENESS BY REDUCING  PAPERWORK  AND  PROCE-
DURAL REQUIREMENTS;
  3. CONSOLIDATE AND STREAMLINE PROGRAMS SO AS TO REDUCE COSTS, MINIMIZE
HIERARCHY, AND FOCUS RESPONSIBILITY;
  4.  PROMOTE THE APPLICATION OF NEW INFORMATION TECHNOLOGIES TO IMPROVE
MANAGEMENT AND REDUCE ADMINISTRATIVE COSTS;
  5. CONSOLIDATE GOVERNMENTAL ADMINISTRATION OF PROGRAMS AND SERVICES TO
IMPROVE AND ENHANCE PROGRAM AND SERVICE DELIVERY;
  6. DEVELOP PROCEDURES FOR THE SUBSTANTIVE REVIEW  AND  REAUTHORIZATION
OF EACH PROGRAM OR SERVICE AT LEAST ONCE EVERY FIVE YEARS; AND
  7.  DEVELOP MECHANISMS TO PROMOTE GREATER COOPERATION AND COORDINATION
AMONG THE DEPARTMENT, THE URBAN DEVELOPMENT CORPORATION,  THE  NEW  YORK
JOB  DEVELOPMENT  AUTHORITY,  AND  THE NEW YORK STATE OFFICE OF SCIENCE,
TECHNOLOGY AND ACADEMIC RESEARCH AND THE PRIVATE SECTOR  TO  ENSURE  THE
PRESENT  AND  FUTURE  EFFECTIVENESS OF ECONOMIC DEVELOPMENT PROGRAMS AND
SERVICES.
  S 3. Subdivision 1 of section 196 of the economic development law,  as
amended  by  chapter  524  of  the  laws  of 2005, is amended to read as
follows:
  1. The commissioner shall submit to the director of  the  budget,  the
chairperson  of  the senate finance committee and the chairperson of the
assembly ways and means committee an evaluation of the  success  of  the
industrial  effectiveness  program  prepared by an entity independent of
the department.   THE DEPARTMENT  SHALL  SELECT  THE  PROGRAM  EVALUATOR
THROUGH  A  REQUEST FOR PROPOSAL PROCESS AND SHALL NOT REQUEST OR DIRECT
THE PROGRAM EVALUATOR TO ALTER THE CONTENT OF ANY  EVALUATION  SUBMITTED
OR PROPOSED TO BE SUBMITTED. THE DEPARTMENT MAY PREPARE A TIMELY WRITTEN
RESPONSE TO THE EVALUATION FINDINGS, WHICH THE EVALUATOR SHALL ATTACH TO
THE  EVALUATION.  Such  evaluation  shall  determine  whether OR NOT the
services provided have helped  client  firms  to  succeed,  based  on  a
comparison  of  the  performance  of  client firms to the norms of their
specific industry, and shall assess the effect, if any, of  the  program
on  the  continued  location  and  growth of industrial firms within the
state. Such an evaluation shall be submitted  by  September  first,  two
thousand  [five] TEN and by September first every four years thereafter.
SUCH REPORT SHALL  INCLUDE  THE  INFORMATION  REQUIRED  FOR  PERFORMANCE
REPORTS CONTAINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED OF THIS
CHAPTER.
  S  4.  Paragraph  (b)  of subdivision 7 of section 202 of the economic
development law, as amended by chapter 524  of  the  laws  of  2005,  is
amended to read as follows:
  (b) The department shall submit to the director of the division of the
budget,  the  chairperson of the senate finance committee and the chair-
person of the assembly ways and means committee an  evaluation  of  this
program  prepared  by  an  entity  independent  of the department.   THE
DEPARTMENT SHALL SELECT THE PROGRAM  EVALUATOR  THROUGH  A  REQUEST  FOR

S. 4437                             6

PROPOSAL  PROCESS  AND SHALL NOT REQUEST OR DIRECT THE PROGRAM EVALUATOR
TO ALTER THE CONTENT OF ANY  EVALUATION  SUBMITTED  OR  PROPOSED  TO  BE
SUBMITTED.  THE  DEPARTMENT MAY PREPARE A TIMELY WRITTEN RESPONSE TO THE
EVALUATION FINDINGS, WHICH THE EVALUATOR SHALL ATTACH TO THE EVALUATION.
