N.Y. Economic Development Law § 100: General powers of department

§ 100. General powers of department. The commissioner acting by and

through the department of economic development shall have power and it

shall be his duty:

1. to investigate, study and undertake ways and means of promoting and

encouraging the prosperous development and protection of the legitimate

interest and welfare of New York business, industry and commerce, within

and outside the state;

2. to serve as a clearing house for industrial problems of the state;

3. to promote and encourage the expansion and development of markets

for New York products;

4. to promote and encourage the location and development of new

business in the state as well as the maintenance and expansion of

existing business and for that purpose to cooperate with state and local

agencies and individuals both within and outside the state;

5. to investigate and study conditions affecting New York business,

industry and commerce, and to collect and disseminate information, and

engage in technical studies, scientific investigations and statistical

research and educational activities necessary or useful for the proper

execution of the powers and duties of the department in promoting and

developing New York business, industry and commerce both within and

outside the state;

6. to plan and develop an effective business information service both

for the direct assistance of industry of the state and for the

encouragement of industries outside the state to use business facilities

within the state;

7. to compile, collect and develop periodically, or otherwise make

available, scientific indices and other information relating to current

business conditions;

8. to encourage and develop commerce with other states and foreign

countries, and to devise ways and means of removing trade barriers

hampering the free flow of commerce between this state and other states,

including such barriers as preferences and similar price distorting

mechanisms and other forms of discrimination used in the procurement of

goods and services by the public sector or influenced by the public

sector;

9. to cooperate with interstate commissions engaged in formulating and

promoting the adoption of interstate compacts and agreements helpful to

business, industry and commerce;

10. to conduct or encourage research designed to further new and more

extensive uses of the natural and other resources of the state, and

designed to develop new products and industrial processes;

11. to study trends and developments in the industries of the state

and to analyze the reasons underlying such trends; to study costs and

other factors affecting successful operation of businesses within the

state; and to make recommendations regarding circumstances promoting or

hampering industrial development;

12. to compile periodically a census of business and industry in the

state with the cooperation of other agencies; and to analyze and publish

this information in such form as to be most valuable to the business and

industry of the state;

13. to make to the governor and to the legislature, from time to time,

recommendations for the study or improvement of any conditions, and for

the elimination of any restrictions and burdens imposed by law, or

otherwise existing, which adversely affect or retard the legitimate

development and expansion of business, industry or commerce;

14. to publicize the material and economic advantages of the state

which render it a desirable place for business and residence;

15. (a) to collect, compile and distribute information and literature

as to the facilities, advantages and attractions of the state, the

historical and scenic points and places of interest within the state and

the transportation and highway facilities of the state;

(b) in the discharge of this power, the commissioner may enter into a

contract for publication of a state travel guide to promote tourism.

Such contract may provide for the sale of advertising by the contractor.

A contract for publication of a state travel guide shall be awarded

following consideration of factors which shall include, but not be

limited to, the most favorable financial advantage for the state, the

best representation of the state of New York and its services, and the

greatest utility to the traveller. The commissioner shall promulgate

regulations by the first day of November next succeeding the effective

date of this paragraph to guide the preparation of bids and the

deadlines for selection of a competent contractor and publication of the

state travel guide. The regulations shall, at a minimum, limit

advertising content to no more than thirty percent of the space

available and establish responsibility for preparation and placement of

appropriate editorial content and an equitable listing without charge or

other consideration of attractions and activities available to the

tourist in New York state. Such regulations shall provide for approval

of the commissioner at critical stages of state travel guide development

and advertising standards and rates. Furthermore, such regulations shall

provide minimum financial terms and responsibilities of the state and

the contractor, the allocation of any revenues derived from the

production of the travel guide and securities which shall be required of

the contractor.

