2021 Annual Report — New York State Assembly Committee on Economic Development, Job Creation, Commerce and Industry
Summary
The 2021 Annual Report of the New York State Assembly Committee on Economic Development, Job Creation, Commerce and Industry, chaired by Harry B. Bronson, with a transmittal letter to Speaker Carl E. Heastie dated December 15, 2021. The letter says the Committee helped secure the COVID-19 Pandemic Small Business Recovery Package, listing $800 million for the Small Business Recovery Grant Program, $600 million for a State Small Business Credit Initiative program, $40 million for Arts Recovery Grant Programs, $25 million for the New York Restaurant Resiliency Grant Program, $100 million for NY Theater tax credits and $35 million for the Restaurant Return To Work Tax Credit Program. The report lists committee members and staff, describes committee jurisdiction and the FY 2021-2022 budget initiatives, and includes appendices of bills considered and chapters, including liquor-law measures.
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“2021 Annual Report — New York State Assembly Committee on Economic Development, Job Creation, Commerce and Industry.”
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ANNUA L
R E POR T
202 1
CARL E. HEASTIE, SPEAKER
HARRY B. BRONSON, CHAIR
NEW YORK STATE ASSEMBLY
COMMITTEE ON ECONOMIC DEVELOPMENT, JOB CREATION,
COMMERCE AND INDUSTRY
THE ASSEMBLY CHAIR
Committee on Economic
Development, Job Creation,
STATE OF NEW YORK Commerce and Industry
ALBANY COMMITTEES
Education
Labor
HARRY B. BRONSON
Assemblymember Steering
138th District Transportation
Ways and Means
December 15, 2021
Honorable Carl Heastie
Speaker of the New York State Assembly
Legislative Office Building, Room 932
Albany, NY 12248
Dear Speaker Heastie:
I am submitting my first Annual Assembly Standing Committee on Economic Development, Job
Creation, Commerce and Industry report for the 2021 Legislative Session.
The 2021 Legislative Session has been challenging due to the public health and economic impact of
the continuing pandemic related issues and the challenges of reopening New York’s economy.
However, the Committee continued to review and participate in the enactment of the SFY 2021-22
budget and worked on legislation that promotes State and local economic development throughout
this difficult period. To that end, the Committee was instrumental in securing the COVID-19
Pandemic Small Business Recovery Package which included: $800 million for the Small Business
Recovery Grant Program; $600 million in federal revenue funds for a State Small Business Credit
Initiative (SSBCI) program; $40 million for the Arts Recovery Grant Programs for Not-For-Profit
arts and cultural organizations; $25 million for the New York Restaurant Resiliency Grant Program
which provides grants to restaurants that offer meals to people in distressed or underrepresented
communities; $100 million for NY Theater tax credits; and $35 million for the Restaurant Return
To Work Tax Credit Program.
While the dramatic increases in funding during this fiscal year are significantly due to a one-time
infusion of funds from Federal COVID-19 Pandemic relief, the Committee will continue its work to
fund programs to support businesses and the workforce they employ. The priority focus areas of
the Committee during the next session, both legislatively and budgetary will include measures that
seek to ensure that economic recovery is both equitable and inclusive of those individuals that have
been left on the economic sidelines, especially those from marginalized communities. The COVID-
19 pandemic has made the disparity in our economy worse with a disproportional impact on the
unskilled labor force, women, underserved, or otherwise marginalized communities who have
historically been on the economic sidelines.
In addition to continued pandemic economic recovery issues, the Committee will continue its
oversight of legislation and issues related to the manufacturing, distribution, and sale of alcoholic
beverages and, going forward oversight of the emerging adult-use cannabis industry. With regards
to adult-use cannabis it will be especially important to ensure that social and
❏ ALBANY OFFICE: Room 847, Legislative Office Building, Albany, New York 12248 • 518-455-4527
❏ DISTRICT OFFICE: 840 University Avenue, Rochester, New York 14607 • 585-244-5255
economically distressed equity applicants have access to participate and thrive in this emerging industry.
On behalf of myself and the members of the Committee, I wish to thank you for supporting our efforts to
encourage economic development and job creation across New York State. With your continued
leadership New Yorkers can look forward to productive sessions in the coming year.
Sincerely,
Harry Bronson
Member of Assembly
Chair, Assembly Standing Committee on Economic
Development, Job Creation, Commerce and Industry
2021 Annual Report
New York State Assembly
Committee on Economic Development, Job Creation,
Commerce and Industry
Harry B. Bronson, Chairman
Committee Members
Majority Minority
Kevin Cahill Christopher Friend, Ranking Member
William Magnarelli Kieran Lalor
Donna Lupardo Angelo Morinello
Al Stirpe Robert Smullen
Maritza Davila John Salka
Charles Barron Joseph Giglio
Alicia Hyndman John Lemondes
Billy Jones
Steve Stern
Marianne Buttenschon
Taylor Darling
Judy Griffin
Mathylde Frontus
Patricia Fahy
Patrick Burke
Jennifer Lunsford
Anna Kelles
Gina Sillitti
Staff
Giovanni Warren, Assistant Secretary for Program and Policy
Patrick Totaro, Committee Counsel
Debra Jenkins, Legislative Analyst
Jennifer Skoog-Harvey, Chief of Staff
Allan Richards, Legislative Director/ Committee Clerk
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TABLE OF CONTENTS
I. INTRODUCTION: COMMITTEE JURISDICTION ……………………………… ……….3
II. FY 2021-2022 ECONOMIC DEVELOPMENT BUDGET INITIATIVES …………………4
III. IMPROVING NEW YORK’S ECONOMY AND CREATING JOBS ……………………...9
IV. 2021 PUBLIC HEARING/ROUNDTABLES ……………………………….……………..17
V. OUTLOOK FOR 2022 ……………………………………………………………………….18
APPENDIX A: 2021 SUMMARY OF ACTION ON ALL BILLS …………………….………19
APPENDIX B: 2021 BILLS CONSIDERED ………………………………………….……….20
APPENDIX C: 2021 CHAPTERS/VETOES..……………………….………………….………23
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I. INTRODUCTION: COMMITTEE JURISDICTION
The Assembly Standing Committee on Economic Development, Job Creation, Commerce
and Industry is responsible for legislation that affects economic development and business
regulation throughout the State. The Committee also provides oversight of the State’s various
economic development agencies, authorities and programs that notably impact the State’s overall
economy. Additionally, the Committee is responsible for oversight of legislation related to the
sale of alcoholic beverages adult-use cannabis, and the licensing, registration and regulation of a
broad spectrum of industries associated with the production, distribution and sale of cannabis and
alcoholic beverages. The Committee is also responsible for the regulation of certain industries
that are subject to General Business Law.
