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

                                 2353--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  LUPARDO, COLTON, COOK, WEPRIN,
  ROBINSON -- Multi-Sponsored by -- M. of A. SWEENEY --  read  once  and
  referred  to  the  Committee  on  Small Business -- recommitted to the
  Committee on Small Business in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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:

  Section  1.  Subdivisions  7,  8,  9,  10 and 11 of section 134 of the
economic development law, subdivision 7 as added by chapter 547  of  the
laws  of  1976,  subdivision 8 as amended and subdivision 11 as added by
chapter 361 of the laws of 2009, subdivision 9 as amended by chapter 490
of the laws of 1993 and subdivision 10 as added by chapter  543  of  the
laws of 2002, are amended to read as follows:
  7.  review  pending  legislation affecting small-businesses and report
its findings to the commissioner; [and]
  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-bu-
sinesses 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, including
without limitation educating  small  contractors  about  surety  bonding

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02680-02-4
              

A. 2353--A                          2

requirements  on state contracts, and identifying resources available to
such contractors in obtaining their first bond and in  increasing  their
bonding  capacity,  including but not limited to the federal small busi-
ness administration bond guarantee program[.];
  9.  ADVISE  AND  MAKE  RECOMMENDATIONS  TO THE COMMISSIONER ON MATTERS
AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES;
  10. the commissioner and the commissioners of agriculture and  markets
and  the  office of general services shall initiate and encourage small-
business education programs and coordinate with  the  functions  of  the
office  of  general  services, pursuant to subdivision (b) of THE FORMER
section one hundred sixty-one-b of the state finance law, an information
and outreach program directed toward informing  eligible  businesses  in
the  state  of  procedures necessary for competing for purchases of food
products pursuant to THE FORMER section one  hundred  seventy-four-a  of
the  state  finance  law  and 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 informa-
tion 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 THE FORMER section one hundred
seventy-four-a of the state  finance  law  and  subdivision  eight-a  of
section one hundred three of the general municipal law[.];
  [10.] 11. 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[.]; AND
  [11.] 12. provide assistance to  small  business  in  the  state,  and
facilitate  access  to  programs  serving small business, to ensure that
such businesses benefit, as needed, from technical,  managerial,  finan-
cial, and general business assistance; training; marketing; organization
and personnel skill development; project management assistance; technol-
ogy assistance; bond and insurance education assistance; and other busi-
ness  development  assistance.  In  addition, either independently or in
conjunction with other state agencies:
  (a) develop a clearinghouse of information on  programs  and  services
provided by entities that may assist such businesses; and
  (b)  seek  to  maximize  utilization  by small businesses of available
federal resources including but not limited to  federal  grants,  loans,
loan  guarantees,  surety  bonding guarantees, technical assistance, and
programs and services of the federal small business administration.
  S 2. 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-w to read as follows:
  S  16-W.  MAIN  STREET  CENTER GRANT PROGRAM. 1. THE CORPORATION SHALL
ADMINISTER A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH  OF
THE  COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE BOROUGHS
OF NEW YORK CITY.
  2. EACH COUNTY MAIN STREET CENTER  SHALL  BE  ELIGIBLE  TO  RECEIVE  A
MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION
OF  THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A FULL-
TIME EMPLOYEE TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS  MAY  BE
USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
  3.  EACH  CENTER  SHALL  HOUSE  A COMPREHENSIVE LIBRARY OF MAIN STREET
PUBLICATIONS AVAILABLE TO BE LOANED.
  4. EACH CENTER SHALL DEVELOP A  CENTRAL  DATABASE  OF  ALL  STATE  AND
FEDERAL  GRANT  RESOURCES.  THE  CORPORATION  SHALL ASSIST LOCALITIES IN