16. to plan and conduct a program of information and publicity

designed to attract tourists, visitors and other interested persons from

outside the state to this state and also to encourage and coordinate the

efforts of other public and private organizations or groups of citizens

to publicize the facilities and attractions of the state for the same

purposes;

16-a. to promote the growth of fruit growing, fruit processing, and

winery businesses in cooperation with the commissioner of agriculture

and markets and the urban development corporation. The commissioner in

promoting such businesses may also help to promote tourist programs

specified in subdivision sixteen of this section and encourage the

retention of agricultural lands and preservation of open spaces.

16-b. to promote the expansion of animal and plant fiber production,

fiber processing, and textile manufacturing from animal or plant fiber

grown or produced predominantly in New York state in cooperation with

the commissioner of agriculture and markets and the urban development

corporation. The commissioner in promoting such businesses may also help

to promote tourist programs specified in subdivision sixteen of this

section and encourage the retention of agricultural lands and

preservation of open spaces.

16-c. to promote local small businesses listed on the registry of

historic businesses maintained pursuant to section 14.11 of the parks,

recreation and historic preservation law.

18. to encourage and cooperate with other public and private

organizations or groups in publicizing the attractions and industrial

advantages of the state;

18-a. (a) to establish, in cooperation with the commissioner of

agriculture and markets and the state liquor authority, procedures for

proposing to the governor nominations for annual awards to be known as

"New York state wine retailers awards". These non-monetary awards shall

be given in recognition of unusual efforts made by restaurants, and/or

retailers licensed to sell alcoholic beverages for off-premises

consumption, to inform consumers as to the availability, diversity and

excellence of wines made in the state from grapes grown in the state,

and to feature these wines. The governor shall, at their discretion,

issue up to three awards annually.

(b) to establish, in cooperation with the commissioner of agriculture

and markets and the state liquor authority, procedures for proposing to

the governor nominations for annual awards to be known as "New York

state liquor retailers awards", "New York state beer retailers awards",

"New York state cider retailer awards", and "New York state mead

retailers awards". These non-monetary awards shall be given in

recognition of unusual efforts made by restaurants, and/or retailers

licensed to sell alcoholic beverages for off-premises consumption, to

inform consumers as to the availability, diversity and excellence of

liquors, beers, cider, and mead made in the state from products grown in

the state, and to feature these products. The governor shall, at their

discretion, issue up to three awards in each category annually.

18-b. (a) to promote, in cooperation with the New York wine and grape

foundation, state policies that will encourage the production and sale

of New York labelled wines.

(b) to promote, in cooperation with the department of agriculture and

markets and the state liquor authority, state policies that will

encourage the production and sale of New York labelled beers, ciders,

liquors, and mead.

18-c. to establish, in cooperation with the commissioner of

agriculture and markets, procedures for proposing nominations, including

procedures to coordinate with such commissioner to determine which

department shall make nominations for awards in categories that may be

similar to those listed in subdivision nine of section three hundred

nine of the agriculture and markets law to the governor for four annual,

non-monetary awards to be known as: (a) New York State Direct Farm

Marketing Award; (b) New York State Agri-Tourism Award; (c) New York

State Specialty Food Product Award; and (d) New York Animal or Plant

Fiber and Textile Award. These awards shall be given in recognition of

unusual efforts by farmers, food processors, food retailers, fiber

processors, and textile manufacturers and retailers for the marketing of

New York state grown agricultural commodities, foods processed from or

primarily containing New York state agricultural commodities, or

textiles manufactured in New York state from animal or plant fiber grown

or produced predominantly in New York state and for promoting New York

state farms that are also tourist destinations.

18-d. To establish, in consultation with the New York state tourism

advisory council, a New York hall of fame passport permitting admission

to recognized halls of fame situated within the state.

18-e. to establish, in cooperation with the urban development

corporation and the commissioner of agriculture and markets and other

economic development agencies a program to promote the agriculture

industry and other related industries in the state in a manner

consistent with the provisions of article five-D of this chapter.

18-f. to establish procedures, guidelines or regulations related to

implementation of the "NY-USA Proud" employer of distinction award.

