senate Bill S3446A

Enacts the unified economic development budget act

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 01 / Feb / 2013
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 08 / Jan / 2014
    • REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 24 / Jan / 2014
    • AMEND AND RECOMMIT TO CORPORATIONS, AUTHORITIES AND COMMISSIONS
  • 24 / Jan / 2014
    • PRINT NUMBER 3446A

Summary

Enacts the unified economic development budget act.

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Bill Details

See Assembly Version of this Bill:
A6542A
Versions:
S3446
S3446A
Legislative Cycle:
2013-2014
Current Committee:
Senate Corporations, Authorities And Commissions
Law Section:
Business Corporation Law
Laws Affected:
Add Art 14 §§1401 - 1404, BC L
Versions Introduced in 2011-2012 Legislative Cycle:
S2854A, S2854A

Sponsor Memo

BILL NUMBER:S3446A

TITLE OF BILL: An act to amend the business corporation law, in
relation to enacting the unified economic development budget act

PURPOSE: Directs the Division of the Budget to prepare an annual
Unified Economic Development Budget that outlines the aggregate
amounts of State investments in economic development projects
statewide, the benefactors of these investments and the number of jobs
businesses created or retained as a result of this development
assistance.

SUMMARY OF PROVISIONS: Section 1. Short title.

§ 2. The Business Corporation Law is amended by adding a new article
14.

§ 1401. Definitions.

§ 1402. Unified Economic Development Budget. (a) The Division of the
Budget, in collaboration with the Department of Taxation and Finance,
is directed to prepare each fiscal year, ending on or after June 30,
2016, a Unified Economic Development Budget. (b) Specifies that all
data in the Unified Economic Development Budget is subject to the
Freedom of information Act, excluding certain tax information. (c) Tax
expenditure appendix.

§ 1403. Standardized applications for State development assistance.(a)
Standardizes criteria for applications to the Division of the Budget,
industrial development agencies and other state granting body. (b)
Minimum requirements for application form completion. (c) Authorizes
the Division of the Budget to modify the standardized application.

§ 1404. State Development Assistance Disclosure. (a) Requires all
state granting bodies and industrial development agencies to annually
submit to the Division of the Budget copies of all development
assistance agreements approved in the prior calendar year. (b)
Requires recipients of development assistance to submit to the
Division of the Budget annual progress reports. (c) Authorizes any
state granting body and industrial development agency to verify
information in a development assistance recipient's progress reports.
(d) Requires the Division of the Budget to compile and publish all
data in all progress reports, beginning June 1, 2016.

EXISTING LAW: None.

JUSTIFICATION: New York State annually invests billions of dollars in
economic develop projects each year, regularly in the form of grants,
loans or tax expenditures. However, it is difficult to ascertain the
extent end effectiveness of this spending because the responsibility
of granting this development assistance is spread across several State
entities. There is also no single source of reference outlining these
entities' economic development initiatives. For the same reasons, it
is difficult to ascertain who are the benefactors of this development
assistance and whether they are providing the State with an adequate
return on investment, usually in the form of new or retained jobs.


This legislation directs and authorizes the Division of the Budget to
prepare annually a Unified Economic Development Budget that outlines
the aggregate amounts of State investments in economic development
projects statewide, the benefactors of these investments and the
number of Jobs they created or retained as a result of this
development assistance. The legislation also standardizes the types of
information that State entities and recipients of development
assistance must report to the Division of the Budget.

FISCAL IMPLICATIONS: Unknown.

EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall become law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 3446--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 1, 2013
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and  Commissions  --  recommitted  to  the  Committee on Corporations,
  Authorities and Commissions in accordance with Senate Rule 6,  sec.  8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the business corporation law, in  relation  to  enacting
  the unified economic development budget act

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "unified economic development budget act."
  S  2.  The business corporation law is amended by adding a new article
14 to read as follows:
                               ARTICLE 14
                   UNIFIED ECONOMIC DEVELOPMENT BUDGET
SECTION 1401. DEFINITIONS.
        1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
        1403. STANDARDIZED APPLICATIONS FOR  STATE  DEVELOPMENT  ASSIST-
                ANCE.
        1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
S 1401. DEFINITIONS.
  AS USED IN THIS ARTICLE:
  (A)  "ANNUAL  TAX  EXPENDITURE  REPORT"  IS  AS DEFINED BY SECTION ONE
HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
  (B) "BASE YEARS" MEANS THE FIRST TWO COMPLETE CALENDAR YEARS FOLLOWING
THE EFFECTIVE DATE OF A RECIPIENT RECEIVING DEVELOPMENT ASSISTANCE.
  (C) "DATE OF ASSISTANCE" MEANS THE COMMENCEMENT DATE OF THE ASSISTANCE
AGREEMENT, WHICH DATE TRIGGERS THE PERIOD DURING WHICH THE RECIPIENT  IS
OBLIGATED  TO  CREATE  OR  RETAIN  JOBS  AND  CONTINUE OPERATIONS AT THE
SPECIFIC PROJECT SITE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00916-02-4

S. 3446--A                          2

  (D) "DEVELOPMENT ASSISTANCE" MEANS: (1) TAX EXPENDITURES GIVEN  AS  AN
INCENTIVE  TO  RECIPIENT  BUSINESSES,  NOT-FOR-PROFIT  ORGANIZATIONS AND
GOVERNMENT ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES;
  (2)  GRANTS  OR  LOANS AWARDED BY ALL STATE GRANTING BODIES AND INDUS-
TRIAL DEVELOPMENT AGENCIES TO BUSINESSES,  NOT-FOR-PROFIT  ORGANIZATIONS
AND GOVERNMENT ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES; AND
  (3)  ALL  SUCCESSOR AND SUBSEQUENT DEVELOPMENT ASSISTANCE PROGRAMS AND
TAX EXPENDITURES DESIGNED TO  PROMOTE  LARGE  BUSINESS  RELOCATIONS  AND
EXPANSIONS.
  (E) "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
THE STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY AND THE RECIPI-
ENT  SETTING FORTH THE TERMS AND CONDITIONS OF DEVELOPMENT ASSISTANCE TO
BE PROVIDED TO THE RECIPIENT CONSISTENT WITH THE FINAL  APPLICATION  FOR
