S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1955

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. JAFFEE, CAHILL -- Multi-Sponsored by -- M. of A.
  CROUCH, GUNTHER, RABBITT -- read once and referred to the Committee on
  Economic Development

AN ACT to amend the economic development law, in relation  to  providing
  matching  funds  for eligible applicants in the Hudson Valley agricul-
  tural regional marketing program

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  economic  development law is amended by adding a new
article 15 to read as follows:
                                ARTICLE 15
          HUDSON VALLEY AGRICULTURAL REGIONAL MARKETING PROGRAM
SECTION 280. DEFINITIONS.
        281. MATCHING FUNDS FOR ELIGIBLE APPLICANTS.
        282. APPLICATION PROCESS.
        283. PAYMENTS OF FUNDS TO ELIGIBLE APPLICANTS.
        284. REPORTING REQUIREMENTS.
  S 280. DEFINITIONS. AS USED IN THIS ARTICLE, UNLESS A DIFFERENT  MEAN-
ING  APPEARS  FROM THE CONTEXT, THE FOLLOWING WORDS AND TERMS SHALL HAVE
THE FOLLOWING MEANINGS:
  1. "ELIGIBLE APPLICANT" MEANS ANY NOT-FOR-PROFIT CORPORATION OR  OTHER
NONPROFIT  ORGANIZATION,  ASSOCIATION,  OR  AGENCY THAT IS DESIGNATED BY
RESOLUTION OF THE SEVERAL COUNTY LEGISLATURES OR OTHER GOVERNING  BODIES
OF  COUNTIES  WITHIN THE HUDSON VALLEY REGION OF THE STATE, AS AN AGENCY
AUTHORIZED TO MAKE APPLICATION FOR AND RECEIVE GRANTS FOR  THE  PURPOSES
SPECIFIED IN THIS ARTICLE.
  2.  "RECOGNIZED  ADVERTISING"  MEANS MEDIA ADVERTISING AND PROMOTIONAL
MATERIALS TO BE BROADCAST, DISSEMINATED,  OR  OTHERWISE  DISTRIBUTED  IN
ACCORDANCE WITH A PLAN APPROVED BY THE COMMISSIONER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05216-01-3
              