Such  evaluation  shall INCLUDE THE INFORMATION REQUIRED FOR PERFORMANCE
REPORTS CONTAINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED OF THIS
CHAPTER AND SHALL be submitted by September first, two  thousand  [five]
TEN and by September first every four years thereafter.
  S  5.  The  opening  paragraph  of  subdivision 2 and paragraph (a) of
subdivision 3 of section 213 of the economic development law, the  open-
ing  paragraph  of  subdivision 2 as added by chapter 839 of the laws of
1987 and paragraph (a) of subdivision 3 as amended by chapter 524 of the
laws of 2005, are amended to read as follows:
  [evaluate] SUBMIT AN  EVALUATION  OF  the  entrepreneurial  assistance
programs established under this article, PREPARED BY AN ENTITY INDEPEND-
ENT OF THE DEPARTMENT, and report, on or before October first, [nineteen
hundred  eighty-eight]  TWO  THOUSAND TEN, and on or before each October
first thereafter, and submit the  results  of  such  evaluation  to  the
governor  and  the legislature.  THE DEPARTMENT SHALL SELECT THE PROGRAM
EVALUATOR THROUGH A REQUEST FOR PROPOSAL PROCESS AND SHALL  NOT  REQUEST
OR  DIRECT  THE PROGRAM EVALUATOR TO ALTER THE CONTENT OF ANY EVALUATION
SUBMITTED OR PROPOSED TO BE SUBMITTED.  THE  DEPARTMENT  MAY  PREPARE  A
TIMELY  WRITTEN RESPONSE TO THE EVALUATION FINDINGS, WHICH THE EVALUATOR
SHALL ATTACH TO THE EVALUATION. Such report shall INCLUDE  THE  INFORMA-
TION  REQUIRED FOR PERFORMANCE REPORTS CONTAINED IN SUBDIVISION NINETEEN
OF SECTION ONE HUNDRED OF THIS CHAPTER AND SHALL discuss:
  (a) submit to the director of the division of the budget,  the  chair-
person of the senate finance committee and the chairperson of the assem-
bly  ways  and means committee an evaluation of the effectiveness of the
programs established under this article prepared by an entity  independ-
ent  of  the department.  THE DEPARTMENT SHALL SELECT THE PROGRAM EVALU-
ATOR THROUGH A REQUEST FOR PROPOSAL PROCESS AND  SHALL  NOT  REQUEST  OR
DIRECT  THE  PROGRAM  EVALUATOR  TO  ALTER THE CONTENT OF ANY EVALUATION
SUBMITTED OR PROPOSED TO BE SUBMITTED.  THE  DEPARTMENT  MAY  PREPARE  A
TIMELY  WRITTEN RESPONSE TO THE EVALUATION FINDINGS, WHICH THE EVALUATOR
SHALL ATTACH TO THE EVALUATION. Such evaluation shall INCLUDE THE INFOR-
MATION REQUIRED FOR PERFORMANCE REPORTS CONTAINED IN  SUBDIVISION  NINE-
TEEN  OF  SECTION  ONE HUNDRED OF THIS CHAPTER AND SHALL be submitted by
September first, two thousand [five] TEN and by  September  first  every
four years thereafter.
