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2021 Annual Report — New York State Assembly Standing Committee on Small Business

Summary

The 2021 Annual Report of the New York State Assembly Standing Committee on Small Business, chaired by Albert A. Stirpe, Jr., with a transmittal letter to Speaker Carl E. Heastie dated December 15, 2021. The letter says pandemic recovery programs totaled approximately $1.5 billion, including the $800 million Small Business Recovery Grant Program. The report notes that the Committee reported eight bills favorably in the 2021 session, and its budget section lists $800 million for the grant program, $600 million for a State Small Business Credit Initiative program, $25 million for the New York Restaurant Resiliency Grant Program, $100 million for NY Theater tax credits and $35 million for Restaurant Return to Work tax credits. Appendices list the 2021 summary, chapters of 2021 and additional bills reported.

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“2021 Annual Report — New York State Assembly Standing Committee on Small Business.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/102088-20220525-0102088-3ee8212dbf/, SHA-256 f02fdd210024567700d5c43afc7d8bfbc7fa01be459e9678a12561829d32eec3.

Full text

ANNUA L
R E POR T
    202 1
 CARL E. HEASTIE, SPEAKER
ALBERT A. STIRPE, JR., CHAIR




           NEW YORK STATE ASSEMBLY
             COMMITTEE ON SMALL BUSINESS
                                                                  THE ASSEMBLY
                                                                                                                                           CHAIR
                                                            STATE OF NEW YORK                                                           Small Business

                                                                          ALBANY                                                       COMMITTEES
                                                                                                                                         Agriculture
                                                                                                                                  Alcoholism & Drug Abuse
                                                                                                                             Economic Development, Job Creation,
                                                                                                                                  Commerce and Industry
 ALBERT A. STIRPE, JR.                                                                                                                Higher Education
Assemblyman 127th District



          December 15, 2021

          Honorable Carl Heastie, Speaker
          New York State Assembly
          Legislative Office Building, Room 932
          Albany, New York 12248

          Dear Speaker Heastie:

                  I am pleased to submit the 2021 Annual Report of the Assembly Standing Committee on
          Small Business. Throughout the 2021 Legislative Session, the Committee remained dedicated to
          addressing the needs of small businesses by passing legislation designed to aid them in light of
          the current challenging marketplace.

                  This past session, the Small Business Committee worked to ensure the needs of New
          York small businesses were met given the unique challenges presented by the pandemic.
          Pandemic Recovery Programs totaled approximately $1.5 billion, including the $800 million
          Small Business Recovery Grant Program. Looking ahead, in hopes that the challenges brought
          by the height of the pandemic are behind us, the Committee looks forward to focusing on
          maintaining small businesses and preparing for post-pandemic recovery. The Committee has
          addressed pandemic-related challenges in addition to its typical work on legislation designed to
          stimulate small and entrepreneurial business growth, help small businesses to prevent pollution,
          promote minority- and women-owned business development, and provide available resources for
          these entrepreneurs.

                  The Committee will continue to examine the full range of issues affecting the needs of
          small businesses. I join my colleagues in commending you for your continued commitment to
          supporting small businesses. The Committee looks forward to a productive legislative session of
          persistent efforts so that we can continue to rebuild and create a healthy environment for small
          business prosperity across New York State.


                                                                            Sincerely,




                                                                              Al Stirpe, Chair
                                                                              Committee on Small Business
                             DISTRICT OFFICE: 7293 Buckley Road, Suite 201, N. Syracuse, New York 13212 • 315-452-1115, FAX 315-452-1119
                             ALBANY OFFICE: Room 622, Legislative Office Building, Albany, New York 12248 • 518-455-4505, FAX 518-455-5523
                                                                EMAIL: stirpea@nyassembly.gov

                                                                                  1
                                       2021
                                  ANNUAL REPORT

                         NEW YORK STATE ASSEMBLY
                   STANDING COMMITTEE ON SMALL BUSINESS

                                       Al Stirpe
                                       Chairman


                                 Committee Members



Majority                                               Minority

José Rivera                                           David DiPietro
Victor Pichardo                                       Kieran Michael Lalor
Carrie Woerner                                        Marjorie Byrnes
Diana Richardson                                      Brian Manktelow
Inez Dickens
Billy Jones
Taylor Darling
Catalina Cruz
Chantel Jackson
Sarah Clark
Jenifer Rajkumar




