NY Econ Dev L § 100 (2021)
2021 New York Laws COM - Economic Development Law Article 4 - General Powers of Department 100 - General Powers of Department.

§  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.   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 three annual,  non-monetary  awards  to be known as: (a) New York State Direct Farm Marketing Award; (b) New York State Agri-Tourism Award; and (c) New York State Specialty Food Product Award. These awards shall be given  in recognition  of  unusual  efforts  by  farmers, food processors and food retailers for  the  marketing  of  New  York  state  grown  agricultural commodities  or  foods  processed  from or primarily containing New York state agricultural commodities 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 and assist such businesses in identifying such food or food products, which may  help  to  meet  state agencies' needs.   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  him, 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.   30. to cooperate with all private persons  and  governmental  entities concerned with science oriented industry and applied research.   31.  to sponsor, foster and support research and to sponsor or conduct studies relating to science oriented industry 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.   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  exercise  all  other  powers  and  functions   necessary   or appropriate  to  carry  out  the  duties  and purposes set forth in this chapter.