S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
           S. 5493                                                  A. 7516
                              2015-2016 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                     May 14, 2015
                                      ___________
       IN SENATE -- Introduced by Sen. LAVALLE -- read twice and ordered print-
         ed,  and  when  printed  to be committed to the Committee on Commerce,
         Economic Development and Small Business
       IN ASSEMBLY -- Introduced by M. of A. THIELE -- read once  and  referred
         to the Committee on Small Business
       AN  ACT  to amend the economic development law, the New York state urban
         development corporation act, the executive law and the state  adminis-
         trative  procedure  act,  in relation to assisting small businesses in
         this state
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Subdivisions 7, 8, 9, 10, 11 and 12 of section 134 of the
    2  economic development law, subdivision 7 as added by chapter 547  of  the
    3  laws  of  1976,  subdivision 8 as amended and subdivision 11 as added by
    4  chapter 361 of the laws of 2009, subdivision 9 as amended by chapter 490
    5  of the laws of 1993, subdivision 10 as added by chapter 543 of the  laws
    6  of 2002 and subdivision 12 as amended by chapter 16 of the laws of 2014,
    7  are amended to read as follows:
    8    7.  review  pending  legislation affecting small-businesses and report
    9  its findings to the commissioner; [and]
   10    8. initiate and encourage small-business education programs in general
   11  and to coordinate with the functions of the office of  general  services
   12  an  information and outreach program directed toward informing small-bu-
   13  sinesses in the state of procedures necessary for  competing  for  state
   14  purchases  and  to  coordinate with the functions of every state agency,
   15  department or authority described in section one  hundred  thirty-nine-g
   16  of  the  state  finance  law, pursuant to subdivision (b) of section one
   17  hundred thirty-nine-g of the  state  finance  law,  an  information  and
   18  outreach program directed toward informing small-businesses in the state
   19  of  procedures  necessary  for  competing for state contracts, including
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08042-01-5
       S. 5493                             2                            A. 7516
    1  without limitation educating  small  contractors  about  surety  bonding
    2  requirements  on state contracts, and identifying resources available to
    3  such contractors in obtaining their first bond and in  increasing  their
    4  bonding  capacity,  including but not limited to the federal small busi-
    5  ness administration bond guarantee program[.];
    6    9. ADVISE AND MAKE RECOMMENDATIONS  TO  THE  COMMISSIONER  ON  MATTERS
    7  AFFECTING MICRO-ENTERPRISES CONSISTING OF FEWER THAN FIVE EMPLOYEES;
    8    10.  the commissioner and the commissioners of agriculture and markets
    9  and the office of general services shall initiate and  encourage  small-
   10  business  education  programs  and  coordinate with the functions of the
   11  office of general services, pursuant to subdivision (b)  of  THE  FORMER
   12  section one hundred sixty-one-b of the state finance law, an information
   13  and  outreach  program  directed toward informing eligible businesses in
   14  the state of procedures necessary for competing for  purchases  of  food
   15  products  pursuant  to  THE FORMER section one hundred seventy-four-a of
   16  the state finance law and subdivision eight-a  of  section  one  hundred
   17  three of the general municipal law, and to coordinate with the functions
   18  of  every  state  agency  or  department described in subdivision (b) of
   19  section one hundred thirty-nine-g of the state finance law, an  informa-