The Committee interacts with many State agencies, economic development organizations
and other groups and associations on these important issues. The State agencies include the
Department of Economic Development, the Urban Development Corporation, the Job
Development Authority, the Department of State, the State Liquor Authority, the Department of
Labor and the Department of Law. At the local level, the Committee works with several
organizations, including not-for-profit local development corporations, economic development
agencies, not-for-profit foundations, colleges and universities, chambers of commerce and Small
Business Development Centers.
The Committee currently has two Subcommittees that are tasked with providing more in-depth
analysis on specific subject areas, which helps the committee better understand and respond to
related legislation and policy proposals. The new Subcommittee on Occupational Licenses
focuses on reviewing and examining occupational licenses in relation to the licensing process,
fee structure, educational requirements, and other aspects of these licenses as well as the
contribution of these occupations to the State’s economy. The Subcommittee on Export Trade
provides insight about New York’s international and domestic export experiences and how to
bolster future expansion of New York State business exports. These Subcommittees are chaired
by Members of Assembly Gina Sillitti and Marianne Buttenschon, respectively.
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II. FY 2021-2022 ECONOMIC DEVELOPMENT BUDGET INITIATIVES
Empire State Development and Department of Economic Development
The Committee has long advocated for policies that support and promote economic development
and job creation within the State. The New York State Budget provides funding for economic
development programs through allocations to the Department of Economic Development and the
Urban Development Corporation (doing business as Empire State Development). Funding
through these programs is typically provided in the form of loans, grants, tax credits and other
financial assistance to local governments, businesses, higher education institutions and not-for-
profit corporations to develop stable and growing local economies. The Committee supported
key initiatives to boost New York’s economy, create jobs and facilitate opportunities for all
business sectors in the State.
The enacted State Budget provided an All Funds appropriation of $691.32 million, an increase of
$608.08 million over the Executive proposal, for the Department of Economic Development.
Further, the budget provided an All Funds appropriation of $1.3 billion, an increase of $832.23
million over the Executive proposal, for the Urban Development Corporation. The dramatic
increases in funding during this fiscal year are due to a one-time infusion of funds from Federal
COVID-19 Pandemic relief. The following are highlights of some of the programs that are
funded to promote economic development and businesses in New York via the State Fiscal Year
2021-2022 Budget:
• COVID-19 Pandemic Small Business Recovery Package
o $800 million for the Small Business Recovery Grant Program, which will provide
support for small businesses negatively impacted by the COVID-19 pandemic;
o $600 million in federal revenue funds for a State Small Business Credit Initiative
(SSBCI) program, which would provide a mechanism to ensure federal aid is
effectively distributed to small businesses negatively impacted by the COVID-19
pandemic;
o $40 million for the Arts Recovery Grant Programs for Not-For-Profit arts and
cultural organizations;
o $25 million for the New York Restaurant Resiliency Grant Program to provide grants
to restaurants that offer meals to people in distressed or underrepresented
communities;
o $100 million for NY Theater tax credits; and
o $35 million for Restaurant return to work tax credits.
• Business Assistance
o $13.47 million for the Manufacturing Extension Partnership Program;
o $5 million for the High Technology Matching Grants Program;
o $921,000 for the Industrial Technology Extension Service Program;
o $5 million for the New York State Innovation Hot Spots/New York State Incubators;
o $3.4 million for the Urban and Community Development Program;
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o $1.495 million for the Community Development Financial Institutions (CDFI)
Program;
o $1.76 million for the Entrepreneurial Assistance Program (EAP);
o $2 million for the Minority- and Women-Owned Business Development and Lending
Program and for Minority- and Women-Owned Business Development;
o $1.382 million for Technology Development Organizations; and
o $343,000 Science and Technology Law Center.
• University-Based Programs
o $13.6 million for the 15 existing Centers for Advanced Technology (CATs), which
collaborate with New York companies on the development of new technologies and
products and create new businesses and high-quality jobs throughout the State; and
o $9.85 million for the 11 existing Centers of Excellence. The Centers are
collaborative public-private partnerships that commercialize scientific discoveries in
fields such as nanoelectronics, bioinformatics, photonics, environmental systems,
wireless applications and information technology.
• The following appropriations were approved in addition to the base funds:
➢ $375,000 for the creation of the Clarkson – SUNY ESF Center of Excellence
in Healthy Water Solutions;
➢ $1 million for the Center of Excellence in Precision Responses to
Bioterrorism and Disaster at New York Medical College; and
➢ $800,000 for the SUNY Albany Center of Excellence in the Data Science in
Atmospheric and Environmental Predictions and Innovation.
• The Legislature rejected the Executive funding proposal related to the
consolidation of the Centers of Excellence and Centers for Advanced Technology.
o $3 million for SUNY Polytechnic Institute College of Nanoscale Science and
Engineering and Rensselaer Polytechnic Institute focus centers; and
o The Legislature restored $745.67 million in reappropriations to support life science
initiatives and the Wadsworth Center Lab in the Capital Region.
• General Economic Development
o $220 million for the New York Works Economic Development Fund;
o $26.18 million for the Empire State Economic Development Fund;
o $15 million for the Market New York Program;
o $42.5 million for economic development initiatives of the State for promoting tourism
and expanding business investment and job creation and retention;
o $7.04 million for Western NY football retention;
o $2 million for the Empire State Entertainment and Diversity Job Training Program;
and
o $500,000 for a racial disparity study on the underutilization of minority and women
screenwriters.