  S  6.  Paragraph  (a)  of subdivision 3 of section 223 of the economic
development law, as amended by chapter 524  of  the  laws  of  2005,  is
amended to read as follows:
  (a)  Submit  to the director of the division of the budget, the chair-
person of the senate finance committee and the chairperson of the assem-
bly ways and means committee  an  evaluation  of  program  effectiveness
prepared  by  an  entity  independent of the department.  THE DEPARTMENT
SHALL SELECT THE PROGRAM EVALUATOR THROUGH A REQUEST FOR PROPOSAL  PROC-
ESS  AND  SHALL NOT REQUEST OR DIRECT THE PROGRAM EVALUATOR TO ALTER THE
CONTENT OF ANY EVALUATION SUBMITTED OR PROPOSED  TO  BE  SUBMITTED.  THE
DEPARTMENT MAY PREPARE A TIMELY WRITTEN RESPONSE TO THE EVALUATION FIND-
INGS, WHICH THE EVALUATOR SHALL ATTACH TO THE EVALUATION. Such an evalu-
ation  shall  INCLUDE  THE  INFORMATION REQUIRED FOR PERFORMANCE REPORTS
CONTAINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED OF THIS CHAPTER
AND SHALL be submitted on or before September first, two thousand [five]
TEN and on or before September first every four years thereafter.

S. 4437                             7

  S 7. Subdivisions 9 and 10 of section 224 of the economic  development
law, as added by chapter 291 of the laws of 1990, are amended to read as
follows:
  9.  Reporting.  On  or before October first, [nineteen hundred ninety-
one] TWO THOUSAND TEN and on or before October first of each year there-
after, the commissioner shall report to the governor and the legislature
on the operation and accomplishments of the export diagnostic and market
development program, including but not limited to the  number  of  firms
assisted,  the number of export diagnostic assessments and export market
development plans completed, the degree to which productivity and export
activity of participants were increased, the  total  costs  per  project
[and],  the  number  of  jobs  created  due to state assistance, AND THE
INFORMATION REQUIRED FOR PERFORMANCE REPORTS  CONTAINED  IN  SUBDIVISION
NINETEEN OF SECTION ONE HUNDRED OF THIS CHAPTER.
  10.  Evaluation.  The commissioner shall submit to the director of the
division of the budget, the [chairman] CHAIRPERSON of the senate finance
committee, and the [chairman] CHAIRPERSON of the assembly ways and means
committee an evaluation of the export diagnostic and market  development
program  prepared  by  an  entity  independent  of the department.   THE
DEPARTMENT SHALL SELECT THE PROGRAM  EVALUATOR  THROUGH  A  REQUEST  FOR
PROPOSAL  PROCESS  AND SHALL NOT REQUEST OR DIRECT THE PROGRAM EVALUATOR
TO ALTER THE CONTENT OF ANY  EVALUATION  SUBMITTED  OR  PROPOSED  TO  BE
SUBMITTED.  THE  DEPARTMENT MAY PREPARE A TIMELY WRITTEN RESPONSE TO THE
EVALUATION FINDINGS, WHICH THE EVALUATOR SHALL ATTACH TO THE EVALUATION.
Such [an] evaluation shall INCLUDE THE INFORMATION REQUIRED FOR PERFORM-
ANCE REPORTS CONTAINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED OF
THIS CHAPTER AND SHALL be submitted on or before September first, [nine-
teen hundred ninety-two] TWO THOUSAND TEN and  on  or  before  September
first every two years thereafter.
  S  8.  Subdivisions 4 and 5 of section 225 of the economic development
law, as added by chapter 291 of the laws of 1990, are amended to read as
follows:
  4. Reporting. On or before October first,  [nineteen  hundred  ninety-
one] TWO THOUSAND TEN and on or before October first of each year there-
after, the commissioner shall report to the governor and the legislature
on the operation and accomplishments of the export finance service. SUCH
REPORT  SHALL  INCLUDE  THE INFORMATION REQUIRED FOR PERFORMANCE REPORTS
CONTAINED IN SUBDIVISION NINETEEN OF SECTION ONE HUNDRED OF  THIS  CHAP-
TER.
