reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 22 - Productivity Assessments › Section 22.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The firm or
				group of firms shall complete an application, or a short-form application in
				the case of a preliminary productivity assessment or a limited productivity
				assessment involving short-term management consulting services, which shall
				include, but not be limited to, a description of the firm or group of firms,
				the competitive situation, financial circumstances, assistance requested,
				costs, cost-sharing arrangements, confidentiality requests, proposed use of
				experts and method of selection, evidence of support and participation of the
				labor force in the study, reporting requirements, and such other information as
				the department shall deem appropriate.
(b) Upon review and approval of the
				application by the department, or UDC upon approval of the commissioner, a
				written agreement shall be executed with the firm or group of firms.
(c) Services will be performed by the
				department or by an expert or experts retained or supervised by the
				department.
(d) The department and
				the firm shall review the draft findings and recommendations prior to
				submission of the final productivity assessment to ensure that it adequately
				addresses the issues in the scope of services. A final productivity assessment
				will be submitted to the department and the firm or group of firms.
(e) If the department determines, based upon
				recommendations in a full productivity assessment, that further assistance is
				warranted, it may amend the agreement with the firm or group of firms to
				provide for additional services in preparing an adjustment plan and in
				planning, designing and introducing remedial measures to improve productivity
				and competitiveness.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the eligibility
				  requirements, terms and procedures to receive specialized industrial
				  effectiveness financing assistance under the program for local buy outs, and
				  working capital loans for productivity improvements, and to implement corporate
				  restructuring or turnaround plans. The program seeks to preserve and create
				  permanent private sector jobs by encouraging New York manufacturing firms and
				  industrial sectors to undertake productivity and other improvements to remain
				  profitable and viable, and by assisting local buy outs of industrial firms by
				  employees, managers and other residents of the State.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.2 - Local buy-out financing assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				The UDC, in cooperation with the department, may provide assistance to
				qualified firms for local buy outs through project loans to fill the financing
				gap between the equity contribution of the purchaser, secured debt financing
				provided by other sources, any financial participation by the seller, and the
				selling price of the firm.
(b) A
				local buy out must involve transfer of ownership and control of a viable
				industrial firm to employees, managers or other investors resident in the
				State.
(c) Only local buy outs
				which will create or retain substantial numbers of jobs by preventing a
				closing, partial closing or relocation out-of-state of an industrial firm will
				be eligible for loans.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.3 - Criteria for local buy-out financial assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The UDC is required to make industrial
				effectiveness project findings under the UDC Act. Assistance will be predicated
				upon the ability of the UDC to make the following findings:
(1) that a feasibility study or productivity
				assessment exists demonstrating the potential for future profitability of the
				firm requesting financial assistance, and such study or assessment has been
				reviewed and approved by the Commissioner of Economic Development;
(2) that for loans to implement a corporate
				restructuring or turnaround plan, the management of the industrial firm
				requesting assistance is capable and the firm has a sound business development
				plan that includes measures to ensure labor and management cooperation and to
				effect changes required to continue as a successful business;
(3) that the requested financial assistance
				is not available from other public or private financing sources;
(4) that the area in which the project is to
				be located is a substandard or insanitary area, or is in danger of becoming a
				substandard or insanitary area, wherein there exists a condition of substantial
				and persistent unemployment or underemployment; and
(5) that there is a feasible method for the
				relocation of families and individuals displaced from the project area into
				decent, safe and sanitary dwellings, which are or will be provided in the
				project area or in other areas not generally less desirable in regard to public
				utilities and public and commercial facilities, at rents or prices within the
				financial needs of such families or individuals and reasonably accessible to
				their places of employment.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.4 - Terms of local buy-out loans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
				project loan shall not exceed $1 million.
(b) A project loan shall not exceed up to 10
				percent of the cost of the local buy out or the amount of the purchaser's
				equity contribution, whichever amount is less.
(c) Loans shall be made only to fill a
				financing gap between the equity contribution of the purchaser, secured debt
				financing provided by other sources, any financial participation by the seller,
				and the selling price of the company.
(d) Such loans shall be secured, but the
				security interest may be subordinate to the security interest on any other
				private or public financial assistance provided to the purchaser.
(e) The term of the loan shall be of the
				shortest duration consistent with the needs of the business, but not exceeding
				20 years.
