S T A T E O F N E W Y O R K
________________________________________________________________________
2176
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. ESPINAL -- read once and referred to the Commit-
tee on Small Business
AN ACT to amend the executive law, in relation to establishing the
office for small business; to amend the public authorities law, the
environmental conservation law, the state finance law and the execu-
tive law, in relation to making technical amendments thereto; and to
repeal article 4-B of the economic development law relating to the
division for small-business
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Article 4-B of the economic development law is REPEALED.
2 S 1-a. Section 666 of the executive law is renumbered section 655.
3 S 2. The executive law is amended by adding a new article 24-A to read
4 as follows:
5 ARTICLE 24-A
6 OFFICE FOR SMALL BUSINESS
7 SECTION 660. LEGISLATIVE FINDINGS AND OBJECTIVES.
8 661. DEFINITIONS.
9 662. OFFICE FOR SMALL BUSINESS; DIRECTOR; EMPLOYEES.
10 663. SMALL BUSINESS ADVISORY BOARD; CREATION.
11 664. POWERS AND DUTIES OF THE OFFICE FOR SMALL BUSINESS.
12 665. ASSISTANCE OF OTHER AGENCIES.
13 666. RULES AND REGULATIONS.
14 667. SMALL BUSINESS EDUCATION PROGRAM.
15 668. SMALL BUSINESS STATIONARY SOURCE OMBUDSMAN PROGRAM.
16 669. ABOLITION OF DIVISION FOR SMALL BUSINESS.
17 670. TRANSFER OF POWERS OF THE DIVISION FOR SMALL BUSINESS.
18 671. TRANSFER OF ASSETS AND LIABILITIES.
19 672. CONTINUITY OF AUTHORITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01260-02-3
A. 2176 2
1 673. TRANSFER OF RECORDS.
2 674. COMPLETION OF UNFINISHED BUSINESS.
3 675. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS.
4 676. EXISTING RIGHTS AND REMEDIES PRESERVED.
5 677. PENDING ACTIONS AND PROCEEDINGS.
6 678. CONTINUANCE OF RULES AND REGULATIONS.
7 679. TRANSFER OF APPROPRIATIONS MADE TO THE DIVISION FOR SMALL
8 BUSINESS.
9 S 660. LEGISLATIVE FINDINGS AND OBJECTIVES. THE LEGISLATURE HEREBY
10 FINDS AND DECLARES THAT:
11 1. SMALL BUSINESS HAS BEEN A MAJOR POSITIVE FACTOR IN THE POLITICAL,
12 ECONOMIC AND SOCIAL DEVELOPMENT OF THE STATE;
13 2. THE FUTURE WELFARE OF THE STATE DEPENDS ON THE CONTINUED DEVELOP-
14 MENT OF SMALL BUSINESS;
15 3. THE STATE HAS A RESPONSIBILITY TO ASSIST IN SMALL BUSINESS DEVELOP-
16 MENT IN FURTHERANCE OF THE GENERAL WELFARE.
17 S 661. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE:
18 1. "OFFICE" SHALL MEAN THE OFFICE FOR SMALL BUSINESS.
19 2. "SMALL BUSINESS" SHALL BE DEEMED TO BE ONE WHICH IS RESIDENT IN
20 THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD
21 AND EMPLOYS ONE HUNDRED OR LESS PERSONS.
22 3. "ADVISORY BOARD" SHALL MEAN THE SMALL BUSINESS ADVISORY BOARD
23 CREATED BY SECTION SIX HUNDRED SIXTY-THREE OF THIS ARTICLE.
24 4. "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE OFFICE FOR SMALL BUSI-
