§ 224 — Export diagnostic and market development program

* § 224. Export diagnostic and market development program. 1.\nDefinitions. As used in this section, the following terms shall have the\nfollowing meanings, unless a different meaning appears from the context:\n (a) "Eligible applicant" shall mean (i) a small or medium sized\nbusiness having no more than five hundred employees, or business or\nindustry group or association, or (ii) any commercial merchant, dealer,\ndistributor, broker, grower, producer, processor, handler, packer,\nindustry group or association or cooperative offering for sale or trade\neligible agricultural products.\n (b) "Export diagnostic assessment" shall mean an assessment of the\npotential of an eligible applicant to commence or increase exporting. An\nexport diagnostic assessment may include, but shall not be limited to,\nan evaluation of the export potential for an eligible applicant's goods\nor services in international markets and an eligible applicant's\nmanagement, organization and distribution in relation to its ability to\ncommence or increase exporting.\n (c) "Export market development plan" shall mean an analysis of\nspecific actions an eligible applicant should undertake to commence or\nincrease exporting. An export market development plan may include, but\nshall not be limited to, recommendations for an eligible applicant: (1)\nto adapt its products to international technical specifications and\nstandards; (2) to pursue exporting in specific regional and/or\nindustrial markets; or (3) to contract with agents, distributors or\nothers.\n (d) "Eligible agricultural products" shall mean agricultural products\ngrown, produced, or primarily processed in New York; agricultural\nequipment primarily processed in New York; agricultural equipment\nprimarily produced in New York; or aquatic products cultured, cultivated\nor harvested from the waters in and around New York or cultured or\nlanded in New York, which are likely to be in demand in international\nmarkets.\n 2. Establishment. The commissioner is hereby authorized to establish\nan export diagnostic and market development program within the\ndepartment in conjunction with the industrial effectiveness program set\nforth in article seven of this chapter, for the purpose specified in\nthis section.\n 3. Purpose. The purpose of the export diagnostic and market\ndevelopment program shall be to improve the competitive position in\ninternational markets of businesses and industries, including\nagricultural businesses, whose principal place of business is located in\nNew York by assisting them to commence or increase exporting.\n 4. Administration. In furtherance of the purpose of the export\ndiagnostic and market development program, the department is authorized\nto:\n (a) identify and retain individuals and firms with special competence\nin at least one area related to export development or promotion, and\nprovide eligible applicants with a list of such individuals and firms.\nThe department shall promulgate by rules the procedures and criteria to\nbe used in selecting and retaining such individuals and firms;\n (b) provide export diagnostic assessments and export market\ndevelopment plans to eligible applicants that have requested such\nassistance directly or upon referral by the department's regional\noffices, the New York state science and technology foundation, the New\nYork state urban development corporation, the department of agriculture\nand markets, the port authority of New York and New Jersey, or federal,\nstate, regional and local trade and economic development organizations.\nSuch export diagnostic assessments and export market development plans\nmay be provided either directly or by experts retained and supervised by\nthe department. Any expenditure for such assistance shall be based on a\nplan approved by the commissioner, and in no case shall the level of\ncontribution by the eligible applicant be less than fifty percent of the\ntotal cost of such export diagnostic assessment;\n (c) provide information on other government-sponsored programs\noffering technical and financial assistance to exporters or potential\nexporters;\n (d) promote awareness of the export diagnostic and market development\nprogram among businesses, business or industry organizations, and\nfederal, state, regional and local trade and economic development\nagencies with the assistance of appropriate state agencies;\n (e) identify eligible applicants offering for sale or trade eligible\nagricultural products;\n (f) undertake activities to assist eligible applicants to commence or\nincrease exporting eligible agricultural products; and\n (g) provide information to eligible applicants on other\ngovernment-sponsored programs offering technical and financial\nassistance to promote exports of agricultural products, agricultural\nequipment or aquatic products.\n 5. Applications. Eligible applicants shall submit to the department an\napplication to participate in the export diagnostic and market\ndevelopment program in such a form and manner as the commissioner shall\ndeem appropriate.\n 6. Selection. The department shall select eligible applicants to\nparticipate in the export diagnostic and market development program\nbased on:\n (a) the initial assessment of the department of the degree to which\nthe applicant would benefit from participation;\n (b) evidence of a serious commitment by the applicant to participate\nin the program;\n (c) the capability of the applicant to carry out recommendations\nresulting from participation in the program; and\n (d) the likely benefit derived from participation in the program to\nthe economy of the region in which the applicant is located in relation\nto the cost to the state of providing the assistance.\n 7. Reports by participants. (a) Every eligible applicant participating\nin the export diagnostic and market development program shall provide\nthe department with such reports relating to such participants as the\ndepartment shall deem to be necessary.\n (b) The information contained in such reports shall be exempt from\ndisclosure to the fullest extent permitted under subdivision two of\nsection eighty-seven of the public officers law.\n 8. Job listings. For any positions opened as a result of assistance\nprovided under this section businesses so assisted shall first consider\npersons eligible to participate in federal job training partnership act\n(P.L. 97-300) programs who shall be referred to the business by\nadministrative entities of service delivery areas created pursuant to\nsuch act or by the job service division of the department of labor.\n 9. Reporting. On or before October first, nineteen hundred ninety-one\nand on or before October first of each year thereafter, the commissioner\nshall report to the governor and the legislature on the operation and\naccomplishments of the export diagnostic and market development program,\nincluding but not limited to the number of firms assisted, the number of\nexport diagnostic assessments and export market development plans\ncompleted, the degree to which productivity and export activity of\nparticipants were increased, the total costs per project and the number\nof jobs created due to state assistance.\n 10. Evaluation. The commissioner shall submit to the director of the\ndivision of the budget, the chairman of the senate finance committee and\nthe chairman of the assembly ways and means committee an evaluation of\nthe export diagnostic and market development program prepared by an\nentity independent of the department. Such an evaluation shall be\nsubmitted on or before September first, nineteen hundred ninety-two and\non or before September first every two years thereafter.\n 11. Rules and regulations. The commissioner shall promulgate rules and\nregulations to accomplish the purpose of this section.\n * NB Section effective insofar as it pertains to the Port Authority of\nNew York and New Jersey upon passage of same as legislation by New\nJersey\n