   20  tion  and outreach program directed toward informing eligible businesses
   21  in the state of procedures necessary for competing for contracts for the
   22  purchase of food products pursuant to THE  FORMER  section  one  hundred
   23  seventy-four-a  of  the  state  finance  law  and subdivision eight-a of
   24  section one hundred three of the general municipal law[.];
   25    [10.] 11. conduct a survey of all business incubators in the state and
   26  assess the need for  additional  incubator  facilities  to  nurture  the
   27  growth and development of small businesses[.];
   28    [11.]  12.  provide  assistance  to  small  business in the state, and
   29  facilitate access to programs serving small  business,  to  ensure  that
   30  such  businesses  benefit, as needed, from technical, managerial, finan-
   31  cial, and general business assistance; training; marketing; organization
   32  and personnel skill development; project management assistance; technol-
   33  ogy assistance; bond and insurance education assistance; and other busi-
   34  ness development assistance. In addition,  either  independently  or  in
   35  conjunction with other state agencies:
   36    (a)  develop  a  clearinghouse of information on programs and services
   37  provided by entities that may assist such businesses; and
   38    (b) seek to maximize utilization  by  small  businesses  of  available
   39  federal  resources  including  but not limited to federal grants, loans,
   40  loan guarantees, surety bonding guarantees,  technical  assistance,  and
   41  programs  and  services of the federal small business administration[.];
   42  AND
   43    [12.] 13. compile an annual report on the state of  small  businesses,
   44  particularly  those  with  twenty-five  employees or less which shall be
   45  known as  micro-businesses  under  this  subdivision.  The  commissioner
   46  shall, on or before June first, two thousand fourteen and annually ther-
   47  eafter,  submit  to  the governor, the temporary president of the senate
   48  and the speaker of the assembly a report that shall include, but not  be
   49  limited to, the following information for each calendar year:
   50    (a)  the  growth  and economic trends of small businesses which may be
   51  categorized by various small business sizes and/or sectors;
   52    (b) an analysis of relevant and available employment, statistical  and
   53  economic  data of the various small business sectors throughout New York
   54  state, which may be categorized by various small business sizes;
   55    (c) suggestions to improve the efficiency of existing loan programs;
   56    (d) suggestions to improve small business growth;
       S. 5493                             3                            A. 7516
    1    (e) statistical and economic analysis of the state of small businesses
    2  by various small business sizes and/or sectors; and
    3    (f)  identification  and  review  of  the local and state regulations,
    4  fines and penalties particular to small businesses which may be categor-
    5  ized by various small business sizes and/or sectors.
    6    The division shall collaborate with other state and local agencies  to
    7  develop  the  annual  report. The office shall maintain and publish such
    8  information on the small business directory webpage  in  a  manner  that
    9  allows  individuals  to  search  the  report  by  name, date, or type of
   10  statistics. The format of  the  annual  report  shall  be  developed  in
   11  consultation  with  various small business owners to ensure the informa-
   12  tion collected, analyzed, and published for the purposes of this  subdi-
   13  vision is representative of all small businesses in the state.
   14    S 2. Section 1 of chapter 174 of the laws of 1968 constituting the New
   15  York  state urban development corporation act is amended by adding a new
   16  section 16-x to read as follows:
   17    S 16-X. MAIN STREET CENTER GRANT PROGRAM.  1.  THE  CORPORATION  SHALL
   18  ADMINISTER  A STATEWIDE PROGRAM TO CREATE MAIN STREET CENTERS IN EACH OF
   19  THE COUNTIES IN NEW YORK STATE, WITH THE EXCEPTION OF THE FIVE  BOROUGHS
   20  OF NEW YORK CITY.
   21    2.  EACH  COUNTY  MAIN  STREET  CENTER  SHALL BE ELIGIBLE TO RECEIVE A
   22  MATCHING GRANT OF UP TO ONE HUNDRED THOUSAND DOLLARS TOWARD THE CREATION
   23  OF THE COUNTY CENTER IF THE COUNTY DESIGNATES THE EQUIVALENT OF A  FULL-
   24  TIME  EMPLOYEE  TO THE MAIN STREET DEVELOPMENT EFFORT. THE GRANTS MAY BE
   25  USED FOR FACADE RENOVATION AND INTERIOR REHABILITATION.
   26    3. EACH CENTER SHALL HOUSE A  COMPREHENSIVE  LIBRARY  OF  MAIN  STREET
   27  PUBLICATIONS AVAILABLE TO BE LOANED.
   28    4.  EACH  CENTER  SHALL  DEVELOP  A  CENTRAL DATABASE OF ALL STATE AND
   29  FEDERAL GRANT RESOURCES. THE  CORPORATION  SHALL  ASSIST  LOCALITIES  IN
   30  IDENTIFYING  POTENTIAL  SOURCES OF FUNDING AND PROVIDE TECHNICAL ASSIST-
   31  ANCE REGARDING GRANT PROCUREMENT.
   32    5. EACH CENTER SHALL DEVELOP GUIDELINES TO ASSIST LOCALITIES IN ENSUR-
   33  ING THAT FACADE RENOVATIONS ARE DONE  IN  A  MANNER  THAT  RESPECTS  THE
   34  ARCHITECTURE  OF  THE  BUILDING TO BE RENOVATED AND HELPS TO ENHANCE THE
   35  HISTORIC INTEGRITY OF THE MAIN STREET DISTRICT.
   36    S 3. The executive law is amended by adding two new sections 102-a and
   37  149-a to read as follows:
   38    S 102-A. RULE-MAKING DOCUMENTS SUBMITTED TO THE SECRETARY OF STATE. 1.
   39  ON OR AFTER JANUARY FIRST, TWO THOUSAND FIFTEEN, ALL  RULE-MAKING  DOCU-
   40  MENTS SHALL BE SUBMITTED TO THE SECRETARY OF STATE IN ELECTRONIC FORMAT.
   41  THE  SECRETARY  OF  STATE  SHALL  MAKE  SUCH DOCUMENTS AVAILABLE WITHOUT
   42  CHARGE TO THE PUBLIC ELECTRONICALLY, AND SHALL  DISSEMINATE  SUCH  DOCU-
   43  MENTS  WITHOUT  CHARGE TO INTERESTED PARTIES BY VARIOUS MEANS, INCLUDING
   44  AT A MINIMUM THROUGH ONE OR MORE ELECTRONIC MAILING  LISTS,  RSS  FEEDS,
   45  AND  ANY  OTHER TECHNOLOGIES DETERMINED BY THE SECRETARY TO BE EFFECTIVE
   46  IN PROVIDING TIMELY AND EFFECTIVE ACCESS TO RULE-MAKING INFORMATION.  AT
   47  LEAST  ONE  SUCH  MEANS SHALL UTILIZE A RULES TRACKER PROGRAM OR SIMILAR
   48  PROGRAM THAT ENABLES A USER TO  CUSTOMIZE  THE  RULE-MAKING  INFORMATION
   49  THAT WILL BE PROVIDED.
   50    2.  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "RSS" OR "RICH SITE
   51  SUMMARY" SHALL MEAN A  FORMAT  FOR  DELIVERING  REGULARLY  CHANGING  WEB
   52  CONTENT.
   53    S  149-A.  ONLINE  PUBLICATION  OF STATE REGISTER. 1. THE SECRETARY OF
   54  STATE SHALL PUBLISH AN ELECTRONIC VERSION OF THE STATE REGISTER  ON  ITS
   55  WEBSITE AND SHALL MAKE IT AVAILABLE WITHOUT CHARGE ONLINE.
       S. 5493                             4                            A. 7516
    1    2.  THE INTERNET HOME PAGE OF EVERY STATE AGENCY THAT ADOPTS RULES AND
    2  REGULATIONS OR PUBLISHES NOTICES IN THE STATE REGISTER SHALL MAINTAIN  A
    3  LINK TO THE ELECTRONIC VERSION OF THE STATE REGISTER.
    4    S  4.  Paragraph  (a)  of  subdivision 6-a of section 202 of the state
    5  administrative procedure act, as amended by chapter 171 of the  laws  of
    6  1994, is amended to read as follows:
    7    (a) An agency shall transmit a copy of any rule making notice prepared
    8  pursuant to this article to the governor, the temporary president of the
    9  senate,  the speaker of the assembly, THE MINORITY LEADER OF THE SENATE,
   10  THE MINORITY LEADER OF  THE  ASSEMBLY,  the  administrative  regulations
   11  review commission and the office of regulatory and management assistance
   12  at  the  time  such  notice  is  submitted to the secretary of state for
   13  publication in the state register. Such transmittal  shall  include  the
   14  complete  rule text, regulatory impact statement, regulatory flexibility
   15  analysis, rural area flexibility analysis, or revisions thereof, and any
   16  other information submitted to the secretary of state pursuant  to  this
   17  article.
   18    S 5. This act shall take effect immediately.