§ 100. General powers of department. The commissioner acting by and
through the department of economic development shall have power and it
shall be his duty:

1. to investigate, study and undertake ways and means of promoting and
encouraging the prosperous development and protection of the legitimate
interest and welfare of New York business, industry and commerce, within
and outside the state;

2. to serve as a clearing house for industrial problems of the state;

3. to promote and encourage the expansion and development of markets
for New York products;

4. to promote and encourage the location and development of new
business in the state as well as the maintenance and expansion of
existing business and for that purpose to cooperate with state and local
agencies and individuals both within and outside the state;

5. to investigate and study conditions affecting New York business,
industry and commerce, and to collect and disseminate information, and
engage in technical studies, scientific investigations and statistical
research and educational activities necessary or useful for the proper
execution of the powers and duties of the department in promoting and
developing New York business, industry and commerce both within and
outside the state;

6. to plan and develop an effective business information service both
for the direct assistance of industry of the state and for the
encouragement of industries outside the state to use business facilities
within the state;

7. to compile, collect and develop periodically, or otherwise make
available, scientific indices and other information relating to current
business conditions;

8. to encourage and develop commerce with other states and foreign
countries, and to devise ways and means of removing trade barriers
hampering the free flow of commerce between this state and other states,
including such barriers as preferences and similar price distorting
mechanisms and other forms of discrimination used in the procurement of
goods and services by the public sector or influenced by the public
sector;

9. to cooperate with interstate commissions engaged in formulating and
promoting the adoption of interstate compacts and agreements helpful to
business, industry and commerce;

10. to conduct or encourage research designed to further new and more
extensive uses of the natural and other resources of the state, and
designed to develop new products and industrial processes;

11. to study trends and developments in the industries of the state
and to analyze the reasons underlying such trends; to study costs and
other factors affecting successful operation of businesses within the
state; and to make recommendations regarding circumstances promoting or
hampering industrial development;

12. to compile periodically a census of business and industry in the
state with the cooperation of other agencies; and to analyze and publish
this information in such form as to be most valuable to the business and
industry of the state;

13. to make to the governor and to the legislature, from time to time,
recommendations for the study or improvement of any conditions, and for
the elimination of any restrictions and burdens imposed by law, or
otherwise existing, which adversely affect or retard the legitimate
development and expansion of business, industry or commerce;

14. to publicize the material and economic advantages of the state
which render it a desirable place for business and residence;

15. (a) to collect, compile and distribute information and literature
as to the facilities, advantages and attractions of the state, the
historical and scenic points and places of interest within the state and
the transportation and highway facilities of the state;

(b) in the discharge of this power, the commissioner may enter into a
contract for publication of a state travel guide to promote tourism.
Such contract may provide for the sale of advertising by the contractor.
A contract for publication of a state travel guide shall be awarded
following consideration of factors which shall include, but not be
limited to, the most favorable financial advantage for the state, the
best representation of the state of New York and its services, and the
greatest utility to the traveller. The commissioner shall promulgate
regulations by the first day of November next succeeding the effective
date of this paragraph to guide the preparation of bids and the
deadlines for selection of a competent contractor and publication of the
state travel guide. The regulations shall, at a minimum, limit
advertising content to no more than thirty percent of the space
available and establish responsibility for preparation and placement of
appropriate editorial content and an equitable listing without charge or
other consideration of attractions and activities available to the
tourist in New York state. Such regulations shall provide for approval
of the commissioner at critical stages of state travel guide development
and advertising standards and rates. Furthermore, such regulations shall
provide minimum financial terms and responsibilities of the state and
the contractor, the allocation of any revenues derived from the
production of the travel guide and securities which shall be required of
the contractor.

16. to plan and conduct a program of information and publicity
designed to attract tourists, visitors and other interested persons from
outside the state to this state and also to encourage and coordinate the
efforts of other public and private organizations or groups of citizens
to publicize the facilities and attractions of the state for the same
purposes;

16-a. to promote the growth of fruit growing, fruit processing, and
winery businesses in cooperation with the commissioner of agriculture
and markets and the urban development corporation. The commissioner in
promoting such businesses may also help to promote tourist programs
specified in subdivision sixteen of this section and encourage the
retention of agricultural lands and preservation of open spaces.

16-b. to promote the expansion of animal and plant fiber production,
fiber processing, and textile manufacturing from animal or plant fiber
grown or produced predominantly in New York state in cooperation with
the commissioner of agriculture and markets and the urban development
corporation. The commissioner in promoting such businesses may also help
to promote tourist programs specified in subdivision sixteen of this
section and encourage the retention of agricultural lands and
preservation of open spaces.