DEVELOPMENT ASSISTANCE, INCLUDING BUT NOT LIMITED TO THE DATE OF ASSIST-
ANCE, SUBMITTED TO AND APPROVED BY THE STATE GRANTING BODY OR INDUSTRIAL
DEVELOPMENT AGENCY.
  (F) "DIVISION" MEANS, UNLESS OTHERWISE NOTED, THE NEW YORK STATE DIVI-
SION OF THE BUDGET OR ANY SUCCESSOR AGENCY.
  (G) "ECONOMIC DEVELOPMENT" MEANS ANY ECONOMIC ACTIVITY TO INCREASE TAX
REVENUE,  TAX  BASE,  OR  EMPLOYMENT OR IMPROVE GENERAL ECONOMIC HEALTH,
WHEN THE ACTIVITY INVOLVES:
  (1) THE PLANNING, DESIGN, DEVELOPMENT,  CONSTRUCTION,  REHABILITATION,
BUSINESS  RELOCATION,  OR  ANY COMBINATION OF THESE, WITHIN A COMMUNITY;
AND
  (2) THE PROVISION OF OFFICE, INDUSTRIAL,  MANUFACTURING,  WAREHOUSING,
DISTRIBUTION,  PARKING,  PUBLIC,  OR OTHER FACILITIES, OR OTHER IMPROVE-
MENTS THAT BENEFIT THE STATE OR A COMMUNITY;
BUT DOES NOT RESULT IN THE TRANSFER OF LAND TO PUBLIC OWNERSHIP  OR  THE
TRANSFER  OF  PROPERTY TO A PRIVATE ENTITY THAT IS A PUBLIC UTILITY, THE
LEASE OF PROPERTY TO PRIVATE ENTITIES THAT  OCCUPY  AN  INCIDENTAL  AREA
WITHIN A PUBLIC PROJECT OR THE REMEDY OF BLIGHT.
  (H)  "FULL-TIME,  PERMANENT JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE
WORKS FOR THE RECIPIENT AT A RATE OF  AT  LEAST  THIRTY-FIVE  HOURS  PER
WEEK.
  (I)  "INDUSTRIAL  DEVELOPMENT  AGENCY"  MEANS  AN AGENCY AS DEFINED BY
SECTION EIGHT HUNDRED FIFTY-FOUR OF THE GENERAL MUNICIPAL LAW.
  (J) "NEW EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE  WHO  REPRES-
ENTS  A  NET  INCREASE IN THE NUMBER OF THE RECIPIENT'S EMPLOYEES STATE-
WIDE. "NEW EMPLOYEE" INCLUDES AN EMPLOYEE WHO PREVIOUSLY  FILLED  A  NEW
EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
A  LAYOFF  THAT OCCURS DURING OR FOLLOWING THE BASE YEARS. THE TERM "NEW
EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
  (1) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
LY PERFORMED BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB  EXISTED  IN
THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE; OR
  (2) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
LEGALLY  SEPARATED  FROM  THE  INDIVIDUAL,  OF  ANY INDIVIDUAL WHO HAS A
DIRECT OR INDIRECT OWNERSHIP INTEREST OF AT LEAST FIVE  PERCENT  IN  THE
PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
  (K)  "PART-TIME  JOB"  MEANS A JOB IN WHICH THE NEW EMPLOYEE WORKS FOR
THE RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
  (L) "RECIPIENT" MEANS ANY BUSINESS THAT RECEIVES ECONOMIC  DEVELOPMENT
ASSISTANCE.  A  BUSINESS  IS ANY CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, JOINT VENTURE, ASSOCIATION, SOLE PROPRIETORSHIP,  OR  OTHER
LEGALLY RECOGNIZED ENTITY.