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• Commerce, Regional Economic Development, Trade and Tourism
o $700,000 for in total support for CenterState CEO;
o $670,000 for the Stony Brook Medicine’s National Cancer Institute;
o $550,000 for the Bronx Overall Economic Development Corporation;
o $500,000 for Brooklyn Alliance, Inc.;
o $500,000 for the Queens Chamber of Commerce;
o $310,000 for the City of Amsterdam Urban Renewal Agency;
o $300,000 for the Brooklyn Chamber of Commerce;
o $275,000 in total support for the North Country Chamber of Commerce;
o $200,000 for Urban Upbound;
o $185,000 for the Trust for Governors Island;
o $165,000 for the Kingsbridge Riverdale Van Cortland Development Corp.;
o $150,000 for Association of Community Employment Programs;
o $100,000 for Adirondack North Country, Inc.;
o $100,000 for the Brooklyn Neighborhood Improvement Association;
o $100,000 for the Greater Harlem Chamber of Commerce;
o $100,000 for the Harlem Park to Park initiative;
o $100,000 for the Queens Economic Development Council;
o $100,000 for Syracuse JazzFest Productions, Inc.;
o $75,000 for the Capital Region Chamber of Commerce;
o $50,000 for the Sunnyside Shines Business Improvement District;
o $50,000 for the Bayside Business Association;
o $50,000 for the Brooklyn Chamber of Commerce’s Re-start Brooklyn Support and
Recovery Initiative;
o $50,000 for the Buffalo Niagara International Trade Gateway Organization;
o $50,000 for the Douglaston Local Development Corporation;
o $50,000 for the Floral Park Bellerose Indian Merchants Association, Inc.;
o $50,000 for the Flushing Business Improvement District;
o $50,000 for the Joint Bellerose Business District Development Corporation;
o $50,000 for the Staten Island Economic Development Corporation;
o $40,000 for the New York Women's Chamber of Commerce (NYWCC);
o $40,000 for the Orange County Chamber of Commerce;
o $25,000 for the Bronx Cooperative Development Initiative;
o $25,000 for the Citizens Committee of New York City;
o $25,000 for the Flatbush Development Corporation;
o $25,000 for the Haitian-American Business Network;
o $25,000 for the Hudson Valley Gateway Chamber of Commerce;
o $20,000 for the Women's Enterprise Development Center, Inc.; and
o $10,000 for the ITAC/Manufacturing Extension Partnership Center.
• Regional Economic Development Councils
The Governor’s 10 Regional Economic Development Councils (REDCs) initially developed and
implemented comprehensive Strategic Plans for their respective regions in 2019 and have
annually presented updated plans. These plans have played an important role in determining how
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millions of dollars in existing economic aid have been awarded through the State’s Consolidated
Funding Application (CFA). The REDCs were allocated another round of funding in the SFY
2020-2021 Budget, which consisted of up to $150 million to be awarded though a competitive
process in each region. An additional $100 million was allocated for a third round of the
Downtown Revitalization Initiative that will provide an additional 10 downtown neighborhoods
across the State with a $10 million award via a competitive process.
• Article VII
The enacted 2021-2022 State Fiscal Year Budget includes the following Article VII provisions
related to the Department of Economic Development and Empire State Development:
o The Legislature included a new proposal for direct grants and technical assistance to
small businesses, micro-businesses and for-profit arts and cultural entities through the
COVID-19 Pandemic Small Business Recovery Grant program. The grant program will
give priority to socially and economically disadvantaged business owners, minority- and
women-owned business enterprises, service-disabled veteran-owned businesses, veteran-
owned businesses, and businesses located in communities that were economically
distressed prior to the pandemic. (Note: Empire State Development opened the
application portal on June 10, 2021).
o The Legislature modified the Executive proposal to extend the general loan powers of the
New York State Urban Development Corporation by three years to a one-year extension
(July 1, 2021, to July 1, 2022).
o The Legislature modified the Executive proposal to authorize the New York State Urban
Development Corporation to administer the Empire State Economic Development Fund
by three years to a one-year extension (July 1, 2021 to July 1, 2022).
o The Legislature modified the Executive proposal to extend the Economic Transformation
and Facility Redevelopment Program tax credits for five years (December 31, 2026).
o The Legislature modified the Executive proposal to establish a child care credit
component to the Excelsior Jobs Program and to expand the Employer Provided Child
Care Credit, to allow additional businesses to participate in the Excelsior program if they
provide child care for their employees and to establish new reporting requirements related
to the new credits.
o The Legislature modified the Executive proposal to extend tax credits for restaurants and
New York City musical and theatrical productions as they reopen for business through
the Pandemic Recovery and Restart Program.
o The Legislature rejected the Executive proposal to consolidate the Centers of Excellence
(COE) and Centers of Advance Technology (CAT) Programs into one CAT program and
would have repealed the statutory authorization for the COE program and eliminate it
completely as of April 1, 2023.
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New York State Liquor Authority
The enacted 2021-2022 State Fiscal Year Budget provided the State Liquor Authority (SLA), the
entity charged with enforcing the provisions of the Alcoholic Beverage Control Law in New
York State, with $59.31 million in the State Operations budget, an increase of $8.55 million over
the Executive Budget. The SLA did not receive any allocations through the Capital or Aid to
Localities budgets.
• State Operations
o $13.31 million was allocated to the SLA operations related to licensing, oversight and
enforcement alcoholic beverage industry; and
o $46 million was allocated to support the operations of the newly established Cannabis
Management Program (Chapter 92, Laws of 2021), for a total of $46 million.
• Article VII
The enacted 2021-2022 State Fiscal Year Budget did not include the following Article VII
provision related to the State Liquor Authority:
o The Executive’s proposal to make permanent the statutory authority for the State
Liquor Authority (SLA) to issue Statewide temporary retail permits, including New
York City, and to provide the SLA with new statutory authority to issue temporary
manufacturing permits for prospective licensees statewide.
o The Executive’s proposal that would authorize movie theatres to sell alcoholic
beverages during motion pictures.
