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

                                 1912--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 14, 2011
                               ___________

Introduced  by Sens. SERRANO, KRUEGER, PERKINS -- read twice and ordered
  printed, and when printed to be committed to the Committee  on  Corpo-
  rations,  Authorities  and Commissions -- recommitted to the Committee
  on Corporations, Authorities and Commissions in accordance with Senate
  Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN ACT to amend the New York state urban development corporation act, in
  relation  to establishing a Second Avenue Subway construction economic
  development grant program; and to amend the economic development  law,
  in relation to the definition of micro business

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

  Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
the  New  York  state  urban  development corporation act, is amended by
adding a new section 16-v to read as follows:
  S 16-V. SECOND AVENUE SUBWAY CONSTRUCTION ECONOMIC  DEVELOPMENT  GRANT
PROGRAM. (1) THERE IS HEREBY CREATED A SECOND AVENUE SUBWAY CONSTRUCTION
ECONOMIC  DEVELOPMENT  GRANT PROGRAM FOR THE PURPOSE OF PROVIDING FINAN-
CIAL AND TECHNICAL ASSISTANCE TO BUSINESSES LOCATED  WITHIN  THE  SECOND
AVENUE   SUBWAY  CONSTRUCTION  BUSINESS  ZONE  AREA  DURING  PERIODS  OF
CONSTRUCTION.
  (2) FOR THE PURPOSES OF THIS SECTION  THE  FOLLOWING  WORDS  OR  TERMS
SHALL MEAN AS FOLLOWS:
  (A) "SMALL BUSINESS" SHALL HAVE THE SAME MEANING AS DEFINED IN SECTION
131 OF THE ECONOMIC DEVELOPMENT LAW.
  (B) "QUALIFIED BUSINESS" SHALL MEAN A SMALL BUSINESS OR MICRO BUSINESS
OPERATING  WITHIN  A  ONE HUNDRED FIFTY FOOT RADIUS OF THE BUSINESS ZONE
AREA DURING A PERIOD OF AUTHORIZED CONSTRUCTION, AND THE BUSINESS HAS  A
DEMONSTRATED LOSS.
  (C) "BUSINESS ZONE AREA" SHALL MEAN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00212-02-2

              

