reglab/statecodes huggingface dataset:
2023 New York Laws › COM - Economic Development Law › Article 5-A - New York State Tourist Promotion Act › 161 - Administration.

§ 161. Administration. In futherance of these purposes, the department
of economic development is hereby authorized and directed to:
(a)   Encourage,   facilitate   and   coordinate   the   planning  and
implementation of programs to advertise, stimulate, promote and increase
tourist travel, resort,  vacation,  culture  and  convention  activities
within the state and its regions with such flexibility as to bring about
as  effective  and  economical a tourist promotion plan as possible. The
department shall give a preference to any tourist promotion agency  that
is promoting the sport of cricket;
(b)  Establish  and  publish on an annual basis guidelines relative to
the use  of  funds  to  be  granted  hereunder.  Such  guidelines  shall
authorize  the  use  of  funds  for  the promotion of year round tourist
travel, resort, vacation, culture and convention activities;
(c) Accept or reject applications for matching  funds  for  recognized
advertising  programs  by  tourist  promotion  agencies  on the basis of
annually published guidelines;
(d) Authorize the payment of funds in accordance with this act and the
rules and regulations of the comptroller out of the  appropriation  made
pursuant hereto; and
(e) Do all things necessary, desirable and convenient to carry out its
powers, functions and duties hereunder.
2023 New York Laws › COM - Economic Development Law › Article 5-A - New York State Tourist Promotion Act › 162 - Definitions.

§  162.  Definitions. As used in this act, unless the context requires
otherwise:
(a) "tourist promotion agency" means any  not-for-profit  corporation,
or  other  nonprofit  organization, association or agency which shall be
designated by resolution of the county legislature  or  other  governing
body  of any county, or upon designation of the mayor of the city of New
York, as the agency authorized  to  make  application  for  and  receive
grants for the purposes specified in this act; and
(b) "recognized  advertising"  means media advertising and promotional
materials to be distributed in accordance with a plan  approved  by  the
commissioner.
(c) "Regional  advertising program" means the use of media advertising
and  promotion  materials  for  purposes  of  promoting  tourism  to  be
distributed  in  accordance with a plan approved by the commissioner and
developed by either:
(1) more than one county within a single department tourism region; or
(2) one or more counties and their contiguous states  and/or  Canadian
provinces,  provided that such county or counties must also participate,
to the extent required by guidelines established pursuant to subdivision
(e) of section one hundred sixty-four of this article,  in  an  approved
program under paragraph one or three of this subdivision; or
(3)  one  or  more counties in each of at least two department tourism
regions for the purposes of  promoting  interregional  tourism  stemming
from specific themes or characteristics shared by the department tourism
regions.
2023 New York Laws › COM - Economic Development Law › Article 5-A - New York State Tourist Promotion Act › 163 - Recognition of Tourist Promotion Agencies.

§  163.  Recognition  of tourist promotion agencies. The commissioner,
  upon investigation and receipt of certified copies of  such  resolutions
  as  may  be necessary to satisfy him that a tourist promotion agency has
  been duly designated to represent a particular county or counties or the
  city of New York, as set forth in section one hundred sixty-four of this
  article, shall recognize such tourist promotion agency as the sole  such
  agency  within  such county or counties or the city of New York. Any two
  or more counties may, by the procedures  herein  provided,  designate  a
  single  tourist  promotion agency to represent them for the promotion of
  tourism in their region and for the purposes of this act.
2023 New York Laws › COM - Economic Development Law › Article 5-A - New York State Tourist Promotion Act › 165 - Payment of Funds to Tourist Promotion Agencies.

§  165.  Payment  of  funds  to  tourist  promotion agencies. (a) Upon
submission and approval of each application  and  the  authorization  of
funds  by  the  commissioner  in  accordance therewith, the commissioner
shall give notice to the particular tourist  promotion  agency  of  such
approval and authorization, and shall direct such agency to proceed with
its  proposed advertising program as described in its application.  Upon
the furnishing of satisfactory  evidence  to  the  department  that  the
particular  tourist  promotion agency has encumbered funds in the amount
committed and approved by the commissioner,  the  state  matching  funds
allocated  to  such agency shall be paid from the funds appropriated for
such purpose pursuant to this act.  Any  state  funds  so  paid  may  be
expended  only on a matching basis and only within twelve months of such
payment unless an extension of time  has  been  applied  for  and,  upon
showing of good cause, granted by the commissioner.
(b)  No  advertising  or promotion funded for the purposes of this act
shall contain reference to or the name of any  public  official  of  the
state  of  New  York,  or  its political subdivisions.   Reference shall
include but  not  be  limited  to  photographs,  drawings,  caricatures,
quotations, invitations, signatures, endorsements or sound recordings.
(c)  Any  logotype, special printing characters, slogan or like device
developed by any advertising agency hired by the department and used  in
advertising  and  promotion  with funds appropriated for the purposes of
this act shall become the property of the state of New York and shall be
provided without  fee  to  any  tourist  promotion  agency  for  use  in
advertising  purchased  with funds appropriated for the purposes of this
act. This  section  shall  not  be  construed  as  license  for  tourist
promotion agencies to use in toto advertising developed by the agency or
agencies   under   contract   to   the   department.  It  shall  be  the
responsibility of the commissioner to determine those  constructs  which
must  be  present to maintain necessary continuity in central conceptual
themes in advertising purchased with funds provided for the purposes  of
this act.
2023 New York Laws › COM - Economic Development Law › Article 5-A - New York State Tourist Promotion Act › 166 - Reporting Requirements.