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III. IMPROVING NEW YORK’S ECONOMY AND CREATING JOBS
The Committee plays an important role in facilitating economic development policy in
the State with an overarching objective to ensure an equitable and inclusive economy. The
State’s role should be to partner with local governments and the private sector to grow regional
economies and to focus its incentives to support clusters such as emerging high-technology
industries in New York. The Committee supports legislation that focuses economic development
efforts toward assisting companies that retain and create jobs and contribute to the economic
stability and revitalization of communities across New York. Companies that seek and receive
State financial assistance should commit to retain or create jobs in their communities. Where
appropriate, the State should seek to leverage resources and help emerging industries, thereby
supporting the growth of specialized clusters in growing fields of employment.
The Committee’s primary responsibility in the area of the Alcoholic Beverage Control
(ABC) Law is to ensure the safe and lawful manufacturing, distribution and sale of alcoholic
beverages in the State. In addition, the Committee has recognized the changing market for
alcohol products in relation to agri-business and tourism. New York State has committed to
utilizing New York’s farm products to produce alcoholic beverages and encourage the expansion
of local craft beverage markets. The Committee will continue its review of the ABC Law to
ensure the law is supporting a market that functions best, and in a balanced manner, for
consumers and businesses. The Committee will support legislation that ensures communities
have adequate information and notice as they make decisions about the future of cannabis,
alcoholic beverage manufacturing businesses and retail establishments located in their
neighborhoods.
The following is a list of legislation advanced by the Committee in 2021:
o Removing Old Blue Law Prohibition Related to Barbering:
This law repeals existing law prohibiting individuals from using their barber’s license on
a Sunday. (A.436, Jones, Chapter 240, Laws of 2021)
o Encouraging Minorities and Women to Pursue Careers in Science, Technology,
Engineering, and Mathematics (STEM):
This law authorizes the Urban Development Corporation (UDC) to conduct a study, in
collaboration with the Departments of Education and Labor, related to determining the
amount of financial, technical or any other assistance, needed to encourage women and
minorities to pursue technology careers in science, technology, engineering and
mathematics (STEM). The report on the study’s findings, recommendations and
conclusions would be delivered to the Governor, the Temporary President of the Senate,
and the Speaker of the Assembly no later than December 31, 2022, and annually
thereafter. (A.530-B, Rosenthal, L., Chapter 757, Laws of 2021, Approval Message 119)
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o Assisting License and Permit Applicants:
This law will require that the New York State Liquor Authority (SLA) make available on
its public website a daily updated list of all open license and permit applications it
received, as well as the anticipated length of time that such applications would be
processed. This law requires that the applicant be notified if estimated processing times
were to change. This bill also requires the SLA to provide applicants with a receipt within
15 days indicating that the application has been received and an estimated time for
completion. (A.597, Woerner, Chapter 719, Laws of 2021, Approval Message 90)
o Listing Certificates of Authority:
This law effectuates amendments to Chapter 367 of the Laws of 2020 (Approval Message
64). Specifically, this law requires the Department of Taxation and Finance to create and
maintain a publicly accessible, searchable database containing the Certificate of
Authority (COA) number and any corresponding identifying information for each vendor
in the state by January 1, 2022. The original Chapter would have required COA’s to be
printed on State Liquor Authority issued licenses; however, this new searchable database
is an alternative way to verify a COA as provided for in the original Chapter. (A.956,
Jean-Pierre, Chapter 3, Laws of 2021)
o Establishing A Strategic Investment In Workforce Development Program:
This bill would create the Strategic Investment Workforce Development Program and
would have the Urban Development Corporation collaborate with the Department of
Labor, the Department of Economic Development, the State University of New York, the
City University of New York and the State Education Department to identify the training
needs of employers, employees and perspective employees, as well as identify areas of
the state where there is a shortage of skilled workers and identify ways to strengthen
prospective employees.
Eligible applicants for the program would include an employer or consortium of
employers, a not-for-profit, an educational entity, a program that provides training and
skill development for youth or individuals who are unemployed, or an entity that
promotes and fosters economic development and job growth. Eligible applicants would
be directed to use funds for costs associated with strategic workforce development
training and skills development. Twenty percent of all funds made available would be
required to assist small businesses and minority- and women-owned businesses.
The corporation would be required to report to the Legislature by June 30, 2023, and
annually thereafter as well as provide an independent evaluation of the program by June
30th, 2023, and every three years thereafter. (A.1011, Bronson, Committee on Ways and
Means)
10
o Promoting Export Trade:
This bill would require Empire State Development to provide business assistance for
export trade development by promoting projects designed to encourage and assist
businesses, industrial firms, or industry groups to engage in export trade regionally and
globally, as well as to coordinate with other State economic development programs.
(A.1177, Buttenschon, Passed Assembly)
o Extending License Credits to Businesses Affected By COVID-19:
This bill would authorize any on-premises licensee and any manufacturing licensee with
on-premises retail privileges, to receive a credit to the next renewal of their license on a
pro-rata basis for each inactive day, up to a maximum of 365 days. The bill would define
an inactive day as each day between March 7, 2020 and March 7, 2021 that, due to the
COVID-19 pandemic or the government response to the pandemic, the licensee i) was
closed, or ii) ceased all on-premise retail business functions that require a license under
the alcoholic beverage control law. To claim the credit, licensees would have to
document to the SLA, the number of inactive days up to a maximum of 365-days that
they are claiming for a credit to be added to their next retail on-premise license renewal.
