S. 3432--A 2
AFFECTED LOCAL ECONOMY AND LOCAL COMMUNITY. THE CORPORATION SHALL USE
ALL PRACTICABLE MEANS TO REALIZE THE POLICIES AND GOALS SET FORTH IN
THIS SECTION, AND SHALL ACT AND CHOOSE ALTERNATIVES WHICH, CONSISTENT
WITH SOCIAL, ECONOMIC, ENVIRONMENTAL, LABOR, AND OTHER ESSENTIAL CONSID-
ERATIONS, TO THE MAXIMUM EXTENT PRACTICABLE, MINIMIZE OR AVOID ADVERSE
ECONOMIC EFFECTS, INCLUDING EFFECTS REVEALED IN THE ECONOMIC IMPACT
STATEMENT PROCESS. SUCH A STATEMENT SHALL INCLUDE A DETAILED STATEMENT
SETTING FORTH THE FOLLOWING:
(A) A DESCRIPTION OF THE PROPOSED ACTION AND ITS ECONOMIC AND SOCIAL
SETTING;
(B) THE ECONOMIC AND SOCIAL IMPACT OF THE PROPOSED ACTION, INCLUDING
SHORT-TERM AND LONG-TERM EFFECTS, ESPECIALLY TO THE AFFECTED COMMUNITY;
(C) ANY ADVERSE ECONOMIC EFFECTS WHICH CANNOT BE AVOIDED SHOULD THE
PROPOSAL BE IMPLEMENTED;
(D) ALTERNATIVES TO THE PROPOSED ACTION;
(E) ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS AND SOCIAL
RESOURCES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION, SHOULD IT BE
IMPLEMENTED;
(F) MITIGATION MEASURES PROPOSED TO MINIMIZE THE ECONOMIC, SOCIAL, OR
OTHER ESSENTIAL IMPACTS; AND
(G) THE GROWTH-INDUCING ASPECTS OF THE PROPOSED ACTION, WHERE APPLICA-
BLE AND SIGNIFICANT. SUCH A STATEMENT SHALL ALSO INCLUDE COPIES OR A
SUMMARY OF THE SUBSTANTIVE COMMENTS RECEIVED BY THE CORPORATION PURSUANT
TO CLAUSE (IV) OF THIS SUBPARAGRAPH AND THE CORPORATION'S RESPONSE TO
SUCH COMMENTS. THE PURPOSE OF AN ECONOMIC IMPACT STATEMENT IS TO PROVIDE
DETAILED INFORMATION ABOUT THE EFFECT WHICH A PROPOSED ACTION IS LIKELY
TO HAVE ON THE ECONOMY, EMPLOYMENT CONDITIONS, AND SOCIAL CHARACTER-
ISTICS OF A COMMUNITY, TO LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF SUCH
AN ACTION MIGHT BE MINIMIZED, AND TO SUGGEST ALTERNATIVES TO SUCH AN
ACTION SO AS TO FORM THE BASIS FOR A DECISION AS TO WHETHER OR NOT TO
UNDERTAKE OR APPROVE SUCH ACTION. SUCH STATEMENT SHALL BE CLEARLY WRIT-
TEN IN A CONCISE MANNER CAPABLE OF BEING READ AND UNDERSTOOD BY THE
PUBLIC, SHALL DEAL WITH THE SPECIFIC, SIGNIFICANT ECONOMIC IMPACTS WHICH
CAN BE REASONABLY ANTICIPATED, AND SHALL NOT CONTAIN MORE DETAIL THAN IS
APPROPRIATE, CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED ACTION
AND THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS.