25 NESS.
26 S 662. OFFICE FOR SMALL BUSINESS; DIRECTOR; EMPLOYEES. 1. THERE IS
27 HEREBY CREATED WITHIN THE EXECUTIVE DEPARTMENT AN OFFICE FOR SMALL BUSI-
28 NESS TO HAVE AND EXERCISE THE FUNCTIONS, POWERS AND DUTIES PROVIDED BY
29 THE PROVISIONS OF THIS ARTICLE AND ANY OTHER PROVISION OF LAW. THE
30 OFFICE SHALL PERFORM THESE POWERS, FUNCTIONS AND DUTIES IN CONSULTATION
31 WITH THE SMALL BUSINESS ADVISORY BOARD ESTABLISHED BY SECTION SIX
32 HUNDRED SIXTY-THREE OF THIS ARTICLE.
33 2. THE HEAD OF THE OFFICE SHALL BE THE DIRECTOR, WHO SHALL BE
34 APPOINTED BY THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE
35 SENATE, AND SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR BY WHOM HE
36 OR SHE WAS APPOINTED OR UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS
37 QUALIFIED.
38 3. THE DIRECTOR MAY ESTABLISH DIVISIONS AND BUREAUS, CHANGE THE NAMES
39 OF EXISTING DIVISIONS OR BUREAUS, OR MAY CONSOLIDATE DIVISIONS AND
40 BUREAUS AS HE OR SHE MAY DEEM NECESSARY OR APPROPRIATE TO CARRY OUT THE
41 FUNCTIONS OF THE OFFICE. SUBJECT TO THE PROVISIONS OF THIS ARTICLE AND
42 THE CIVIL SERVICE LAW, AND RULES AND REGULATIONS ADOPTED PURSUANT THERE-
43 TO, THE DIRECTOR MAY APPOINT SUCH OTHER OFFICERS, EMPLOYEES, AGENTS AND
44 CONSULTANTS AS MAY BE NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR
45 COMPENSATION AND PROVIDE FOR PAYMENT OF THEIR REASONABLE EXPENSES, ALL
46 WITHIN AMOUNTS AVAILABLE THEREFOR BY APPROPRIATION. THE DIRECTOR MAY
47 TRANSFER OFFICERS OR EMPLOYEES FROM THEIR POSITIONS TO OTHER POSITIONS
48 IN THE OFFICE, OR ABOLISH OR CONSOLIDATE SUCH POSITIONS.
49 4. THE DIRECTOR ACTING BY AND THROUGH THE OFFICE SHALL HAVE POWER AND
50 IT SHALL BE HIS OR HER DUTY:
51 (A) TO ADMINISTER THE PROGRAMS TRANSFERRED TO THE OFFICE PURSUANT TO
52 THIS ARTICLE OR AN APPROPRIATION OF FUNDS TO THE OFFICE;
53 (B) TO ADMINISTER SUCH OTHER PROGRAMS AS MAY BE DEVOLVED UPON THE
54 OFFICE FROM TIME TO TIME PURSUANT TO LAW;
55 (C) TO COOPERATE WITH AND ASSIST OTHER STATE AND FEDERAL DEPARTMENTS,
56 BOARDS, COMMISSIONS, AGENCIES, PUBLIC BENEFIT CORPORATIONS AND PUBLIC
A. 2176 3
1 AUTHORITIES IN THE DEVELOPMENT OF POLICIES AND PROGRAMS WHICH WILL
2 ENCOURAGE THE CREATION OR RETENTION OF SMALL BUSINESS; AND
3 (D) TO ENTER INTO CONTRACTS WITH ANY PERSON, FIRM, CORPORATION OR
4 GOVERNMENTAL AGENCY, AND DO ALL THINGS NECESSARY OR CONVENIENT TO CARRY
5 OUT THE FUNCTIONS, POWERS AND DUTIES EXPRESSLY SET FORTH IN THIS ARTI-
6 CLE.
7 S 663. SMALL BUSINESS ADVISORY BOARD; CREATION. 1. THERE IS HEREBY
8 CREATED IN THE OFFICE FOR SMALL BUSINESS A SMALL BUSINESS ADVISORY
9 BOARD. THE ADVISORY BOARD SHALL CONSIST OF FIFTEEN MEMBERS TO BE
10 APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT OF THE SENATE.
11 THE GOVERNOR SHALL DESIGNATE A CHAIR FROM THE MEMBERS OF THE ADVISORY
12 BOARD, TO SERVE AS SUCH AT THE PLEASURE OF THE GOVERNOR. IN APPOINTING
13 THE MEMBERS OF THE ADVISORY BOARD THE GOVERNOR SHALL ENSURE THAT AT
14 LEAST NINE OF THE MEMBERS ARE INDIVIDUALS WHO ARE CURRENTLY INVOLVED IN
15 THE OWNERSHIP AND/OR OPERATION OF A SMALL BUSINESS OR WHO HAVE EXTENSIVE
16 EXPERIENCE IN SMALL BUSINESS OWNERSHIP AND/OR OPERATION.
17 2. ALL MEMBERS OF THE ADVISORY BOARD SHALL SERVE FOR TERMS OF THREE
18 YEARS, SUCH TERMS TO COMMENCE ON APRIL FIRST, AND EXPIRE ON MARCH THIR-
19 TY-FIRST; PROVIDED, HOWEVER, THAT OF THE NINE MEMBERS FIRST APPOINTED
20 THREE SHALL BE APPOINTED FOR A ONE-YEAR TERM EXPIRING ON MARCH
21 THIRTY-FIRST OF THE YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE SHALL
22 HAVE BECOME A LAW, THREE SHALL BE APPOINTED FOR A TWO-YEAR TERM EXPIRING
23 ON MARCH THIRTY-FIRST OF THE SECOND YEAR FOLLOWING THE YEAR IN WHICH
24 THIS ARTICLE SHALL HAVE BECOME A LAW, AND THREE SHALL BE APPOINTED FOR A
25 THREE-YEAR TERM EXPIRING ON MARCH THIRTY-FIRST OF THE THIRD YEAR FOLLOW-
26 ING THE YEAR IN WHICH THIS ARTICLE SHALL HAVE BECOME A LAW; AND THAT SIX
27 ADDITIONAL MEMBERS, TWO ON THE RECOMMENDATION OF THE TEMPORARY PRESIDENT
28 OF THE SENATE, ONE ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE
29 SENATE, TWO ON THE RECOMMENDATION OF THE SPEAKER OF THE ASSEMBLY AND ONE
30 ON THE RECOMMENDATION OF THE MINORITY LEADER OF THE ASSEMBLY SHALL BE
31 APPOINTED FOR A THREE-YEAR TERM EXPIRING ON MARCH THIRTY-FIRST OF THE
32 THIRD YEAR FOLLOWING THE YEAR IN WHICH THIS ARTICLE SHALL HAVE BECOME A
33 LAW.
34 3. THE ADVISORY BOARD SHALL MEET REGULARLY AT LEAST FOUR TIMES IN EACH
35 YEAR. SPECIAL MEETINGS MAY BE CALLED BY THE CHAIR AND SHALL BE CALLED BY
36 HIM OR HER AT THE REQUEST OF THE DIRECTOR.
37 4. NO MEMBER OF THE ADVISORY BOARD SHALL BE DISQUALIFIED FROM HOLDING
38 ANY OTHER PUBLIC OFFICE OR EMPLOYMENT, NOR SHALL HE OR SHE FORFEIT ANY
39 SUCH OFFICE OR EMPLOYMENT BY REASON OF HIS OR HER APPOINTMENT HEREUNDER,
40 NOTWITHSTANDING THE PROVISIONS OF ANY GENERAL, SPECIAL OR LOCAL LAW,
41 ORDINANCE OR CITY CHARTER.
42 5. THE MEMBERS OF THE ADVISORY BOARD SHALL RECEIVE NO COMPENSATION FOR
43 THEIR SERVICES BUT SHALL BE ALLOWED THEIR ACTUAL AND NECESSARY EXPENSES
44 INCURRED IN THE PERFORMANCE OF THEIR DUTIES HEREUNDER.
45 6. THE BOARD SHALL HAVE THE POWER AND DUTY TO:
46 (A) ADVISE THE DIRECTOR IN CARRYING OUT THE FUNCTIONS, POWERS AND
47 DUTIES OF THE OFFICE, AS SET FORTH IN THIS ARTICLE;
48 (B) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING RECOMMENDED
49 LEGISLATION NECESSARY TO FOSTER AND PROMOTE THE PROSPERITY, EXPANSION
50 AND DEVELOPMENT OF SMALL BUSINESS CONCERNS WITHIN THE STATE;
51 (C) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING EXISTING LAWS,
52 RULES, REGULATIONS AND PRACTICES OF STATE AGENCIES WHICH ARE
53 COUNTER-PRODUCTIVE OR INIMICAL TO THE PROSPERITY, EXPANSION AND DEVELOP-
54 MENT OF SMALL BUSINESS CONCERNS WITHIN THE STATE;
55 (D) ADVISE THE GOVERNOR AND THE LEGISLATURE CONCERNING THE DEVELOPMENT
56 OF INTER-GOVERNMENTAL COOPERATION AMONG AGENCIES OF THE FEDERAL, STATE
A. 2176 4
1 AND LOCAL GOVERNMENTS AND COOPERATION BETWEEN PRIVATE INDUSTRY AND
2 GOVERNMENT SO AS TO ASSURE THE OPTIMUM DEVELOPMENT OF SMALL BUSINESS
3 CONCERNS;
4 (E) SERVE AS A CATALYST FOR CREATING AND MAINTAINING A SMALL BUSINESS
5 CONSCIOUSNESS IN NEW YORK STATE; AND
6 (F) ESTABLISH PROCEDURES FOR MAKING ANNUAL AWARDS TO BE KNOWN AS "NEW
7 YORK STATE SMALL BUSINESS AWARDS". THESE NON-MONETARY AWARDS SHALL BE
8 GIVEN IN RECOGNITION OF UNUSUAL PERFORMANCE BY PERSONS, FIRMS AND ORGAN-
9 IZATIONS WHICH ARE ENGAGED IN THE OPERATION OF NEW YORK STATE SMALL
10 BUSINESSES OR WHICH ARE ENGAGED IN ACTIVITIES TO ASSIST SMALL BUSINESSES
11 IN THE STATE. THE BOARD MAY NOMINATE UP TO FIVE AWARD WINNERS ANNUALLY
12 AND FORWARD SUCH NAMES TO THE GOVERNOR FOR HIS OR HER CONSIDERATION.
13 THE GOVERNOR MAY DESIGNATE AWARD WINNERS FROM THESE NOMINEES AT HIS OR
14 HER DISCRETION. CURRENT MEMBERS OF THE ADVISORY BOARD ARE NOT ELIGIBLE
15 AS NOMINEES.
16 7. THE DIRECTOR SHALL PROVIDE THE BOARD WITH SUCH STAFF ASSISTANCE AND
17 SUPPORT SERVICES AS NECESSARY FOR THE BOARD TO PERFORM THE FUNCTIONS
18 REQUIRED OF IT UNDER THIS SECTION.
19 S 664. POWERS AND DUTIES OF THE OFFICE FOR SMALL BUSINESS. THE OFFICE
20 SHALL HAVE THE POWER AND DUTY TO:
21 1. COORDINATE THE ACTIVITIES OF ALL STATE AGENCIES PERFORMING FUNC-
22 TIONS AFFECTING THE OPERATION OF SMALL BUSINESSES IN THE STATE;
23 2. RECEIVE COMPLAINTS OF OPERATORS OF SMALL BUSINESSES AND REFER THEM
24 TO THE APPROPRIATE FEDERAL, STATE OR LOCAL AGENCY AUTHORIZED BY LAW FOR
25 APPROPRIATE ACTION ON SUCH COMPLAINTS;
26 3. ADVISE AND MAKE RECOMMENDATIONS TO THE GOVERNOR ON MATTERS AFFECT-
27 ING THE SMALL BUSINESSES OF THE STATE AND PROMOTE AND ENCOURAGE THE
28 PROTECTION OF THE LEGITIMATE INTERESTS OF SMALL BUSINESSES WITHIN THE
29 STATE;
30 4. CONDUCT INVESTIGATIONS, RESEARCH, STUDIES AND ANALYSES OF MATTERS
31 AFFECTING THE INTERESTS OF SMALL BUSINESSES;
32 5. REPRESENT THE INTERESTS OF SMALL BUSINESSES IN THE STATE BEFORE
33 FEDERAL, STATE AND LOCAL ADMINISTRATIVE AND REGULATORY AGENCIES;
34 6. STUDY THE OPERATION OF THE LAWS AFFECTING SMALL BUSINESSES AND
35 RECOMMEND TO THE GOVERNOR NEW LAWS AND AMENDMENTS OF LAWS FOR THE BENE-
36 FIT OF SMALL BUSINESSES;
37 7. REVIEW PENDING LEGISLATION AFFECTING SMALL BUSINESSES AND REPORT
38 ITS FINDINGS TO THE GOVERNOR;
39 8. INITIATE AND ENCOURAGE SMALL BUSINESS EDUCATION PROGRAMS IN GENERAL
40 AND TO COORDINATE WITH THE FUNCTIONS OF THE OFFICE OF GENERAL SERVICES,
41 AN INFORMATION AND OUTREACH PROGRAM DIRECTED TOWARD INFORMING SMALL
42 BUSINESSES IN THE STATE OF PROCEDURES NECESSARY FOR COMPETING FOR STATE
43 PURCHASES AND TO COORDINATE WITH THE FUNCTIONS OF EVERY STATE AGENCY,
