S T A T E O F N E W Y O R K
________________________________________________________________________
73--A
2015-2016 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2015
___________
Introduced by Sens. GALLIVAN, PANEPINTO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Commerce,
Economic Development and Small Business -- recommitted to the Commit-
tee on Commerce, Economic Development and Small Business 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 economic development law, in relation to establish-
ing an economic gardening pilot program within the department of
economic development
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The economic development law is amended by adding a new
article 23 to read as follows:
ARTICLE 23
GROWNY PROGRAM
SECTION 450. GROWNY PILOT PROGRAM.
S 450. GROWNY PILOT PROGRAM. 1. (A) THERE IS HEREBY CREATED WITHIN THE
DEPARTMENT THE GROWNY PILOT PROGRAM. THE PURPOSE OF THE PILOT PROGRAM IS
TO STIMULATE INVESTMENT IN THE STATE ECONOMY BY PROVIDING TECHNICAL
ASSISTANCE FOR EXPANDING BUSINESSES IN THE STATE.
(B) THE DEPARTMENT IS AUTHORIZED AND DIRECTED TO PROMULGATE ALL NECES-
SARY RULES AND REGULATIONS REQUIRED TO IMPLEMENT THE GROWNY PILOT
PROGRAM.
2. (A) THE DEPARTMENT SHALL CONTRACT WITH REGIONAL NON-PROFIT ECONOMIC
DEVELOPMENT ENTITIES TO ADMINISTER THE PILOT PROGRAM UNDER THIS SECTION.
THE DEPARTMENT SHALL AWARD COMPETITIVE GRANTS OF UP TO FIVE HUNDRED
THOUSAND DOLLARS A YEAR FOR A PERIOD OF UP TO FIVE YEARS TO EACH ENTITY
THAT DEMONSTRATES THE ABILITY TO IMPLEMENT THE PILOT PROGRAM IN THEIR
REGION, HAS AN OUTREACH PLAN, AND HAS THE ABILITY TO PROVIDE COUNSELING
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01154-04-6
S. 73--A 2
SERVICES, ACCESS TO TECHNOLOGY AND INFORMATION, MARKETING SERVICES AND
ADVICE, BUSINESS MANAGEMENT SUPPORT, AND OTHER SIMILAR SERVICES.
(B) CONTRACTS WITH SELECTED ECONOMIC DEVELOPMENT ENTITIES SHALL BE FOR
A PERIOD OF FIVE YEARS AND SHALL BE REEVALUATED BY THE DEPARTMENT EVERY
TWELVE MONTHS TO ENSURE SUCH ENTITIES CONTINUE TO PROVIDE A POSITIVE
ECONOMIC BENEFIT TO THE COMMUNITY AND CONFORM TO THE PROGRAM CRITERIA.
CONTRACTED ENTITIES SHALL NOT LIMIT SERVICES OFFERED UNDER THIS PROGRAM
TO MEMBERS OF SUCH ENTITY AND SHALL SEEK TO PROVIDE ECONOMIC GARDENING
SERVICES TO EVERY ELIGIBLE BUSINESS THAT MEETS THE CRITERIA OF THE
PROGRAM.
(C) CONTRACTED ENTITIES SHALL COORDINATE THEIR EFFORTS WITH THE LOCAL
NEW YORK STATE SMALL BUSINESS DEVELOPMENT CENTER OR OTHER LEAD ECONOMIC
DEVELOPMENT ORGANIZATIONS IN COUNTIES AND CITIES WITHIN THE REGION OF
THE CONTRACTED ENTITY AND SHALL ESTABLISH A REFERRAL SYSTEM AND LINKAGES
TO EXISTING AREA SMALL BUSINESS ASSISTANCE PROGRAMS AND FINANCING SOURC-
ES.
3. A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM SHALL PROVIDE
TECHNICAL ASSISTANCE FOR ELIGIBLE BUSINESSES WHICH INCLUDES, BUT IS NOT
LIMITED TO:
(A) ACCESS TO AFFORDABLE INFORMATION SERVICES AND CONSULTING SERVICES,
INCLUDING INFORMATION ON MARKETS, CUSTOMERS, AND COMPETITORS, BUSINESS
DATABASES, GEOGRAPHIC INFORMATION SYSTEMS, INTERNET AND SOCIAL MEDIA
STRATEGIES, BUSINESS TO BUSINESS REFERRALS, AND SEARCH ENGINE OPTIMIZA-
TION;
(B) DEVELOPMENT OF BUSINESS CONNECTIONS, INCLUDING INTERACTION AND
EXCHANGE AMONG BUSINESS OWNERS AND RESOURCE PROVIDERS, INCLUDING
COLLEGES AND UNIVERSITIES, TRADE ASSOCIATIONS, THINK TANKS, ACADEMIC
INSTITUTIONS, BUSINESS ROUNDTABLES, FINANCIAL SERVICE AND WORKFORCE
DEVELOPMENT PROVIDERS, PEER-TO-PEER LEARNING SESSIONS, AND MENTORING
PROGRAMS;
(C) ASSISTANCE IN DEVELOPING A LISTING OF SHOVEL READY SITES CURRENTLY
AVAILABLE TO THE NEEDS OF THE BUSINESS;
(D) ASSISTANCE IN UNDERSTANDING STATE LAWS AND REGULATIONS APPLICABLE
TO SUCH BUSINESS;
(E) ANY OTHER FORM OF CONSULTATION AND TECHNICAL ASSISTANCE THAT MAY
BE PROVIDED TO THE ELIGIBLE BUSINESS TO ASSIST WITH ITS BUSINESS AND
MARKETING NEEDS.
