S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    195
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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 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 24 to read as follows:
                                ARTICLE 24
                              GROWNY PROGRAM
 SECTION 460. GROWNY PILOT PROGRAM.
   § 460. 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00138-01-3
 S. 195                              2
 
 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
 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;
 S. 195                              3
 
   (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 TWENTY-FOUR 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.
   § 2. This act shall take effect immediately.