(A.1235-A, Buttenschon, Committee on Ways and Means)
o Authorizing Process Servers In New York City to Use An Electronic Logbooks:
This bill would give process servers in New York City the choice to manually record
attempts in a logbook or use an electronic logbook. This bill would make it illegal for any
process server to tamper with a record and if an entry has an error, it must be amended by
a third-party contractor in the electronic system with the original copy being saved and
changes being noted on the document. Finally, this bill would require that an electronic
back-up be generated daily. (A.1713-A, Pretlow, Committee on Rules)
o Authorizing The Sale and Consumption Of Alcoholic Beverages Inside Motion
Picture Theatres:
This bill would create a special license to authorize the sale and consumption of alcoholic
beverages (beer, wine, cider, mead) inside motion picture theatres. Specifically, this bill
would: define a motion picture theatre as open 5 out of 7 days on a regular basis (for at
least 6 contiguous weeks) with auditorium seating permanently affixed to the floor, 65%
of gross receipts are from the sale of tickets, food, and non-alcoholic beverages; offer
food, typically found at motion picture theatres (popcorn, candy and light snacks), and
open to the public; exclude motion picture theatres located in a city with a population of a
million or more; allow only two drinks per ticket to someone 21-years of age or older
with proof of age; require that alcoholic beverages can't be served for movies until 4 p.m.
and end after the last showing; require an applicant to submit an alcoholic beverage
control plan as part of the complete application process; limit consumption to screening
rooms that are limited to patrons aged 17 or older unless accompanied by a parent or
adult guardian; requires for an application to be deemed complete the municipality would
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have to provide written notice of no objection; and include a severability clause. (A.2452-
A, Fahy, Passed Assembly)
o Standardizing factors considered by the New York State Liquor Authority when
licensing:
This bill would establish a consistent standard with respect to the factors that may be
considered by the State Liquor Authority (SLA) when determining whether public
convenience, advantage, and interest will be promoted by the grant of a specific on-
premises liquor license to a particular applicant. The bill would also require that before
issuing a license within 500 feet of three or more existing licensed establishments, the
SLA consider any formal communication received from the municipality or community
board. (A.3143, Epstein, Assembly 3rd Reading)
o Evaluating State Technical Assistance Services to Communities With
Predominantly Minority Populations:
This bill would require an evaluation study to be performed on programs overseen by the
Urban Development Corporation (UDC) and any other programs funded with State
money that provide technical assistance services to communities with predominantly
minority populations. Further, this bill would require the UDC to partner with not-for-
profit organizations to provide technical assistance if any gaps in the coverage are found
in minority communities. (A.3169, Cook, Committee on Ways and Means)
o Expanding Excelsior Jobs Program to Include Distributed Ledger Technology
Businesses:
This bill would amend the Economic Development Law to add "distributed ledger
technology" into the definitions of businesses engaged in "financial services data centers
or financial services customer back-office operations" and "software development" with
in the Excelsior Jobs Program. For the purposes of this section "distributed ledger
technology" means a mathematically secured, chronological, and decentralized consensus
ledger or database, whether maintained via Internet interaction, peer-to-peer network, or
otherwise used to authenticate, record, share and synchronize transactions in their
respective electronic ledgers or databases.
This bill would also require, during the application and approval process that the
commissioner of the Department of Economic Development strive for broad regional
geographic representation within the program. The Commissioner would also be directed
to promote diverse ownership and workforces of participating businesses through
outreach to businesses owned by people with disabilities, minority- and women-owned
businesses and veteran-owned businesses. (A.3813, Vanel, Committee on Ways and
Means)
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o Prohibiting Zone Pricing of Retail Gasoline:
This bill would clarify the definition of zone pricing and expand the prohibition on zone
pricing to cover dealers of retail motor fuel. The bill would also authorize a wholesaler
or dealer to bring court action to enjoin a violation of zone pricing. (A.4112, Thiele,
Passed Assembly)
o Promoting Personal Protective Equipment Manufactured In New York State:
This bill would require the Empire State Development Corporation (ESD) to develop and
implement a public awareness campaign promoting New York State manufacturers of
personal protective equipment. Within 90-days of the effective date, ESD would be
required to implement a public awareness campaign could include, but not limited to,
internet, radio, and print advertising such as brochures, billboards, and posters. This bill
would also require annual report starting on or before December 1st of each year.
(A.4384, Stirpe, Vetoed, Message number 53)
o Including Community Significant Projects as Eligible to Receive Excelsior Jobs
Program Tax Credits:
This bill would include demolition and remediation costs as a qualified investment if the
costs were incurred and paid in leased buildings by businesses in a public housing
development. This bill would define a "community significant project" as: a business
creating or retaining current jobs, with an emphasis on employment and/or training of
current public housing residents; is currently located or to be located in existing leased
space of a building in a public housing development in the state that is owned and
operated by a public housing authority and which makes significant qualified capital
investments to start a business, or improve services and working conditions for an
existing business, when located in such public housing space; and creates at least five
new net jobs or retains current jobs or makes qualified capital investments to the space of
the a building of one million dollars or more. Further, this bill would establish
community significant projects as eligible to receive Excelsior Jobs Program tax credits.
(A.5457, Joyner, Committee on Ways and Means)
o Authorizing Credit Unions Participation in Excelsior Linked Deposit Program:
This bill would authorize credit unions to participate in the Excelsior Linked Deposit
Program. Credit unions would have the same meaning as currently provided New York
State Banking Law or any federal credit union. Finally, this bill would authorize credit
unions to accept monies deposited by the Commissioner of Taxation and Finance or the
Comptroller as linked deposits, make linked loans and accept repayment of such loans.
(A.5459, Darling, Chapter 495, Laws of 2021)
13
o Authorizing the State Liquor Authority to Provide Cure Period:
This law amends the Alcoholic Beverage Control Law (ABCL) to provide State Liquor
Authority (SLA) with the ability to provide a cure period or other opportunity for
ameliorative action for a first-time violation of the ABCL, or an authority rule or
regulation, if such violation is related to administrative or paperwork issues. These first-
time violations would need to be determined by the SLA to be de minimus in nature, and
would not endanger health, safety, environment, or other protections provided in law.
Such cure period would provide SLA licensed individuals the opportunity to take
ameliorative action to correct the violation and upon the successful correction would
prevent the imposition of penalties on the party or parties subject to enforcement of such
violation. (A.5972, Bronson, Chapter 738, Laws of 2021, Approval Message 105)
o Assisting a Business in Sullivan County:
This law authorizes the State Liquor Authority to issue an on-premise liquor license to a
business located in Sullivan County that is within 200 feet of a religious institution.