4. (A) THIS PROGRAM SHALL BE TARGETED AT EMERGING GROWTH BUSINESSES,
KNOWN AS SECOND STAGE COMPANIES. TO BE ELIGIBLE FOR ASSISTANCE UNDER THE
PILOT PROGRAM, A BUSINESS MUST BE A FOR-PROFIT, PRIVATELY HELD BUSINESS
THAT EMPLOYS AT LEAST FIVE PERSONS, BUT NOT MORE THAN NINETY-NINE
PERSONS, HAS MAINTAINED ITS PRINCIPAL PLACE OF BUSINESS IN THE STATE FOR
AT LEAST THE PREVIOUS TWO YEARS, AND GENERATES AT LEAST SEVEN HUNDRED
FIFTY THOUSAND DOLLARS, BUT NOT MORE THAN FIFTY MILLION DOLLARS, IN
ANNUAL REVENUE. THE COMMISSIONER SHALL HAVE THE AUTHORITY TO MAKE
EXCEPTIONS TO THESE PROVISIONS AT HIS OR HER SOLE DISCRETION.
(B) A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM, IN SELECTING
THE ELIGIBLE BUSINESSES TO RECEIVE ASSISTANCE, SHALL ACTIVELY REACH OUT
TO BUSINESSES IN MORE THAN ONE INDUSTRY CLUSTER AND, TO THE MAXIMUM
EXTENT PRACTICABLE, SHALL CHOOSE BUSINESSES THAT ARE GEOGRAPHICALLY
DISTRIBUTED THROUGHOUT THE REGION WITH THE GREATEST POTENTIAL FOR JOB
GROWTH.
5. (A) A BUSINESS RECEIVING ASSISTANCE UNDER THE PILOT PROGRAM MUST
ENTER INTO AN AGREEMENT WITH THE CONTRACTED ENTITY ADMINISTERING THE
PROGRAM TO ESTABLISH THE BUSINESS' COMMITMENT TO PARTICIPATION IN THE
S. 73--A 3
PILOT PROGRAM. THE ARRANGEMENT MUST REQUIRE, AT A MINIMUM, THAT THE
BUSINESS:
(I) ATTEND A MINIMUM NUMBER OF MEETINGS BETWEEN THE BUSINESS AND THE
CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM. SUCH MEETINGS SHALL
BE HELD AT THE CONVENIENCE OF THE BUSINESS;
(II) REPORT INVESTMENT, REVENUE, AND JOB CREATION AND RETENTION DATA
IN THE MANNER PRESCRIBED BY THE CONTRACTED ENTITY ADMINISTERING THE
PILOT PROGRAM; AND
(III) PROVIDE NON-PROPRIETARY FINANCIAL DATA IN THE MANNER PRESCRIBED
BY THE CONTRACTED ENTITY ADMINISTERING THE PROGRAM.
(B) THE REGIONAL NON-PROFIT ECONOMIC DEVELOPMENT ENTITY OR THE
CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM SHALL REPORT THE
INFORMATION TO THE DEPARTMENT ON AN ANNUAL BASIS.
6. A CONTRACTED ENTITY ADMINISTERING THE PILOT PROGRAM IS AUTHORIZED
TO PROMOTE THE GENERAL BUSINESS INTERESTS OR INDUSTRIAL INTERESTS OF THE
STATE.
7. THE DEPARTMENT SHALL REVIEW THE PROGRESS OF THE CONTRACTED ENTITY
ADMINISTERING THE PILOT PROGRAM AT LEAST ONCE EVERY TWELVE MONTHS AND
SHALL DETERMINE WHETHER THE CONTRACTED ENTITY IS MEETING ITS CONTRACTUAL
OBLIGATIONS FOR ADMINISTERING THE PILOT PROGRAM. THE DEPARTMENT MAY
TERMINATE AND REBID A CONTRACT IF THE CONTRACTED ENTITY DOES NOT MEET
ITS CONTRACTUAL OBLIGATIONS.
8. BY MARCH THIRTY-FIRST, TWO THOUSAND SEVENTEEN AND ANNUALLY THERE-
AFTER, THE DEPARTMENT SHALL SUBMIT A REPORT TO THE GOVERNOR, THE TEMPO-
RARY PRESIDENT OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY
LEADER OF THE SENATE AND THE MINORITY LEADER OF THE ASSEMBLY WHICH
DESCRIBES IN DETAIL THE PROGRESS OF THE GROWNY PILOT PROGRAM. THE REPORT
SHALL INCLUDE, BUT IS NOT LIMITED TO, THE NUMBER OF BUSINESSES RECEIVING
ASSISTANCE, THE NUMBER OF FULL-TIME EQUIVALENT JOBS CREATED OR RETAINED
AS A RESULT OF THE ASSISTANCE, IF ANY, AND THE AGGREGATE AMOUNT OF WAGES
PAID TO SUCH EMPLOYEES.
S 2. This act shall take effect immediately.