18. to encourage and cooperate with other public and private
organizations or groups in publicizing the attractions and industrial
advantages of the state;

18-a. to establish, in cooperation with the commissioner of
agriculture and markets and the state liquor authority, procedures for
proposing to the governor nominations for annual awards to be known as
"New York state wine retailers awards". These non-monetary awards shall
be given in recognition of unusual efforts made by restaurants, and/or
retailers licensed to sell alcoholic beverages for off-premises
consumption, to inform consumers as to the availability, diversity and
excellence of wines made in the state from grapes grown in the state,
and to feature these wines. The governor shall, at his discretion, issue
up to three awards annually.

18-b. to promote, in cooperation with the New York wine and grape
foundation, state policies that will encourage the production and sale
of New York labelled wines.

18-c. to establish, in cooperation with the commissioner of
agriculture and markets, procedures for proposing nominations, including
procedures to coordinate with such commissioner to determine which
department shall make nominations for awards in categories that may be
similar to those listed in subdivision nine of section three hundred
nine of the agriculture and markets law to the governor for four annual,
non-monetary awards to be known as: (a) New York State Direct Farm
Marketing Award; (b) New York State Agri-Tourism Award; (c) New York
State Specialty Food Product Award; and (d) New York Animal or Plant
Fiber and Textile Award. These awards shall be given in recognition of
unusual efforts by farmers, food processors, food retailers, fiber
processors, and textile manufacturers and retailers for the marketing of
New York state grown agricultural commodities, foods processed from or
primarily containing New York state agricultural commodities, or
textiles manufactured in New York state from animal or plant fiber grown
or produced predominantly in New York state and for promoting New York
state farms that are also tourist destinations.

18-d. To establish, in consultation with the New York state tourism
advisory council, a New York hall of fame passport permitting admission
to recognized halls of fame situated within the state.

18-e. to establish, in cooperation with the urban development
corporation and the commissioner of agriculture and markets and other
economic development agencies a program to promote the agriculture
industry and other related industries in the state in a manner
consistent with the provisions of article five-D of this chapter.

18-f. to establish procedures, guidelines or regulations related to
implementation of the "NY-USA Proud" employer of distinction award.
These non-monetary awards shall be given in recognition of companies
that show exceptional support for military personnel including military
reservists and national guard members. To promote and market such award,
the commissioner may design an appropriate symbol that may be registered
as a trademark in the office of the secretary of state. Any such
trademark shall be registered by the secretary of state without the
exaction of any fee therefor. The commissioner may in his or her
discretion register any such mark with the United States government and
any other state or foreign country.

18-g. to establish procedures, guidelines or regulations related to
implementation of the "Patriot Support and Discount Program". This
voluntary program shall recognize those merchants, businesses or
companies that provide exceptional support to their employees who serve
in the military, including military reservists and national guard
members, or agree to provide reduced price discounts for merchandise and
services for military personnel including military reservists and
national guard members. At the discretion of the commissioner,
participating merchants, businesses or companies may become eligible for
inclusion in the "NY-USA Proud" program.

18-h. to include in the "NY-USA Proud" program those companies who
provide accident prevention courses approved by the commissioner of
motor vehicles at a reduced rate to the servicemen and women who have
returned from a combat theater or combat zone of operations.

18-i. To aid the department of agriculture and markets and office of
general services in providing a training program once per year, in each
economic development region, established in article eleven of this
chapter, to encourage and increase participation in the procurement
process, pursuant to article eleven of the state finance law, by small
businesses, as defined in section one hundred thirty-one of this
chapter, including farms, selling food or food products grown, produced,
harvested, or processed in New York state, or selling animal or plant
fiber products grown, harvested and processed in New York state and
textile products manufactured in New York state from animal or plant
fiber grown or produced predominantly in New York state, and assist such
businesses in identifying such food, food products, or animal or plant
fiber products and textile products which may help to meet state
agencies' needs.

18-j. to assist the urban development corporation to establish a
searchable database pursuant to section fifty-eight of section one of
chapter one hundred seventy-four of the laws of nineteen hundred
sixty-eight, constituting the New York state urban development
corporation act.

18-k. to promote, in cooperation with associations representing New
York growers, fiber processors, and textile manufacturers, state
policies that will encourage the production and sale of textile products
manufactured in New York state from animal or plant fiber grown or
produced predominantly in New York state.