                                          Staff

               Giovanni Warren, Assistant Secretary for Program and Policy
                           Patrick Totaro, Associate Counsel
                              Matthew Richmond, Analyst
                   Nicole VanAuken, Program and Counsel Secretary
                            Justin Perkins, Committee Clerk
                                            2
                                                             TABLE OF CONTENTS


I. INTRODUCTION, COMMITTEE JURISDICTION AND ACTIVITY .............................4

II. 2021-2022 SMALL BUSINESS BUDGET OUTCOME .......................................................5

III. ISSUES BROUGHT THROUGH COMMITTEE IN 2021

     A.   REGULATORY REFORM ..............................................................................................7
     B.   BUSINESS ASSISTANCE ................................................................................................7

IV. HEARINGS ..............................................................................................................................8

V. OUTLOOK FOR 2022..............................................................................................................9

APPENDIX A: 2021 SUMMARY SHEET ................................................................................10

APPENDIX B: CHAPTERS OF 2021........................................................................................11

APPENDIX C: ADDITIONAL BILLS REPORTED IN 2021 ................................................12




                                                                                3
               I.      INTRODUCTION, COMMITTEE JURISDICTION AND ACTIVITY

New York’s small business sector continues to prove itself to be the cornerstone of the State’s economy, which has
been pushed to its limits through the COVID-19 Pandemic that ravaged the State this year. Small businesses are
defined in State law as those employing 100 or fewer people. According to the U.S. Department of Commerce,
over 632,000 enterprises qualify as small businesses under New York State law, comprising 96 percent of the
State’s established firms. The small business sector in New York includes industries such as construction, retail,
technology-related and health care services among many others, with a large share of owners from New York’s
minority and female community.

The pandemic dealt a deep and comprehensive blow to our small businesses. We continued our efforts from last
year to keep as many small businesses open as possible. This year we also started to look beyond survival and
towards recovery. The Committee has shifted its priority to helping small businesses get back on their feet and get
their employees back to work. Additionally, the Committee continues to promote existing financial assistance
programs and legislation to improve access to credit and technical services for small businesses and Minority- and
Women-owned Business Enterprises.

The Committee works closely with a number of State agencies and entities to ensure they are serving the needs
of the small business community, including the Department of Economic Development and the Empire State
Development Corporation, which are the State’s chief economic development entities. The Committee also
provides oversight of the Small Business Development Centers Program.

During the 2021 Legislative Session, the Standing Committee on Small Business reported eight bills favorably.
In addition, a number of bills that were important to small businesses, but were referred to other committees,
became law with the assistance and input of the Small Business Committee.




                                                         4
                          II.    2021-2022 SMALL BUSINESS BUDGET OUTCOME

The Committee on Small Business supported key initiatives to boost New York’s economy, create jobs, and
facilitate opportunities for small businesses and entrepreneurs. The following are budget highlights that affect
small businesses in New York State:

   Pandemic Recovery Programs

           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 $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;
           o $100 million for NY Theater tax credits; and
           o $35 million for Restaurant Return to Work tax credits.

   University-Based Programs

      o $13.55 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, which collaborate with New York companies
        in commercializing scientific discoveries in fields such as nanoelectronics, bioinformatics, photonics,
        environmental systems, wireless applications and information technology.
      o Additional COE funding:
              $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;
              $110,944 for Cornell University’s Center for Excellence in Food and Agricultural Innovation
                in Geneva; and
              $800,000 for the SUNY Albany Center of Excellence in the Data Science in Atmospheric
                and Environmental Predictions and Innovation.
      o $3 million for SUNY Polytechnic Institute College of Nanoscale Science and Engineering and
        Rensselaer Polytechnic Institute focus centers.