(II) THE CORPORATION MAY REQUIRE AN APPLICANT TO SUBMIT AN ECONOMIC
REPORT TO ASSIST THE CORPORATION IN CARRYING OUT ITS RESPONSIBILITIES,
INCLUDING THE INITIAL DETERMINATION AND, (WHERE THE APPLICANT DOES NOT
PREPARE THE ECONOMIC IMPACT STATEMENT), THE PREPARATION OF AN ECONOMIC
IMPACT STATEMENT UNDER THIS SUBPARAGRAPH. THE CORPORATION MAY REQUEST
SUCH OTHER INFORMATION FROM AN APPLICANT AS IT DEEMS NECESSARY FOR THE
REVIEW OF ECONOMIC AND SOCIAL IMPACTS. NOTWITHSTANDING ANY USE OF
OUTSIDE RESOURCES OR WORK, CORPORATIONS SHALL MAKE THEIR OWN INDEPENDENT
JUDGMENT OF THE SCOPE, CONTENTS, AND ADEQUACY OF AN ECONOMIC IMPACT
STATEMENT.
(III) (A) AS EARLY AS POSSIBLE IN THE FORMULATION OF A PROPOSAL FOR AN
ACTION, THE CORPORATION SHALL MAKE AN INITIAL DETERMINATION AS TO WHETH-
ER OR NOT AN ECONOMIC IMPACT STATEMENT NEED BE PREPARED FOR THE ACTION.
WITH RESPECT TO ACTIONS INVOLVING THE ISSUANCE TO AN APPLICANT OF A
PERMIT OR OTHER ENTITLEMENT, THE CORPORATION SHALL NOTIFY THE APPLICANT
IN WRITING OF ITS INITIAL DETERMINATION, SPECIFYING THEREIN THE BASIS
FOR SUCH DETERMINATION. NOTICE OF THE INITIAL DETERMINATION, ALONG WITH
APPROPRIATE SUPPORTING FINDINGS ON CORPORATION ACTIONS, SHALL BE KEPT ON
FILE IN THE MAIN OFFICE OF THE CORPORATION FOR PUBLIC INSPECTION. IF THE
CORPORATION DETERMINES THAT SUCH STATEMENT IS REQUIRED, THE CORPORATION
S. 3432--A 3
OR THE APPLICANT, AT THE APPLICANT'S OPTION, SHALL PREPARE OR CAUSE TO
BE PREPARED A DRAFT ECONOMIC IMPACT STATEMENT. IF THE APPLICANT DOES
NOT EXERCISE THE OPTION TO PREPARE SUCH STATEMENT, THE CORPORATION SHALL
PREPARE IT, CAUSE IT TO BE PREPARED, OR TERMINATE ITS REVIEW OF THE
PROPOSED ACTION. SUCH STATEMENT SHALL DESCRIBE THE PROPOSED ACTION AND
REASONABLE ALTERNATIVES TO THE ACTION, AND BRIEFLY DISCUSS, ON THE BASIS
OF INFORMATION THEN AVAILABLE, THE REMAINING ITEMS REQUIRED TO BE
SUBMITTED BY CLAUSE (I) OF THIS SUBPARAGRAPH. THE PURPOSE OF A DRAFT
ECONOMIC STATEMENT IS TO RELATE ECONOMIC AND SOCIAL CONSIDERATIONS TO
THE INCEPTION OF THE PLANNING PROCESS, TO INFORM THE PUBLIC AND OTHER
PUBLIC AGENCIES AS EARLY AS POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY
SIGNIFICANTLY AFFECT THE QUALITY OF THE ECONOMIC AND SOCIAL CONDITIONS,
AND TO SOLICIT COMMENTS WHICH WILL ASSIST THE CORPORATION IN THE DECI-
SION MAKING PROCESS IN DETERMINING THE ECONOMIC AND SOCIAL CONSEQUENCES
OF THE PROPOSED ACTION. THE DRAFT STATEMENT SHALL RESEMBLE IN FORM AND
CONTENT THE ECONOMIC IMPACT STATEMENT TO BE PREPARED AFTER COMMENTS HAVE
BEEN RECEIVED AND CONSIDERED PURSUANT TO CLAUSE (I) OF THIS SUBPARA-
GRAPH; PROVIDED, HOWEVER, THAT THE LENGTH AND DETAIL OF THE DRAFT
ECONOMIC STATEMENT WILL NECESSARILY REFLECT THE PRELIMINARY NATURE OF
THE PROPOSAL AND THE EARLY STAGE AT WHICH IT IS PREPARED;
(B) THE DRAFT STATEMENT SHALL BE FILED WITH THE APPROPRIATE GOVERNING
BODY OF EACH MUNICIPALITY OR POLITICAL SUBDIVISION THEREOF FOR WHOSE
BENEFIT SUCH CORPORATION IS ESTABLISHED.
