N.Y. Economic Development Law § 224: Export diagnostic and market development program

* § 224. Export diagnostic and market development program. 1.

Definitions. As used in this section, the following terms shall have the

following meanings, unless a different meaning appears from the context:

(a) "Eligible applicant" shall mean (i) a small or medium sized

business having no more than five hundred employees, or business or

industry group or association, or (ii) any commercial merchant, dealer,

distributor, broker, grower, producer, processor, handler, packer,

industry group or association or cooperative offering for sale or trade

eligible agricultural products.

(b) "Export diagnostic assessment" shall mean an assessment of the

potential of an eligible applicant to commence or increase exporting. An

export diagnostic assessment may include, but shall not be limited to,

an evaluation of the export potential for an eligible applicant's goods

or services in international markets and an eligible applicant's

management, organization and distribution in relation to its ability to

commence or increase exporting.

(c) "Export market development plan" shall mean an analysis of

specific actions an eligible applicant should undertake to commence or

increase exporting. An export market development plan may include, but

shall not be limited to, recommendations for an eligible applicant: (1)

to adapt its products to international technical specifications and

standards; (2) to pursue exporting in specific regional and/or

industrial markets; or (3) to contract with agents, distributors or

others.

(d) "Eligible agricultural products" shall mean agricultural products

grown, produced, or primarily processed in New York; agricultural

equipment primarily processed in New York; agricultural equipment

primarily produced in New York; or aquatic products cultured, cultivated

or harvested from the waters in and around New York or cultured or

landed in New York, which are likely to be in demand in international

markets.

2. Establishment. The commissioner is hereby authorized to establish

an export diagnostic and market development program within the

department in conjunction with the industrial effectiveness program set

forth in article seven of this chapter, for the purpose specified in

this section.

3. Purpose. The purpose of the export diagnostic and market

development program shall be to improve the competitive position in

international markets of businesses and industries, including

agricultural businesses, whose principal place of business is located in

New York by assisting them to commence or increase exporting.

4. Administration. In furtherance of the purpose of the export

diagnostic and market development program, the department is authorized

to:

(a) identify and retain individuals and firms with special competence

in at least one area related to export development or promotion, and

provide eligible applicants with a list of such individuals and firms.

The department shall promulgate by rules the procedures and criteria to

be used in selecting and retaining such individuals and firms;

(b) provide export diagnostic assessments and export market

development plans to eligible applicants that have requested such

assistance directly or upon referral by the department's regional

offices, the New York state science and technology foundation, the New

York state urban development corporation, the department of agriculture

and markets, the port authority of New York and New Jersey, or federal,

state, regional and local trade and economic development organizations.

Such export diagnostic assessments and export market development plans

may be provided either directly or by experts retained and supervised by

the department. Any expenditure for such assistance shall be based on a

plan approved by the commissioner, and in no case shall the level of

contribution by the eligible applicant be less than fifty percent of the

total cost of such export diagnostic assessment;

(c) provide information on other government-sponsored programs

offering technical and financial assistance to exporters or potential

exporters;

(d) promote awareness of the export diagnostic and market development

program among businesses, business or industry organizations, and

federal, state, regional and local trade and economic development

agencies with the assistance of appropriate state agencies;

(e) identify eligible applicants offering for sale or trade eligible

agricultural products;

(f) undertake activities to assist eligible applicants to commence or

increase exporting eligible agricultural products; and

(g) provide information to eligible applicants on other

government-sponsored programs offering technical and financial

assistance to promote exports of agricultural products, agricultural

equipment or aquatic products.

5. Applications. Eligible applicants shall submit to the department an

application to participate in the export diagnostic and market

development program in such a form and manner as the commissioner shall

deem appropriate.

6. Selection. The department shall select eligible applicants to

participate in the export diagnostic and market development program

based on:

(a) the initial assessment of the department of the degree to which

the applicant would benefit from participation;

(b) evidence of a serious commitment by the applicant to participate

in the program;

(c) the capability of the applicant to carry out recommendations

resulting from participation in the program; and

(d) the likely benefit derived from participation in the program to

the economy of the region in which the applicant is located in relation

to the cost to the state of providing the assistance.

7. Reports by participants. (a) Every eligible applicant participating

in the export diagnostic and market development program shall provide

the department with such reports relating to such participants as the

department shall deem to be necessary.

(b) The information contained in such reports shall be exempt from

disclosure to the fullest extent permitted under subdivision two of

section eighty-seven of the public officers law.

8. Job listings. For any positions opened as a result of assistance

provided under this section businesses so assisted shall first consider

persons eligible to participate in federal job training partnership act

(P.L. 97-300) programs who shall be referred to the business by

administrative entities of service delivery areas created pursuant to

such act or by the job service division of the department of labor.

9. Reporting. On or before October first, nineteen hundred ninety-one

and on or before October first of each year thereafter, the commissioner

shall report to the governor and the legislature on the operation and

accomplishments of the export diagnostic and market development program,

including but not limited to the number of firms assisted, the number of

export diagnostic assessments and export market development plans

completed, the degree to which productivity and export activity of

participants were increased, the total costs per project and the number

of jobs created due to state assistance.

10. Evaluation. The commissioner shall submit to the director of the

division of the budget, the chairman of the senate finance committee and

the chairman of the assembly ways and means committee an evaluation of

the export diagnostic and market development program prepared by an

entity independent of the department. Such an evaluation shall be

submitted on or before September first, nineteen hundred ninety-two and

on or before September first every two years thereafter.

11. Rules and regulations. The commissioner shall promulgate rules and

regulations to accomplish the purpose of this section.

* NB Section effective insofar as it pertains to the Port Authority of

New York and New Jersey upon passage of same as legislation by New

Jersey