44 DEPARTMENT OR AUTHORITY DESCRIBED IN SECTION ONE HUNDRED THIRTY-NINE-G
45 OF THE STATE FINANCE LAW, PURSUANT TO SUBDIVISION (B) OF SECTION ONE
46 HUNDRED THIRTY-NINE-G OF THE STATE FINANCE LAW, AN INFORMATION AND
47 OUTREACH PROGRAM DIRECTED TOWARD INFORMING SMALL BUSINESSES IN THE STATE
48 OF PROCEDURES NECESSARY FOR COMPETING FOR STATE CONTRACTS; AND
49 9. CONDUCT A SURVEY OF ALL BUSINESS INCUBATORS IN THE STATE AND ASSESS
50 THE NEED FOR ADDITIONAL INCUBATOR FACILITIES TO NURTURE THE GROWTH AND
51 DEVELOPMENT OF SMALL BUSINESSES.
52 S 665. ASSISTANCE OF OTHER AGENCIES. TO EFFECTUATE THE PURPOSES OF
53 THIS ARTICLE, THE DIRECTOR MAY REQUEST FROM ANY DEPARTMENT, DIVISION,
54 BOARD, BUREAU, COMMISSION OR OTHER AGENCY OF THE STATE OR FROM ANY
55 PUBLIC CORPORATION OR DISTRICT, AND THE SAME ARE AUTHORIZED TO PROVIDE,
56 SUCH ASSISTANCE, SERVICES AND DATA AS MAY BE REQUIRED BY THE OFFICE IN
A. 2176 5
1 CARRYING OUT ITS FUNCTIONS, POWERS, DUTIES AND PURPOSES UNDER THIS ARTI-
2 CLE.
3 S 666. RULES AND REGULATIONS. THE DIRECTOR SHALL ADOPT RULES AND REGU-
4 LATIONS TO EFFECTUATE THE PURPOSES OF THIS ARTICLE. THE ADVISORY BOARD
5 SHALL RECOMMEND TO HIM OR HER CRITERIA FOR INCLUSION THEREIN.
6 S 667. SMALL BUSINESS EDUCATION PROGRAM. THE DIRECTOR AND THE COMMIS-
7 SIONERS OF AGRICULTURE AND MARKETS AND THE OFFICE OF GENERAL SERVICES
8 SHALL INITIATE AND ENCOURAGE SMALL BUSINESS EDUCATION PROGRAMS AND COOR-
9 DINATE WITH THE FUNCTIONS OF THE OFFICE OF GENERAL SERVICES AN INFORMA-
10 TION AND OUTREACH PROGRAM DIRECTED TOWARD INFORMING ELIGIBLE BUSINESSES
11 IN THE STATE OF PROCEDURES NECESSARY FOR COMPETING FOR PURCHASES OF FOOD
12 PRODUCTS PURSUANT TO SUBDIVISION EIGHT-A OF SECTION ONE HUNDRED THREE OF
13 THE GENERAL MUNICIPAL LAW, AND TO COORDINATE WITH THE FUNCTIONS OF EVERY
14 STATE AGENCY OR DEPARTMENT DESCRIBED IN SUBDIVISION (B) OF SECTION ONE
15 HUNDRED THIRTY-NINE-G OF THE STATE FINANCE LAW, AN INFORMATION AND
16 OUTREACH PROGRAM DIRECTED TOWARD INFORMING ELIGIBLE BUSINESSES IN THE
17 STATE OF PROCEDURES NECESSARY FOR COMPETING FOR CONTRACTS FOR THE
18 PURCHASE OF FOOD PRODUCTS PURSUANT TO SUBDIVISION EIGHT-A OF SECTION ONE
19 HUNDRED THREE OF THE GENERAL MUNICIPAL LAW.
20 S 668. SMALL BUSINESS STATIONARY SOURCE OMBUDSMAN PROGRAM. 1. THERE
21 IS HEREBY ESTABLISHED WITHIN THE OFFICE A SMALL BUSINESS STATIONARY
22 SOURCE OMBUDSMAN PROGRAM. THE PRIMARY PURPOSE OF THE SMALL BUSINESS
23 STATIONARY SOURCE OMBUDSMAN PROGRAM IS TO REPRESENT SMALL BUSINESS
24 STATIONARY SOURCES ON ISSUES RELATING TO COMPLIANCE WITH THE FEDERAL
25 CLEAN AIR ACT, 42 U.S.C. SECTION 7401 ET SEQ. AS AMENDED BY PUBLIC LAW
26 101-549, NOVEMBER FIFTEENTH, NINETEEN HUNDRED NINETY, HEREINAFTER
27 REFERRED TO AS THE "ACT", AND TO REFER SMALL BUSINESS STATIONARY SOURCES
28 TO APPROPRIATE ENTITIES FOR ASSISTANCE IN COMPLIANCE WITH ARTICLE NINE-
29 TEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT. FOR PURPOSES OF
30 THIS SECTION A SMALL BUSINESS STATIONARY SOURCE SHALL HAVE THE SAME
31 MEANING AS IN SECTION 19-0313 OF THE ENVIRONMENTAL CONSERVATION LAW.
32 2. THE OFFICE SHALL, THROUGH THE SMALL BUSINESS STATIONARY SOURCE
33 OMBUDSMAN PROGRAM, PERFORM ALL FUNCTIONS NECESSARY TO IMPLEMENT THE
34 REQUIREMENTS OF SECTION 7661F OF THE ACT INCLUDING:
35 (A) SOLICITING INPUT FROM SMALL BUSINESS STATIONARY SOURCES REGARDING
36 COMPLIANCE WITH THE ACT AND ARTICLE NINETEEN OF THE ENVIRONMENTAL