S. 3446--A                          3

  (M)  "RETAINED  EMPLOYEE"  MEANS  ANY  EMPLOYEE  DEFINED  AS  HAVING A
FULL-TIME OR FULL-TIME EQUIVALENT JOB PRESERVED AT A  SPECIFIC  FACILITY
OR SITE, THE CONTINUANCE OF WHICH IS THREATENED BY A SPECIFIC AND DEMON-
STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
MENT ASSISTANCE.
  (N)  "SPECIFIC  PROJECT  SITE" MEANS THAT DISTINCT OPERATIONAL UNIT TO
WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
  (O) "STATE GRANTING BODY" MEANS THE DIVISION AND/OR  ANY  OTHER  STATE
DEPARTMENT, AGENCY, BUREAU, OFFICE, COMMISSION, PUBLIC AUTHORITY, PUBLIC
CORPORATION  AND ANY OTHER STATE ENTITY THAT PROVIDES AND/OR ADMINISTERS
DEVELOPMENT ASSISTANCE THAT HAS REPORTING REQUIREMENTS UNDER THIS  ARTI-
CLE, AND ANY SUCCESSOR AGENCIES TO ANY OF THE PRECEDING ENTITIES.
  (P)  "TAX EXPENDITURE" IS AS DEFINED BY SECTION ONE HUNDRED EIGHTY-ONE
OF THE EXECUTIVE LAW.
  (Q) "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
A SPECIFIC DURATION OF TIME OR SEASON.
  (R) "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
MENT ASSISTANCE.
S 1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
  (A) FOR EACH STATE FISCAL YEAR ENDING ON OR AFTER JUNE THIRTIETH,  TWO
THOUSAND  SIXTEEN, THE DIVISION, IN COLLABORATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, SHALL SUBMIT AN ANNUAL UNIFIED  ECONOMIC  DEVELOP-
MENT  BUDGET  TO THE GOVERNOR, SENATE AND ASSEMBLY. THE UNIFIED ECONOMIC
DEVELOPMENT BUDGET SHALL BE DUE WITHIN THREE MONTHS AFTER THE END OF THE
FISCAL YEAR, AND SHALL  PRESENT  ALL  TYPES  OF  DEVELOPMENT  ASSISTANCE
GRANTED DURING THE PRIOR FISCAL YEAR, INCLUDING:
  (1)  THE  AGGREGATE AMOUNT, PREPARED BY THE DEPARTMENT OF TAXATION AND
FINANCE AND PRESENTED AS STATE TOTALS, OF ACTUAL UNCOLLECTED OR DIVERTED
STATE TAX REVENUES RESULTING FROM EACH TYPE  OF  DEVELOPMENT  ASSISTANCE
PROVIDED  PURSUANT  TO  LAW,  AS  REPORTED IN THE ANNUAL TAX EXPENDITURE
REPORT;
  (2) THE AGGREGATE AMOUNT, PREPARED BY THE DIVISION  AND  PRESENTED  AS
STATE  TOTALS, OF DEVELOPMENT ASSISTANCE GRANTS AND LOANS AWARDED BY ALL
STATE AND INDUSTRIAL DEVELOPMENT AGENCIES TO BUSINESSES,  NOT-FOR-PROFIT
ORGANIZATIONS AND GOVERNMENT ENTITIES; AND A LIST OF THE TOP FIVE RECIP-
IENTS  BY  DOLLAR  VALUE OF EACH TYPE OF DEVELOPMENT ASSISTANCE GRANT OR
LOAN;
  (3) THE AGGREGATE AMOUNTS REQUIRED BY SUBPARAGRAPHS  ONE  AND  TWO  OF
THIS PARAGRAPH SHALL CORRESPOND TO THE MOST RECENT FISCAL YEAR FOR WHICH
RELIABLE DATA ARE AVAILABLE, AND THE PRECEDING FIVE FISCAL YEARS;
  (4)  A LIST OF ALL STATE DEVELOPMENT ASSISTANCE WITH A DESCRIPTION AND
AGGREGATE AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES RESULTING
FROM OR AWARDED FOR EACH TYPE OF DEVELOPMENT  ASSISTANCE  FOR  THE  MOST
RECENT FISCAL YEAR AND ITS PRECEDING FISCAL YEAR; AND
  (5)  THE  AGGREGATE  AMOUNT, PREPARED BY THE DIVISION AND PRESENTED AS
STATE TOTALS, OF JOBS CREATED AND/OR RETAINED WITH THE SUPPORT OF DEVEL-
OPMENT ASSISTANCE.
  (B) ALL DATA CONTAINED IN  THE  UNIFIED  ECONOMIC  DEVELOPMENT  BUDGET
PRESENTED TO THE GOVERNOR, SENATE AND ASSEMBLY SHALL BE FULLY SUBJECT TO
THE  FREEDOM  OF  INFORMATION  ACT,  NOTWITHSTANDING  INSTANCES WHEN THE
DISCLOSURE OF INFORMATION VIOLATES  CONFIDENTIALITY  AGREEMENTS  BETWEEN
THE  DEPARTMENT OF TAXATION AND FINANCE AND RECIPIENTS OF STATE DEVELOP-
MENT ASSISTANCE.
  (C) THE DEPARTMENT OF TAXATION AND FINANCE SHALL SUBMIT  A  REPORT  OF
THE  AMOUNTS IN SUBPARAGRAPH ONE OF PARAGRAPH (A) OF THIS SECTION TO THE