§  166.  Reporting  requirements.  (a)  In  accordance  with generally
accepted accounting  principles  each  tourism  promotion  agency  shall
furnish  an annual financial statement to the commissioner. Such reports
shall be submitted on or before January first of each year.
(b) The department shall annually, on or before March first, submit to
the governor, the temporary president of the senate and the  speaker  of
the  assembly, a report on the activities of the matching funds program.
Such report shall include a statement of the guidelines  promulgated  by
the  department  pursuant  to  section  one  hundred  sixty-one  of this
article,  a  summary  of  the  financial  statements  received  by   the
department  from  tourist  promotion  agencies,  a summary of activities
conducted  by  the  tourist  promotion  agencies  and  analyses  of  the
effectiveness  of  the  matching  funds  program  in stimulating tourist
promotion  and  recommendations  concerning  the  future   organization,
implementation and improvement of the matching funds program.
2023 New York Laws › COM - Economic Development Law › Article 5-B - New York State Tourism Advisory Council › 171 - Purpose of the Council.

§ 171. Purpose of the council. The purposes of the council shall be to
  advise  the  commissioner  concerning  tourism  and  to serve as liaison
  between the state's tourism-related industries and the commissioner with
  respect to the design and implementation of the state's tourism policies
  and programs.
2023 New York Laws › COM - Economic Development Law › Article 5-B - New York State Tourism Advisory Council › 172 - Powers of the Council.

§  172.  Powers  of  the council. The council shall have the following
  powers:
1. To identify and review tourism-related  issues  and  current  state
  policies  and  programs  which directly or indirectly affect tourism and
  travel in the state and, as appropriate, recommend the adoption of  new,
  or the modification of existing, policies and programs;
2.  To  advise  the  department  in  its  promotion and development of
  tourism and travel facilities and services in the state;
3. To advise the department in the development and  implementation  of
  the   state's   tourism  marketing  and  business  development  program,
  including long-range strategies for attracting tourists to the state;
4.  To  advise  the  department,  the  governor  and  the  legislature
  concerning  recommended  legislation necessary to foster and promote the
  prosperity, expansion and development of  tourism  and  travel  concerns
  within the state;
5.  To  advise  the  department,  the  governor  and  the  legislature
  concerning existing laws, rules,  regulations  and  practices  of  state
  agencies  which  are  counter-productive  or inimical to the prosperity,
  expansion and development of tourism  and  travel  concerns  within  the
  state;
6.  To  advise  the  department,  the  governor  and  the  legislature
  concerning  the  development  of  inter-governmental  cooperation  among
  agencies  of  the  federal,  state and local governments and cooperation
  between private industry and government so  as  to  assure  the  optimum
  development of tourism and travel concerns;
7. To assist the department in obtaining information necessary for the
  development  and  improvement  of  state policies and programs affecting
  tourism and travel industries in the state; and
8. To recommend ways of ensuring consumer protection for  visitors  to
  the state.
2023 New York Laws › COM - Economic Development Law › Article 5-C - Erie/barge Canal Development Program › 173 - Legislative Findings and Objectives.

§  173.  Legislative  findings  and objectives. The legislature hereby
  finds and declares that  the  promotion,  stimulation,  development  and
  expansion  of  tourism  and  tourism-related  recreational  and cultural
  activities involving the Erie/Barge canal are important to the  economic
  revitalization  and  development of counties and communities adjacent to
  the canal. The legislature further finds that a greater public awareness
  of the canal would encourage its increased  use  for  multiple  purposes
  thereby maximizing the state's investment in the canal and its operation
  and  maintenance. The legislature therefore determines that a program of
  state assistance to municipalities for the planning, implementation  and
  promotion   of  canal-related  tourism  activities  will  benefit  local
  economies by increasing employment and tax revenues and thereby  enhance
  the  well-being of counties and communities adjacent to the canal and of
  the people of the state.
2023 New York Laws › COM - Economic Development Law › Article 5-C - Erie/barge Canal Development Program › 174 - Definitions.