   Business Assistance

      o $13.5 million for the Manufacturing Extension Partnership Program;
      o $5 million for the High Technology Matching Grants Program;
      o $5 million for the New York State Innovation Hot Spots/ New York State Incubators;
      o $1.76 million for the Entrepreneurial Assistance Program (EAP);
      o $1.382 million for the Technology Development Organizations;
      o $1.495 million for the Community Development Financial Institutions (CDFI) Program;
      o $2 million for the Minority- and Women-Owned Business Development and Lending Program and
        for Minority- and Women-Owned Business Development;
      o $921,000 for the Industrial Technology Extension Service Program; and
                                                        5
      o $343,000 Science and Technology Law Center.

   Commerce, Regional Economic Development, Trade and Tourism

     o    $150 million for the Regional Economic Development Councils (REDCs);
     o    $100,000 for Adirondack North Country, Inc;
     o    $150,000 for the Association of Community Employment Programs;
     o    $50,000 for the Bayside Business Association;
     o    $25,000 for the Bronx Cooperative Development Initiative;
     o    $550,000 for the Bronx Overall Economic Development Corporation;
     o    $500,000 for the Brooklyn Alliance;
     o    $300,000 for the Brooklyn Chamber of Commerce;
     o    $50,000 for the Buffalo Niagara International Trade Gateway Organization;
     o    $75,000 for the Capital Region Chamber of Commerce;
     o    $25,000 for the Douglaston Local Development Corporation;
     o    $50,000 for the Flatbush Development Corporation;
     o    $700,000 for the Center State Corporation for Economic Opportunity (CEO) Program;
     o    $50,000 for the Floral Park Bellerose Indian Merchants Association Inc;
     o    $50,000 for the Flushing Business Improvement District;
     o    $100,000 for the Greater Harlem Chamber of Commerce;
     o    $25,000 for the Haitian-American Business Network;
     o    $25,000 for the Hudson Valley Gateway Chamber of Commerce;
     o    $165,000 for the Kingsbridge, Riverdale, Van Cortlandt Development Corporation;
     o    $275,000 for the North Country Chamber of Commerce;
     o    $500,000 for the Queens Chamber of Commerce;
     o    $100,000 for the Queens Economic Development Council;
     o    $50,000 for the Staten Island Development Council;
     o    $100,000 for Syracuse Jazzfest Productions;
     o    $40,000 for the Orange County Chamber of Commerce;
     o    $50,000 for the Sunnyside Shines Business Improvement District;
     o    $200,000 for Urban Upbound;
     o    $20,000 for Women’s Enterprise Development Center, Inc; and,
     o    $40,000 for the New York Women’s Chamber of Commerce;


   ARTICLE VII PROPOSALS

         o The Legislature approved a proposal to extend the Urban Development Corporation’s authority to
           administer the Economic Development Fund from July 1, 2021 until July 1, 2022.
         o The Legislature approved a proposal to extend the Urban Development Corporation’s general loan
           powers from July 1, 2021 until July 1, 2022.
         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).

                                                      6
                        III.   ISSUES BROUGHT THROUGH COMMITTEE IN 2021

A.     REGULATORY REFORM

Program List for Small Businesses
(A.983, Stirpe; Chapter 17, Laws of 2021)

This law amends Chapter 339 of the laws of 2021 clarifying the agency coordinating the list of programs
available to assist small businesses; providing additional information based off business entity type and size
and; change the implementation date to July 1, 2021.

Annual Guide for Small Businesses
(A.6503, Stirpe; Passed the Assembly)

This bill would require the Secretary of State to compile and publish a guide for small businesses that would
outline the statutory and regulatory changes made in the prior year in plain and commonly understood terms;
this guide would be posted annually on January 31 of each year on the Department of State’s website.

Small Business Advisory Panel
(A.7501, Stirpe; Chapter 163 of the Laws of 2021)

This law extends the advisory panel on employee-owned enterprises within the Department of Economic
Development until October 1st, 2023 in order to make recommendations on State laws and programs to support
and promote employee-owned enterprises in New York.


