* § 224. Export diagnostic and market development program. 1.
Definitions. As used in this section, the following terms shall have the
following meanings, unless a different meaning appears from the context:

(a) "Eligible applicant" shall mean (i) a small or medium sized
business having no more than five hundred employees, or business or
industry group or association, or (ii) any commercial merchant, dealer,
distributor, broker, grower, producer, processor, handler, packer,
industry group or association or cooperative offering for sale or trade
eligible agricultural products.

(b) "Export diagnostic assessment" shall mean an assessment of the
potential of an eligible applicant to commence or increase exporting. An
export diagnostic assessment may include, but shall not be limited to,
an evaluation of the export potential for an eligible applicant's goods
or services in international markets and an eligible applicant's
management, organization and distribution in relation to its ability to
commence or increase exporting.

(c) "Export market development plan" shall mean an analysis of
specific actions an eligible applicant should undertake to commence or
increase exporting. An export market development plan may include, but
shall not be limited to, recommendations for an eligible applicant: (1)
to adapt its products to international technical specifications and
standards; (2) to pursue exporting in specific regional and/or
industrial markets; or (3) to contract with agents, distributors or
others.

(d) "Eligible agricultural products" shall mean agricultural products
grown, produced, or primarily processed in New York; agricultural
equipment primarily processed in New York; agricultural equipment
primarily produced in New York; or aquatic products cultured, cultivated
or harvested from the waters in and around New York or cultured or
landed in New York, which are likely to be in demand in international
markets.

2. Establishment. The commissioner is hereby authorized to establish
an export diagnostic and market development program within the
department in conjunction with the industrial effectiveness program set
forth in article seven of this chapter, for the purpose specified in
this section.

3. Purpose. The purpose of the export diagnostic and market
development program shall be to improve the competitive position in
international markets of businesses and industries, including
agricultural businesses, whose principal place of business is located in
New York by assisting them to commence or increase exporting.

4. Administration. In furtherance of the purpose of the export
diagnostic and market development program, the department is authorized
to:

(a) identify and retain individuals and firms with special competence
in at least one area related to export development or promotion, and
provide eligible applicants with a list of such individuals and firms.
The department shall promulgate by rules the procedures and criteria to
be used in selecting and retaining such individuals and firms;

(b) provide export diagnostic assessments and export market
development plans to eligible applicants that have requested such
assistance directly or upon referral by the department's regional
offices, the New York state science and technology foundation, the New
York state urban development corporation, the department of agriculture
and markets, the port authority of New York and New Jersey, or federal,
state, regional and local trade and economic development organizations.
Such export diagnostic assessments and export market development plans
may be provided either directly or by experts retained and supervised by
the department. Any expenditure for such assistance shall be based on a
plan approved by the commissioner, and in no case shall the level of
contribution by the eligible applicant be less than fifty percent of the
total cost of such export diagnostic assessment;

(c) provide information on other government-sponsored programs
offering technical and financial assistance to exporters or potential
exporters;

(d) promote awareness of the export diagnostic and market development
program among businesses, business or industry organizations, and
federal, state, regional and local trade and economic development
agencies with the assistance of appropriate state agencies;

(e) identify eligible applicants offering for sale or trade eligible
agricultural products;

(f) undertake activities to assist eligible applicants to commence or
increase exporting eligible agricultural products; and

(g) provide information to eligible applicants on other
government-sponsored programs offering technical and financial
assistance to promote exports of agricultural products, agricultural
equipment or aquatic products.

5. Applications. Eligible applicants shall submit to the department an
application to participate in the export diagnostic and market
development program in such a form and manner as the commissioner shall
deem appropriate.

6. Selection. The department shall select eligible applicants to
participate in the export diagnostic and market development program
based on:

(a) the initial assessment of the department of the degree to which
the applicant would benefit from participation;

(b) evidence of a serious commitment by the applicant to participate
in the program;

(c) the capability of the applicant to carry out recommendations
resulting from participation in the program; and

(d) the likely benefit derived from participation in the program to
the economy of the region in which the applicant is located in relation
to the cost to the state of providing the assistance.

7. Reports by participants. (a) Every eligible applicant participating
in the export diagnostic and market development program shall provide
the department with such reports relating to such participants as the
department shall deem to be necessary.

(b) The information contained in such reports shall be exempt from
disclosure to the fullest extent permitted under subdivision two of
section eighty-seven of the public officers law.

8. Job listings. For any positions opened as a result of assistance
provided under this section businesses so assisted shall first consider
persons eligible to participate in federal job training partnership act
(P.L. 97-300) programs who shall be referred to the business by
administrative entities of service delivery areas created pursuant to
such act or by the job service division of the department of labor.

9. Reporting. On or before October first, nineteen hundred ninety-one
and on or before October first of each year thereafter, the commissioner
shall report to the governor and the legislature on the operation and
accomplishments of the export diagnostic and market development program,
including but not limited to the number of firms assisted, the number of
export diagnostic assessments and export market development plans
completed, the degree to which productivity and export activity of
participants were increased, the total costs per project and the number
of jobs created due to state assistance.

10. Evaluation. The commissioner shall submit to the director of the
division of the budget, the chairman of the senate finance committee and
the chairman of the assembly ways and means committee an evaluation of
the export diagnostic and market development program prepared by an
entity independent of the department. Such an evaluation shall be
submitted on or before September first, nineteen hundred ninety-two and
on or before September first every two years thereafter.

11. Rules and regulations. The commissioner shall promulgate rules and
regulations to accomplish the purpose of this section.

* NB Section effective insofar as it pertains to the Port Authority of
New York and New Jersey upon passage of same as legislation by New
Jersey