N.Y. Comp. Codes R. & Regs. tit. 21 § 4204.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4204.2 - Eligibility requirements

(a) The department or the UDC, upon the approval of the commissioner, may fund a preliminary productivity assessment of an industrial firm or group of industrial firms qualified pursuant to Part 4202 of this Title, which has demonstrated a commitment to fully cooperate with the department and its experts conducting such assessment.

(b) The department, or UDC upon approval of the commissioner, may fund a limited, problem-specific productivity assessment of an industrial firm or group of firms qualified pursuant to Part 4202 of this Title, which has a preliminary productivity assessment or an equivalent assessment acceptable to the department, concluding:

(1) that the firm is viable and has the potential for future profitability;

(2) that management and labor force are willing to jointly participate in an assessment and resolution of productivity and management problems;

(3) that interests of the employees would be served by such an assessment;

(4) that such an assessment would address the major competitive problem of the firm adversely affecting its viability and profitability;

(5) that the firm evidences a clear and substantial commitment to addressing its other needs, including maximum commitment of its own resources;

(6) that the time and cost of a full productivity assessment is not warranted in view of the firm's limited needs; and

(7) that resolution of one or more specific competitive problems for which the limited problem-specific productivity assessment assistance is requested can have a significant economic benefit.

(c) The department may fund a limited productivity assessment in the form of short-term management consultant services to assist a small- or medium-sized industrial firm qualified for assistance pursuant to Part 4202 of this Title, which demonstrates:

(1) that the firm is viable and has the potential for future profitability;

(2) that such services potentially can have a significant economic benefit;

(3) that the firm has a clear need for specialized expertise not available within the firm;

(4) that management is innovative and receptive to change and likely to continue with the productivity improvement after State assistance had ended;

(5) that such assistance will help the firm to address a major problem, the solution for which can have an important impact on its long-term competitiveness;

(6) that the firm's problem is directly attributable to competition from outside New York State; and

(7) that the firm is effectively using its resources to improve productivity and competitiveness in other areas.

(d) The department or the UDC, upon the approval of the commissioner, may provide financial assistance for a full productivity assessment of an industrial firm qualified pursuant to Part 4202 of this Title:

(1) which has a preliminary assessment or an equivalent assessment, acceptable to the department, concluding:

(i) that the firm is viable and has the potential for future profitability;

(ii) that management and the labor force are willing to jointly participate in a full assessment and resolution of productivity and management problems;

(iii) that the interests of the employees would be served by a full assessment;

(iv) that resolution of competitive problems which are the subject of the request for full assessment assistance can result in a significant economic benefit; and

(v) that the firm is committed to a full assessment, including but not limited to the cost-sharing contribution requirements of Part 4207 of this Title.

(2) as part of a full productivity assessment, the department's acceptance of a firm's adjustment plan, based on the diagnosis and recommendations contained in such assessment, shall be a prerequisite for additional services from the department or UDC to plan, design and introduce measures to improve competitiveness. Factors to be considered by the department in approving such additional assistance shall include:

(i) whether the adjustment plan adequately addresses problems identified by the diagnosis, and recommendations for corrective action;

(ii) whether the adjustment plan contains a sound and detailed strategy for actions to be taken by the firm to continue as a successful business;

(iii) whether additional assistance from the department or UDC will significantly contribute to the firm's adjustment plan;

(iv) whether assistance requested from the State is not available to the firm internally or from other private sources at affordable cost;

(v) whether the firm has committed to undertake other remedial measures called for by the adjustment plan for which State assistance is not requested; and

(vi) whether a reasonable prospect exists that the adjustment plan will enable the firm to become competitive, profitable and successful, and to preserve or create substantial numbers of jobs for a substantial period of time.

(e) The department or UDC may provide financial assistance for a full productivity assessment to a group of industrial firms qualified pursuant to Part 4202 of this Title, which has a preliminary assessment or equivalent assessment, acceptable to the department, which concludes:

(1) that the firms comprising the group are experiencing common competitive problems and are potentially viable;

(2) that management and labor of the firms are willing to participate in joint assessment and resolution of productivity and management problems, and that interests of employees of the firms would be served by such assistance;

(3) that all firms in the group are prepared to commit necessary internal resources to assist in the performance of the study; and

(4) that owners and managers of all firms in the group are committed to a cooperative effort to address their productivity and competitiveness problems, including but not limited to a commitment of the cost-sharing contribution required for the study provided for in Part 4207 of this Title.

N.Y. Comp. Codes R. & Regs. Tit. 21 § 4204.2