S. 3446--A                          4

DIVISION, WHICH SHALL APPEND SUCH REPORT TO THE UNIFIED ECONOMIC  DEVEL-
OPMENT BUDGET RATHER THAN SEPARATELY REPORTING SUCH AMOUNTS.
S 1403. STANDARDIZED APPLICATIONS FOR STATE DEVELOPMENT ASSISTANCE.
  (A)  ALL  FINAL  APPLICATIONS  SUBMITTED  TO  THE DIVISION, INDUSTRIAL
DEVELOPMENT AGENCIES OR ANY OTHER STATE GRANTING BODY REQUESTING  DEVEL-
OPMENT ASSISTANCE SHALL CONTAIN, AT A MINIMUM:
  (1)  AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE STATE
GRANTING AGENCY OR INDUSTRIAL DEVELOPMENT AGENCY AND  TO  EACH  APPLICA-
TION;
  (2)  THE  OFFICE  MAILING  ADDRESS, OFFICE TELEPHONE NUMBER, AND CHIEF
OFFICER OF THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
  (3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF  THE
CHIEF  OFFICER  OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED;
  (4) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC  PROJECT
SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE STATE GRANTING
BODY   OR   INDUSTRIAL  DEVELOPMENT  AGENCY,  INCLUDING  THE  NUMBER  OF
FULL-TIME, PERMANENT JOBS, THE NUMBER OF PART-TIME JOBS, AND THE  NUMBER
OF TEMPORARY JOBS;
  (5)  THE  TYPE OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE BEING
REQUESTED;
  (6) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED  AND
RETAINED  BY  THE  APPLICANT  AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER  OF  PART-
TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS;
  (7)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB  CLASSIFICA-
TION  AND  TOTAL  PAYROLL  TO  BE CREATED AS A RESULT OF THE DEVELOPMENT
ASSISTANCE;
  (8) A LIST OF ALL OTHER  FORMS  OF  DEVELOPMENT  ASSISTANCE  THAT  THE
APPLICANT  IS  REQUESTING  FOR THE SPECIFIC PROJECT SITE AND THE NAME OF
EACH STATE GRANTING BODY OR INDUSTRIAL  DEVELOPMENT  AGENCY  FROM  WHICH
THAT DEVELOPMENT ASSISTANCE IS BEING REQUESTED;
  (9)  A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT ASSIST-
ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK;
  (10) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR  HIS  OR
HER  AUTHORIZED  DESIGNEE THAT THE INFORMATION CONTAINED IN THE APPLICA-
TION SUBMITTED TO THE GRANTING BODY  OR  INDUSTRIAL  DEVELOPMENT  AGENCY
CONTAINS  NO  KNOWING  MISREPRESENTATION  OF  MATERIAL  FACTS UPON WHICH
ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
  (B) EVERY STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY  EITHER
SHALL  COMPLETE, OR SHALL REQUIRE THE APPLICANT TO COMPLETE, AN APPLICA-
TION FORM THAT MEETS THE MINIMUM  REQUIREMENTS  AS  PRESCRIBED  IN  THIS
SECTION  EACH  TIME  AN  APPLICANT  APPLIES  FOR  DEVELOPMENT ASSISTANCE
COVERED BY THIS ARTICLE.
  (C) THE DIVISION SHALL HAVE THE DISCRETION TO MODIFY ANY  STANDARDIZED
APPLICATION  FOR  STATE  DEVELOPMENT ASSISTANCE REQUIRED UNDER PARAGRAPH
(A) OF THIS SECTION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO
A RECIPIENT BUSINESS ORGANIZATION.
S 1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
  (A) BEGINNING FEBRUARY FIRST, TWO THOUSAND  SEVENTEEN  AND  EACH  YEAR
THEREAFTER,  EVERY STATE GRANTING BODY AND INDUSTRIAL DEVELOPMENT AGENCY