These non-monetary awards shall be given in recognition of companies

that show exceptional support for military personnel including military

reservists and national guard members. To promote and market such award,

the commissioner may design an appropriate symbol that may be registered

as a trademark in the office of the secretary of state. Any such

trademark shall be registered by the secretary of state without the

exaction of any fee therefor. The commissioner may in his or her

discretion register any such mark with the United States government and

any other state or foreign country.

18-g. to establish procedures, guidelines or regulations related to

implementation of the "Patriot Support and Discount Program". This

voluntary program shall recognize those merchants, businesses or

companies that provide exceptional support to their employees who serve

in the military, including military reservists and national guard

members, or agree to provide reduced price discounts for merchandise and

services for military personnel including military reservists and

national guard members. At the discretion of the commissioner,

participating merchants, businesses or companies may become eligible for

inclusion in the "NY-USA Proud" program.

18-h. to include in the "NY-USA Proud" program those companies who

provide accident prevention courses approved by the commissioner of

motor vehicles at a reduced rate to the servicemen and women who have

returned from a combat theater or combat zone of operations.

18-i. To aid the department of agriculture and markets and office of

general services in providing a training program once per year, in each

economic development region, established in article eleven of this

chapter, to encourage and increase participation in the procurement

process, pursuant to article eleven of the state finance law, by small

businesses, as defined in section one hundred thirty-one of this

chapter, including farms, selling food or food products grown, produced,

harvested, or processed in New York state, or selling animal or plant

fiber products grown, harvested and processed in New York state and

textile products manufactured in New York state from animal or plant

fiber grown or produced predominantly in New York state, and assist such

businesses in identifying such food, food products, or animal or plant

fiber products and textile products which may help to meet state

agencies' needs.

18-j. to assist the urban development corporation to establish a

searchable database pursuant to section fifty-eight of section one of

chapter one hundred seventy-four of the laws of nineteen hundred

sixty-eight, constituting the New York state urban development

corporation act.

18-k. to promote, in cooperation with associations representing New

York growers, fiber processors, and textile manufacturers, state

policies that will encourage the production and sale of textile products

manufactured in New York state from animal or plant fiber grown or

produced predominantly in New York state.

19. (a) to study changes in and to suggest policies for the economic

development and conservation of the resources of the state and to

develop an annual statewide economic development strategic plan. Such

strategic plan, shall include but shall not be limited to, a statewide

inventory of all industry associations and clusters; a list of

industries that have a competitive advantage; and a list of industries

that demonstrate the potential for growth. The department shall work in

cooperation with the New York State Foundation for Science, Technology

and Innovation in creating the strategic plan. The annual statewide

economic development strategic plan shall be submitted to the temporary

president of the senate and the speaker of the assembly on January

first, two thousand eight and every year thereafter.

(b) to cause to be prepared program plans for the economic development

financial assistance programs of the state, in cooperation with the

agency or public benefit corporation or public authority, consistent

with the legislative intent and statutory authorization for such

programs. Program plans shall be derived from and shall be consistent

with the annual economic development strategic plan and, accordingly,

may be updated as necessary. Such plans shall be transmitted to the

agency or public authority or public benefit corporation responsible for

administering the program and to the speaker of the assembly and the

temporary president of the senate within ninety days of the effective

date of any statute authorizing such program. With respect to existing

economic development financial assistance programs, the commissioner

shall transmit program plans on or before July first, nineteen hundred

eighty-eight.