B.     BUSINESS ASSISTANCE

Micro-Business Transfer of Ownership
(A.6286, Stirpe; Reported to Ways & Means)

This bill would make worker cooperatives formed upon the transfer of ownership of an existing micro-business
eligible to apply to receive assistance under the Economic Development Fund. This bill would allow for the
existence of viable micro-businesses to be sustainable upon the sale or transfer of ownership and assist worker
ownership of such business to support their communities.

Small Business Environmental Fund
(A.6483, Stirpe; Reported to Ways & Means)

This bill would create a Small Business Environmental Fund to assist small businesses in leveraging capital
loans from financial institutions for the purpose of complying with environmental laws or preventing pollution.
In addition, this bill also sets forth provisions relating to execution and terms of the loans, origination fees
payable to the Environmental Facilities Corporation, administration and promotion of the fund, and annual
reporting of the fund’s performance by the Environmental Facilities Corporation.




                                                        7
Expansion of Urban Development Corporation Act
(A.3160, Kim; Reported to Ways & Means)

This bill would expand the eligibility criteria of the Economic Development Fund to provide assistance
opportunities to small businesses engaged in dry cleaning or appearance enhancement businesses which engage
in the practice of nail specialty to make capital improvements through grants and flexible financing programs.

Specifically, eligible uses of the financial assistance would include the purchase and installation of non-
perchlorethylene machines and sprinkler systems by dry cleaning businesses, and capital improvements and
upgrades to mechanical ventilation systems by appearance enhancement businesses which practice nail
specialty, to ensure that both types of businesses comply with federal, state, and local codes and regulations.

Small Business Regulatory Relief
(A.7500, McDonald; Chapter 752 of the Laws of 2021)

This law extends for an additional three years, through December 20, 2024, the authorization for small
businesses to be offered “cure periods” by state agencies when small businesses have for the first time violated
an agency rule or regulation in lieu of imposing penalties. In addition, this bill would establish an annual report
to be managed by the Division of Small Business to show the usage of this program by state agencies. By
providing greater opportunity for correction and access to information, this bill would strengthen the
relationship between small businesses and New York State.

New York State Innovative Energy and Environmental Technology Program
(A.4874 Pichardo; Reported to Ways & Means)

This bill would create the New York State Innovative Energy and Environmental Technology Program to award
grants of up to $100,000 for the purposes of spurring innovative energy and environmental technology
development and commercialization.

                                 IV.     PUBLIC HEARINGS/ROUNDTABLES

        Small business owners can provide valuable information to public policy discussions, hearings, and
roundtables. By having these forums, the Small Business Committee can focus its energy on legislation that will
benefit the State as a whole.

                                             Hearing on Budget Oversight

       On November 16, 2021, the Assembly Standing Committee on Agriculture, Assembly Standing
Committee on Small Business, Assembly Task Force on Food, Farm and Nutritional Policy, Assembly
Subcommittee on Agricultural Production and Technology, Assembly Subcommittee on Agriculture Economic
Development and Farmland Protection, and Assembly Subcommittee on Micro Business held a joint hearing on
the impact and implementation of the State Budget for agriculture. The Committees focused on the overall
impact and implementation of the 2021-2022 State Budget, particularly as it related to assisting small- and
medium-sized farms and related small businesses to compete in the state, national and international
marketplace.

       On December 13, 2021, the Assembly Standing Committee on Economic Development, Job Creation,
Commerce and Industry, Assembly Standing Committee on Labor, Assembly Standing Committee on Higher
Education Assembly Standing Committee on Small Business, and Assembly Commission on Skills
                                                         8
Development and Career Education held a joint hearing on the impact and implementation of the State Budget
as it relates to the funding and administration of workforce development programs administered by various
State entities. The Committees heard testimony regarding the effectiveness of workforce development programs
funded through the 2021-2022 State Budget and any recommendations to ensure such programs meet the needs
of businesses and current and potential workers as the State’s economy recovers from the COVID pandemic.