37 CONSERVATION LAW, INCLUDING INTERACTING WITH ORGANIZATIONS REPRESENTING
38 SMALL BUSINESSES SUCH AS TRADE ASSOCIATIONS OR OTHER ENTITIES;
39 (B) PARTICIPATING IN, AND FACILITATING AND PROMOTING THE PARTICIPATION
40 OF SMALL BUSINESS STATIONARY SOURCES IN THE DEVELOPMENT AND IMPLEMENTA-
41 TION OF RULES AND REGULATIONS ADOPTED PURSUANT TO ARTICLE NINETEEN OF
42 THE ENVIRONMENTAL CONSERVATION LAW;
43 (C) PARTICIPATING IN, AND SPONSORING MEETINGS WITH THE DEPARTMENT OF
44 ENVIRONMENTAL CONSERVATION, LOCAL AIR POLLUTION CONTROL AGENCIES, INDUS-
45 TRY GROUPS AND SMALL BUSINESS REPRESENTATIVES;
46 (D) PROVIDING GUIDANCE AND RECOMMENDATIONS TO THE DEPARTMENT OF ENVI-
47 RONMENTAL CONSERVATION ON THE DEVELOPMENT, CONTENT AND OPERATION OF THE
48 SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE
49 ASSISTANCE PROGRAM AS CREATED BY SECTION 19-0313 OF THE ENVIRONMENTAL
50 CONSERVATION LAW;
51 (E) DISTRIBUTING TO SMALL BUSINESS STATIONARY SOURCES INFORMATION AND
52 MATERIALS ON THE REQUIREMENTS OF THE ACT AND ARTICLE NINETEEN OF THE
53 ENVIRONMENTAL CONSERVATION LAW;
54 (F) REPORTING TO THE SMALL BUSINESS STATIONARY SOURCE COMPLIANCE ADVI-
55 SORY PANEL AS ESTABLISHED PURSUANT TO SECTION 19-0315 OF THE ENVIRON-
56 MENTAL CONSERVATION LAW ON ANY PROBLEMS OR DIFFICULTIES EXPERIENCED BY
A. 2176 6
1 SMALL BUSINESS STATIONARY SOURCES IN COMPLYING WITH ARTICLE NINETEEN OF
2 THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT, INCLUDING THE DEGREE AND
3 SEVERITY OF ENFORCEMENT;
4 (G) AIDING IN THE INVESTIGATION AND RESOLUTION OF COMPLAINTS AND
5 DISPUTES FROM SMALL BUSINESS STATIONARY SOURCES AGAINST THE DEPARTMENT
6 OF ENVIRONMENTAL CONSERVATION AND LOCAL AIR POLLUTION CONTROL AUTHORI-
7 TIES;
8 (H) CONDUCTING PERIODIC EVALUATIONS OF ALL ASPECTS OF THE SMALL BUSI-
9 NESS STATIONARY SOURCE TECHNICAL AND ENVIRONMENTAL COMPLIANCE ASSISTANCE
10 PROGRAM AS IDENTIFIED UNDER SECTION 19-0313 OF THE ENVIRONMENTAL CONSER-
11 VATION LAW INCLUDING REVIEWING THE WORK AND SERVICES OF THE PROGRAM WITH
12 TRADE ASSOCIATIONS AND REPRESENTATIVES OF SMALL BUSINESS;
13 (I) REVIEWING AND PROVIDING COMMENTS AND RECOMMENDATIONS TO THE UNITED
14 STATES ENVIRONMENTAL PROTECTION AGENCY AND THE DEPARTMENT OF ENVIRON-
15 MENTAL CONSERVATION REGARDING THE DEVELOPMENT AND IMPLEMENTATION OF
16 REGULATIONS THAT IMPACT SMALL BUSINESS STATIONARY SOURCES;
17 (J) ARRANGING FOR AND ASSISTING IN THE PREPARATION OF GUIDANCE DOCU-
18 MENTS BY THE SMALL BUSINESS STATIONARY SOURCE TECHNICAL AND ENVIRON-
19 MENTAL COMPLIANCE ASSISTANCE PROGRAM AS REQUIRED PURSUANT TO SECTION
20 19-0313 OF THE ENVIRONMENTAL CONSERVATION LAW TO ENSURE THAT THE
21 LANGUAGE IS READILY UNDERSTANDABLE BY THE LAY PERSON;
22 (K) REFERRING SMALL BUSINESS STATIONARY SOURCES TO SPECIALISTS FOR
23 INFORMATION AND ASSISTANCE ON AFFORDABLE ALTERNATIVE TECHNOLOGIES, PROC-
24 ESS CHANGES, PRODUCTS AND OPERATIONAL METHODS TO HELP REDUCE AIR
25 POLLUTION;
26 (L) PROVIDING INFORMATION TO SMALL BUSINESS STATIONARY SOURCES ON
27 STATE-SPONSORED PROGRAMS OFFERING FINANCIAL AND TECHNICAL ASSISTANCE,
28 AND IN LOCATING SOURCES OF FUNDING FOR COMPLIANCE WITH THE REQUIREMENTS
29 OF ARTICLE NINETEEN OF THE ENVIRONMENTAL CONSERVATION LAW AND THE ACT;
30 AND
31 (M) ESTABLISHING PROCEDURES FOR ASSURING THE CONFIDENTIALITY OF INFOR-
32 MATION RECEIVED FROM SMALL BUSINESS STATIONARY SOURCES.
33 3. THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC OFFICERS LAW SHALL NOT