§  174.  Definitions.  As  used  in  this  article, unless the context
  otherwise requires: 1. "Erie/Barge canal" means  the  system  of  canals
  comprised  of  the Erie canal, the Champlain canal, the Oswego canal and
  the Cayuga-Seneca canal as defined in section two of the canal law.
2. "Canal-related tourism activities" means any activity,  program  or
  project that is primarily designed and intended to further, encourage or
  promote  tourism  or tourism-related recreational or cultural activities
  which feature the Erie/Barge canal. Such activities may include, but not
  be  limited  to,  marketing  of  the   canal   for   tourism   purposes;
  beautification  and  physical  improvement  projects  to  accommodate or
  attract tourists; tourism-related programs  and  events  such  as  canal
  festivals,  regattas,  boat  shows,  fishing  derbies,  and planning for
  tourism  development  of  the  canal;  and  business   development   and
  infrastructure projects which have direct impact on tourism potential of
  the Erie/Barge canal.
3. "Municipality"  means any village, town or city that is adjacent to
  the Erie/Barge canal.
4. "Department" means  the  New  York  state  department  of  economic
  development.
5. "Commissioner"  means  the  commissioner  of  the  New  York  state
  department of economic development.
6. "Board" means the Barge canal planning  and  development  board  as
  established in article thirteen-A of the canal law.
2023 New York Laws › COM - Economic Development Law › Article 5-C - Erie/barge Canal Development Program › 175 - General Functions, Powers and Duties of the Commissioner.

§  175.  General functions, powers and duties of the commissioner. The
  commissioner is hereby directed:  1.  To  establish  and  administer  an
  Erie/Barge  canal  challenge  grant  program  in  coordination  with the
  department  of  transportation,  pursuant   to   section   one   hundred
  seventy-six of this article, within amounts appropriated therefor;
2.  To  assist  municipalities, in coordination with the board, on the
  Erie/Barge canal plan canal-related activities for  tourism  development
  purposes;
3.   To   collect,   coordinate,   and   disseminate  information,  in
  coordination with the  board,  on  canal-related  activities  along  the
  entire canal that promote and encourage tourism development; and
4.  To  do all things necessary, desirable and convenient to carry out
  its powers, functions and duties.
2023 New York Laws › COM - Economic Development Law › Article 5-C - Erie/barge Canal Development Program › 177 - Reporting Requirements.

§  177.  Reporting requirements. 1. On or before October first of each
  year, grant recipients shall report to the  department  on  the  use  of
  grant  funds. The report shall include, where appropriate, total project
  or activity cost, or description of the activity or project, the  number
  of  persons  served,  an  outline  of  plans to continue the activity or
  project, whether such grants shall be required in future years, and  any
  other information that the commissioner may deem necessary.
2.  On  or  before  November  first of each year, the department shall
  report to the governor and the temporary president of the senate and the
  minority leader of the senate and the speaker of the  assembly  and  the
  minority  leader  of  the  assembly  of  its  findings,  conclusions and
  recommendations on the implementation of the provisions of this article.
2023 New York Laws › COM - Economic Development Law › Article 5-D - Agriculture Economic Development Program › 178 - Legislative Findings and Intent.

§  178.  Legislative  findings  and  intent. The legislature finds and
  determines:
1. that  the  state's  vast  agricultural  resources  and  significant
  agricultural  products  industries  play  a  key  role in the continuing
  economic growth and vitality of all regions of the state;
2. that significant untapped agricultural resources  present  economic
  development  opportunities  that  could promote growth thereby enhancing
  the well being of employers and employees in food processing, animal and
  plant fiber processing and other  related  agricultural  businesses,  as
  well  as  promoting  the economic well being of farm families throughout
  the state through job creation and job retention; and
3. that the state's agricultural interests will  be  enhanced  in  the
  event  opportunities  to  expand  the  market for agricultural crops and
  processed foods, and animal and plant  fiber  textile  products  can  be
  developed in the state, nation and internationally.
2023 New York Laws › COM - Economic Development Law › Article 5-D - Agriculture Economic Development Program › 179 - Definitions.

§ 179. Definitions. For the purposes of this article:
1.  "Program" shall mean the agricultural economic development program
  established pursuant to this article.
2. "Agricultural  resources  industry"  shall  mean  those  businesses
  involved  in  the  harvesting,  marketing, research, processing, storage
  and/or manufacturing  of  agricultural  products  or  provide  essential
  inputs for or services to such businesses and shall include job training
  and public information programs associated with such products.
2023 New York Laws › COM - Economic Development Law › Article 5-D - Agriculture Economic Development Program › 180-A - General Functions.