(A.6203, Gunther, Chapter 356, Laws of 2021)
o Assisting a Business in Saratoga County:
This law authorizes the State Liquor Authority to issue an on-premise liquor license to a
business located in Saratoga County that is within 200 feet of a religious institution.
(A.6236, Woerner, Chapter 362, Laws of 2021)
o Supporting Growth Of The Caregiving Industry:
This law requires the Commissioner of the Department of Economic Development, in
consultation with the Department of Health, Department of Labor, the Office of Children
and Family Services and any other entity to study, develop and propose how to
implement a long-term strategy to support the growth of the caregiving industry in New
York State. Specifically, this law will analysis of the support needed to: expand the
caregiving industry; develop, recruit, and retain a skilled workforce; and innovation and
new modes of delivering caregiving.
The law defines the care industry to include, but not be limited to: direct care, home care,
child care, adult care, private and non-profit nursing homes and residential facilities, and
other entities that support formal and informal caregiving, as the commissioner shall
deem necessary and appropriate.
Further the study findings and recommendations required by this law will have to be
reported to the Governor, the Temporary President of the Senate and the Speaker of the
Assembly within one year of the enactment. (A.6590-B, Kelles, Chapter 744, Laws of
2021)
14
o Extending License Credits To Businesses Affected By COVID-19 At The State Fair:
This law authorizes the State Liquor Authority to provide on-premise retailers and
manufacturers with on-premise retail privileges a one-time credit for license or permit
fees that were paid in calendar year 2020 to sell alcoholic beverages on the New York
State Fairground or at the canceled 2020 New York State Fair. Such credit could only be
used if the licensee were applying or renewing a current license to sell alcoholic
beverages on the State Fairground or at the State Fair. Further, under this law licensees
would not be able to claim a credit for these fees, if they claimed such fees under another
applicable provision of law. The definition for State Fairground and New York State Fair
is the same as provided in Agriculture and Markets law. (A.7411-A, Hunter, Chapter
651, Laws of 2021)
o Authorizing The State Liquor Authority to Issue Temporary Retail Permit:
This law extends for one year the existing statute authorizing the State Liquor Authority
to issue temporary retail permits to applicants while the license application is pending
outside of New York City and liquidator's permits. This law provides this authorization to
applicants until October 12, 2022. (A.7418, Conrad, Chapter 375, Laws 2021)
o Extending the Powers and Duties of the Chair of the State Liquor Authority:
This law extends the administrative and executive functions of the State Liquor Authority
(SLA) which are centralized and vested with the Chairman. Such functions include
budgetary and fiscal matters, appointments, development of alcohol awareness and
training programs, and reporting requirements. This law extends such provisions relating
to the power and authority of the Chairman of the SLA for an additional three years from
July 18, 2021 until July 18, 2024. (A.7435, Jones, Chapter 124, Laws of 2021)
o Helping Certified Service-Disabled Veteran-Owned Business Enterprises to
Participate In The Excelsior Linked Deposit Program:
This bill would amend State Finance Law provisions governing the Excelsior Linked
Deposit Program to enable certified Service-Disabled Veteran-Owned Business
Enterprises to participate in the Excelsior Linked Deposit program. Specifically, this bill
would define "certified Service-Disabled Veteran-Owned Business Enterprise" to have
the same meaning as it does in Executive Law. This bill would also add certified
Service-Disabled Veteran-Owned Business Enterprises as eligible to receive project
support through the program as well as receive reduced interest rates through the linked
deposit program for loans and loan renewals. (A.7728, Stern, Passed Assembly)
o Extending Cocktails for Delivery or Takeout:
This bill would authorize a retail licensee for on-premises consumption or a manufacturer
with retail on-premises consumption privileges to sell for takeout or deliver alcoholic
beverages for consumption off the premises for one-year. Specifically, this bill would
15
authorize the takeout or delivery for off-premise consumption alcoholic beverages with a
meal or entrée, in limited quantities and in sealed containers. (A.7732, Cymbrowitz,
Committee on Codes)
o Extending SLA licensed On-Premised Retailers to Use Municipal Outdoor Space:
This law provides retailers, such as restaurants and taverns, which are licensed to sell
alcoholic beverages for on-premises consumption, to apply to the Authority to operate on
municipal property for the purposes of outdoor dining using a simplified process.
Licensees must have temporary use permits from the municipality for the use of such
space. A municipal temporary use permit issued to a licensee to use both contiguous and
non-contiguous municipal space would be deemed sufficient documentation to
demonstrate that control of the property for the purposes of this act and the Alcoholic
Beverage Control Law (ABCL). (A.7733, Fahy, Chapter 238, Laws of 2021, Approval
message 11)
16
IV. 2021 PUBLIC HEARINGS/ROUNDTABLES
On December 13, 2021, the Assembly Standing Committee on Economic Development, Job
Creation, Commerce and Industry; Assembly Standing Committee on Higher Education;
Assembly Standing Committee on Labor; Assembly Standing Committee on Small Business;
and the Assembly Commission on Skills Development and Career Education held a joint hearing
to examine the overall impact and implementation of the enacted 2021-2022 State Budget as it
relates to direct and indirect funding of workforce development programs administered and/or
funded by various State entities. Specifically, the hearing sought information on the effectiveness
of workforce development programs funded through the enacted 2021-2022 State Budget which
provided both direct and indirect funding for workforce development programs funded and
administered through the Department of Economic Development, Empire State Development
Corporation (d.b.a. Urban Development Corporation), and Department of Labor, as well as
programs administered through New York State institutions of higher education. During this
time, the COVID-19 pandemic has had a disproportional impact on the unskilled labor force,
women, underserved or otherwise marginalized communities who have historically been on the
economic sidelines.