A. 1955                             2

  3. "REGION" MEANS THE HUDSON VALLEY REGION OF THE STATE, AS DETERMINED
BY THE COMMISSIONER.
  4. "REGIONAL MARKETING PROGRAM" MEANS THE USE OF MEDIA ADVERTISING AND
PROMOTIONAL MATERIALS FOR PURPOSES OF MARKETING AGRICULTURAL PRODUCTS OF
THE REGION.
  5.  "STRATEGIC  ALLIANCE"  MEANS  AN INFORMAL OR FORMAL ASSOCIATION OF
AGRICULTURAL PRODUCERS ESTABLISHED FOR THE  PURPOSE  OF  SOLVING  COMMON
PROBLEMS  AND  ENGAGING IN COOPERATIVE ACTIVITIES AND THAT IS CONSIDERED
TO BE CRITICAL TO THE AGRICULTURAL ECONOMY OF THE REGION.
  S 281. MATCHING FUNDS FOR ELIGIBLE APPLICANTS. 1. THE COMMISSIONER, IN
FURTHERANCE OF THE OBJECTIVES OF  THE  REGIONAL  AGRICULTURAL  MARKETING
PROGRAM,  IS  AUTHORIZED  TO MATCH FUNDS EXPENDED BY ELIGIBLE APPLICANTS
FOR THE PURPOSE OF IMPLEMENTATION OF THE REGIONAL MARKETING  PROGRAM  AS
DEFINED  IN SUBDIVISION FOUR OF SECTION TWO HUNDRED EIGHTY OF THIS ARTI-
CLE; PROVIDED, HOWEVER, THAT:
  (A) NO SUCH MATCHING FUNDS SHALL EXCEED THE SUM OF FIVE HUNDRED  THOU-
SAND DOLLARS OR FIFTY PERCENT OF THE TOTAL COST OF IMPLEMENTATION OF THE
REGIONAL MARKETING PLAN, WHICHEVER IS LESS;
  (B)  NO  SUCH  MATCHING  FUNDS SHALL BE USED FOR ADMINISTRATIVE COSTS,
INCLUDING SALARIES, ASSOCIATED WITH THE IMPLEMENTATION OF  THE  REGIONAL
AGRICULTURAL MARKETING PLAN;
  (C)  NO  SUCH MATCHING FUNDS SHALL BE USED FOR THE DIRECT BENEFIT OF A
FOR-PROFIT AGRICULTURAL PRODUCER OR  MARKETER  UNLESS  SUCH  EXPENDITURE
SHALL  FURTHER  A  PUBLIC PURPOSE AND HAVE A CLEAR, LONG-TERM BENEFIT TO
THE REGIONAL AGRICULTURAL ECONOMY.
  2. THE COMMISSIONER IS AUTHORIZED TO MATCH FUNDS EXPENDED BY AN ELIGI-
BLE APPLICANT IF THE ELIGIBLE APPLICANT REPRESENTS ONE OR MORE COUNTIES,
BUT FEWER THAN EACH OF THE  SEVERAL  COUNTIES,  IN  THE  STATE  ECONOMIC
DEVELOPMENT REGION.
  S  282.  APPLICATION  PROCESS. 1. THE COMMISSIONER, UPON INVESTIGATION
AND RECEIPT OF CERTIFIED COPIES OF SUCH RESOLUTIONS AS MAY BE  NECESSARY
TO  SATISFY  HIM  OR HER THAT AN ELIGIBLE APPLICANT HAS BEEN DULY DESIG-
NATED TO REPRESENT THE REGION, SHALL RECOGNIZE SUCH  ELIGIBLE  APPLICANT
AS  THE SOLE SUCH APPLICANT WITHIN THE REGION. IN THE EVENT THAT EACH OF
THE SEVERAL COUNTIES WITHIN THE REGION IS UNABLE OR UNWILLING TO  DESIG-
NATE A SINGLE APPLICANT TO REPRESENT THE REGION, OR IS UNABLE OR UNWILL-
ING  TO  ENCUMBER FUNDS  PURSUANT TO SECTION TWO HUNDRED EIGHTY-THREE OF
THIS ARTICLE, ONE OR MORE COUNTIES WITHIN THE REGION  MAY  DESIGNATE  AN
ELIGIBLE  APPLICANT  TO REPRESENT THE REGION. IN REVIEWING SUCH APPLICA-
TIONS, THE COMMISSIONER MAY SELECT FROM AMONG COMPETING  OR  OVERLAPPING
APPLICATIONS  THE  APPLICATION  THAT THE COMMISSIONER CONSIDERS TO BE OF
GREATER BENEFIT TO THE REGION AND THE  WELFARE  OF  THE  PEOPLE  OF  THE
STATE.
  2.  THE  COMMISSIONER IS AUTHORIZED TO ACCEPT AND SET REASONABLE DEAD-
LINES FOR THE SUBMISSION OF APPLICATIONS FOR EACH FISCAL YEAR COVERED BY
APPROPRIATIONS IN ORDER TO MATCH FUNDS EXPENDED BY  ELIGIBLE  APPLICANTS
FOR THE PURPOSE OF THE IMPLEMENTATION OF THE REGIONAL MARKETING PROGRAM.
IN  REVIEWING  AND  SELECTING  APPLICATIONS FROM ELIGIBLE APPLICANTS FOR
ASSISTANCE UNDER THIS PROGRAM, THE COMMISSIONER SHALL ENSURE  THAT  EACH
APPLICATION  FOR  SUCH  FUNDS SHALL HAVE THEREIN SET FORTH THE SCHEDULE,
BUDGET, SCOPE, AND THEME OF THE PROPOSED REGIONAL AGRICULTURAL MARKETING
PROGRAM TO BE UNDERTAKEN FOR THE PURPOSE OF ENCOURAGING AND  STIMULATING
AGRICULTURAL MARKETING WITHIN THE REGION OF THE STATE.
  3.  NOTHING SHALL LIMIT AN ELIGIBLE APPLICANT FROM CREATING A REGIONAL
AGRICULTURAL MARKETING PROGRAM WITH ANOTHER STATE, TERRITORY, PROTECTOR-
ATE, DEPENDENCY, OR COUNTRY.