§  180-a.  General  functions. There is hereby created an agricultural
  economic development program, the purpose of which shall  be  to  target
  and promote:
1.  agricultural  resources  industry  development  in  ways which are
  economically sustainable and environmentally sound;
2. public awareness and understanding of the  economic,  cultural  and
  environmental importance of New York agriculture;
3.  the  development,  retention, diversification and expansion of the
  agricultural resources  industry  in  ways  that  will  enhance  related
  efforts  of  federal, state and local agencies, commissions, committees,
  associations, trade groups and manufacturers;
4. electronic and other information shared related to the  agriculture
  resources industry;
5.  the  development  of  financing  mechanisms for the establishment,
  retention, diversification and expansion of new and existing value added
  agricultural products for sale  in  local,  national  and  international
  markets;
6.  demonstration  projects which would improve business profitability
  in the marketing, processing, storage  or  manufacture  of  agricultural
  products;
7.  the  review  of  any  regulatory  barriers  which  may  impede the
  development, retention, diversification or expansion of the agricultural
  resources industry;
8. geographically balanced public input and  advice  from  individuals
  and   agencies   directly  involved  with  the  production,  processing,
  manufacturing and storage  of  agricultural  products;  and  such  other
  individuals and agencies as may be engaged in state and local activities
  in support of economic development in the agriculture resource industry;
9.  the  establishment  and  purposes of the New York state council on
  food policy established pursuant to subdivision six-a of section sixteen
  of the agriculture and markets law; and
10. all things necessary or convenient to  carry  out  the  functions,
  powers and duties expressly set forth in this article.
2023 New York Laws › COM - Economic Development Law › Article 5-D - Agriculture Economic Development Program › 181-A - Assistance of Other State Agencies.

§  181-a.  Assistance  of  other  state  agencies.  To  effectuate the
  purposes of this article, the commissioner  may  request  and  shall  be
  entitled  to  receive from any state agency, and the same are authorized
  to provide such assistance, service, facilities and data as will  enable
  the  program  to  carry out the functions, powers and duties provided by
  this article and such temporary or permanently assigned personnel as the
  director of the budget may approve.
2023 New York Laws › COM - Economic Development Law › Article 5-D - Agriculture Economic Development Program › 181-B - Functions, Powers and Duties of Other Departments and State Agencies.

§  181-b.  Functions, powers and duties of other departments and state
  agencies. Nothing contained in this article shall be deemed  to  detract
  in any way from the functions, powers or duties prescribed by law of any
  department  of  the  state  or  to  interrupt  or  preclude  the  direct
  relationship of any such  department  or  agency  with  other  agencies,
  individuals  or  corporations  for  the  carrying  out of its functions,
  powers and duties.
2023 New York Laws › COM - Economic Development Law › Article 5-E - Empire State Golf Trails Program › 181-C - Legislative Intent.

* §   181-c.   Legislative  intent.  The  legislature  recognizes  the
  importance of the sport of golf as an economic engine in  New  York.  As
  the  sport  of  golf  continues  to  become  more popular, golf vacation
  experiences will grow commensurately as tourist destinations.  A  recent
  study  by  the  National  Golf  Foundation  found  that  in  neighboring
  Pennsylvania, the golf industry generates 1.1 billion dollars in  direct
  economic  benefit  and  2.3  billion  dollars  in  direct  and  indirect
  benefits, making it one of the largest industries in Pennsylvania.  Golf
  enthusiasts  typically enjoy flexible incomes and spend at above average
  levels on golf vacations. New York state must act to capitalize on  this
  visitor  spending.  As  home  to  many premiere golf courses, as well as
  affordable courses, New York is in  an  excellent  position  to  attract
  travelers  seeking  a unique golf experience. The state must take on the
  responsibility of  making  New  York  an  attractive  and  user-friendly
  destination for all travelers seeking a golf experience.
* NB There are 2 § 181-c's
2023 New York Laws › COM - Economic Development Law › Article 5-E - Empire State Golf Trails Program › 181-D - Definitions.

* §  181-d.  Definitions.  As  used  in  this  article  the  following
  definitions shall apply:
1. "golf trail" shall mean a series of golf courses identified by  the
  commissioner,  which  may  be linked by geography, quality, price range,
  design and/or professional rating.
2. "golf passport" shall mean a booklet or other publication, which is
  specific to the golf courses or surrounding attractions on a golf trail,
  and may include discounts and other incentives related to  visiting  the
  golf courses and attractions on the golf trail.
* NB There are 2 § 181-d's
2023 New York Laws › COM - Economic Development Law › Article 5-E - Empire State Golf Trails Program › 181-E - General Functions, Powers and Duties of the Commissioner.

* §  181-e.  General functions, powers and duties of the commissioner.
  1.  The commissioner shall develop and implement an  "I  love  NY  golf"
  promotion   program.   The   commissioner,   in   conjunction  with  the
  commissioner of parks, recreation  and  historic  preservation  and  any
  local  government  official  or  entity, shall identify a series of golf
  courses to be part of a golf trail. No fewer than two golf trails should
  be identified for the purposes of  the  program,  and  the  commissioner
  shall  work  to  ensure  an  adequate  representation  of  golf  courses
  throughout New  York  state.  In  identifying  specific  courses  to  be
  included  on a golf trail, special consideration shall be given to those
  trails, which can be thematically linked by surrounding arts,  cultural,
  historical,  entertainment  or other tourism destinations or exhibits of
  interest to travelers.
2.  The  commissioner  shall  cause  to  be  developed  golf  vacation
  itineraries  based  on  specific  golf  trails, which shall identify for
  visitors  surrounding  attractions,  restaurants,  golf  supply   shops,
  lodging  and  other exhibits or places of entertainment as may be a part
  of the theme linking the golf courses on the golf trail.
3. The commissioner shall work to develop discount packages  for  such
  golf trails, which may include the development of a golf passport.
4.  Nothing  shall  preclude the commissioner from contracting with an
  independent vacation or travel package  company  to  help  develop  golf
  vacation packages along a golf trail.
* NB There are 2 § 181-e's
2023 New York Laws › COM - Economic Development Law › Article 5-E* - Empire State Brewery Trails Program › 181-C*2 - Legislative Intent.