(f) The interest rate of
				a loan shall be determined by the UDC, and the UDC may accept warrants in
				addition to any interest charges.
(g) Standard repayment terms will include
				level debt service payments over the term of the project loan. In certain
				circumstances deferred or graduated payments may be permitted, provided that
				the project loan be fully amortized over the remainder of the loan
				term.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.5 - Procedure for local buy-out assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application forms shall be developed by
				the UDC and the department.
(b) An
				industrial firm shall submit an application for a local buy-out loan to the UDC
				and the department, which may include, but need not be limited to, the
				following:
(1) a feasibility study and
				business development and financing plan;
(2) information about the proposed project's
				total project cost, total assistance requested, use of loan funds, other
				proposed sources of funding, and the number of jobs to be preserved or
				created;
(3) a complete set of
				financial statements and a list of proposed collateral, with
				appraisals;
(4) a description of
				the need for the requested funds and of the expected economic development
				impact of the loan;
(5) in the case
				of a transfer to employees, information about the extent of support by
				employees and labor unions which represent employees of the firm;
(6) a letter from the present owners, or
				those otherwise authorized to act on behalf of the business, indicating
				agreement to sell the business or otherwise transfer ownership at the specified
				price;
(7) commitments of financing
				from all other sources;
(8)
				evidence that adequate private and/or public financing is not available at
				affordable rates or terms to fill the financial gap;
(9) estimates of the total number of jobs to
				be created or retained immediately and after a three-year time period
				immediately following the receipt of the loan; and
(10) such other information as the UDC and
				the department shall require.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.6 - Working capital loans to improve productivity and competitiveness

Current through Register Vol. 46, No. 28, July 10, 2024
The UDC, in cooperation with the department, may provide
				  working capital loans to encourage the introduction of new production
				  processes, the expansion or diversification of product lines or expansion into
				  new markets by qualified industrial firms with non-competitive product lines or
				  outmoded production operations. For new production process and product
				  expansion or diversification, loans shall be available for commercial
				  development of a process or product line which has advanced beyond the research
				  and development stage and is readily capable of being, or has been, reduced to
				  practice.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.7 - Criteria for working capital loans to improve productivity and competitiveness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				UDC is required to make industrial effectiveness project findings under the UDC
				Act. Assistance will be predicated upon the ability of the UDC to make the
				following findings:
(1) that a feasibility
				study or productivity assessment exists demonstrating the potential for future
				profitability of the firm requesting financial assistance and such study or
				assessment has been reviewed and approved by the Commissioner of Economic
				Development;
(2) that for loans to
				implement a corporate restructuring or turnaround plan, the management of the
				industrial firm requesting assistance is capable and the firm has a sound
				business development plan that includes measures to ensure labor and management
				cooperation and to effect changes required to continue as a successful
				business;
(3) that the requested
				financial assistance is not available from other public or private financing
				sources;
(4) that the area in which
				the project is to be located is a substandard or insanitary area, or is in
				danger of becoming a substandard or insanitary area, wherein there exists a
				condition of substantial and persistent unemployment or underemployment;
				and
(5) that there is a feasible
				method for the relocation of families and individuals displaced from the
				project area into decent, safe and sanitary dwellings, which are or will be
				provided in the project area or in other areas not generally less desirable in
				regard to public utilities and public and commercial facilities, at rents or
				prices within the financial needs of such families or individuals and
				reasonably accessible to their places of employment.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.8 - Terms for working capital loans to improve productivity and competitiveness

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A project loan
				may not exceed $250,000 or 50 percent of the total project cost, whichever
				amount is less.
(b) The loan term
				shall not exceed three years.
(c)
				The UDC shall charge such interest rate as is necessary to make the project
				feasible.
(d) Preference shall be
				given to loans that are secured by fixed assets; however, security interests
				may be subordinate to the security interest on any other public or private
				financial assistance provided to the firm.
(e) The UDC may also defer payment of
				interest and/or principal on a loan based on a demonstration that deferral is
				necessary for the success of a working capital loan to improve productivity and
				competitiveness and that the firm will be able to handle the level of repayment
				when loan payments are resumed.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.9 - Procedures for working capital loans to improve productivity and competitiveness

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Application forms shall be developed by the UDC and the department.