A. 2353--A                          3

IDENTIFYING POTENTIAL SOURCES OF FUNDING AND PROVIDE  TECHNICAL  ASSIST-
ANCE REGARDING GRANT PROCUREMENT.
  5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR-
ING  THAT  FACADE  RENOVATIONS  ARE  DONE  IN A MANNER THAT RESPECTS THE
ARCHITECTURE OF THE BUILDING TO BE RENOVATED AND HELPS  TO  ENHANCE  THE
HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
  S 3. The executive law is amended by adding two new sections 102-a and
149-a to read as follows:
  S 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
ON  OR AFTER JANUARY FIRST, TWO THOUSAND FOURTEEN, ALL RULE-MAKING DOCU-
MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT.
THE SECRETARY OF STATE  SHALL  MAKE  SUCH  DOCUMENTS  AVAILABLE  WITHOUT
CHARGE  TO  THE  PUBLIC ELECTRONICALLY, AND SHALL DISSEMINATE SUCH DOCU-
MENTS WITHOUT CHARGE TO INTERESTED PARTIES BY VARIOUS  MEANS,  INCLUDING
AT  A  MINIMUM  THROUGH ONE OR MORE ELECTRONIC MAILING LISTS, RSS FEEDS,
AND ANY OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO  BE  EFFECTIVE
IN  PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION. AT
LEAST ONE SUCH MEANS SHALL UTILIZE A RULES TRACKER  PROGRAM  OR  SIMILAR
PROGRAM  THAT  ENABLES  A  USER TO CUSTOMIZE THE RULE-MAKING INFORMATION
THAT WILL BE PROVIDED.
  2. FOR THE PURPOSES OF THIS SECTION, THE  TERM  "RSS"  OR  "RICH  SITE
SUMMARY"  SHALL  MEAN  A  FORMAT  FOR  DELIVERING REGULARLY CHANGING WEB
CONTENT.
  S 149-A. ONLINE PUBLICATION OF STATE REGISTER.  1.  THE  SECRETARY  OF
STATE  SHALL  PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER ON ITS
WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE.
  2. THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES  AND
REGULATIONS  OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN A
LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER.
  S 4. Paragraph (a) of subdivision 6-a of  section  202  of  the  state
administrative  procedure  act, as amended by chapter 171 of the laws of
1994, is amended to read as follows:
  (a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article to the governor, the temporary president of the
senate, the speaker of the assembly, THE MINORITY LEADER OF THE  SENATE,
THE  MINORITY  LEADER  OF  THE  ASSEMBLY, the administrative regulations
review commission and the office of regulatory and management assistance
at the time such notice is submitted  to  the  secretary  of  state  for
publication  in  the  state register. Such transmittal shall include the
complete rule text, regulatory impact statement, regulatory  flexibility
analysis, rural area flexibility analysis, or revisions thereof, and any
other  information  submitted to the secretary of state pursuant to this
article.
  S 5. This act shall take effect immediately.

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

                                 2353--B

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 14, 2013
                               ___________

Introduced  by  M.  of  A.  SCARBOROUGH,  LUPARDO, COLTON, COOK, WEPRIN,
  ROBINSON -- Multi-Sponsored by -- M. of A. SWEENEY --  read  once  and
  referred  to  the  Committee  on  Small Business -- recommitted to the
  Committee on Small Business in accordance with Assembly Rule 3, sec. 2
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and  recommitted  to said committee -- recommitted to the Committee on
  Small Business in accordance with Assembly Rule 3, sec. 2 --  reported
  and  referred  to  the  Committee  on  Ways  and  Means  --  committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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:

  Section 1. Subdivisions 7, 8, 9, 10, 11 and 12 of section 134  of  the
economic  development  law, subdivision 7 as added by chapter 547 of the
laws of 1976, subdivision 8 as amended and subdivision 11  as  added  by
chapter 361 of the laws of 2009, subdivision 9 as amended by chapter 490
of  the laws of 1993, subdivision 10 as added by chapter 543 of the laws
of 2002 and subdivision 12 as amended by chapter 16 of the laws of 2014,
are amended to read as follows:
  7. review pending legislation affecting  small-businesses  and  report
its findings to the commissioner; [and]
  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-bu-
sinesses  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02680-03-4
              

A. 2353--B                          2

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, including
without limitation educating  small  contractors  about  surety  bonding
requirements  on state contracts, and identifying resources available to
such contractors in obtaining their first bond and in  increasing  their
bonding  capacity,  including but not limited to the federal small busi-
ness administration bond guarantee program[.];
  9. ADVISE AND MAKE RECOMMENDATIONS  TO  THE  COMMISSIONER  ON  MATTERS
AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES;
  10.  the commissioner and the commissioners of agriculture and markets
and the office of general services shall initiate and  encourage  small-
business  education  programs  and  coordinate with the functions of the
office of general services, pursuant to subdivision (b)  of  THE  FORMER
section one hundred sixty-one-b of the state finance law, an information
and  outreach  program  directed toward informing eligible businesses in
the state of procedures necessary for competing for  purchases  of  food
products  pursuant  to  THE FORMER section one hundred seventy-four-a of
the state finance law and 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  informa-
tion  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 THE  FORMER  section  one  hundred
seventy-four-a  of  the  state  finance  law  and subdivision eight-a of
section one hundred three of the general municipal law[.];
  [10.] 11. 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[.];
  [11.]  12.  provide  assistance  to  small  business in the state, and
facilitate access to programs serving small  business,  to  ensure  that
such  businesses  benefit, as needed, from technical, managerial, finan-
cial, and general business assistance; training; marketing; organization
and personnel skill development; project management assistance; technol-
ogy assistance; bond and insurance education assistance; and other busi-
ness development assistance. In addition,  either  independently  or  in
conjunction with other state agencies:
  (a)  develop  a  clearinghouse of information on programs and services
provided by entities that may assist such businesses; and
  (b) seek to maximize utilization  by  small  businesses  of  available
federal  resources  including  but not limited to federal grants, loans,
loan guarantees, surety bonding guarantees,  technical  assistance,  and
programs  and  services of the federal small business administration[.];
AND
  [12.] 13. compile an annual report on the state of  small  businesses,
particularly  those  with  twenty-five  employees or less which shall be
known as  micro-businesses  under  this  subdivision.  The  commissioner
shall, on or before June first, two thousand fourteen and annually ther-
eafter,  submit  to  the governor, the temporary president of the senate
and the speaker of the assembly a report that shall include, but not  be
limited to, the following information for each calendar year:
  (a)  the  growth  and economic trends of small businesses which may be
categorized by various small business sizes and/or sectors;