* §   181-c. Legislative   intent.   The  legislature  recognizes  the
  importance of the beer brewery industry's economic impact in  New  York.
  The  history  of  breweries  in New York, especially rich in Buffalo, as
  well as the re-emergence of  breweries  and  the  recent  popularity  of
  micro-breweries  throughout  the  state  has the potential to add to the
  state's tourism trade and encourage such small businesses  to  flourish.
  It  is  calculated  that  breweries  directly  employ  two thousand four
  hundred  seventy-six  people,  and  support  sixteen  thousand   related
  positions.  The  industry  is  responsible  for nearly one hundred sixty
  million dollars in wages, and  through  direct  and  support  industries
  supplies  New York with six hundred fifteen million dollars in state and
  local  tax  revenue.  The   legislature   finds   that   breweries   and
  micro-breweries  currently  lack, but would sustain a tourism component.
  Having a tourism  function,  the  breweries  and  micro-breweries  might
  expand  their  business  to  support  increased tours and demand, likely
  enhancing  their  already  significant  economic  contribution.  It   is
  therefore the intent of this legislature to have created a program which
  will  systematically identify breweries for the inclusion into a brewery
  trail. It is further the intent of the legislature that these trails  be
  linked  thematically,  and  be  construed so as to be easily traveled by
  tourists  and  enthusiasts.  The  legislature  seeks  the  creation   of
  itineraries  to  aid  travelers  along  brewery  trails, which also link
  together other attractions and venues along  such  trails  in  order  to
  entice  visitors with a simple and efficient travel plan.  Further it is
  the intent of this legislature to see that these trails  are  adequately
  signed so that travelers may independently follow the trail with ease.
* NB There are 2 § 181-c's
2023 New York Laws › COM - Economic Development Law › Article 5-E* - Empire State Brewery Trails Program › 181-D*2 - Definitions.

* §   181-d. Definitions.  As  used  in  this  article  the  following
  definitions shall apply:
1. "brewery trail" shall mean a series of breweries or micro-breweries
  identified by the  commissioner,  which  may  be  linked  by  geographic
  proximity  and  alignment, thematic consistency, historical consistency,
  brewing process and/or resulting product.
2. "brewery passport" shall mean a booklet or other publication, which
  is specific to the  beer  breweries  or  surrounding  attractions  on  a
  brewery trail, and may include discounts and other incentives related to
  visiting the breweries and attractions on the brewery trail.
* NB There are 2 § 181-d's
2023 New York Laws › COM - Economic Development Law › Article 5-F - Senior Tourism Attractions Program › 181-F - Definitions.

§  181-f.  Definitions. For the purposes of this article the following
  terms shall have the following meanings:
1. "Senior" shall mean persons of at least sixty years or older;
2. "Senior tourism attraction" shall  mean  a  tourism  attraction  as
  identified  by a participatory organization that specifies opportunities
  for seniors.
2023 New York Laws › COM - Economic Development Law › Article 5-F - Senior Tourism Attractions Program › 181-G - Senior Tourism Attractions Program.

§  181-g.  Senior tourism attractions program. 1. The commissioner, in
  conjunction  with  all  relevant  departments  and   agencies,   tourism
  promotion  agencies, and the director of the office for the aging and in
  consultation with applicable local government officials,  shall  develop
  and  implement  a senior tourism attractions program. Such program shall
  include the opportunity to  incorporate  information  for  visitors  and
  senior   attractions  in  each  of  the  state's  vacation  regions.  In
  identifying  specific  attractions  to  be  included  in  the   program,
  consideration  shall  be  given  to  attractions  that  can be linked to
  surrounding   artistic,   cultural,   historical,   and    entertainment
  attractions or other tourism attractions.
2.  The senior tourism attractions program shall identify for visitors
  of senior friendly attractions the surrounding attractions, restaurants,
  lodging and other exhibits or places of entertainment.
3. Information about the senior tourism attractions shall be  publicly
  available  and  posted  on the websites of the department, the office of
  parks, recreation and historic preservation,  and  the  office  for  the
  aging.
2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 182 - The New York State Economic Development Power Allocation Board.

