(a) "Eligible applicant" shall mean (i) a small or medium sized business having no more than five hundred employees, or business or industry group or association, or (ii) any commercial merchant, dealer, distributor, broker, grower, producer, processor, handler, packer, industry group or association or cooperative offering for sale or trade eligible agricultural products.

(b) "Export diagnostic assessment" shall mean an assessment of the potential of an eligible applicant to commence or increase exporting. An export diagnostic assessment may include, but shall not be limited to, an evaluation of the export potential for an eligible applicant's goods or services in international markets and an eligible applicant's management, organization and distribution in relation to its ability to commence or increase exporting.

(c) "Export market development plan" shall mean an analysis of specific actions an eligible applicant should undertake to commence or increase exporting. An export market development plan may include, but shall not be limited to, recommendations for an eligible applicant: (1) to adapt its products to international technical specifications and standards; (2) to pursue exporting in specific regional and/or industrial markets; or (3) to contract with agents, distributors or others.

(d) "Eligible agricultural products" shall mean agricultural products grown, produced, or primarily processed in New York; agricultural equipment primarily processed in New York; agricultural equipment primarily produced in New York; or aquatic products cultured, cultivated or harvested from the waters in and around New York or cultured or landed in New York, which are likely to be in demand in international markets. 2. Establishment. The commissioner is hereby authorized to establish an export diagnostic and market development program within the department in conjunction with the industrial effectiveness program set forth in article seven of this chapter, for the purpose specified in this section. 3. Purpose. The purpose of the export diagnostic and market development program shall be to improve the competitive position in international markets of businesses and industries, including agricultural businesses, whose principal place of business is located in New York by assisting them to commence or increase exporting. 4. Administration. In furtherance of the purpose of the export diagnostic and market development program, the department is authorized to:

(a) identify and retain individuals and firms with special competence in at least one area related to export development or promotion, and provide eligible applicants with a list of such individuals and firms. The department shall promulgate by rules the procedures and criteria to be used in selecting and retaining such individuals and firms;

(b) provide export diagnostic assessments and export market development plans to eligible applicants that have requested such assistance directly or upon referral by the department's regional offices, the New York state science and technology foundation, the New York state urban development corporation, the department of agriculture and markets, the port authority of New York and New Jersey, or federal, state, regional and local trade and economic development organizations. Such export diagnostic assessments and export market development plans may be provided either directly or by experts retained and supervised by the department. Any expenditure for such assistance shall be based on a plan approved by the commissioner, and in no case shall the level of contribution by the eligible applicant be less than fifty percent of the total cost of such export diagnostic assessment;

(c) provide information on other government-sponsored programs offering technical and financial assistance to exporters or potential exporters;

(d) promote awareness of the export diagnostic and market development program among businesses, business or industry organizations, and federal, state, regional and local trade and economic development agencies with the assistance of appropriate state agencies;

(e) identify eligible applicants offering for sale or trade eligible agricultural products;

(f) undertake activities to assist eligible applicants to commence or increase exporting eligible agricultural products; and

(g) provide information to eligible applicants on other government-sponsored programs offering technical and financial assistance to promote exports of agricultural products, agricultural equipment or aquatic products. 5. Applications. Eligible applicants shall submit to the department an application to participate in the export diagnostic and market development program in such a form and manner as the commissioner shall deem appropriate. 6. Selection. The department shall select eligible applicants to participate in the export diagnostic and market development program based on:

(a) the initial assessment of the department of the degree to which the applicant would benefit from participation;

(b) evidence of a serious commitment by the applicant to participate in the program;

(c) the capability of the applicant to carry out recommendations resulting from participation in the program; and

(d) the likely benefit derived from participation in the program to the economy of the region in which the applicant is located in relation to the cost to the state of providing the assistance. 7. Reports by participants. (a) Every eligible applicant participating in the export diagnostic and market development program shall provide the department with such reports relating to such participants as the department shall deem to be necessary.

(b) The information contained in such reports shall be exempt from disclosure to the fullest extent permitted under subdivision two of section eighty-seven of the public officers law. 8. Job listings. For any positions opened as a result of assistance provided under this section businesses so assisted shall first consider persons eligible to participate in federal job training partnership act (P.L. 97-300) programs who shall be referred to the business by administrative entities of service delivery areas created pursuant to such act or by the job service division of the department of labor. 9. Reporting. On or before October first, nineteen hundred ninety-one and on or before October first of each year thereafter, the commissioner shall report to the governor and the legislature on the operation and accomplishments of the export diagnostic and market development program, including but not limited to the number of firms assisted, the number of export diagnostic assessments and export market development plans completed, the degree to which productivity and export activity of participants were increased, the total costs per project and the number of jobs created due to state assistance. 10. Evaluation. The commissioner shall submit to the director of the division of the budget, the chairman of the senate finance committee and the chairman of the assembly ways and means committee an evaluation of the export diagnostic and market development program prepared by an entity independent of the department. Such an evaluation shall be submitted on or before September first, nineteen hundred ninety-two and on or before September first every two years thereafter. 11. Rules and regulations. The commissioner shall promulgate rules and regulations to accomplish the purpose of this section. * NB Section effective insofar as it pertains to the Port Authority of New York and New Jersey upon passage of same as legislation by New Jersey