(IV) (A) AFTER THE FILING OF A DRAFT ECONOMIC IMPACT STATEMENT, THE
CORPORATION SHALL DETERMINE WHETHER OR NOT TO CONDUCT A PUBLIC HEARING
ON THE ECONOMIC IMPACT OF THE PROPOSED ACTION. SUCH PUBLIC HEARING SHALL
BE HELD IN A CITY, TOWN OR VILLAGE WHERE THE PROJECT IS PROPOSED TO BE
LOCATED OR, IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, IN THE
COMMUNITY DISTRICT OR DISTRICTS IN WHICH SUCH PROJECT IS PROPOSED TO BE
LOCATED OR IN THE RESPECTIVE BOROUGH, IF SUCH PROJECT IS PROPOSED TO BE
LOCATED IN TWO OR MORE COMMUNITY DISTRICTS. THE CORPORATION MUST GIVE
AT LEAST THIRTY DAYS' PUBLISHED NOTICE OF SUCH PUBLIC HEARING AND SHALL,
AT THE SAME TIME, PROVIDE NOTICE OF SUCH HEARING TO THE CHIEF EXECUTIVE
OFFICER OF EACH AFFECTED TAX JURISDICTION WITHIN WHICH THE PROJECT IS
PROPOSED TO BE LOCATED. THE NOTICE OF HEARING MUST STATE THE TIME AND
PLACE OF THE HEARING, CONTAIN A GENERAL, FUNCTIONAL DESCRIPTION OF THE
PROJECT, DESCRIBE THE PROSPECTIVE LOCATION OF THE PROJECT, IDENTIFY THE
INITIAL OWNER, OPERATOR, OR MANAGER OF THE PROJECT, GENERALLY DESCRIBE
THE FINANCIAL ASSISTANCE CONTEMPLATED BY THE CORPORATION WITH RESPECT TO
THE PROJECT, AND PROVIDE AN OPPORTUNITY FOR THE PUBLIC TO REVIEW THE
PROJECT APPLICATION, WHICH SHALL INCLUDE AN ANALYSIS OF THE COSTS AND
BENEFITS OF THE PROPOSED PROJECT. THE NOTICE OF HEARING MUST BE
PUBLISHED IN THE STATE REGISTER AND THE WEBSITE OF THE CORPORATION.
(B) IF THE CORPORATION DETERMINES TO HOLD SUCH A HEARING, IT SHALL
COMMENCE THE HEARING WITHIN SIXTY DAYS OF THE FILING AND, UNLESS THE
PROPOSED ACTION IS WITHDRAWN FROM CONSIDERATION, SHALL PREPARE THE
ECONOMIC IMPACT STATEMENT WITHIN FORTY-FIVE DAYS AFTER THE CLOSE OF THE
HEARING, EXCEPT AS OTHERWISE PROVIDED. THE NEED FOR SUCH A HEARING SHALL
BE DETERMINED IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE CORPORATION.
IF NO HEARING IS HELD, THE CORPORATION SHALL PREPARE AND MAKE AVAILABLE
THE ECONOMIC IMPACT STATEMENT WITHIN SIXTY DAYS AFTER THE FILING OF THE
DRAFT, EXCEPT AS OTHERWISE PROVIDED.