S. 1912--A                          2

  (I)  AN  AREA  IN  WHICH  THE CHAIR OF THE CORPORATION DETERMINES THAT
CONSTRUCTION ON THE SECOND AVENUE SUBWAY PROJECT HAS OCCURRED  THAT  HAS
BEEN  CERTIFIED  BY THE COMMISSIONER FOR THE METROPOLITAN TRANSPORTATION
AUTHORITY; OR
  (II) THE FOLLOWING AREAS:
  (A) 125TH STREET FROM 5TH AVENUE TO 3RD AVENUE;
  (B) 2ND AVENUE FROM 129TH STREET TO 91ST STREET;
  (C) 2ND AVENUE FROM 87TH STREET TO 83RD STREET;
  (D) 2ND AVENUE FROM 73RD STREET TO 69TH STREET;
  (E) 2ND AVENUE FROM 65TH STREET TO 58TH STREET;
  (F) 2ND AVENUE FROM 45TH STREET TO 41ST STREET;
  (G) 2ND AVENUE FROM 36TH STREET TO 32ND STREET;
  (H) 2ND AVENUE FROM 26TH STREET TO 23RD STREET;
  (I) 2ND AVENUE FROM 15TH STREET TO 11TH STREET;
  (J) 2ND AVENUE FROM 6TH STREET TO 4TH STREET;
  (K) 2ND AVENUE FROM 4TH STREET TO HOUSTON STREET;
  (L) CHRYSTIE STREET FROM HOUSTON STREET TO CANAL STREET;
  (M) BOWERY FROM PELL STREET TO WORTH STREET;
  (N) WORTH STREET FROM MOTT STREET TO ST. JAMES PLACE;
  (O) WATER STREET FROM DOVER STREET TO JOHN STREET;
  (P) WATER STREET FROM WALL STREET TO COENTIES SLIP.
  (D)  "MICRO  BUSINESS" SHALL HAVE THE SAME MEANING AS IN SECTION 131-A
OF THE ECONOMIC DEVELOPMENT LAW.
  (E) "PERIOD OF AUTHORIZED CONSTRUCTION" SHALL  MEAN  THOSE  DATES  FOR
WHICH  THE  CHAIR OF THE CORPORATION DETERMINES THAT CONSTRUCTION ON THE
SECOND AVENUE SUBWAY PROJECT HAS OCCURRED FOR THE  SPECIFIC  PORTION  OF
THE BUSINESS ZONE AREA.
  (F)  "DEMONSTRATED LOSS" MEANS A TEN PERCENT DECLINE IN TAXABLE INCOME
IN THE YEAR IN WHICH THE GRANT IS APPLIED FOR COMPARED TO THE  BUSINESS'
BASE FISCAL YEAR.
  (G)  "BASE  FISCAL  YEAR" MEANS THE TAX YEAR IMMEDIATELY PRECEDING THE
YEAR IN WHICH CONSTRUCTION BEGAN IN THAT PORTION OF  THE  BUSINESS  ZONE
AREA IN WHICH THE BUSINESS IS LOCATED.
  (H)  "ENDANGERED  BUSINESS"  MEANS  A BUSINESS THAT WOULD OTHERWISE BE
DEEMED A QUALIFIED BUSINESS AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, BUT WHO CAN SHOW A DEMONSTRATED LOSS OF A THIRTY  PERCENT  DECLINE
IN  TAXABLE  INCOME  IN  ANY  GIVEN  YEAR COMPARED TO THE BUSINESS' BASE
FISCAL YEAR.
  (I) "TERMINAL BUSINESS" MEANS  A  BUSINESS  THAT  WOULD  OTHERWISE  BE
DEEMED A QUALIFIED BUSINESS AS DEFINED IN PARAGRAPH (B) OF THIS SUBDIVI-
SION, BUT WHO CAN SHOW A DEMONSTRATED LOSS OF A FIFTY PERCENT DECLINE IN
TAXABLE  INCOME  IN ANY GIVEN YEAR COMPARED TO THE BUSINESS' BASE FISCAL
YEAR.
  (3) ASSISTANCE, OUT OF MONEYS MADE AVAILABLE FOR THIS  PROGRAM,  SHALL
BE PROVIDED TO QUALIFIED BUSINESSES FOR THE FOLLOWING PURPOSES:
  (A) CAPITAL IMPROVEMENTS COSTS RELATED TO THE FOLLOWING:
  (I)  IMPROVING SIGNAGE SO THAT PEDESTRIANS CAN EASILY SEE AND IDENTIFY
THE BUSINESS AS AN OPERATING BUSINESS;
  (II) EXPANDING EXISTING ENTRYWAYS TO THE BUSINESS;
  (III) ALTERING THE EXISTING ENTRYWAYS, WINDOWS, WALLS OR STRUCTURE  TO
PREVENT OR MINIMIZE EXCESSIVE NOISE OCCURRING FROM THE CONSTRUCTION;
  (IV) IMPROVING VENTILATION WITHIN THE BUILDING TO MAINTAIN AIR QUALITY
WITHIN THE BUSINESS;
  (V)  EQUIPMENT,  MACHINERY, FURNITURE, FIXTURES AND FITTINGS NECESSARY
TO THE RUNNING OF A QUALIFIED BUSINESS THAT  SHALL  BE  AFFIXED  TO  AND