S. 3446--A                          5

SHALL SUBMIT TO THE DIVISION COPIES OF ALL DEVELOPMENT ASSISTANCE AGREE-
MENTS THAT IT APPROVED IN THE PRIOR CALENDAR YEAR.
  (B)  FOR  EACH  DEVELOPMENT ASSISTANCE AGREEMENT FOR WHICH THE DATE OF
ASSISTANCE HAS OCCURRED IN THE PRIOR CALENDAR YEAR, EACH RECIPIENT SHALL
SUBMIT TO THE DIVISION A PROGRESS REPORT THAT SHALL INCLUDE, BUT NOT  BE
LIMITED TO, THE FOLLOWING:
  (1) THE APPLICATION TRACKING NUMBER;
  (2)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
CHIEF OFFICER OF THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
  (3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF  THE
CHIEF  OFFICER  OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
PROJECT SITE FOR WHICH THE DEVELOPMENT ASSISTANCE WAS  APPROVED  BY  THE
STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
  (4) THE TYPE OF DEVELOPMENT ASSISTANCE PROGRAM AND VALUE OF ASSISTANCE
THAT  WAS  APPROVED BY THE STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT
AGENCY;
  (5) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC  PROJECT
SITE  ON THE DATE THAT THE APPLICATION WAS SUBMITTED TO THE STATE GRANT-
ING BODY OR INDUSTRIAL DEVELOPMENT  AGENCY  AND  THE  APPLICANT'S  TOTAL
NUMBER  OF  EMPLOYEES  AT  THE  SPECIFIC PROJECT SITE ON THE DATE OF THE
REPORT, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER OF
PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS, AND A  COMPUTATION  OF
THE GAIN OR LOSS OF JOBS IN EACH CATEGORY;
  (6) THE NUMBER OF NEW EMPLOYEES AND RETAINED EMPLOYEES THAT THE APPLI-
CANT STATED IN ITS DEVELOPMENT ASSISTANCE AGREEMENT, IF ANY, AND IF NOT,
THEN IN ITS APPLICATION, WOULD BE CREATED BY THE DEVELOPMENT ASSISTANCE,
BROKEN DOWN BY FULL-TIME, PERMANENT, PART-TIME, AND TEMPORARY;
  (7) A SWORN DECLARATION OF WHETHER THE RECIPIENT IS IN COMPLIANCE WITH
THE DEVELOPMENT ASSISTANCE AGREEMENT;
  (8)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
HIRES AND THE ACTUAL AVERAGE WAGE BY OCCUPATION  OR  JOB  CLASSIFICATION
AND  TOTAL  PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT ASSIST-
ANCE;
  (9) A NARRATIVE, IF NECESSARY, DESCRIBING HOW THE RECIPIENT'S  USE  OF
THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS REDUCED EMPLOY-
MENT AT ANY SITE IN NEW YORK; AND
  (10)  A  CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR HIS OR
HER AUTHORIZED DESIGNEE THAT THE  INFORMATION  IN  THE  PROGRESS  REPORT
CONTAINS  NO  KNOWING  MISREPRESENTATION  OF  MATERIAL  FACTS UPON WHICH
ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
  (C) THE STATE  GRANTING  BODY,  INDUSTRIAL  DEVELOPMENT  AGENCY  OR  A
SUCCESSOR  AGENCY,  SHALL  HAVE  FULL  AUTHORITY  TO  VERIFY INFORMATION
CONTAINED IN THE RECIPIENT'S PROGRESS REPORT, INCLUDING THE AUTHORITY TO
INSPECT THE SPECIFIC PROJECT SITE AND INSPECT THE RECORDS OF THE RECIPI-
ENT THAT ARE SUBJECT TO THE DEVELOPMENT ASSISTANCE AGREEMENT.
  (D) BY JUNE FIRST, TWO THOUSAND SEVENTEEN AND BY JUNE  FIRST  OF  EACH
YEAR  THEREAFTER, THE DIVISION SHALL COMPILE AND PUBLISH ALL DATA IN ALL
OF THE PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORM.
  S 3. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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