S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6488
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M. of A. STIRPE, THIELE -- read once and referred to the
   Committee on Small Business
 
 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 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,  subdivision
 11  as amended by chapter 463 of the laws of 2016, 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
 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

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

                                                            LBD05785-01-1

 A. 6488                             2
 
 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; online market-
 place lending awareness and assistance; and other  business  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;
   (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
   (c) develop and implement,  in  conjunction  with  the  department  of
 financial  services,  a small business online marketplace lending educa-
 tion and outreach campaign to educate businesses in plain-language as to
 the true costs associated with obtaining loans from  online  marketplace
 lenders  including  true and up-front transparent pricing and terms, the
 disclosure of annualized percentage  rates,  interest  rates,  fees  and
 charges;  disclosure  of terms for repayment, early repayment, and refi-
 nancing of a loan and any penalties that may be applied; and  any  other
 information  that  is  deemed  necessary  by  the department of economic
 development. The department of economic development  shall  develop  and
 implement  a  plan  to  distribute  such  information  to small business
 owners, including but not limited to, printed material,  publication  on
 the  internet  and  through  coordination with other state entities that
 routinely interact with small businesses in this state.  The  department
 of economic development shall make translations of all educational mate-
 rials  available in languages other than English, including the six most
 common non-English languages spoken by individuals in this state[.]; AND

 A. 6488                             3
 
   [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;
   (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.
   § 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-bb to read as follows:
   §  16-BB.  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.
   § 3. The executive law is amended by adding two new sections 102-a and
 149-a to read as follows:
   § 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
 ON  OR  AFTER  JANUARY  FIRST,  TWO THOUSAND TWENTY-ONE, ALL RULE-MAKING
 DOCUMENTS SHALL BE SUBMITTED TO THE SECRETARY  OF  STATE  IN  ELECTRONIC
 FORMAT. THE SECRETARY OF STATE SHALL MAKE SUCH DOCUMENTS AVAILABLE WITH-
 OUT  CHARGE  TO  THE  PUBLIC  ELECTRONICALLY, AND SHALL DISSEMINATE SUCH

 A. 6488                             4
 
 DOCUMENTS WITHOUT CHARGE TO INTERESTED PARTIES BY VARIOUS MEANS, INCLUD-
 ING 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 INFOR-
 MATION. AT LEAST ONE SUCH MEANS SHALL UTILIZE A RULES TRACKER PROGRAM OR
 SIMILAR  PROGRAM THAT ENABLES A USER TO CUSTOMIZE THE RULE-MAKING INFOR-
 MATION 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.
   § 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.
   § 4. Paragraph (a) of subdivision 6-a of  section  202  of  the  state
 administrative  procedure  act, as amended by chapter 512 of the laws of
 2019, 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 ASSEMBLY
 and the administrative regulations review commission 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.  Further-
 more,  such  transmittal may be completed by electronic means in accord-
 ance with article three of the state technology law.
   § 5. This act shall take effect immediately.