S. 1912--A                          3

REMAIN  A  PART  OF  THE QUALIFIED BUSINESS LOCATION WITHIN THE BUSINESS
ZONE AREA; AND
  (VI) SUCH OTHER CAPITAL IMPROVEMENTS AS DETERMINED BY THE CHAIR OF THE
CORPORATION.
  (B) MARKETING AND ADVERTISING COSTS.
  (C)  FOR  ENDANGERED  BUSINESSES,  AS  DETERMINED  BY THE CHAIR OF THE
CORPORATION, SUCH AS:
  (I) PAYROLL ASSISTANCE;  PROVIDED,  HOWEVER,  ANY  PAYROLL  ASSISTANCE
PAYMENTS  MADE  MUST BE MADE TO AN EMPLOYEE WHO HAS BEEN EMPLOYED BY THE
BUSINESS FOR AT LEAST ONE YEAR, DOES NOT HAVE AN OWNERSHIP  INTEREST  IN
THE  BUSINESS,  AND IS NOT RELATED, EITHER THROUGH BLOOD OR MARRIAGE, TO
THE OWNER OF THE BUSINESS;
  (II) RENTAL PAYMENT ASSISTANCE, WHETHER FOR REAL PROPERTY OR EQUIPMENT
AND SERVICES;
  (III) UTILITIES, INCLUDING BUT  NOT  LIMITED  TO  ELECTRICITY,  PHONE,
CABLE, INTERNET, AND WATER; AND
  (IV) INSURANCE, AS DETERMINED BY THE CHAIR OF THE CORPORATION.
  (D)  FOR TERMINAL BUSINESSES, AS DETERMINED BY THE CHAIR OF THE CORPO-
RATION, SUCH AS:
  (I) ASSISTANCE OFFERED TO QUALIFIED AND  ENDANGERED  BUSINESSES  UNDER
THIS SUBDIVISION; AND
  (II)  PROFESSIONAL  COUNSELING SERVICES, DISSOLUTION SERVICES, PROFES-
SIONAL BANKRUPTCY ASSISTANCE SERVICES, AND DEBT MANAGEMENT SERVICES.
  (4) THE CHAIRMAN SHALL ESTABLISH RULES AND REGULATIONS TO ENSURE  THAT
ALL  MONEYS  GIVEN  PURSUANT  TO  THIS SECTION ARE USED FOR THE PURPOSES
SPECIFIED BY THE APPLICANT. IF IT IS  DETERMINED  THAT  A  RECIPIENT  OF
FUNDS  USED  THE MONEY IN A MANNER INCONSISTENT WITH THE INFORMATION SET
OUT IN HIS OR HER APPLICATION, THE APPLICANT SHALL BE REQUIRED TO  REIM-
BURSE THE CORPORATION TWICE THE AMOUNT GIVEN TO THE APPLICANT.
  (5) THE CORPORATION SHALL ALSO:
  (A)  (I)  ESTABLISH  A  COMPREHENSIVE  TECHNICAL ASSISTANCE PROGRAM IN
COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO ASSIST  SMALL
AND  MICRO  BUSINESSES  THROUGH  THIRD  PARTY  SERVICE  PROVIDERS, WHICH
ASSISTANCE SHALL INCLUDE, BUT NOT BE LIMITED TO:
  (A) TECHNICAL ASSISTANCE WITH APPLICATIONS FOR  OBTAINING  FUNDS  FROM
PUBLIC AND PRIVATE FINANCING SOURCES;
  (B) TECHNICAL ASSISTANCE IN THE DEVELOPMENT OF A WORKING CAPITAL BUDG-
ET;
  (C)  REFERRALS TO OTHER PROVIDERS OF TECHNICAL ASSISTANCE TO SMALL AND
MICRO  BUSINESSES,  WHERE  APPROPRIATE,  INCLUDING  THE  ENTREPRENEURIAL
ASSISTANCE  PROGRAM  ESTABLISHED  PURSUANT  TO ARTICLE 9 OF THE ECONOMIC
DEVELOPMENT LAW; AND
  (D) TECHNICAL ASSISTANCE THROUGH EDUCATION PROGRAMS.
  (II) TECHNICAL ASSISTANCE MAY BE  PROVIDED  THROUGH  DIRECT  CORPORATE
SUPPORT,  OR  THROUGH  GRANTS  TO OR CONTRACTS WITH SERVICE PROVIDERS OR
GOVERNMENTAL ENTITIES.
  (B) ESTABLISH PROGRAMS TO ASSIST SMALL AND MICRO BUSINESSES IN  DEVEL-
OPING  WORKPLACE  POLICIES,  INCLUDING  BUT NOT LIMITED TO THE DESIGN OF
EMPLOYEE BENEFIT AND  ASSISTANCE  PROGRAMS  AND  DEVELOPING  CHILD  CARE
PROGRAMS.
  (C)  PROVIDE  GRANTS TO BUSINESS IMPROVEMENT DISTRICTS, LOCAL DEVELOP-
MENT CORPORATIONS, OTHER NOT-FOR-PROFIT ECONOMIC  DEVELOPMENT  ORGANIZA-
TIONS, AND MUNICIPALITIES FOR TOURISM, MARKETING, PROMOTION, INFORMATION
ACTIVITIES AND COMMERCIAL REVITALIZATION ACTIVITIES IN THE BUSINESS ZONE
AREA,  SUCH ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, JOINT PRINT,
MAILED AND INTERNET ADVERTISEMENTS, MARKETING CAMPAIGNS  AND  REDEVELOP-