19. (a) to study changes in and to suggest policies for the economic
development and conservation of the resources of the state and to
develop an annual statewide economic development strategic plan. Such
strategic plan, shall include but shall not be limited to, a statewide
inventory of all industry associations and clusters; a list of
industries that have a competitive advantage; and a list of industries
that demonstrate the potential for growth. The department shall work in
cooperation with the New York State Foundation for Science, Technology
and Innovation in creating the strategic plan. The annual statewide
economic development strategic plan shall be submitted to the temporary
president of the senate and the speaker of the assembly on January
first, two thousand eight and every year thereafter.

(b) to cause to be prepared program plans for the economic development
financial assistance programs of the state, in cooperation with the
agency or public benefit corporation or public authority, consistent
with the legislative intent and statutory authorization for such
programs. Program plans shall be derived from and shall be consistent
with the annual economic development strategic plan and, accordingly,
may be updated as necessary. Such plans shall be transmitted to the
agency or public authority or public benefit corporation responsible for
administering the program and to the speaker of the assembly and the
temporary president of the senate within ninety days of the effective
date of any statute authorizing such program. With respect to existing
economic development financial assistance programs, the commissioner
shall transmit program plans on or before July first, nineteen hundred
eighty-eight.

Program plans shall describe the goals, objectives and priorities of
each financial assistance program, shall guide the development of
operating procedures and rules and regulations governing each financial
assistance program, shall set forth the manner in which the financial
assistance program shall be coordinated with other economic development
programs and shall set forth a description of the operating
relationships with relevant agencies and regional and local public and
private organizations;

20. to cooperate with and assist other state departments, boards,
commissions, agencies, public benefit corporations and public
authorities in the preparation of policies for the economic development
of the state and to assist in such entities' development of rules and
regulations governing economic development financial assistance
programs, and policies for the use and conservation of its resources;

21. to inquire into and report to the governor when requested by the
governor, with respect to any program of public state improvements and
the financing thereof; and to request and obtain information from the
state department of transportation and other state departments or
agencies such information and data as may be needed properly to report
thereon;

22. to advise and cooperate with municipal, county, regional and other
local agencies within the state for the purpose of promoting
coordination between the state and the localities as to economic
development;

23. to confer and cooperate with the authorities of the United States
and neighboring states and of the counties and municipalities of such
neighboring states, for the purpose of bringing about a coordination
between the economic development of such neighboring states, counties
and municipalities and the economic development of the state of New
York;

24. to adopt such measures as may best be calculated to promote public
interest in and understanding of the problems of economic development,
and to that end may publish and distribute copies of any plan or any
report and may employ such other means of publicity and education as
shall give full effect to the provisions of this chapter;

25. To act as the agent of the state and its political subdivisions
for the purpose of approving applicants for financial assistance from
any federal agency for industrial development or redevelopment purposes,
whenever the terms of any act of congress heretofore or hereafter
enacted for such purposes require the state or any political subdivision
thereof to approve applicants for such assistance, and to take any
further action which may be required under the terms of such act.

26. To provide all necessary staff services, accounting, clerical and
secretarial assistance, and office space and equipment requested by the
New York job development authority.

27. To act as the agent of the state to administer, carry out and
coordinate any federal law now or hereafter enacted by the congress to
promote economic growth by supporting state and regional centers to
place the findings of science usefully in the hands of American
enterprise and, for such purposes, to receive federal funds for
technical services programs and enter into any necessary contracts or
compacts in connection therewith, to take any further action which may
be required under the terms of any such federal act, including but not
limited to the establishment and operation of state or regional
technical information centers.

28. To provide all necessary staff services, accounting, clerical and
secretarial assistance and office space and equipment requested by the
New York state job incentive board.

29. to advise the governor, the legislature and other state agencies
with regard to research and development and the establishment of state
policies relating thereto, in connection with science oriented industry
and applied research.

29-a. to advise the governor, the legislature and other state agencies
with regard to research and development and the establishment of state
policies relating thereto, in connection with the animal and plant fiber
and fiber textile manufacturing industries and applied research.

30. to cooperate with all private persons and governmental entities
concerned with science oriented industry and applied research.

30-a. to cooperate with all private persons and governmental entities
concerned with the animal and plant fiber and fiber textile
manufacturing industries and applied research.

31. to sponsor, foster and support research and to sponsor or conduct
studies relating to science oriented industry and applied research.

31-a. to sponsor, foster and support research and to sponsor or
conduct studies relating to the animal and plant fiber and fiber textile
manufacturing industries and applied research.