                                           V. OUTLOOK FOR 2022

         It will be a long road to recovery, but the Small Business Committee’s support for New York’s small
businesses is steadfast. The Committee will continue its work to address the needs of small businesses,
minority- and women-owned business enterprises (MWBEs), and veteran-owned businesses, creating a
supportive environment that encourages their growth, expansion, and stability right here in New York. The
priorities of the Committee include increasing access to capital, the expansion of MWBEs, supporting the
development and commercialization of innovative new technology, workforce development, contracting with
State and local governments, energy assistance, veterans’ business assistance, immigrant-owned business
assistance and helping small businesses recover from the effects of the pandemic and come back stronger.




                                                       9
                                       APPENDIX A

                                 2021 SUMMARY SHEET

                              Summary of Action on All Bills
                               Referred to the Committee on

                                   SMALL BUSINESS

Final Action                                           Assembly   Senate   Total
                                                         Bills     Bills
Bills Reported With or Without Amendment
    To Floor: Not Returning to Committee (Favorable)      4                 4
    To Ways and Means                                     4                 4
    To Codes
    To Rules
    To Judiciary
    Total                                                 8                 8

Bills having Committee Reference Changed
    To…
    To…
    To…
    To…
    Total

Senate Bills Substituted or Recalled
   Substituted
   Recalled
   Total

Bills Defeated in Committee
Bills Held for Consideration, Roll-Call Vote
Bills Never Reported, Died in Committee                   15                15
Bills Having Enacting Clauses Stricken
Motions to Discharge Lost

Total Bills in Committee                                  23                23

Total Number of Committee Meetings Held                             4




                                               10
                              APPENDIX B

                             Chapters of 2021

          ASSEMBLY BILL   SENATE BILL
CHAPTER                                                   DESCRIPTION
           (SPONSOR)      (SPONSOR)
                                                This bill amends provisions made in
                                                Chapter 339 of the Laws of 2020 by
                                           clarifying the agency coordinating the list of
              A.983         S.889                programs available to assist small
  17
             (Stirpe)      (Kaplan)        businesses; providing additional information
                                            based off business entity type and size and;
                                                 change the implementation date to
                                                            July 1, 2021.
                                            This bill amends the expiration date of the
  163        A.7501         S.6679             Advisory Panel on Employee-Owned
             (Stirpe)        (May)         Enterprises from October 1, 2021 to October
                                                               1, 2023.
                                                This bill extends the cure period on
                                             regulatory fines for small businesses for
                                               three years to December 20, 2024. In
             A.7500        S.6642-A
  752                                      addition, this bill would establish an annual
           (McDonald)      (Kaplan)
                                             report to be managed by the Division of
                                             Small Business to show the usage of this
                                              program by New York State Agencies.




                                      11
                              APPENDIX C

                     Additional Bills Reported in 2021

ASSEMBLY BILL
                   LAST ACTION                             DESCRIPTION
 (SPONSOR)
                                             This bill would create the New York State
                                                Innovative Energy and Environmental
    A.4874      Referred to Ways &           Technology Program that will award grants
  (Pichardo)          Means                 for the purpose of energy and environmental
                                                      technology development and
                                                           commercialization.
                                             This bill would expand the eligibility of the
                                           Urban Development Corporation Act to allow
   A.3160       Referred to Ways &
                                              dry cleaning businesses and nail salons to
   (Kim)              Means
                                             make capital improvements through grants
                                                   and flexible financing programs.
                                             This bill would make worker cooperatives
                                            formed upon the transfer of ownership of an
   A.6286       Referred to Ways &
                                             existing micro-business eligible to apply to
   (Stirpe)           Means
                                                receive assistance under the Economic
                                                          Development Fund.
                                                This bill would create a Small Business
                                           Environmental Fund to assist small businesses
   A.6483       Referred to Ways &
                                                  in leveraging capital from financial
   (Stirpe)           Means
                                           institutions for the purpose of complying with
                                            environmental laws or preventing pollution.
                                            This bill would require the Secretary of State
                                               to compile and publish a guide for small
                                           businesses that would outline the statutory and
   A.6503                                   regulatory changes made in the prior year in
                Passed the Assembly
   (Stirpe)                                  plain and commonly understood terms; this
                                           guide would be posted annually on January 31
                                              of each year on the Department of State’s
                                                                website.




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