S. 1912--A                          4

MENT WORK IN CONNECTION WITH THE DESIGN AND IMPLEMENTATION OF A PLAN FOR
FACADE  AND  OTHER IMPROVEMENTS THROUGHOUT THE BUSINESS ZONE AREA.  SUCH
GRANTS MAY INCLUDE  MONIES  AVAILABLE  FOR  INDIVIDUAL  PROPERTY  OWNERS
AND/OR TENANTS WHO AGREE TO IMPROVE THEIR PROPERTY IN ACCORDANCE WITH AN
OVERALL  DESIGN  PLAN,  PROVIDED  THAT,  SUCH INDIVIDUAL PROPERTY OWNERS
AND/OR TENANTS SHALL BE REQUIRED TO MATCH AT LEAST FIFTY PERCENT OF  THE
AMOUNT OF ANY GRANT AWARDED TO THEM.
  (D) PROVIDE GRANTS TO SMALL AND MICRO BUSINESSES TO OFFSET COSTS ASSO-
CIATED  WITH  THE START-UP OF NEW BUSINESS ENTERPRISES PROVIDED THAT THE
SPACE IN WHICH THE BUSINESS IS GOING TO BE LOCATED HAS BEEN  VACANT  FOR
AT  LEAST  ONE  YEAR, THE BUSINESS OWNER HAS ENTERED INTO A LEASE FOR AT
LEAST TWO YEARS AND THE LANDLORD OR BUSINESS OWNER SHALL BE REQUIRED  TO
MATCH  AT  LEAST  HALF  THE  AMOUNT  OF ANY GRANT AWARDED TO THEM.  SUCH
GRANTS MAY BE USED TO PROVIDE TECHNICAL ASSISTANCE  IN  DEVELOPMENT  AND
EXECUTION OF BUSINESS PLANS, INCLUDING THE FORMATION OF, ACQUISITION OF,
MANAGEMENT OF, OR DIVERSIFICATION OF A SMALL OR MICRO BUSINESS.
  (6)(A)  THE  CORPORATION SHALL, WITHIN AVAILABLE APPROPRIATIONS, AWARD
GRANTS OR ENTER INTO CONTRACTS FOR SERVICES PURSUANT TO THIS SECTION  TO
SMALL  AND MICRO BUSINESSES, THROUGH DIRECT APPLICATIONS ACCEPTED AT THE
DISCRETION OF THE CORPORATION. FOR THE PURPOSES OF THIS SUBDIVISION  THE
CORPORATION  SHALL  ENTER  INTO  ANNUAL  CONTRACTS FOR SERVICES OR AWARD
GRANTS IN AN AMOUNT EQUAL TO FIFTY PERCENT OF THE TOTAL PROJECT COSTS TO
QUALIFIED BUSINESSES.
  (B) THE CORPORATION SHALL ENTER INTO NO MORE THAN ONE CONTRACT OR MAKE
MORE THAN ONE GRANT PER YEAR PER APPLICANT UNDER THIS  SUBDIVISION  WITH
ANY QUALIFIED BUSINESS REGARDLESS OF THE NUMBER OF PROJECTS FOR WHICH AN
APPLICANT  HAS  APPLIED  AND FOR WHICH FUNDING HAS BEEN APPROVED. IN THE
CASE OF APPLICATIONS FOR MULTIPLE PROJECTS TO BE CONDUCTED BY  A  SINGLE
APPLICANT,  THE  CORPORATION  MAY, AT ITS DISCRETION, PROVIDE A GRANT OR
ENTER INTO A SINGLE CONTRACT FOR SERVICES WITH THE APPLICANT FOR SOME OR
ALL OF THE PROJECTS FOR WHICH AN APPLICANT HAS APPLIED.
  (C) NOT-FOR-PROFIT CORPORATIONS, BUSINESS  IMPROVEMENT  DISTRICTS  AND
COMMUNITY  DEVELOPMENT  ORGANIZATIONS  SHALL  BE  ELIGIBLE  TO APPLY FOR
SUPPORT UNDER THIS SUBDIVISION TO OPERATE A PROGRAM OR PROGRAMS OF BUSI-
NESS AND ECONOMIC DEVELOPMENT SERVICES TO STABILIZE, RETAIN OR  REVITAL-
IZE EXISTING QUALIFIED BUSINESSES, AND TO ASSIST SMALL, MICRO, AND REIN-
VESTING   BUSINESSES,  INCLUDING,  BUT  NOT  LIMITED  TO  ASSISTANCE  TO
INDIVIDUAL BUSINESSES IN SUCH PROJECT AREAS AS:
  (I) BUSINESS  PLANNING,  MANAGEMENT  ASSISTANCE  AND  COUNSELING,  AND
FINANCIAL  PACKAGING ASSISTANCE TO SMALL AND MICRO BUSINESSES, INCLUDING
THE  ESTABLISHMENT  OF  NEIGHBORHOOD-BASED  BUSINESS   SERVICE   CENTERS
DESIGNED  TO DELIVER COMPREHENSIVE TECHNICAL ASSISTANCE TO NEW AND SMALL
BUSINESSES IN SPECIFIC COMMUNITIES AND NEIGHBORHOODS;
  (II) PROGRAMS TO ASSIST SMALL AND MICRO  BUSINESSES  IN  THE  BUSINESS
ZONE  AREA  TO  IDENTIFY NEW BUSINESS OPPORTUNITIES, PLAN FOR NEW ENTER-
PRISE DEVELOPMENT, AND MANAGE ECONOMIC DEVELOPMENT PROJECTS;
  (III) INNOVATIVE PROGRAMS OF PUBLIC AND PRIVATE COOPERATION TO  FOSTER
NEW ENTERPRISE DEVELOPMENT AND SMALL AND MICRO BUSINESS GROWTH;
  (IV) PROGRAMS TO ASSIST NEW ENTERPRISES AND SMALL AND MICRO BUSINESSES
TO  IDENTIFY  AND  ACCESS  PUBLIC AND PRIVATE SOURCES OF EQUITY, WORKING
CAPITAL AND OTHER TYPES OF FINANCING; AND
  (V) PROGRAMS THAT IMPROVE THE ABILITY OF SMALL AND MICRO BUSINESSES TO
ACCESS STATE JOB TRAINING PROGRAMS.
  (7) ANY APPLICANT, WHO IS AWARDED A GRANT  PURSUANT  TO  THIS  SECTION
WHERE  THE  MONEYS  OF  SUCH  GRANT ARE TO BE USED FOR THE CONSTRUCTION,
DEMOLITION, RECONSTRUCTION, EXCAVATION,  REHABILITATION,  REPAIR,  RENO-