(C) NOTWITHSTANDING THE SPECIFIED TIME PERIODS ESTABLISHED BY THIS
SUBPARAGRAPH, A CORPORATION SHALL VARY THE TIMES SO ESTABLISHED IN THIS
CLAUSE FOR PREPARATION, REVIEW, AND PUBLIC HEARINGS TO COORDINATE THE
ECONOMIC AND SOCIAL REVIEW PROCESS WITH OTHER PROCEDURES RELATING TO
S. 3432--A 4
REVIEW AND APPROVAL OR DISAPPROVAL OF AN ACTION. AN APPLICATION OR
AUTHORIZATION FOR AN ACTION UPON WHICH A DRAFT ECONOMIC IMPACT STATEMENT
IS DETERMINED TO BE REQUIRED SHALL NOT BE COMPLETE UNTIL SUCH DRAFT
STATEMENT HAS BEEN FILED AND ACCEPTED BY THE CORPORATION AS SATISFACTORY
WITH RESPECT TO SCOPE, CONTENT, AND ADEQUACY FOR PURPOSES OF THIS
SUBPARAGRAPH. COMMENCING UPON SUCH ACCEPTANCE, THE ECONOMIC IMPACT
STATEMENT PROCESS SHALL RUN CONCURRENTLY WITH OTHER PROCEDURES RELATING
TO THE REVIEW AND APPROVAL OF THE ACTION, SO LONG AS REASONABLE TIME IS
PROVIDED FOR PREPARATION, REVIEW, AND PUBLIC HEARINGS WITH RESPECT TO
THE DRAFT ECONOMIC IMPACT STATEMENT.
(V) TO THE EXTENT POSSIBLE, THE ECONOMIC IMPACT STATEMENT PREPARED
PURSUANT TO CLAUSE (I) OF THIS SUBPARAGRAPH, TOGETHER WITH THE COMMENTS
OF PUBLIC AGENCIES AND MEMBERS OF THE PUBLIC, SHALL BE FILED WITH THE
GOVERNING BODY OF EACH MUNICIPALITY OR POLITICAL SUBDIVISION THEREOF FOR
WHOSE BENEFIT SUCH CORPORATION IS ESTABLISHED AND MADE AVAILABLE TO THE
PUBLIC PRIOR TO ACTING ON THE PROPOSAL WHICH IS THE SUBJECT OF THE
ECONOMIC IMPACT STATEMENT.
(VI) A CORPORATION MAY CHARGE A FEE TO AN APPLICANT TO RECOVER THE
COSTS INCURRED IN PREPARING OR CAUSING TO BE PREPARED OR REVIEWING A
DRAFT ECONOMIC IMPACT STATEMENT OR AN ECONOMIC IMPACT STATEMENT ON THE
ACTION WHICH THE APPLICANT REQUESTS FROM THE CORPORATION; PROVIDED,
HOWEVER, THAT AN APPLICANT MAY NOT BE CHARGED A SEPARATE FEE FOR BOTH
THE PREPARATION AND REVIEW OF SUCH STATEMENTS. THE TECHNICAL SERVICES OF
THE CORPORATION MAY BE MADE AVAILABLE ON A FEE BASIS REFLECTING THE
COSTS THEREOF TO A REQUESTING APPLICANT, WHICH FEE OR FEES MAY APPROPRI-
ATELY BE CHARGED BY THE CORPORATION TO THE APPLICANT UNDER RULES AND
REGULATIONS, WHICH THE CORPORATION SHALL ISSUE FOR SUCH PURPOSE.
(VII) WHEN A CORPORATION DECIDES TO CARRY OUT OR APPROVE AN ACTION
WHICH HAS BEEN THE SUBJECT OF AN ECONOMIC IMPACT STATEMENT, IT SHALL
MAKE AN EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SUBPARAGRAPH HAVE
BEEN MET AND THAT, CONSISTENT WITH SOCIAL, ECONOMIC, AND OTHER ESSENTIAL
CONSIDERATION, TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE ECONOMIC,
SOCIAL, AND COMMUNITY EFFECTS REVEALED IN THE ECONOMIC IMPACT STATEMENT
PROCESS WILL BE MINIMIZED OR AVOIDED.