§ 182. The New York state economic development power allocation board.
  There  is  hereby  created  a  New York state economic development power
  allocation board, which shall  possess  the  powers  and  duties  herein
  specified  and  all  the  powers  necessary  or  proper to carry out the
  purposes of this article. The board shall consist of four  members,  two
  of  whom  shall  be  appointed  by the governor and one of whom shall be
  appointed by the speaker of the  assembly  and  one  of  whom  shall  be
  appointed  by the president pro tempore of the senate. Each member shall
  be appointed for terms of three years or until a  successor  shall  have
  been  named  and  qualified.  The  chairman  shall  be designated by the
  governor from amongst the members.  Three  members  shall  constitute  a
  quorum  for  the  purposes  of  organizing  the board and conducting the
  business thereof; and no actions of the board may be taken  except  upon
  the affirmative vote of at least three members. Videoconferencing may be
  used  for  attendance  and  participation  by  members  of the board. If
  videoconferencing is used the board shall provide an opportunity for the
  public to attend, listen and observe at  any  site  at  which  a  member
  participates.  The public notice for the meeting shall inform the public
  that vidioconferencing will be used,  identify  the  locations  for  the
  meeting,  and  state that the public has the right to attend the meeting
  at any of the locations. Members of the  board,  except  those  who  are
  employees  or  officers  of the state, its authorities or agencies shall
  not receive a salary or other compensation, but  shall  be  allowed  the
  necessary  and  actual  expenses  incurred  in the performance of duties
  under this article.
2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 183 - General Powers and Duties of the Board.

§  183.  General powers and duties of the board. In furtherance of the
purposes set forth in this article, the board shall have  the  following
powers:
(a)  To  adopt,  within  one  hundred  twenty  days after appointment,
eligibility  criteria  and  rules  and  regulations  relating   to   the
activities of the board.
(b)  To  evaluate applications for allocations of economic development
power  and  to  make  recommendations  with  respect  to  such  proposed
allocations.
(c)  To  evaluate economic development plans for the use of industrial
incentive awards submitted by the power authority of the  state  of  New
York pursuant to this article.
(d) To provide advice and assistance when appropriate to applicants on
state  economic  development  programs  and  services in addition to the
economic development power and industrial incentive awards  specifically
provided for in this section.
The  department,  the  power  authority  of the state of New York, the
urban  development  corporation,   and   all   other   state   officers,
departments,   boards,  divisions  and  commissions  shall  render  such
services to the board  within  their  respective  functions  as  may  be
requested by the board.
The board shall solicit applications for economic development power by
public   notice.   Such  notice  shall  be  in  the  form  of  newspaper
advertisements, press releases, and by such other  means  as  the  board
finds appropriate.
2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 184 - Criteria for Eligibility for Economic Development Power.

§  184.  Criteria for eligibility for economic development power. Each
application for an allocation of economic  development  power  shall  be
evaluated  under  criteria  adopted  by  the  board. Such criteria shall
address, but need not be limited to:
(a) the number of  new  jobs  created  as  a  result  of  an  economic
development power allocation;
(b)  the  applicant's  long-term  commitment  to  New  York  state, as
evidenced by the applicant's current and/or planned  capital  investment
in business facilities in New York state;
(c)  the  ratio  of  the number of jobs to be created to the amount of
economic development power requested by the applicant;
(d) the types of jobs created, as measured by wage and benefit levels,
security and stability of employment;
(e) the type and cost of buildings, equipment  and  facilities  to  be
constructed, enlarged or installed;
(f)  the  extent  to  which economic development power will affect the
overall productivity or competitiveness of the applicant's business  and
its existing employment within the state;
(g)  the  extent  to which an allocation of economic development power
may result in a competitive disadvantage for  other  businesses  in  the
state;
(h)  the general economic conditions and economic distress in the area
in which the applicant's business facility  would  be  located  and  the
extent  to  which  economic  development  power  could contribute to the
alleviation of such distress;
(i) the growth potential of the business facility and the contribution
of economic strength to the area in which the business  facility  is  or
would be located;
(j)  the  extent of the applicant's willingness to make jobs available
to persons defined as  eligible  for  services  under  the  federal  job
training  partnership  act of nineteen hundred eighty-two and the extent
of the applicant's willingness to satisfy affirmative action goals;
(k) the extent to which an allocation of economic development power is
consistent  with  state,  regional  and   local   economic   development
strategies  and priorities and supported by local units of government in
the area in which the business is located; and
(l) the impact of  the  allocation  on  the  operation  of  any  other
facilities  of  the applicant, on other businesses within the state, and
upon other electric ratepayers.
2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 185 - Revitalization Programs.