34 APPLY TO RECORDS CONTAINING INFORMATION SUPPLIED BY SMALL BUSINESS
35 STATIONARY SOURCES PURSUANT TO THE PROVISIONS OF THIS SECTION.
36 S 669. ABOLITION OF DIVISION FOR SMALL BUSINESS. UPON THE TRANSFER
37 PURSUANT TO THIS ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY AND
38 ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR SMALL BUSINESS AS
39 ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVELOP-
40 MENT LAW TO THE OFFICE, THE DIVISION FOR SMALL BUSINESS SHALL BE ABOL-
41 ISHED.
42 S 670. TRANSFER OF POWERS OF THE DIVISION FOR SMALL BUSINESS. EXCEPT
43 AS OTHERWISE PROVIDED IN THIS ARTICLE, THE FUNCTIONS AND POWERS
44 POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
45 SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
46 ECONOMIC DEVELOPMENT LAW SHALL BE TRANSFERRED AND ASSIGNED TO, ASSUMED
47 BY AND DEVOLVED UPON THE OFFICE. SUCH TRANSFER SHALL OCCUR NO LATER THAN
48 JANUARY THIRTY-FIRST, TWO THOUSAND FIFTEEN, PROVIDED, HOWEVER, THAT, IN
49 THE EVENT THAT IT IS IMPRACTICAL TO EFFECTUATE SUCH TRANSFER ON OR
50 BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE DIRECTOR MAY UPON
51 NOTIFICATION TO THE GOVERNOR, TEMPORARY PRESIDENT OF THE SENATE, AND
52 SPEAKER OF THE ASSEMBLY ON OR BEFORE JANUARY FIFTEENTH, TWO THOUSAND
53 FIFTEEN, EXECUTE A MEMORANDUM OF UNDERSTANDING TO GOVERN THE EXPEDITIOUS
54 TRANSFER REQUIRED PURSUANT TO THIS SECTION.
55 S 671. TRANSFER OF ASSETS AND LIABILITIES. UPON THE TRANSFER PURSUANT
56 TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
A. 2176 7
1 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
2 SION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
3 OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
4 SIX HUNDRED SEVENTY OF THIS ARTICLE ALL ASSETS AND LIABILITIES OF THE
5 DIVISION FOR SMALL-BUSINESS ARE HEREBY TRANSFERRED TO AND ASSUMED BY THE
6 OFFICE.
7 S 672. CONTINUITY OF AUTHORITY. UPON THE TRANSFER PURSUANT TO SECTION
8 SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS
9 POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
10 SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
11 ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX
12 HUNDRED SEVENTY OF THIS ARTICLE, FOR THE PURPOSE OF SUCCESSION TO ALL
13 FUNCTIONS, POWERS, DUTIES AND OBLIGATIONS OF THE DIVISION FOR SMALL-BU-
14 SINESS, THE OFFICE SHALL BE DEEMED AND HELD TO CONSTITUTE THE CONTINUA-
15 TION OF SUCH AUTHORITY AND NOT A DIFFERENT AGENCY OR AUTHORITY.
16 S 673. TRANSFER OF RECORDS. UPON THE TRANSFER PURSUANT TO SECTION SIX
17 HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY
18 AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR SMALL-BUSINESS
19 AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVEL-
20 OPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF
21 THIS ARTICLE, ALL BOOKS, PAPERS, RECORDS AND PROPERTY PERTAINING TO THE
22 DIVISION FOR SMALL-BUSINESS SHALL BE TRANSFERRED TO AND MAINTAINED BY
23 THE OFFICE.
24 S 674. COMPLETION OF UNFINISHED BUSINESS. UPON THE TRANSFER PURSUANT
25 TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
26 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
27 SION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
28 OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
29 SIX HUNDRED SEVENTY OF THIS ARTICLE, ANY BUSINESS OR OTHER MATTER UNDER-
30 TAKEN OR COMMENCED BY THE DIVISION FOR SMALL BUSINESS PERTAINING TO OR
31 CONNECTED WITH THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES SO TRANS-
32 FERRED AND ASSIGNED TO THE OFFICE MAY BE CONDUCTED OR COMPLETED BY THE
33 DIRECTOR OF THE OFFICE.
34 S 675. TERMS OCCURRING IN LAWS, CONTRACTS OR OTHER DOCUMENTS. UPON THE
35 TRANSFER PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE
36 FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES
37 OF THE DIVISION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER
38 ARTICLE FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS
39 PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE WHENEVER THE
40 DIVISION FOR SMALL BUSINESS AND THE COMMISSIONER THEREOF, THE FUNCTIONS,
41 POWERS, OBLIGATIONS AND DUTIES OF WHICH ARE TRANSFERRED TO THE OFFICE
42 ARE REFERRED TO OR DESIGNATED IN ANY LAW, CONTRACT OR DOCUMENT PERTAIN-
43 ING TO THE FUNCTIONS, POWERS, OBLIGATIONS AND DUTIES TRANSFERRED AND
44 ASSIGNED PURSUANT TO THIS ARTICLE, SUCH REFERENCE OR DESIGNATION SHALL
45 BE DEEMED TO REFER TO THE OFFICE AND ITS DIRECTOR.
46 S 676. EXISTING RIGHTS AND REMEDIES PRESERVED. UPON THE TRANSFER
47 PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS
48 AND POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE
49 DIVISION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE
50 FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY
51 SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE NO EXISTING RIGHT OR REMEDY
52 OF THE STATE, INCLUDING THE DIVISION FOR SMALL BUSINESS SHALL BE LOST,
53 IMPAIRED OR AFFECTED BY REASON OF THIS ARTICLE.
54 S 677. PENDING ACTIONS AND PROCEEDINGS. UPON THE TRANSFER PURSUANT TO
55 SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND POWERS
56 POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVISION FOR
A. 2176 8
1 SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B OF THE
2 ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION SIX
3 HUNDRED SEVENTY OF THIS ARTICLE NO ACTION OR PROCEEDING PENDING ON THE
4 EFFECTIVE DATE OF THIS ARTICLE, BROUGHT BY OR AGAINST THE DIVISION FOR
5 SMALL BUSINESS OR COMMISSIONER THEREOF SHALL BE AFFECTED BY ANY
6 PROVISION OF THIS ARTICLE, BUT THE SAME MAY BE PROSECUTED OR DEFENDED IN
7 THE NAME OF THE DIRECTOR OF THE OFFICE. IN ALL SUCH ACTIONS AND
8 PROCEEDINGS, THE OFFICE, UPON APPLICATION TO THE COURT, SHALL BE SUBSTI-
9 TUTED AS A PARTY.
10 S 678. CONTINUANCE OF RULES AND REGULATIONS. UPON THE TRANSFER PURSU-
11 ANT TO SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE OF THE FUNCTIONS AND
12 POWERS POSSESSED BY AND ALL OF THE OBLIGATIONS AND DUTIES OF THE DIVI-
13 SION FOR SMALL-BUSINESS AS ESTABLISHED PURSUANT TO FORMER ARTICLE FOUR-B
14 OF THE ECONOMIC DEVELOPMENT LAW TO THE OFFICE AS PRESCRIBED BY SECTION
15 SIX HUNDRED SEVENTY OF THIS ARTICLE, ALL RULES, REGULATIONS, ACTS,
16 DETERMINATIONS AND DECISIONS OF THE DIVISION FOR SMALL BUSINESS,
17 PERTAINING TO THE FUNCTIONS TRANSFERRED AND ASSIGNED BY THIS ARTICLE TO
18 THE OFFICE IN FORCE AT THE TIME OF SUCH TRANSFER, ASSIGNMENT, ASSUMPTION
19 OR DEVOLUTION SHALL CONTINUE IN FORCE AND EFFECT AS RULES, REGULATIONS,
20 ACTS, DETERMINATIONS AND DECISIONS OF THE OFFICE UNTIL DULY MODIFIED OR
21 REPEALED.
22 S 679. TRANSFER OF APPROPRIATIONS MADE TO THE DIVISION FOR SMALL BUSI-
23 NESS. UPON THE TRANSFER PURSUANT TO SECTION SIX HUNDRED SEVENTY OF THIS
24 ARTICLE OF THE FUNCTIONS AND POWERS POSSESSED BY AND ALL OF THE OBLI-
25 GATIONS AND DUTIES OF THE DIVISION FOR SMALL-BUSINESS AS ESTABLISHED
26 PURSUANT TO FORMER ARTICLE FOUR-B OF THE ECONOMIC DEVELOPMENT LAW TO THE
27 OFFICE AS PRESCRIBED BY SECTION SIX HUNDRED SEVENTY OF THIS ARTICLE, ALL
28 APPROPRIATIONS AND REAPPROPRIATIONS WHICH SHALL HAVE BEEN MADE AVAILABLE
29 AS OF THE DATE OF SUCH TRANSFER TO THE DIVISION FOR SMALL-BUSINESS OR
30 SEGREGATED PURSUANT TO LAW, TO THE EXTENT OF REMAINING UNEXPENDED OR
31 UNENCUMBERED BALANCES THEREOF, WHETHER ALLOCATED OR UNALLOCATED AND
32 WHETHER OBLIGATED OR UNOBLIGATED, SHALL BE TRANSFERRED TO AND MADE
33 AVAILABLE FOR USE AND EXPENDITURE BY THE OFFICE FOR THE SAME PURPOSES
34 FOR WHICH ORIGINALLY APPROPRIATED OR REAPPROPRIATED AND SHALL BE PAYABLE
35 ON VOUCHERS CERTIFIED OR APPROVED BY THE COMMISSIONER OF TAXATION AND
36 FINANCE, ON AUDIT AND WARRANT OF THE COMPTROLLER. PAYMENTS OF LIABIL-
37 ITIES FOR EXPENSES OF PERSONAL SERVICE, MAINTENANCE AND OPERATION WHICH
38 SHALL HAVE BEEN INCURRED AS OF THE DATE OF SUCH TRANSFER BY THE DIVISION
39 FOR SMALL BUSINESS, AND FOR LIABILITIES INCURRED AND TO BE INCURRED IN
40 COMPLETING ITS AFFAIRS SHALL ALSO BE MADE ON VOUCHERS CERTIFIED OR
41 APPROVED BY THE DIRECTOR OF THE OFFICE, ON AUDIT AND WARRANT OF THE
42 COMPTROLLER.
43 S 3. The opening paragraph of subdivision 1 of section 1838 of the
44 public authorities law, as added by chapter 56 of the laws of 1993, is
45 amended to read as follows:
46 There is hereby created a state bonding guarantee assistance program
47 to enable small businesses, and minority-owned and women-owned business
48 enterprises, certified as a minority-owned or women-owned business
49 enterprise pursuant to article fifteen-A of the executive law, to meet
50 payment and/or performance bonding requirements by providing additional
51 financial backing needed to induce a surety company to issue a bond for
52 construction projects, including but not limited to, government spon-
53 sored, transportation related construction projects. For purposes of
54 this section, the term small business shall have the same meaning as
55 defined in section [one hundred thirty-one] SIX HUNDRED SIXTY-ONE of the
A. 2176 9
1 [economic development] EXECUTIVE law. Such program shall give preference
2 to minority-owned and women-owned business enterprises and shall:
3 S 4. The opening paragraph and paragraph g of subdivision 1 and subdi-
4 vision 3 of section 19-0313 of the environmental conservation law, as
5 added by chapter 608 of the laws of 1993, are amended to read as
6 follows:
7 The commissioner is hereby authorized and directed to establish,
8 develop and implement a small business stationary source technical and
9 environmental compliance assistance program for those categories of