(b) An industrial firm shall submit an
				application for a working capital loan to the UDC and the department, which may
				include, but need not be limited to, the following:
(1) the financial history and condition of
				the firm and projections based on certified financial statements;
(2) the nature of the proposed new process or
				product, marketing initiative, statement of commercial feasibility, and
				estimated timetable for project completion;
(3) how the working capital loan will be used
				in conjunction with the proposed activity;
(4) the present and potential markets for the
				proposed new product or process, and identification of competing products or
				processes serving the same markets;
(5) how the potential new product or
				production process or marketing initiative will stimulate new business and its
				impact on the existing work force;
(6) how the project fits into the firm's
				overall plan for enhancing competitiveness, and actions the firm is taking or
				intends to take in other areas to improve productivity;
(7) the economic benefit of the proposed
				project for which financing is requested in terms of jobs created or preserved
				or other significant economic impact;
(8) commitments of financing for the project
				from all other sources;
(9) efforts
				to obtain the requested financing from other public and private sources or from
				internal resources; and
(10) such
				other information as the UDC and the department shall require.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.10 - Working capital loans for corporate restructuring or corporate turnaround plans

Current through Register Vol. 46, No. 28, July 10, 2024
The UDC, in cooperation with the department, may provide
				  flexible working capital project loans to implement a corporate restructuring
				  or turnaround plan for qualified industrial firms with the potential for future
				  profitability that face the likelihood of a closing, partial closing or
				  relocation out-of-state and the loss of a substantial number of jobs. Such
				  loans shall be made only to supplement other public and private financing where
				  all of the financial aid needed by a firm for a corporate restructuring or
				  turnaround plan is not available from other sources, and where a UDC loan is
				  needed to implement a specific action called for by the firm's restructuring or
				  turnaround plan or to meet immediate working capital needs of the firm to
				  continue operations while the restructuring or turnaround is being
				  effected.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.11 - Criteria for working capital loans for corporate restructuring or corporate turnaround plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The UDC is
				required to make industrial effectiveness project findings under the UDC Act.
				Assistance will be predicated upon the ability of the UDC to make the following
				findings:
(1) that a feasibility study or
				productivity assessment exists demonstrating the potential for future
				profitability of the firm requesting financial assistance, and such study or
				assessment has been reviewed and approved by the Commissioner of Economic
				Development;
(2) that for loans to
				implement a corporate restructuring or turnaround plan, the management of the
				industrial firm requesting assistance is capable and the firm has a sound
				business development plan that includes measures to ensure labor and management
				cooperation and to effect changes required to continue as a successful
				business;
(3) that the requested
				financial assistance is not available from other public or private financing
				sources;
(4) that the area in which
				the project is to be located is a substandard or insanitary area, or is in
				danger of becoming a substandard or insanitary area, wherein there exists a
				condition of substantial and persistent unemployment or
				underemployment;
(5) that there is
				a feasible method for the relocation of families and individuals displaced from
				the project area into decent, safe and sanitary dwellings, which are or will be
				provided in the project area or in other areas not generally less desirable in
				regard to public utilities and public and commercial facilities, at rents or
				prices within the financial needs of such families or individuals and
				reasonably accessible to their places of employment.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.12 - Terms for working capital loans for corporate restructuring or corporate turnaround plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The project
				loan may not exceed $400,000 or 50 percent of project cost, whichever amount is
				less. The 50 percent of the working capital requirement not provided by UDC
				must come from outside sources.
(b)
				The loan term shall not exceed three years.
(c) The UDC shall charge interest rates based
				on needs of the particular project as it determines.
(d) Preference shall be given to loans
				secured by fixed assets; however, security interests may be subordinate to the
				security interests of any other private or public financial assistance provided
				to the firm.
(e) The UDC may also
				defer payment of interest and/or principal on a loan based on a demonstration
				that deferral is necessary for the success of a working capital loan to improve
				productivity and competitiveness, and that the firm will be able to handle the
				level of repayment when loan payments are resumed.
(f) Relocation out-of-state by the firm while
				the loan is outstanding shall require immediate repayment of the full amount of
				the loan.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 23 - Specialized Industrial Effectiveness Financial Assistance › Section 23.13 - Procedures for working capital loans for corporate restructuring or corporate turnaround plans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Application
				forms shall be developed by the UDC and the department.