32. to review and evaluate the status and to encourage and promote the
development of science oriented industry and applied research designed
to further new and more extensive use of the resources and manpower of
the state.

32-a. to review and evaluate the status and to encourage and promote
the development of the animal and plant fiber and fiber textile
manufacturing industries and applied research designed to further new
and more extensive use of the resources and manpower of the state.

33. the department shall adopt, amend or rescind, in accordance with
the state administrative procedure act, such rules, regulations and
orders as may be necessary or convenient to the performance of its
functions, powers and duties under this chapter. Such rules and
regulations shall be consistent with any program plans required by
subdivision nineteen of section one hundred of this chapter.

34. the department may enter into contracts with any person, firm,
corporation or governmental agency, and do all things necessary or
convenient to carry out the functions, powers and duties expressly set
forth in this article.

35. to promote, publish, and disseminate the rules and regulations
promulgated by the industrial commissioner pursuant to article
twenty-six of the labor law.

36. (a) The commissioner shall solicit research firms to evaluate the
promotional effectiveness and economic impact of the department's
tourism advertising campaigns. The commissioner shall cause said
research firms to submit to the department and the legislative fiscal
committees, at least six weeks prior to the conducting of their
research, a research design indicating the techniques planned to measure
such promotional effectiveness and economic impact; provided, however,
that no firm selected shall do both the promotional effectiveness and
economic impact studies nor shall have participated in the development
of marketing the tourism campaign.

(b) The commissioner shall submit all preliminary reports of such
firms to the legislative fiscal committees within two weeks of receipt
of such reports; the final reports shall be submitted by the
commissioner to the legislative fiscal committees and the tourism
advisory council no later than December first of each year.

37. to review and evaluate the economic impact of the downhill ski
industry on the state's economy and to advise the governor, legislature,
and other state agencies of the results of such review and evaluation.

37-a. The commissioner shall make an annual report to the governor and
legislature on or before the fifteenth day of May for the preceding
calendar year. It shall include a summary of all contacts received from
business entities by the department, including the department's district
offices. The report shall set forth the types of contacts, the purposes
of such contacts and include a summary of the results of all such
contacts by business entities. The report shall also indicate which
contacts were made by small business concerns as defined by section one
hundred thirty-five-a of the state finance law. No provision of this
subdivision shall be deemed to require or authorize the disclosure of
confidential information or trade secrets.

37-b. The requirements to report contained in the following provisions
of this chapter shall be satisfied, notwithstanding any inconsistent
provision appearing therein, by the commissioner who shall consolidate
into one combined annual report all of the information required to be
submitted in separate reports by the following provisions of this
chapter. This consolidated annual report of the commissioner shall be
submitted to the governor and the legislature on or before October first
of each year and shall replace the requirements for separate reports
contained in the following provisions of this chapter. In order to
fulfill his or her responsibility under this subdivision, the
commissioner may require the submission to him or her a sufficient
period of time in advance of October first of each year by any advisory
committee or other body required to submit a report pursuant to the
following provisions of this chapter of all information which would
otherwise be required to be included in the report of such advisory
committee or other body. The following provisions of this chapter
containing requirements to submit recurring reports shall be subject to
the requirements of this subdivision:

(a) Section one hundred ninety-five, on the operation and
accomplishments of the industrial effectiveness program.

(b) Paragraph (a) of subdivision seven of section two hundred two,
regarding the current status of the skills development assistance
program.

(c) Subdivision two of section two hundred twelve of this chapter,
submitting the results of the annual evaluation of the entrepreneurial
assistance programs established under article nine of this chapter.

(d) Subdivision two of section two hundred twenty-three, reporting the
results of the annual evaluation of the effectiveness of the export
trade development projects and other technical assistance programs
authorized under article ten.

(e) Paragraph (a) of subdivision three of section two hundred
forty-one, submitting the annual findings and recommendations of the
advisory council on economic information and research.

(f) Subdivision eight of section two hundred fifty, regarding the
current status of the industrial infrastructure development program.

38. to contract for and to accept any gifts or grants or loans of
funds or property of financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof, or from any other source, for
any or all of the purposes specified in this chapter, with the terms and
conditions thereof; and

39. (a) To assist the superintendent of financial services to solicit,
evaluate, develop and provide information to banking corporations,
principally engaged in doing business within the state, about various
methods used by banking corporations to provide financing for businesses
engaged in the export of products and services to foreign countries.