§  185. Revitalization programs. In addition to the criteria described
in section one hundred  eighty-four  of  this  article  and  such  other
criteria  as  the  board  may  by rule or regulation define, an economic
development power allocation may be  made  to  a  business  in  serious,
long-term  distress  that  is not primarily caused by normal, short-term
changes in the business cycle, when the applicant  demonstrates  to  the
satisfaction of the board:
(a)   that   the   applicant  has  formulated  and  will  implement  a
comprehensive business revitalization plan which  is  described  in  its
application, and which:
(1)  contains  a  detailed  strategy  for  actions  to be taken by the
applicant to continue as  a  successful  business,  including,  but  not
limited   to,  productivity  and  efficiency  improvements,  changes  in
operations, financing or  management,  measures  to  enhance  labor  and
management  cooperation and to improve the skills and performance of the
work force at all levels, capital investment in new equipment and  plant
modernization,  development  of new markets and products, and such other
actions as will  enable  the  business  to  stabilize  and  sustain  its
operations;
(2) has been endorsed by the board of directors; and
(3)  establishes  a  verifiable  schedule  for  completion of proposed
actions;
(b)  that  an  allocation   of   economic   development   power   will
significantly contribute to the revitalization plan;
(c)  that the business is likely to close, partially close or relocate
out of state resulting in the loss of substantial numbers of jobs;
(d) that the business is an important employer in  the  community  and
efforts  to  revitalize  the  business are in the long-term interests of
both employees and the community;
(e) that a reasonable prospect exists that the proposed revitalization
plan  will  enable  the  business  to  remain  competitive  and   become
profitable and preserve jobs for a substantial period of time;
(f)  that  the  applicant  demonstrates  cooperation  with  the  local
electricity distributor and other available  sources  of  assistance  to
reduce   energy   costs  to  the  maximum  extent  practicable,  through
conservation and load management; and
(g) that the allocation will not unduly affect the  cost  of  electric
service to customers of the local electricity distributor.
2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 186 - Transfers of Economic Development Power.

§  186.  Transfers  of  economic development power. The transfer of an
  economic development power allocation between facilities of a  recipient
  shall  be  prohibited  unless  specifically  approved  by  the  board as
  consistent with the criteria and requirements in  sections  one  hundred
  eighty-four,  one hundred eighty-five and subdivision (g) of section one
  hundred eighty-seven of this article as may be applicable. Any  transfer
  which  occurs  without  the  board's  approval shall be invalid and such
  transfer may subject the recipient to revocation of its  allocation  and
  modification or revocation of its contract.
2023 New York Laws › COM - Economic Development Law › Article 6 - New York State Economic Development Power Allocation Board › 188 - Industrial Incentive Awards.

§  188.  Industrial incentive awards. The power authority of the state
  of New York shall submit to the board its economic development plan  for
  the   use  of  industrial  incentive  awards  for  economic  development
  purposes. The board shall review the proposed  plan  and  shall  approve
  such  plan,  in  whole or in part, upon its determination that such plan
  and its implementation is consistent with the criteria and  requirements
  provided  for  in  sections  one  hundred  eighty-four  and  one hundred
  eighty-five of this article and such other criteria as the board may, by
  rule and regulation, provide with respect to  the  plan  and  industrial
  incentive awards.
2023 New York Laws › COM - Economic Development Law › Article 6-A - Western New York Power Proceeds Allocation Act › 189-B - The Western New York Power Proceeds Allocation Board.

§  189-b.  The  western  New  York power proceeds allocation board. 1.
  There is hereby created the western New York power  proceeds  allocation
  board,  which  shall possess the powers and duties herein specified. The
  board shall consist of five  members  who  shall  be  appointed  by  the
  governor   as   follows:  one  of  whom  shall  be  appointed  upon  the
  recommendation of the temporary president of the senate and shall reside
  within the thirty mile radius of the Niagara power project, one of  whom
  shall  be  appointed  upon  the  recommendation  of  the  speaker of the
  assembly and shall reside within the thirty mile radius of  the  Niagara
  power  project, and at least one additional member who shall also reside
  within the thirty mile radius of the Niagara power project. The governor
  shall designate a chair from amongst the board's members.
2. Each member shall serve a term of five years or until  a  successor
  shall  have  been  named  and  qualified.  Members may be reappointed to
  successive terms.
3. Notwithstanding any other provision of law to the  contrary,  three
  members  shall  constitute  a  quorum for the purposes of organizing the
  board and conducting the business thereof. No action of the board may be
  taken except upon an affirmative vote of at least  three-fifths  of  the
  full board membership at any meeting at which at least three members are
  present  or participating by videoconferencing. Videoconferencing may be
  used for attendance and  participation  by  members  of  the  board.  If
  videoconferencing  is  used,  the board shall provide an opportunity for
  the public to attend, listen and observe at any site at which  a  member
  participates.  The  public  notice  for  the  meeting shall identify, if
  practicable, all locations  where  a  member  will  participate  in  the
  meeting by videoconference and shall state that the public has the right
  to attend the meeting at any such location.
4.  Members  of the board, except those that are employees or officers
  of the state, its authorities or agencies, shall not receive a salary or
  other compensation, but  shall  be  allowed  the  necessary  and  actual
  expenses incurred in the performance of duties under this article.
2023 New York Laws › COM - Economic Development Law › Article 7 - Industrial Effectiveness Program › 190 - Definitions.