Program plans shall describe the goals, objectives and priorities of

each financial assistance program, shall guide the development of

operating procedures and rules and regulations governing each financial

assistance program, shall set forth the manner in which the financial

assistance program shall be coordinated with other economic development

programs and shall set forth a description of the operating

relationships with relevant agencies and regional and local public and

private organizations;

20. to cooperate with and assist other state departments, boards,

commissions, agencies, public benefit corporations and public

authorities in the preparation of policies for the economic development

of the state and to assist in such entities' development of rules and

regulations governing economic development financial assistance

programs, and policies for the use and conservation of its resources;

21. to inquire into and report to the governor when requested by the

governor, with respect to any program of public state improvements and

the financing thereof; and to request and obtain information from the

state department of transportation and other state departments or

agencies such information and data as may be needed properly to report

thereon;

22. to advise and cooperate with municipal, county, regional and other

local agencies within the state for the purpose of promoting

coordination between the state and the localities as to economic

development;

23. to confer and cooperate with the authorities of the United States

and neighboring states and of the counties and municipalities of such

neighboring states, for the purpose of bringing about a coordination

between the economic development of such neighboring states, counties

and municipalities and the economic development of the state of New

York;

24. to adopt such measures as may best be calculated to promote public

interest in and understanding of the problems of economic development,

and to that end may publish and distribute copies of any plan or any

report and may employ such other means of publicity and education as

shall give full effect to the provisions of this chapter;

25. To act as the agent of the state and its political subdivisions

for the purpose of approving applicants for financial assistance from

any federal agency for industrial development or redevelopment purposes,

whenever the terms of any act of congress heretofore or hereafter

enacted for such purposes require the state or any political subdivision

thereof to approve applicants for such assistance, and to take any

further action which may be required under the terms of such act.

26. To provide all necessary staff services, accounting, clerical and

secretarial assistance, and office space and equipment requested by the

New York job development authority.

27. To act as the agent of the state to administer, carry out and

coordinate any federal law now or hereafter enacted by the congress to

promote economic growth by supporting state and regional centers to

place the findings of science usefully in the hands of American

enterprise and, for such purposes, to receive federal funds for

technical services programs and enter into any necessary contracts or

compacts in connection therewith, to take any further action which may

be required under the terms of any such federal act, including but not

limited to the establishment and operation of state or regional

technical information centers.

28. To provide all necessary staff services, accounting, clerical and

secretarial assistance and office space and equipment requested by the

New York state job incentive board.

29. to advise the governor, the legislature and other state agencies

with regard to research and development and the establishment of state

policies relating thereto, in connection with science oriented industry

and applied research.

29-a. to advise the governor, the legislature and other state agencies

with regard to research and development and the establishment of state

policies relating thereto, in connection with the animal and plant fiber

and fiber textile manufacturing industries and applied research.

30. to cooperate with all private persons and governmental entities

concerned with science oriented industry and applied research.

30-a. to cooperate with all private persons and governmental entities

concerned with the animal and plant fiber and fiber textile

manufacturing industries and applied research.

31. to sponsor, foster and support research and to sponsor or conduct

studies relating to science oriented industry and applied research.

31-a. to sponsor, foster and support research and to sponsor or

conduct studies relating to the animal and plant fiber and fiber textile

manufacturing industries and applied research.

32. to review and evaluate the status and to encourage and promote the

development of science oriented industry and applied research designed

to further new and more extensive use of the resources and manpower of

the state.

32-a. to review and evaluate the status and to encourage and promote

the development of the animal and plant fiber and fiber textile

manufacturing industries and applied research designed to further new

and more extensive use of the resources and manpower of the state.

33. the department shall adopt, amend or rescind, in accordance with

the state administrative procedure act, such rules, regulations and

orders as may be necessary or convenient to the performance of its

functions, powers and duties under this chapter. Such rules and

regulations shall be consistent with any program plans required by

subdivision nineteen of section one hundred of this chapter.

34. the department may enter into contracts with any person, firm,

corporation or governmental agency, and do all things necessary or

convenient to carry out the functions, powers and duties expressly set

forth in this article.

35. to promote, publish, and disseminate the rules and regulations

promulgated by the industrial commissioner pursuant to article

twenty-six of the labor law.