(b) An industrial firm shall submit an
				application for a working capital loan to the UDC and the department, and
				attach copies of its feasibility study and business development and financing
				plan detailing the firm's restructuring or turnaround plan. Such application
				may include, but need not be limited to, the following:
(1) how the working capital loan is essential
				for, and will be used in connection with, the corporate restructuring or
				turnaround plan;
(2) sources of
				other financing required for the plan, and nature and extent of commitments for
				such financing;
(3) efforts to
				obtain the financing requested from other public and private sources or from
				internal resources; and
(4) the
				economic benefit of the corporate restructuring or turnaround in terms of
				employment preserved and impact on the community.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 24 - Selecting Experts › Section 24.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the procedures and
				  criteria to be used in selecting and retaining experts to diagnose competitive
				  problems of specific industrial firms or groups of firms, to recommend remedial
				  measures, and to perform other industrial effectiveness assistance under the
				  program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 24 - Selecting Experts › Section 24.2 - Identification of qualified experts

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				From time to time, and no less than annually, the department shall undertake
				efforts to identify consultants, including minority-group members and women,
				qualified to provide expert services under the program. Such efforts shall
				include, but not be limited to:
(1)
				advertising in print media; and
(2)
				written solicitations of individuals, firms, professional associations and
				agencies that provide, or have access to, industrial effectiveness
				expertise.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 24 - Selecting Experts › Section 24.3 - Procedures and criteria for selecting and retaining experts

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department, or other State entity
				pursuant to agreement with the department, shall solicit and retain experts
				pursuant to contracting procedures applicable to the department or to such
				other State entity. Any agreement between the department and an expert selected
				shall include, among other provisions, an affirmation by the firm to be served
				regarding the approval of the expert, the scope of the services and terms of
				the firm's participation.
(b) In
				circumstances where the department or other State entity does not retain the
				expert, industrial firms assisted may select and retain experts consistent with
				guidelines established by the commissioner governing competitive bidding
				requirements, sole source contracts, and justifi cation for selection, as will
				best promote the public interest, taking into consideration the reliability of
				the expert, the expert's understanding of the scope of work, the nature of the
				services to be supplied, the conformity of the proposal with the solicitation,
				the experience and expertise of the principals, the costs, and the time
				required to perform.
(1) As a condition of
				State assistance, an expert selected by a firm shall be approved by the
				department based upon a written explanation by the firm of the selection
				process, justification for consultant selected, the scope of work, rate of
				payment and completion schedule, and a certification that no potential conflict
				of interest exists between the firm and the expert.
(2) The contract between the firm and the
				expert shall provide for supervision of consultant services by the department
				and for termination of State acceptance in the event that the expert does not
				fulfill its contractual obligations to the firm.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 25 - Fees › Section 25.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the fees to be
				  charged for assistance provided under the program to industrial firms or to
				  groups of industrial firms, and the nature and extent of financial commitments
				  required of owners or managers of assisted firms.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 25 - Fees › Section 25.2 - Application fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				shall charge a fee of $100 for applications for full feasibility studies, full
				productivity assessments, limited problem-specific productivity assessments,
				and for specialized industrial effectiveness financial assistance.
