2006 New York Code - 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