36. (a) The commissioner shall solicit research firms to evaluate the

promotional effectiveness and economic impact of the department's

tourism advertising campaigns. The commissioner shall cause said

research firms to submit to the department and the legislative fiscal

committees, at least six weeks prior to the conducting of their

research, a research design indicating the techniques planned to measure

such promotional effectiveness and economic impact; provided, however,

that no firm selected shall do both the promotional effectiveness and

economic impact studies nor shall have participated in the development

of marketing the tourism campaign.

(b) The commissioner shall submit all preliminary reports of such

firms to the legislative fiscal committees within two weeks of receipt

of such reports; the final reports shall be submitted by the

commissioner to the legislative fiscal committees and the tourism

advisory council no later than December first of each year.

37. to review and evaluate the economic impact of the downhill ski

industry on the state's economy and to advise the governor, legislature,

and other state agencies of the results of such review and evaluation.

37-a. The commissioner shall make an annual report to the governor and

legislature on or before the fifteenth day of May for the preceding

calendar year. It shall include a summary of all contacts received from

business entities by the department, including the department's district

offices. The report shall set forth the types of contacts, the purposes

of such contacts and include a summary of the results of all such

contacts by business entities. The report shall also indicate which

contacts were made by small business concerns as defined by section one

hundred thirty-five-a of the state finance law. No provision of this

subdivision shall be deemed to require or authorize the disclosure of

confidential information or trade secrets.

37-b. The requirements to report contained in the following provisions

of this chapter shall be satisfied, notwithstanding any inconsistent

provision appearing therein, by the commissioner who shall consolidate

into one combined annual report all of the information required to be

submitted in separate reports by the following provisions of this

chapter. This consolidated annual report of the commissioner shall be

submitted to the governor and the legislature on or before October first

of each year and shall replace the requirements for separate reports

contained in the following provisions of this chapter. In order to

fulfill his or her responsibility under this subdivision, the

commissioner may require the submission to him or her a sufficient

period of time in advance of October first of each year by any advisory

committee or other body required to submit a report pursuant to the

following provisions of this chapter of all information which would

otherwise be required to be included in the report of such advisory

committee or other body. The following provisions of this chapter

containing requirements to submit recurring reports shall be subject to

the requirements of this subdivision:

(a) Section one hundred ninety-five, on the operation and

accomplishments of the industrial effectiveness program.

(b) Paragraph (a) of subdivision seven of section two hundred two,

regarding the current status of the skills development assistance

program.

(c) Subdivision two of section two hundred twelve of this chapter,

submitting the results of the annual evaluation of the entrepreneurial

assistance programs established under article nine of this chapter.

(d) Subdivision two of section two hundred twenty-three, reporting the

results of the annual evaluation of the effectiveness of the export

trade development projects and other technical assistance programs

authorized under article ten.

(e) Paragraph (a) of subdivision three of section two hundred

forty-one, submitting the annual findings and recommendations of the

advisory council on economic information and research.

(f) Subdivision eight of section two hundred fifty, regarding the

current status of the industrial infrastructure development program.

38. to contract for and to accept any gifts or grants or loans of

funds or property of financial or other aid in any form from the federal

government or any agency or instrumentality thereof, or from the state

or any agency or instrumentality thereof, or from any other source, for

any or all of the purposes specified in this chapter, with the terms and

conditions thereof; and

39. (a) To assist the superintendent of financial services to solicit,

evaluate, develop and provide information to banking corporations,

principally engaged in doing business within the state, about various

methods used by banking corporations to provide financing for businesses

engaged in the export of products and services to foreign countries.

(b) The commissioner shall evaluate such information as may be

available to the department and help identify local regional banking

corporations currently serving the state exporters and shall assist the

superintendent of financial services in determining the status of local

and regional banking corporations in export financing so that in

cooperation with the department of financial services, a program shall

be developed by which new banking corporations may be brought into the

export financing sector and potential and current state exporters may be

given a wider choice of available financing sources for medium and small

export transactions.

(c) The commissioner shall further inform the superintendent of

financial services of any changes which the department projects may

occur in the international business community about which the

commissioner may become aware so that the superintendent of financial

services may provide the most timely and accurate information to the

state banking community.

