§ 192. Administration. The department, in furtherance of the objectives of the industrial effectiveness program, is hereby authorized and directed to:
1. provide productivity assessments and feasibility studies to industrial firms 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, or by other state agencies, authorities, offices or commissions. Such productivity assessments and feasibility studies may be provided directly by the department or by experts retained or supervised by the department. Any expenditures for such assistance other than for preliminary productivity assessments or feasibility studies shall be based on a plan reviewed and approved by the commissioner. The following factors shall be considered in determining whether to provide a productivity assessment or feasibility study to an industrial firm: (a) the potential viability of the company; (b) the commitment of management and labor to jointly participate in a productivity-improvement program; and (c) whether interests of the employees of the firm would be served by such assistance. Industrial firms and potential purchasers of existing industrial firms shall share the cost of a productivity assessment or feasibility study provided by experts retained or supervised by the department. The level of contribution by a firm or by potential purchasers toward the cost of such an assessment or feasibility study shall not be less than fifty percent of the total cost;
2. identify public and private sources of expertise available to assess productivity problems of industrial firms and to work under contract or in cooperation with the department in assisting such firms to undertake productivity-improvement activities;
3. identify individuals and firms with a distinctive competence in at least one area related to industrial productivity, such as industrial management, operations, production technology, marketing or labor relations and training, and a demonstrated ability to serve small and medium-sized industrial firms, for the purposes of referring small and medium-sized industrial firms with identified needs to consultants with relevant expertise;
4. design and conduct seminars and workshops to inform industrial managers, union leaders, trade associations, and other appropriate individuals and organizations, of industrial productivity-improvement methods and approaches and to demonstrate their successful adoption in similar firms;
5. publish a periodic newsletter to report on productivity research projects and case studies, market the program's services and provide such other information as the commissioner deems appropriate;
6. conduct educational programs to inform industrial firms, labor organizations, banking organizations and other financial institutions, and industrial or local development agencies of the benefits and risks associated with, and methods for effectuating, the transfer of ownership of industrial firms to employees, managers or other local investors;
7. promote the services and assistance available under this article for industrial firms, to such firms and to municipal officials and agencies, regional and local economic development entities, technology development organizations, trade associations, business and labor organizations and other appropriate entities;
8. provide short-term management consulting services to industrial firms, directly or through contracts, in order to assist such firms with assessing management, operations, market or financial problems;
9. provide information on state-sponsored programs offering financial or technical assistance to industrial firms and aid such firms in applying for assistance;
10. identify industrial firms in danger of closing or substantially reducing operations.