(b) The department shall not charge
				application fees for preliminary feasibility studies, preliminary productivity
				assessments, or for limited productivity assessments involving short- term
				management consulting services.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 25 - Fees › Section 25.3 - Cost-sharing requirements for technical assistance services

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The department
				shall require an industrial firm or group of industrial firms, or purchasing
				group in the case of a local buy out, to cost-share industrial effectiveness
				technical assistance as follows:
(1) for
				preliminary feasibility studies and preliminary productivity assessments, the
				firm or group shall pay at least 25 percent of the total cost in cash or
				through in-kind services according to a schedule established by the
				department;
(2) for full
				feasibility studies and full or limited productivity assessments, other than
				short- term management consulting services, the firm or group shall pay at
				least 50 percent of the total cost in cash or through in-kind services
				according to a schedule established by the department; and
(3) for limited productivity assessments
				involving short-term management consulting services, the firm or group shall
				pay at least 50 percent of the total cost in cash.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter III - Industrial Effectiveness Program › Part 25 - Fees › Section 25.4 - Administrative fee

Current through Register Vol. 46, No. 28, July 10, 2024
The UDC shall assess an administrative fee of up to 1.5
				  percent of the project loan payable by the borrower at closing. The UDC may
				  allocate the administrative fee to cover the project-related expenses it deems
				  appropriate. In addition, the borrower will be obligated to pay for all
				  expenses related to the project loan, including but not limited to expenses,
				  expenses related to appraisals, surveys, title insurance and other requirements
				  deemed appropriate by the UDC.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the application
				  process, evaluation criteria and administration procedures for financial
				  assistance under the Economic Development Skills Training Program. The purpose
				  of the Economic Development Skills Training Program is to provide assistance to
				  eligible applicants for the purpose of providing skills development training
				  which fosters economic development by creating or preserving jobs in New York
				  State.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner
				means the Commissioner of Economic Development.
(b) Department means the Department of
				Economic Development.
(c)
				Dislocated worker means an individual who:
(1)
				has been terminated or laid off from employment, or who has received a notice
				of termination or layoff from employment, and is eligible for, currently
				receiving, or has exhausted any entitlement to unemployment compensation, and
				who is unlikely to return to a previous industry or occupation; or
(2) has been terminated from employment, or
				who has received a notice of termination of employment, as a result of any
				permanent closure of a plant or facility; or
(3) is long-term unemployed and has limited
				opportunities for employment or reemployment in the same or a similar
				occupation in the area in which such individual resides, including any older
				individual who has substantial barriers to employment by reason of age;
				or
(4) was self-employed (including
				a farmer) and is unemployed as a result of general economic conditions in the
				community in which the individual resides or because of natural disasters as
				defined by the United States Secretary of Labor.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.3 - Eligible purposes; conditions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible applicants may submit applications to the department for assistance
				for skills training programs, including:
(1)
				training for entry-level employment and worker skills upgrading; or
(2) payment of on-the-job training costs for
				a period not to exceed 12 weeks, or classroom instruction costs, or a
				combination thereof.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.4 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
Applications for assistance under the Economic Development
				  Skills Training Program shall be evaluated according to the following
				  criteria:
(a) the demonstrated need
				for State assistance;
(b) the
				number and types of employees to be affected, including the potential for
				increased productivity and wages;
(c) the economic development benefits of the
				project, including but not limited to whether the assistance to be provided
				will support the creation or preservation of jobs;
(d) the employer's contribution to the actual
				cost of training;
(e) the potential
				for entry-level opportunities resulting from promotions created by skills
				upgrading;
(f) the willingness of
				assisted businesses to fill entry-level vacancies resulting from skills
				upgrading with job-ready clients referred from programs conducted under the Job
				Training Partnership Act or the Job Service Division of the Department of
				Labor;
(g) whether the proposed
				training meets the human resource needs identified by the applicant;
(h) whether the assisted business is located
				in a distressed area, especially in an economic development zone;
(i) the degree to which requested assistance
				will be matched by financing or other types of contributions from other sources
				which would equal or exceed the assistance sought from the Economic Development
				Skills Training Program;
(j)
				whether the proposed assistance will aid a small business or businesses, or a
				minority- or a women-owned business enterprise or enterprises;
(k) whether the proposed assistance will
				either aid targeted individuals, or be used to provide skills upgrading for
				currently employed individuals which will result in the creation of new jobs
				which will be filled by targeted individuals;
(l) the extent to which the proposed training
				project is consistent with the annual statewide economic development strategic
				plan; and
(m) such other criteria
				as the commissioner deems appropriate.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.6 - Evaluation process

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case
				of a proposal for Economic Development Skills Training Program assistance which
				is not in excess of $25,000, the commissioner shall obtain the recommendation
				of the appropriate regional office of the department, evaluate the proposal in
				accordance with the evaluation criteria set forth in section
				30.4 of this Part and determine
				whether such application shall be approved.
(b) In the case of a proposal for Economic
				Development Skills Training Program assistance which exceeds $25,000, the
				commissioner shall obtain the recommendation of the appropriate regional office
				of the department and shall forward the proposal to the Interagency Review
				Committee for its recommendation. The commissioner may consult with such other
				State agencies, authorities, boards or commissions as he deems appropriate.