A. 1955                             3

  S 283. PAYMENTS OF FUNDS TO ELIGIBLE APPLICANTS.  1.  UPON  SUBMISSION
AND  APPROVAL  OF EACH APPLICATION AND THE AUTHORIZATION OF FUNDS BY THE
COMMISSIONER IN ACCORDANCE THEREWITH, THE COMMISSIONER SHALL GIVE NOTICE
TO THE ELIGIBLE APPLICANT OF SUCH APPROVAL AND AUTHORIZATION  AND  SHALL
DIRECT SUCH ELIGIBLE APPLICANT TO PROCEED WITH ITS PROPOSED AGRICULTURAL
MARKETING  PROGRAM  AS DESCRIBED IN ITS APPLICATION. UPON THE FURNISHING
OF SATISFACTORY EVIDENCE TO  THE  DEPARTMENT  THAT  THE  SEVERAL  COUNTY
LEGISLATURES OR OTHER GOVERNING BODIES OF THE COUNTIES IDENTIFIED IN THE
APPLICATION  HAVE  ENCUMBERED FUNDS IN THE AMOUNT COMMITTED AND APPROVED
BY THE COMMISSIONER, THE STATE MATCHING FUNDS ALLOCATED TO SUCH ELIGIBLE
APPLICANT SHALL BE PAID, FROM THE FUNDS APPROPRIATED FOR  SUCH  PURPOSE,
PURSUANT  TO THIS ARTICLE.  ANY STATE FUNDS SO PAID MAY BE EXPENDED ONLY
ON A MATCHING BASIS AND ONLY  WITHIN  TWELVE  MONTHS  OF  SUCH  PAYMENT,
UNLESS AN EXTENSION OF TIME HAS BEEN REQUESTED AND, UPON SHOWING OF GOOD
CAUSE, GRANTED BY THE COMMISSIONER.
  2. NO ADVERTISING OR MARKETING FUNDED FOR THE PURPOSES OF THIS ARTICLE
SHALL  CONTAIN  REFERENCE  TO  OR THE NAME OF ANY PUBLIC OFFICIAL OF THE
STATE OF NEW YORK OR ITS POLITICAL  SUBDIVISIONS.  "REFERENCE"  INCLUDES
BUT  IS  NOT  LIMITED TO PHOTOGRAPHS, DRAWINGS, CARICATURES, QUOTATIONS,
INVITATIONS, SIGNATURES, ENDORSEMENTS, OR SOUND OR VIDEO RECORDINGS.
  S 284.   REPORTING  REQUIREMENTS.  1.  IN  ACCORDANCE  WITH  GENERALLY
ACCEPTED ACCOUNTING PRINCIPLES, EACH ELIGIBLE APPLICANT SHALL FURNISH AN
ANNUAL  FINANCIAL  STATEMENT  TO THE COMMISSIONER. SUCH REPORTS SHALL BE
SUBMITTED ON OR BEFORE JANUARY FIRST OF EACH YEAR.
  2. THE DEPARTMENT SHALL ANNUALLY, ON OR BEFORE MARCH FIRST, SUBMIT  TO
THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY A REPORT ON THE ACTIVITIES  OF  THE  REGIONAL  AGRICULTURAL
MARKETING MATCHING FUNDS PROGRAM. SUCH REPORT SHALL INCLUDE A SUMMARY OF
THE FINANCIAL STATEMENTS RECEIVED BY THE DEPARTMENT FROM ELIGIBLE APPLI-
CANTS,  A  SUMMARY  OF  ACTIVITIES CONDUCTED BY ELIGIBLE APPLICANTS, AND
ANALYSES OF THE EFFECTIVENESS OF THE PROGRAM IN STIMULATING AGRICULTURAL
MARKETING. AS A PRODUCT OF SUCH ANALYSES, THE DEPARTMENT  SHALL  COMPILE
AND  DISSEMINATE  TO  EACH  ELIGIBLE APPLICANT A LIST AND DESCRIPTION OF
BEST PRACTICES IN ORDER TO FURTHER PROMOTE  AND  ENCOURAGE  AGRICULTURAL
MARKETING  IN THE STATE AND THE EXPANSION AND DEVELOPMENT OF NEW MARKETS
FOR NEW YORK AGRICULTURAL PRODUCTS.
  S 2. This act shall take effect immediately.