(b) The commissioner shall evaluate such information as may be
available to the department and help identify local regional banking
corporations currently serving the state exporters and shall assist the
superintendent of financial services in determining the status of local
and regional banking corporations in export financing so that in
cooperation with the department of financial services, a program shall
be developed by which new banking corporations may be brought into the
export financing sector and potential and current state exporters may be
given a wider choice of available financing sources for medium and small
export transactions.

(c) The commissioner shall further inform the superintendent of
financial services of any changes which the department projects may
occur in the international business community about which the
commissioner may become aware so that the superintendent of financial
services may provide the most timely and accurate information to the
state banking community.

(d) The commissioner shall promote, publish and disseminate
information concerning the current export trade engaged in by
corporations doing business in the state, in particularly identifying
those areas, fields of endeavor and under-utilized industrial resources
which could be exported in greater volume creating an increased need for
financing by local and regional banks.

40. to assist the secretary of state to promote and make information
available regarding technical and financial assistance for waterfront
revitalization programs for economically distressed and severely
economically distressed municipalities on inland waterways, as provided
by section nine hundred fifteen-a of the executive law.

40-a. to develop a plan to maximize the use of telecommuting to
conserve energy otherwise used by the personnel of the department in
commuting to their assigned workplace. Within one year of the effective
date of this subdivision, the department shall submit a report to the
governor and the legislature on the impact of such plan to include, but
not be limited to, energy conservation, air quality, workforce
acceptance, office costs and potential cost savings.

* 41. To investigate innovative approaches to private sector work and
employee compensation arrangements, such as flexible hours and job
sharing, flexible compensation and benefit plans including employee
assistance programs, employer-supported dependent care and family leave,
which will benefit both employers and employees by improving
productivity and morale, lowering rates of absenteeism, tardiness and
turnover, and enhancing a company's image.

* NB There are 2 sb 41's

* 41. to administer and operate a linked deposit program pursuant to
article fifteen of the state finance law.

* NB There are 2 sb 41's

42. To promote the advantages of such flexible work arrangements and
benefit plans to business organizations and associations and to
individual firms and to assist such groups or firms with instituting
such arrangements and benefit plans.

43. To work with the New York job development authority, the New York
state urban development corporation and other economic development
agencies in promoting the inclusion of dependent care facilities as part
of business expansion, industrial park, multi-tenant building or other
projects assisted by the authority, the corporation or other agencies.

44. to foster and promote, and to enlist the New York job development
authority, the New York urban development corporation and other public
authorities, public benefit corporations and state agencies to foster
and promote, the re-use and rehabilitation of existing buildings or
sites, or both, as part of business expansion, industrial park,
multi-tenant building or other projects assisted by a public authority,
a public benefit corporation and/or a state agency.

45. to license, maintain and lease where appropriate an official
brand, "I Love NY". Such brand shall be maintained, leased and applied
pursuant to section one hundred fifty-two of this chapter.

46. to prepare an annual summary for the small business community of
the key legislative, budgetary and regulatory changes impacting small
businesses. Agencies shall cooperate with the department in developing
the annual summary. The annual summary shall be written in plain
language and shall provide specific contact information within the
appropriate agency for inquiries regarding implementation and
compliance. The annual summary shall be posted on the department website
on or before September first of each year.

47. to, with funds appropriated for this purpose, post on the
department's website information related to New York state programs
providing assistance to small businesses or minority and women-owned
business enterprises. The commissioner shall determine which programs to
feature on the department's website, in consultation with the urban
development corporation, which may include, but not be limited to,
programs offered by state and federal agencies or other entities, to
provide financial and technical assistance to minority and women-owned
business enterprises and small businesses, provided that the website
shall provide information on any department or urban development
corporation programs relating to obtaining bonding or bridge loans.
Posted information may include, but not necessarily be limited to, a
program description, the type of assistance offered, application
information, and contact information or website address for the entity
offering such assistance. The department shall post the information
described herein so as to allow individuals to: (a) search for featured
minority and women-owned business enterprises and small businesses
assistance programs pursuant to article nine of this chapter; (b)
complete applications for assistance in obtaining bonding, as well as
applications to any other programs providing financial assistance that
the department deems feasible; and (c) obtain access to census data from
the most recent United States census.

48. to cooperate with and provide assistance to the commissioners of
environmental conservation and transportation to implement the
provisions of title five of article forty-nine of the environmental
conservation law.

49. to exercise all other powers and functions necessary or
appropriate to carry out the duties and purposes set forth in this
chapter.