A. 2353--B                          3

  (b) an analysis of relevant and available employment, statistical  and
economic  data of the various small business sectors throughout New York
state, which may be categorized by various small business sizes;
  (c) suggestions to improve the efficiency of existing loan programs;
  (d) suggestions to improve small business growth;
  (e) statistical and economic analysis of the state of small businesses
by various small business sizes and/or sectors; and
  (f)  identification  and  review  of  the local and state regulations,
fines and penalties particular to small businesses which may be categor-
ized by various small business sizes and/or sectors.
  The division shall collaborate with other state and local agencies  to
develop  the  annual  report. The office shall maintain and publish such
information on the small business directory webpage  in  a  manner  that
allows  individuals  to  search  the  report  by  name, date, or type of
statistics. The format of  the  annual  report  shall  be  developed  in
consultation  with  various small business owners to ensure the informa-
tion collected, analyzed, and published for the purposes of this  subdi-
vision is representative of all small businesses in the state.
  S 2. 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-x to read as follows:
  S 16-X. MAIN STREET CENTER GRANT PROGRAM.  1.  THE  CORPORATION  SHALL
ADMINISTER  A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH OF
THE COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE  BOROUGHS
OF NEW YORK CITY.
  2.  EACH  COUNTY  MAIN  STREET  CENTER  SHALL BE ELIGIBLE TO RECEIVE A
MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION
OF THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A  FULL-
TIME  EMPLOYEE  TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS MAY BE
USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
  3. EACH CENTER SHALL HOUSE A  COMPREHENSIVE  LIBRARY  OF  MAIN  STREET
PUBLICATIONS AVAILABLE TO BE LOANED.
  4.  EACH  CENTER  SHALL  DEVELOP  A  CENTRAL DATABASE OF ALL STATE AND
FEDERAL GRANT RESOURCES. THE  CORPORATION  SHALL  ASSIST  LOCALITIES  IN
IDENTIFYING  POTENTIAL  SOURCES OF FUNDING AND PROVIDE TECHNICAL ASSIST-
ANCE REGARDING GRANT PROCUREMENT.
  5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR-
ING THAT FACADE RENOVATIONS ARE DONE  IN  A  MANNER  THAT  RESPECTS  THE
ARCHITECTURE  OF  THE  BUILDING TO BE RENOVATED AND HELPS TO ENHANCE THE
HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
  S 3. The executive law is amended by adding two new sections 102-a and
149-a to read as follows:
  S 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, ALL  RULE-MAKING  DOCU-
MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT.
THE  SECRETARY  OF  STATE  SHALL  MAKE  SUCH DOCUMENTS AVAILABLE WITHOUT
CHARGE TO THE PUBLIC ELECTRONICALLY, AND SHALL  DISSEMINATE  SUCH  DOCU-
MENTS  WITHOUT  CHARGE TO INTERESTED PARTIES BY VARIOUS MEANS, INCLUDING
AT A MINIMUM THROUGH ONE OR MORE ELECTRONIC MAILING  LISTS,  RSS  FEEDS,
AND  ANY  OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO BE EFFECTIVE
IN PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION.  AT
LEAST  ONE  SUCH  MEANS SHALL UTILIZE A RULES TRACKER PROGRAM OR SIMILAR
PROGRAM THAT ENABLES A USER TO  CUSTOMIZE  THE  RULE-MAKING  INFORMATION
THAT WILL BE PROVIDED.

A. 2353--B                          4

  2.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "RSS" OR "RICH SITE
SUMMARY" SHALL MEAN A  FORMAT  FOR  DELIVERING  REGULARLY  CHANGING  WEB
CONTENT.
  S  149-A.  ONLINE  PUBLICATION  OF STATE REGISTER. 1. THE SECRETARY OF
STATE SHALL PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER  ON  ITS
WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE.
  2.  THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES AND
REGULATIONS OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN  A
LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER.
  S  4.  Paragraph  (a)  of  subdivision 6-a of section 202 of the state
administrative procedure act, as amended by chapter 171 of the  laws  of
1994, is amended to read as follows:
  (a) An agency shall transmit a copy of any rule making notice prepared
pursuant to this article to the governor, the temporary president of the
senate,  the speaker of the assembly, THE MINORITY LEADER OF THE SENATE,
THE MINORITY LEADER OF  THE  ASSEMBLY,  the  administrative  regulations
review commission and the office of regulatory and management assistance
at  the  time  such  notice  is  submitted to the secretary of state for
publication in the state register. Such transmittal  shall  include  the
complete  rule text, regulatory impact statement, regulatory flexibility
analysis, rural area flexibility analysis, or revisions thereof, and any
other information submitted to the secretary of state pursuant  to  this
article.
  S 5. This act shall take effect immediately.