N.Y. Economic Development Law § 192: Administration

§ 192. Administration. The department, in furtherance of the

objectives of the industrial effectiveness program, is hereby authorized

and directed to:

1. provide productivity assessments and feasibility studies to

industrial firms that have requested such assistance directly or upon

referral by the department's regional offices, the New York state

science and technology foundation, the New York state urban development

corporation, or by other state agencies, authorities, offices or

commissions. Such productivity assessments and feasibility studies may

be provided directly by the department or by experts retained or

supervised by the department. Any expenditures for such assistance other

than for preliminary productivity assessments or feasibility studies

shall be based on a plan reviewed and approved by the commissioner. The

following factors shall be considered in determining whether to provide

a productivity assessment or feasibility study to an industrial firm:

(a) the potential viability of the company; (b) the commitment of

management and labor to jointly participate in a

productivity-improvement program; and (c) whether interests of the

employees of the firm would be served by such assistance. Industrial

firms and potential purchasers of existing industrial firms shall share

the cost of a productivity assessment or feasibility study provided by

experts retained or supervised by the department. The level of

contribution by a firm or by potential purchasers toward the cost of

such an assessment or feasibility study shall not be less than fifty

percent of the total cost;

2. identify public and private sources of expertise available to

assess productivity problems of industrial firms and to work under

contract or in cooperation with the department in assisting such firms

to undertake productivity-improvement activities;

3. identify individuals and firms with a distinctive competence in at

least one area related to industrial productivity, such as industrial

management, operations, production technology, marketing or labor

relations and training, and a demonstrated ability to serve small and

medium-sized industrial firms, for the purposes of referring small and

medium-sized industrial firms with identified needs to consultants with

relevant expertise;

4. design and conduct seminars and workshops to inform industrial

managers, union leaders, trade associations, and other appropriate

individuals and organizations, of industrial productivity-improvement

methods and approaches and to demonstrate their successful adoption in

similar firms;

5. publish a periodic newsletter to report on productivity research

projects and case studies, market the program's services and provide

such other information as the commissioner deems appropriate;

6. conduct educational programs to inform industrial firms, labor

organizations, banking organizations and other financial institutions,

and industrial or local development agencies of the benefits and risks

associated with, and methods for effectuating, the transfer of ownership

of industrial firms to employees, managers or other local investors;

7. promote the services and assistance available under this article

for industrial firms, to such firms and to municipal officials and

agencies, regional and local economic development entities, technology

development organizations, trade associations, business and labor

organizations and other appropriate entities;

8. provide short-term management consulting services to industrial

firms, directly or through contracts, in order to assist such firms with

assessing management, operations, market or financial problems;

9. provide information on state-sponsored programs offering financial

or technical assistance to industrial firms and aid such firms in

applying for assistance;

10. identify industrial firms in danger of closing or substantially

reducing operations.