S. 1912--A                          5

VATION  OR  ALTERATION OF A FACILITY OR AN IMPROVEMENT TO PROPERTY SHALL
REQUIRE THAT THE WORK COVERED BY SUCH CONTRACT SHALL BE  DEEMED  "PUBLIC
WORK"  AND  SUBJECT TO AND PERFORMED IN ACCORDANCE WITH ARTICLES 8 AND 9
OF THE LABOR LAW.
  (8)  AN  APPLICANT WHO RECEIVES A GRANT PURSUANT TO THIS SECTION SHALL
ENSURE AND SHALL SIGN A WRITTEN DECLARATION PRIOR TO RECEIVING ANY FUNDS
STATING THAT ALL PROVISIONS OF THE LABOR LAW, SPECIFICALLY INCLUDING THE
MINIMUM WAGE PROVISIONS OF ARTICLE 19 OF THE LABOR LAW, ARE  ADHERED  TO
BY THE BUSINESS RECEIVING THE GRANT.
  S  2.  The economic development law is amended by adding a new section
131-a to read as follows:
  S 131-A. DEFINITION OF A MICRO BUSINESS.  FOR  THE  PURPOSES  OF  THIS
CHAPTER, A MICRO BUSINESS SHALL BE DEEMED TO BE ONE WHICH IS RESIDENT IN
THIS  STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD
AND EMPLOYS TEN OR LESS PERSONS ON A FULL-TIME BASIS.
  S 3. This act shall take effect immediately.