10 sources of air contamination identified in section 7661f(c) of the Act
11 or any other category of source the commissioner deems appropriate. The
12 commissioner, after consultation with the administrator of the United
13 States environmental protection agency, the administrator of the United
14 States small business administration, the small business stationary
15 source compliance advisory panel and the small business stationary
16 source ombudsman created pursuant to section [one hundred thirty-seven]
17 SIX HUNDRED SIXTY-EIGHT of the [economic development] EXECUTIVE law, and
18 after providing notice and opportunity for public hearing, may exclude
19 from the program any category or subcategory of sources identified in
20 section 7661f(c) of the Act that the commissioner determines to have
21 sufficient technical and financial capabilities to meet the requirements
22 of the Act without such assistance. The department may designate eligi-
23 bility for assistance based on whether the stationary source has suffi-
24 cient technical and financial capabilities to comply with federal and
25 state law without such assistance. Such program shall include:
26 g. procedures for soliciting input from and exchanging information
27 with the small business stationary source ombudsman created pursuant to
28 section [one hundred thirty-seven] SIX HUNDRED SIXTY-EIGHT of the
29 [economic development] EXECUTIVE law, regarding compliance requirements
30 for small business stationary sources;
31 3. In developing and implementing the small business stationary source
32 technical and environmental compliance assistance program as required
33 pursuant to subdivision one of this section, the department shall
34 consult with the small business stationary source compliance advisory
35 panel as created pursuant to section 19-0315 of this title and the small
36 business stationary source ombudsman as created pursuant to section [one
37 hundred thirty-seven] SIX HUNDRED SIXTY-EIGHT of the [economic develop-
38 ment] EXECUTIVE law.
39 S 5. Paragraph i of subdivision 3 of section 97-oo of the state
40 finance law, as added by chapter 608 of the laws of 1993, is amended to
41 read as follows:
42 i. developing and implementing the small business stationary source
43 ombudsman program established pursuant to section [one hundred thirty-
44 seven] SIX HUNDRED SIXTY-EIGHT of the [economic development] EXECUTIVE
45 law; and
46 S 6. Paragraph f of subdivision 2 and subdivision 3 of section 28-0109
47 of the environmental conservation law, as added by chapter 654 of the
48 laws of 2005, are amended to read as follows:
49 f. procedures for soliciting input [from and exchanging information
50 with the small business pollution prevention and environmental compli-
51 ance ombudsman program created pursuant to section 138 of the economic
52 development law,] regarding pollution prevention opportunities and
53 compliance requirements for small businesses;
54 3. In developing and implementing the small business pollution
55 prevention and environmental compliance assistance program, the depart-
56 ment shall consult with the pollution prevention and environmental
A. 2176 10
1 compliance coordinating council as created pursuant to section 28-0111
2 of this article, the environmental facilities corporation[, the small
3 business pollution prevention and environmental compliance ombudsman
4 program as created pursuant to section 138 of the economic development
5 law] and the office of waste prevention services as created pursuant to
6 article 14 of the economic development law.
7 S 7. Subdivision 1 of section 311-a of the executive law, as added by
8 section 4 of part BB of chapter 59 of the laws of 2006, is amended to
9 read as follows:
10 1. There is hereby established within the department of economic
11 development an office of the minority and women-owned business enter-
12 prise statewide advocate. The statewide advocate shall be appointed by
13 the commissioner with the advice of the small business advisory board as
14 established in section [one hundred thirty-three] SIX HUNDRED
15 SIXTY-THREE of the [economic development] EXECUTIVE law and shall serve
16 in the unclassified service of the director. The statewide advocate
17 shall be located in the Albany empire state development office.
18 S 8. This act shall take effect immediately; provided that the renum-
19 bering of section 655 of the executive law made by section two of this
20 act shall not affect the expiration of such section and shall be deemed
21 repealed therewith; and provided, further, that the amendments to
22 section 311-a of the executive law made by section seven of this act
23 shall not affect the expiration of such section and shall be deemed
24 repealed therewith.