§  190.  Definitions.  As  used  in  this  article, unless a different
  meaning appears from the context, the following words  and  terms  shall
  have the following meanings:
1. "Feasibility  study"  shall mean an investigation and evaluation of
  the viability of an  industrial  firm  or  group  of  industrial  firms,
  including  those for which local buyout assistance has been requested. A
  feasibility study shall include, but not be limited to, an assessment of
  the potential profitability  and  prospects  for  job  preservation  and
  future  job growth; the condition, stability and growth potential of the
  industry in domestic and international markets; the financial condition;
  essential changes and productivity improvements needed to remain viable;
  the quality of management and its ability to innovate and change;  labor
  and  management  relations; workforce skills and training needs; whether
  adequate time exists to effectuate a local buyout or revitalize a  firm;
  relations with suppliers and customers; and cooperation of the sellers.
2. "Industrial  firm"  shall  mean  a manufacturing firm involved with
  extracting, smelting, recovering,  developing,  preparing,  compounding,
  converting,  assembling  or  producing  in  any  manner,  minerals,  raw
  materials, products or substances of  any  kind  or  nature,  and  shall
  include   facilities   related   thereto  for  storage,  warehousing  or
  distribution, for research and development or for the discovery of  new,
  and the refinement of known, substances, processes, and products.
3. "Local buyout" shall mean the transfer of the ownership and control
  of  a  viable industrial firm to its employees, or managers, or to other
  investors resident in New York state, where such transfer will create or
  retain substantial numbers of private  sector  jobs  by  preventing  the
  closing,   partial   closing,  or  the  relocation  out-of-state  of  an
  industrial firm.
4. "Medium-sized industrial firm" shall mean an industrial  firm  that
  employs  less  than five hundred persons within the state on a full-time
  basis.
5. "Productivity assessment" shall mean an evaluation of the  existing
  and  potential  productivity  and profitability of an industrial firm or
  group  of  industrial  firms  and   recommendations   for   productivity
  improvements,  including,  but  not  limited  to,  analysis of products,
  market position, financial condition,  ownership  structure,  production
  processes, labor/management relations, worker skills and training needs,
  plant and equipment, and business strategy.
6. "Small-sized  industrial  firm"  shall mean an industrial firm that
  employs one hundred or less persons within  the  state  on  a  full-time
  basis.
2023 New York Laws › COM - Economic Development Law › Article 7 - Industrial Effectiveness Program › 191 - Establishment and Purposes.

§  191.  Establishment  and  purposes.  1.  The commissioner is hereby
authorized and directed to establish an industrial effectiveness program
within the department for the purposes specified in  this  section.  The
commissioner  shall appoint such employees as are necessary to carry out
the provisions  of  this  article,  including  professional  staff  with
demonstrated expertise in private industrial management and operations.
2. The purposes of the industrial effectiveness program shall be:
(a)  to  assist  industrial  firms  with  the introduction of improved
management and labor practices and  production  processes  in  order  to
enhance their productivity and competitiveness;
(b)  to aid in the development of new markets and ownership structures
in order to improve the long-term viability of industrial firms;
(c) to identify and assist industrial firms that are, or are likely to
be, in severe financial difficulty;
(d) to develop strategies for mobilizing state and community resources
to  respond  to  the  needs  of  distressed  industrial  firms  and   to
manufacturing plant closings and partial closings; and
(e)  to  assist  industrial firms in obtaining financing from publicly
sponsored  financing  assistance  programs  and  from  private   lending
institutions.
2023 New York Laws › COM - Economic Development Law › Article 7 - Industrial Effectiveness Program › 193 - Rules and Regulations.

§  193. Rules and regulations. The commissioner shall promulgate rules
  and regulations  for  the  operation  of  the  industrial  effectiveness
  program, which shall include:
1.  the  criteria  to be used in determining industrial firms eligible
  for assistance and the nature and  extent  of  commitments  required  of
  owners or managers of assisted firms;
2.  the  procedures and criteria to be used in selecting and retaining
  experts to be used in diagnosing problems of specific  industrial  firms
  and in undertaking productivity assessments and feasibility studies; and
3.  the  fees  to  be  charged  for  assistance  provided to groups of
  industrial firms or individual firms.
2023 New York Laws › COM - Economic Development Law › Article 7 - Industrial Effectiveness Program › 194 - Exemption From Disclosure Requirements.

§  194.  Exemption from disclosure requirements. To the fullest extent
  permitted under subdivision two of section eighty-seven  of  the  public
  officers   law,  all  information  regarding  the  financial  condition,
  marketing plans, manufacturing processes, production costs, productivity
  rates,  customer  lists,  or  other  trade   secrets   and   proprietary
  information  of  a  person  or  entity  requesting  assistance  from the
  department,  which  is  submitted  by  such  person  or  entity  to  the
  department  in  connection  with an application for assistance or with a
  productivity assessment or feasibility study, shall be confidential  and
  exempt from public disclosure.