The hearing highlighted that it is essential that any State funds expended to help stimulate the
economy and job creation by businesses and not-for profit employers also meet the needs of
those seeking new skills and training opportunities in a manner that promotes an equitable and
inclusive post-pandemic economic recovery. During the hearing, Members of the Committees
and Commission sought information as to the overall effectiveness of the workforce
development programs funded in this year’s enacted 2021-2022 State Budget and administered
by various State entities as well as recommendations to improve and enhance these programs,
including ensuring that such workforce development programs equitably and inclusively meet
the needs of both employers and current and potential workers. Finally, the Committees and
Commission sought information related to what lessons may be learned from the last economic
crisis and applied to the current workforce development programs funded and administered by
the State.
17
V. OUTLOOK FOR 2022
During the 2021 Legislative Session, the Committee oversaw the gradual re-opening of New
York’s Economy and the issues facing businesses in all sectors as they re-engaged in their core
business operations. Every business, no matter the size or nature of its operations, has been
affected by COVID-19 and the State’s response to keep our citizens safe. The Committee will
need to continue to review the impacts associated with and lessons learned from COVID-19 and
the State’s response.
The priority focus areas of the Committee on Economic Development during the next session,
both legislatively and budgetary, will include measures that seek to ensure economic recovery is
both equitable and inclusive of those individuals that have been left on the economic sidelines,
especially those from marginalized communities. The COVID-19 pandemic had a
disproportionate impact on the unskilled labor force, women, underserved, or otherwise
marginalized communities who have historically been on the economic sidelines. Priorities will
include:
• Expanding and improving workforce development strategies within economic policy. To
this end, the Committee will focus on expanding work training and employment
programs, as well as coordinating workforce development throughout State policy
development, implementation, and funding. To ensure that existing State programs,
across agencies and other State entities, are coordinated, promoted and accessible to
employers and workers. Importantly, we will work to ensure workforce development
strategies are aligned with job availability as well as meeting industry needs.
• Re-examine existing State economic development programs and incorporate inclusive
workforce development policies that are not just about counting job numbers but creating
opportunities for true career development and up-skilling those that are unemployed and
underemployed and to align funding priorities with the needs of those individuals by
supporting additional funding for apprenticeships, skills training, and other career
pathways to enhance their skills and give them the ability to thrive economically;
• Improving transparency through committee’s oversight role. The Committee is
responsible for legislation that affects economic development and business regulation
throughout the State but also has an oversight role of the State’s various economic
development agencies, authorities, and programs that notably impact the State’s overall
economic health; and
• Providing support and oversight of the new adult-use cannabis industry in New York
State, especially related to reviewing the evolving regulatory structure necessary to
implement the licensure of the manufacturing, distribution, and retail sale of adult-use
cannabis.
18
APPENDIX A
2021 SUMMARY OF ACTION ON ALL BILLS REFERRED TO THE COMMITTEE ON
ECONOMIC DEVELOPMENT, JOB CREATION, COMMERCE, AND INDUSTRY
TOTAL NUMBER OF COMMITTEE MEETINGS HELD _7___
Assembly Senate Total
BILLS REPORTED FAVORABLE TO: Bills Bills
Codes 7 0 7
Judiciary
0 0 0
Ways and Means
13 0 13
Rules
2 0 2
Floor
4 0 4
TOTAL
26 0 26
COMMITTEE ACTION
Held For Consideration 0 0 0
Defeated 0 0 0
Enacting Clause Stricken 5 0 5
REMAINING IN COMMITTEE 145 23 168
BILLS REFERENCE CHANGED TO:
Codes- 4
Social Service- 1
Corporations, Authorities and Commissions -1
Ways and Means - 2
TOTAL 8 0 8
19
APPENDIX B
COMMITTEE ON ECONOMIC DEVELOPMENT, JOB CREATION, COMMERCE
AND INDUSTRY
2021 Bills Considered (Chapters/Vetoes are included in Appendix C)
Last
Assembly Senate Description
Assembly
Bill # Bill #
Action
This bill would create the strategic investment
workforce development program and would have the
Urban Development Corporation collaborate with the
Department of Labor, the Department of Economic
Development, the State University of New York, the
A.1011 Ways and
No Same As City University of New York and the State Education
Bronson Means
Department to identify the training needs of employers,
employees and perspective employees, as well as
identify areas of the state where there is a shortage of
skilled workers and identify ways to strengthen
prospective employees.
This bill would require Empire State Development to
provide business assistance for export trade
development by promoting projects designed to
A.1177 S.5238 Passed
encourage and assist businesses, industrial firms, or
Buttenschon Kaplan Assembly
industry groups to engage in export trade regionally and
globally, as well as to coordinate with other State
economic development programs.
This bill would authorize any on-premises licensee and
any manufacturing licensee with on-premises retail
A.1235-A S.3877-A Ways and
privileges, to receive a credit to the next renewal of
Buttenschon Griffo Means
their license on a pro-rata basis for each inactive day,
up to a maximum of 365 days.
This bill would give process servers in New York City
A.1713-A
No Same As Rules the choice to manually record attempts in a logbook or
Pretlow
use an electronic logbook.
This bill would create a special license to authorize the
A.2452-A Passed
No Same As sale and consumption of alcoholic beverages (beer,
Fahy Assembly
wine, cider, mead) inside motion picture theatres.
20
Last
Assembly Senate Description
Assembly
Bill # Bill #
Action
This bill would establish a consistent standard with
respect to the factors that may be considered by the
State Liquor Authority (SLA) when determining
whether public convenience, advantage, and interest
Assembly
A.3143 S.3117 will be promoted by the grant of a specific on-premises
3rd Reading
Epstein Kavanagh liquor license to a particular applicant. The bill would
Calendar
also require that before issuing a license within 500 feet
of three or more existing licensed establishments, the
SLA consider any formal communication received from
the municipality or community board.
This bill would require an evaluation study to be
performed on programs overseen by the Urban
A.3169 S.4419 Ways and Development Corporation (UDC) and any other
Cook Parker Means programs funded with State money that provide
technical assistance services to communities with a
predominantly minority populations.
This bill would add "distributed ledger technology" into
the definitions of businesses engaged in "financial
A.3813 S.1800 Ways and
services data centers or financial services customer
Vanel Savino Means
back-office operations" and "software development"
with in the Excelsior Jobs Program.