				Upon receipt of such recommendations, the commissioner shall evaluate the
				proposal in accordance with the evaluation criteria set forth in section
				30.4 of this Part and determine
				whether such application shall be approved. In the event the Interagency Review
				Committee fails to make a recommendation to the commissioner within 30 days
				after receiving a proposal, the commissioner may determine whether such
				application shall be approved notwithstanding the failure of the Interagency
				Review Committee to act.
(c) The
				commissioner shall insure that determinations on proposals are made in such
				manner that at least 50 percent of the money available for the purposes of the
				Economic Development Skills Training Program shall be expended to assist small
				businesses.
(d) The commissioner
				shall insure that determinations on proposals are made in such manner that at
				least 50 percent of the money available for the Economic Development Skills
				Training Program shall be expended to assist targeted individuals, or to
				provide skills upgrading for currently employed individuals which will result
				in the creation of new jobs which will be filled by targeted
				individuals.
(e) The department
				shall notify an applicant in writing of the determination made by the
				commissioner. Notice of an approved proposal shall be transmitted to the
				applicable private industry council established under the Job Training
				Partnership Act.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.7 - Execution of awards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When the
				commissioner approves an application for Economic Development Skills Training
				Program assistance, the department, upon the recommendation of the Interagency
				Review Committee, shall execute and monitor the necessary grants and contracts
				or shall authorize one or more agencies to execute and monitor such assistance,
				pursuant to a written agreement between the approved applicant and such
				authorized agency or agencies, to be prepared by such agency or agencies, as
				set forth below. Each such written agreement shall provide that the approved
				applicant shall be entitled to receive payment of the full amount of Economic
				Development Skills Training Program assistance awarded only if the contractor
				demonstrates that the anticipated outcomes described in the application have
				been achieved or exceeded; provided, however, that each such written agreement
				may provide for payments in advance of the performance or completion of
				training activities and for repayment of such advance payments in the event
				that the anticipated outcomes are not substantially achieved.
(b) The Department of Labor shall be
				authorized to execute and monitor awards of assistance for projects which
				provide on-the-job training reimbursements to businesses and for labor exchange
				and other related services, as are agreed upon by the Department of Economic
				Development and the Department of Labor.
(c) The Education Department shall be
				authorized to execute and monitor awards of assistance for projects which
				provide classroom-based training which will be delivered by school districts,
				boards of cooperative educational services, and private degree-granting
				institutions of higher education.
(d) The State University of New York or the
				City University of New York shall be authorized to execute and monitor awards
				of assistance for projects which provide classroom-based training which will be
				delivered by community colleges, agricultural and technical colleges, and
				public degree-granting institutions of higher education.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter IV - Economic Development Skills Training Program › Part 30 - Application, Evaluation And Administration › Section 30.8 - Reporting

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Each eligible
				applicant receiving Economic Development Skills Training Program financial
				assistance shall submit quarterly and annual project reports to the department
				and the agency or agencies authorized to administer the eligible applicant's
				project pursuant to section
				30.7 of this Part, which shall
				include, but not be limited to:
(1) the
				number of individuals enrolled in each project, classified according to gender,
				age, race, income, employment status, and as to the number of individuals who
				are dislocated workers, economically disadvantaged individuals, displaced
				homemakers, or public assistance recipients;
(2) the number and type of businesses
				participating in each project;
(3)
				the nature of the matching assistance required in each project;
(4) the number and type of educational
				agencies participating in each project;
(5) the job placement rate of each project
				and the overall placement rate of all Economic Development Skills Training
				Program projects administered by the applicant; and
(6) such other information as the
				commissioner may require.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to set forth the application and
				  evaluation process for designation of pilot minority- and women-owned business
				  enterprise development centers, on a competitive basis, under the
				  Entrepreneurial Assistance Program. The pilot minority- and women-owned
				  business enterprise development centers shall provide intensive community-based
				  management and technical assistance targeted primarily to minority-group
				  members and women who are seeking to start or are starting new business
				  ventures.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicant means
				a not-for-profit corporation, operated by a board of directors representing
				community leaders in business, education, finance and government, which is
				located in an area accessible to minority-group members and women.
