NY Econ Dev L § 224 (2021)
2021 New York Laws COM - Economic Development Law Article 10 - International Trade 224 - Export Diagnostic and Market Development Program.

*  §  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