(d) The commissioner shall promote, publish and disseminate

information concerning the current export trade engaged in by

corporations doing business in the state, in particularly identifying

those areas, fields of endeavor and under-utilized industrial resources

which could be exported in greater volume creating an increased need for

financing by local and regional banks.

40. to assist the secretary of state to promote and make information

available regarding technical and financial assistance for waterfront

revitalization programs for economically distressed and severely

economically distressed municipalities on inland waterways, as provided

by section nine hundred fifteen-a of the executive law.

40-a. to develop a plan to maximize the use of telecommuting to

conserve energy otherwise used by the personnel of the department in

commuting to their assigned workplace. Within one year of the effective

date of this subdivision, the department shall submit a report to the

governor and the legislature on the impact of such plan to include, but

not be limited to, energy conservation, air quality, workforce

acceptance, office costs and potential cost savings.

* 41. To investigate innovative approaches to private sector work and

employee compensation arrangements, such as flexible hours and job

sharing, flexible compensation and benefit plans including employee

assistance programs, employer-supported dependent care and family leave,

which will benefit both employers and employees by improving

productivity and morale, lowering rates of absenteeism, tardiness and

turnover, and enhancing a company's image.

* NB There are 2 sb 41's

* 41. to administer and operate a linked deposit program pursuant to

article fifteen of the state finance law.

* NB There are 2 sb 41's

42. To promote the advantages of such flexible work arrangements and

benefit plans to business organizations and associations and to

individual firms and to assist such groups or firms with instituting

such arrangements and benefit plans.

43. To work with the New York job development authority, the New York

state urban development corporation and other economic development

agencies in promoting the inclusion of dependent care facilities as part

of business expansion, industrial park, multi-tenant building or other

projects assisted by the authority, the corporation or other agencies.

44. to foster and promote, and to enlist the New York job development

authority, the New York urban development corporation and other public

authorities, public benefit corporations and state agencies to foster

and promote, the re-use and rehabilitation of existing buildings or

sites, or both, as part of business expansion, industrial park,

multi-tenant building or other projects assisted by a public authority,

a public benefit corporation and/or a state agency.

45. to license, maintain and lease where appropriate an official

brand, "I Love NY". Such brand shall be maintained, leased and applied

pursuant to section one hundred fifty-two of this chapter.

46. to prepare an annual summary for the small business community of

the key legislative, budgetary and regulatory changes impacting small

businesses. Agencies shall cooperate with the department in developing

the annual summary. The annual summary shall be written in plain

language and shall provide specific contact information within the

appropriate agency for inquiries regarding implementation and

compliance. The annual summary shall be posted on the department website

on or before September first of each year.

47. to, with funds appropriated for this purpose, post on the

department's website information related to New York state programs

providing assistance to small businesses or minority and women-owned

business enterprises. The commissioner shall determine which programs to

feature on the department's website, in consultation with the urban

development corporation, which may include, but not be limited to,

programs offered by state and federal agencies or other entities, to

provide financial and technical assistance to minority and women-owned

business enterprises and small businesses, provided that the website

shall provide information on any department or urban development

corporation programs relating to obtaining bonding or bridge loans.

Posted information may include, but not necessarily be limited to, a

program description, the type of assistance offered, application

information, and contact information or website address for the entity

offering such assistance. The department shall post the information

described herein so as to allow individuals to: (a) search for featured

minority and women-owned business enterprises and small businesses

assistance programs pursuant to article nine of this chapter; (b)

complete applications for assistance in obtaining bonding, as well as

applications to any other programs providing financial assistance that

the department deems feasible; and (c) obtain access to census data from

the most recent United States census.

48. to cooperate with and provide assistance to the commissioners of

environmental conservation and transportation to implement the

provisions of title five of article forty-nine of the environmental

conservation law.

49. to exercise all other powers and functions necessary or

appropriate to carry out the duties and purposes set forth in this

chapter.