(b) Clients means minority-group members and
				women who are seeking to start or who are starting new business ventures,
				including those business ventures in the early stages of business
				development.
(c) Commissioner means
				the Commissioner of Economic Development.
(d) Department means the Department of
				Economic Development.
(e)
				Development center means the minority- and women-owned business enterprise
				development center selected and designated by the department to receive a grant
				pursuant to the Entrepreneurial Assistance Program.
(f) Minority business enterprise means any
				business enterprise which is at least 51 percent owned by, or in the case of a
				publicly owned business at least 51 percent of the stock of which is owned by,
				minority-group members where such ownership interest is real, substantial and
				continuing, and where such minority-group members have the authority to
				independently control the day-to-day business decisions of the
				entity.
(g) Minority-group member
				means a United States citizen or permanent-resident alien who is and can
				demonstrate membership in one of the following groups:
(1) Black persons having origins in any of
				the Black African racial groups not of Hispanic origin;
(2) Hispanic persons of Mexican, Puerto
				Rican, Dominican, Cuban, Central or South American descent of either Indian or
				Hispanic origin, regardless of race;
(3) Asian and Pacific Islander persons having
				origins in the Far East, Southeast Asia, and Indian subcontinent or the Pacific
				Islands; or
(4) American Indian or
				Alaskan Native persons having origins in any of the original peoples of North
				America.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.3 - Goals and objectives

Current through Register Vol. 46, No. 28, July 10, 2024
The development center shall seek to:
(a) expand economic opportunity for clients
				through the development of entrepreneurship among these populations;
(b) promote the participation of clients in
				new and small business development in New York State;
(c) assist in the revitalization of
				distressed communities through the encouragement of entrepreneurship by
				community residents;
(d) provide
				employment opportunities through related job growth;
(e) assist minority-group members and women
				in overcoming the barriers to successful entrepreneurship by providing
				intensive managerial and technical support;
(f) test on a regional basis various
				approaches to the enhancement of entrepreneurial skills among clients and to
				the improvement of service delivery to these populations; and
(g) such other goals and objectives as the
				department may find necessary or appropriate.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.4 - Requirements of development centers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Each development center shall:
(1) establish
				an advisory group of community business experts, at least one half of whom
				shall be representative of the clients to be served by the development center,
				which shall constitute a support network to provide counseling and mentoring
				services to clients from the concept stage of development through the first one
				to two years of existence on a regular basis, and as needed thereafter during
				the first five years of a new venture; and
(2) establish a referral and coordination
				system with existing area small business assistance programs and financing
				sources.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter V - Entrepreneurial Assistance Program › Part 40 - Minority- And Women-owned Business Enterprise Development Centers-the Application Process › Section 40.5 - Application process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Periodically, the department shall issue a request for proposal for development
				centers under the Entrepreneurial Assistance Program. Such request shall set
				forth the date by which and the office to which proposals must be submitted,
				the number of copies of the proposal to be submitted, and shall specify the
				information to be contained in each proposal.
(b) Proposals by applicants shall include,
				but not be limited to, the following:
(1) a
				description of the applicant;
(2) a
				copy of the applicant's certificate of incorporation;
(3) a list of the applicant's board of
				directors, the duration of each director's term of office and a description or
				resume of each director, focusing on his/her community leadership role in
				business, education, finance and government;
(4) the location of the proposed development
				center and a description of how it will be accessible to clients;
(5) a description of the advisory group of
				community business experts to be established, including their names and
				resumes, if known, and a commitment by the applicant to require that at least
				half of the advisory group members shall be minority-group members and
				women;
(6) a description of
				services to be provided by the applicant to clients as described in section
				40.4 of this Part;
(7) a copy of the proposed development
				center's budget, including a description of the financial assistance provided
				from Federal, State, local and private sources;
(8) a list of current or proposed staff of
				the development center, including resumes of current staff and job descriptions
				for anticipated staffing;
(9) a
				plan to supplement State and local funding through fees for services which may
				be based on a sliding scale based on ability to pay;
(10) the need for and anticipated impact of
				the proposed development center on the community in which it will
				function;
(11) a description of how
				the proposed development center would be replicated in other communities;
				and
(12) plans for a reporting
				system to be used in evaluating the success of the development
				center.