S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6318
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              April 21, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN  ACT to amend the public authorities law and the economic development
   law, in relation to expanding employee ownership assistance for trans-
   gender and non-binary individuals

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 1836-a of the public authorities law, as added by
 chapter 788 of the laws of 1983, is amended to read as follows:
   § 1836-a. Legislative  findings.  The  legislature  hereby  finds  and
 declares  that  the  health, safety and general welfare of the people of
 this state are directly dependent upon the state economy, and  that  one
 of  the principal problems of our present economy is the permanent clos-
 ing of industrial and manufacturing plants, AND  OTHER  BUSINESSES,  and
 their  relocation  out  of  state, which results in the loss of jobs and
 increasing unemployment.
   It is the purpose of this subtitle to  encourage  [the]  employees  of
 plants  AND OTHER BUSINESSES that are about to be permanently closed, or
 relocated, to acquire such plants AND  BUSINESSES  and  to  continue  to
 operate  them  as employee-owned enterprises, thereby retaining the jobs
 that would otherwise be lost, and strengthening  the  economic  base  of
 this state.
   §  2. Subdivisions 3, 4 and 8 of section 1836-b of the public authori-
 ties law, subdivisions 3 and 8 as added by chapter 788 of  the  laws  of
 1983,  and  subdivision 4 as amended by chapter 805 of the laws of 1985,
 are amended to read as follows:
   3. "Eligible project" means the acquisition or  rehabilitation  by  an
 employee  ownership association of an existing industrial or manufactur-
 ing plant OR OTHER BUSINESS located in this state  for  the  purpose  of
 operating it as an employee-owned enterprise.

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

                                                            LBD11002-02-1

 S. 6318                             2
 
   4. "Employee ownership association" means a corporation or other asso-
 ciation  formed  by  or  on  behalf of the employees of an industrial or
 manufacturing plant OR BUSINESS located in this state for the purpose of
 assuming ownership or control of the plant OR BUSINESS and operating  it
 as an employee-owned enterprise or as a worker cooperative as defined in
 section eighty-one of the cooperative corporations law.
   8.  "BUSINESS"  INCLUDES  A SOLE PROPRIETORSHIP, PARTNERSHIP OR CORPO-
 RATION OPERATING IN THIS STATE.
   9. "Project cost" includes all reasonable and necessary  costs  to  be
 incurred in the course of an eligible project, including any anticipated
 acquisition,  construction,  land  acquisition, improvements, equipment,
 pertinent rights and easements, and associated  technical,  engineering,
 legal and financial services.
   §  3.  Paragraph  (b) of subdivision 1 of section 1836-c of the public
 authorities law, as added by chapter 788 of the laws of 1983, is amended
 to read as follows:
   (b) the history and circumstances of  the  plant  OR  BUSINESS  to  be
 acquired;
   § 4. Section 1836-d of the public authorities law, as added by chapter
 788 of the laws of 1983, is amended to read as follows:
   §  1836-d. Loan preferences. In approving applications for loans under
 this subtitle, the authority shall give preference to projects which:
   1. HAVE A MEMBERSHIP CONSISTING OF A MAJORITY OF  MINORITY,  TRANSGEN-
 DER, OR NON-BINARY MEMBERS;
   2. have a higher level of funding from the funding partners;
   [2.]  3. have the most direct impact on local economic development and
 the creation or retention of employment opportunities;
   [3.] 4. are most likely to stimulate other private sector investments;
 and
   [4.] 5. are least  speculative,  and  provide  greatest  assurance  of
 repayment of the loan.
   §  5.  Subdivision 7 of section 104-a of the economic development law,
 as added by chapter 788 of the laws of  1983,  is  amended  to  read  as
 follows:
   7.  Identify  [industrial  and  manufacturing]  businesses that are in
 danger of being permanently closed or  relocated  out  of  state,  which
 results  in the loss of jobs and increasing unemployment, and assist the
 businesses and employees of such businesses by distributing  information
 about  the  provisions of this section.  The department may impose fees,
 pursuant to rules  and  regulations,  to  defray  departmental  expenses
 incurred in providing the services set forth in this section.
   §  6.  Subdivisions 3 and 4 of section 210 of the economic development
 law, as added by chapter 398 of the laws of 2018, are amended to read as
 follows:
   3. "Minority business enterprise" shall mean any  business  enterprise
 which  is  at  least  fifty-one per centum owned by, or in the case of a
 publicly owned business at least fifty-one per centum of  the  stock  of
 which  is owned by, citizens or permanent resident aliens who are TRANS-
 GENDER OR NON-BINARY, Black, Hispanic, Asian or American Indian, Pacific
 Islander or Alaskan  Native  where  such  ownership  interest  is  real,
 substantial  and continuing and where such persons have the authority to
 independently control the day-to-day business decisions of the entity.
   4. "Minority group member" shall  mean  a  United  States  citizen  or
 permanent resident alien who is and can demonstrate membership in one of
 the following groups:

 S. 6318                             3
 
   (a)  Black  persons  having origins in any of the Black African racial
 groups not of Hispanic origin;
   (b)  Hispanic  persons  of  Mexican,  Puerto  Rican, Dominican, Cuban,
 Central or South American descent of either Indian or  Hispanic  origin,
 regardless of race;
   (c) Asian and Pacific Islander persons having origins in the Far East,
 Southeast Asia, the Indian sub-continent or the Pacific Islands; [or]
   (d) American Indian or Alaskan Native persons having origins in any of
 the original peoples of North America; OR
   (E) TRANSGENDER OR NON-BINARY.
   § 7. This act shall take effect immediately.