  5.  Evaluation.  The  commissioner shall submit to the director of the
division of the budget, the [chairman] CHAIRPERSON of the senate finance
committee, and the [chairman] CHAIRPERSON of the assembly ways and means
committee an evaluation of the export finance  service  prepared  by  an
entity  independent  of the department.  THE DEPARTMENT SHALL SELECT THE
PROGRAM EVALUATOR THROUGH A REQUEST FOR PROPOSAL PROCESS AND  SHALL  NOT
REQUEST  OR  DIRECT  THE  PROGRAM  EVALUATOR TO ALTER THE CONTENT OF ANY
EVALUATION SUBMITTED OR PROPOSED TO BE  SUBMITTED.  THE  DEPARTMENT  MAY
PREPARE  A TIMELY WRITTEN RESPONSE TO THE EVALUATION FINDINGS, WHICH THE
EVALUATOR SHALL ATTACH TO THE EVALUATION.  Such  [an]  evaluation  shall
INCLUDE  THE  INFORMATION  REQUIRED FOR PERFORMANCE REPORTS CONTAINED IN
SUBDIVISION NINETEEN OF SECTION ONE HUNDRED OF THIS CHAPTER AND SHALL be
submitted on or before September first,  [nineteen  hundred  ninety-two]
TWO THOUSAND TEN and on or before September first every two years there-
after.

S. 4437                             8

  S  9.  Paragraph  (a)  of subdivision 9 of section 250 of the economic
development law, as amended by chapter 524  of  the  laws  of  2005,  is
amended to read as follows:
  (a) The department shall submit to the director of the division of the
budget,  the  chairperson of the senate finance committee and the chair-
person of the assembly  ways  and  means  committee,  an  evaluation  of
program  effectiveness  prepared by an entity independent of the depart-
ment.   THE DEPARTMENT SHALL SELECT  THE  PROGRAM  EVALUATOR  THROUGH  A
REQUEST FOR PROPOSAL PROCESS AND SHALL NOT REQUEST OR DIRECT THE PROGRAM
EVALUATOR  TO  ALTER THE CONTENT OF ANY EVALUATION SUBMITTED OR PROPOSED
TO BE SUBMITTED. THE DEPARTMENT MAY PREPARE A TIMELY WRITTEN RESPONSE TO
THE EVALUATION FINDINGS, WHICH THE EVALUATOR SHALL ATTACH TO THE  EVALU-
ATION.  Such  an  evaluation  shall INCLUDE THE INFORMATION REQUIRED FOR
PERFORMANCE REPORTS CONTAINED IN SUBDIVISION  NINETEEN  OF  SECTION  ONE
HUNDRED  OF  THIS  CHAPTER AND SHALL be submitted on or before September
first, two thousand [five] TEN, and on or before September  first  every
four years thereafter.
  S  10.  This  act  shall  take  effect  immediately; provided that the
provisions of article 7-A of the  economic  development  law,  added  by
section  two  of  this  act, shall take effect on the first of September
next succeeding the date on which it shall have become a law  and  shall
expire  and  be  deemed  repealed 2 years after such effective date; and
provided further that, insofar as the amendment of  sections  223,  224,
and 225 of the economic development law made by sections six, seven, and
eight,  respectively,  of  this act pertain to the port authority of New
York and New Jersey, each shall respectively apply to such port authori-
ty only upon the enactment into law by the state of New Jersey of legis-
lation having an identical effect with sections six, seven, and eight of
this act, respectively, but if  the  state  of  New  Jersey  shall  have
already  enacted such legislation, the corresponding section of this act
shall apply to such port authority immediately provided that the commis-
sioner of economic development shall notify the legislative bill  draft-
ing  commission  upon the occurrence of the enactment of the legislation
provided for in sections six, seven and eight of this act in order  that
the  commission  may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law  and
section 70-b of the public officers law.