This bill would clarify the definition of zone pricing
and expand the prohibition on zone pricing to cover
A.4112 S.6255 Passed
dealers of retail motor fuel. The bill would also
Thiel Thomas Assembly
authorize a wholesaler or dealer to bring court action to
enjoin a violation of zone pricing.
This bill would include demolition and remediation
costs as a qualified investment if the costs were
incurred and paid in leased buildings by businesses in a
A.5457 S.2232 Ways and
public housing development. This bill would define a
Joyner Sepulveda Means
"community significant project” and would establish
community significant projects as eligible to receive
Excelsior Jobs Program tax credits.
This bill would amend State Finance Law provisions
governing the Excelsior Linked Deposit Program to
A.7728 S.7068 Passed
enable certified Service-Disabled Veteran-Owned
Stern Brooks Assembly
Business Enterprises to participate in the Excelsior
Linked Deposit program.
21
Last
Assembly Senate Description
Assembly
Bill # Bill #
Action
This bill would authorize a retail licensee for on-
premises consumption or a manufacturer with retail on-
A.7732 S.589-A
Codes premises consumption privileges to sell for takeout or
Cymbrowitz Benjamin
delivery alcoholic beverages with a meal or entrée, in
limited quantities and in sealed containers.
22
APPENDIX C
COMMITTEE ON ECONOMIC DEVELOPMENT, JOB CREATION, COMMERCE
AND INDUSTRY
2021 Chapters/Vetoes
Assembly Senate
Chapter # Description
Bill # Bill #
This law repeals existing law the prohibiting
A.436 S.3812 Chapter 240
individuals from using their barber’s license
Jones Griffo Laws of 2021
on a Sunday.
This law authorizes the Urban Development
Corporation (UDC) to conduct a study, in
Chapter 757 collaboration with the Departments of
Laws of 2021 Education and Labor, related to determining
A.530-B S.531-B
the amount of financial, technical or any
L. Rosenthal Kaplan
Approval other assistance, needed to encourage
Message 119 women and minorities to pursue technology
careers in science, technology, engineering
and mathematics (STEM).
This law requires that the New York State
Liquor Authority (SLA) make available on
its public website a daily updated list of all
open license and permit applications it
Chapter 719 received, as well as the anticipated length of
Laws of 2021 time that such applications would be
A.597 S.5764
processed. This law requires that the
Woerner Ryan
Approval applicant be notified if estimated processing
Message 90 times were to change. This law also requires
the SLA to provide applicants with a receipt
within 15 days indicating that the application
has been received and an estimated time for
completion.
This law effectuates amendments to Chapter
367 of the Laws of 2020 (Approval Message
64). Specifically, this law requires the
Department of Taxation and Finance to
A.956 S.891 Chapter 3
create and maintain a publicly accessible,
Jean-Pierre Kaminsky Laws of 2021
searchable database containing the
Certificate of Authority number and any
corresponding identifying information for
each vendor in the state by January 1, 2022.
A.4384 S.30 Vetoed This bill would require the Empire State
Stirpe Kaplan Message No. 53 Development Corporation (ESD) to develop
23
Assembly Senate
Chapter # Description
Bill # Bill #
and implement a public awareness campaign
promoting New York State manufacturers of
personal protective equipment.
This law authorizes credit unions to
A.5459 S.191 Chapter 495
participate in the Excelsior Linked Deposit
Darling Sanders Laws of 2021
Program.
This law amends the Alcoholic Beverage
Control Law (ABCL) to provide State
Chapter 738
Liquor Authority (SLA) with the ability to
Laws of 2021
A.5972 S.5979 provide a cure period or other opportunity
Bronson Skoufis for ameliorative action for a first-time
Approval
violation of the ABCL, or an authority rule
Message 105
or regulation, if such violation is related to
administrative or paperwork issues.
This law authorizes the State Liquor
Authority to issue an on-premise liquor
A.6203 S.5695 Chapter 356
license to a business located in Sullivan
Gunther Martucci Laws of 2021
County that is within 200 feet of a religious
institution.
This law authorizes the State Liquor
Authority to issue an on-premise liquor
A.6236 S.6019 Chapter 362
license to a business located in Saratoga
Woerner Jordan Laws of 2021
County that is within 200 feet of a religious
institution.
This law requires the Commissioner of the
Department of Economic Development, in
consultation with the Department of Health,
Department of Labor, the Office of Children
A.6590-B S.4652-B Chapter 744
and Family Services and any other entity to
Kelles May Laws of 2021
study, develop and propose how to
implement a long-term strategy to support
the growth of the caregiving industry in New
York State.
This law authorizes the State Liquor
Authority to provide on-premise retailers and
manufacturers with on-premise retail
A.7411-A S.6465-A Chapter 651
privileges a one-time credit for license or
Hunter May Laws of 2021
permit fees that were paid in calendar year
2020 to sell alcoholic beverages on the New
York State Fairground or State Fair.
This law extends for one year the existing
A.7418 S.6614 Chapter 375 statute authorizing the State Liquor
Conrad Kaplan Laws of 2021 Authority to issue temporary retail permits to
24
Assembly Senate
Chapter # Description
Bill # Bill #
applicants while the license application is
pending outside of New York City and
liquidator's permits. This extension will
expire on October 12, 2022.
This law extends the administrative and
executive functions of the State Liquor
Authority (SLA) which are centralized and
Chapter 124
A.7435 S.6641 vested with the Chairman. This law extends
Laws of 2021
Jones Skoufis such provisions relating to the power and
authority of the Chairman of the SLA for an
additional three years from July 18, 2021,
until July 18, 2024.
This law provides retailers, such as
Chapter 238 restaurants and taverns, which are licensed to
Laws of 2021 sell alcoholic beverages for on-premises
A.7733 S.6353-A
consumption, to apply to the Authority to
Fahy Persaud
Approval operate on municipal property for the
Message 11 purposes of outdoor dining using a
simplified process.
25
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