(3) Before any sale or lease to a local development corporation incor-
porated or reincorporated under this article shall be authorized, a
public hearing shall be held by the local legislative body, or [by the
board of estimate], IN CITIES HAVING A POPULATION OF ONE MILLION OR
MORE, BY THE COMMUNITY BOARD OR BOARDS OR THE RESPECTIVE BOROUGH BOARD,
as the case may be, to consider the proposed sale or lease ONLY AFTER
THE COMPLETION OF THE ECONOMIC IMPACT STATEMENT REQUIRED BY SUBPARAGRAPH
TWO-A OF THIS PARAGRAPH. A PUBLIC HEARING MAY ONLY BE CONVENED IF
TWO-THIRDS OF THE BOARD MEMBERS ARE PRESENT. IF NOT, SUCH PUBLIC HEARING
SHALL NOT BE CONVENED AND SHALL BE RESCHEDULED, SUBJECT TO THE SAME
QUORUM REQUIREMENTS.
S 2. Paragraph (i) of section 1411 of the not-for-profit corporation
law is relettered paragraph (j) and a new paragraph (i) is added to read
as follows:
(I) MUNICIPAL INPUT.
(1) BOARD MEMBERS OR EMPLOYEES OF A LOCAL DEVELOPMENT CORPORATION MUST
NOT BE OR HAVE, WITHIN THE PAST FIVE YEARS, BEEN: (A) AN EMPLOYEE OR AN
OWNER OF A FIRM THAT IS A PAID ADVISOR OR CONSULTANT OF THE LOCAL DEVEL-
OPMENT CORPORATION, INCLUDING A PRESENT OR FORMER INDEPENDENT AUDITOR OF
THE LOCAL DEVELOPMENT CORPORATION; (B) EMPLOYED BY A SIGNIFICANT SUPPLI-
ER OF THE LOCAL DEVELOPMENT CORPORATION; (C) EMPLOYED BY AND HAD A FIVE
PERCENT OR GREATER OWNERSHIP INTEREST IN A SUPPLIER WHERE SALES TO THE
S. 3432--A 5
LOCAL DEVELOPMENT CORPORATION REPRESENT MORE THAN ONE PERCENT OF THE
SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF THE PURCHASES OF THE
LOCAL DEVELOPMENT CORPORATION; (D) A "POLITICAL PARTY CHAIRMAN" AS SUCH
TERM IS DEFINED IN PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION SEVENTY-
THREE OF THE PUBLIC OFFICERS LAW; OR (E) A LOBBYIST REGISTERED UNDER A
STATE OR LOCAL LAW COVERING ANY JURISDICTION SERVED IN WHOLE OR IN PART
BY THE LOCAL DEVELOPMENT CORPORATION. IN ADDITION, AT LEAST ONE-THIRD
OF ALL MEMBERS SHALL BE REPRESENTATIVE OF LOCAL GOVERNMENT, ORGANIZED
LABOR, OR THE ENGINEERING, BUSINESS, OR ENVIRONMENTAL COMMUNITIES.
(2) THE LOCAL DEVELOPMENT CORPORATION SHALL FILE AN ANNUAL REPORT WITH
THE ATTORNEY GENERAL NOTING THE LOCAL DEVELOPMENT CORPORATION'S FINAN-
CIAL ACTIVITY DURING EACH YEAR, INCLUDING, BUT NOT LIMITED TO, THE
AMOUNT AND THE REASON FOR THE AMOUNT AND KINDS OF FINANCIAL INCENTIVES
PROVIDED TO ANY ENTITY AND ANY OTHER DATA THAT THE ATTORNEY GENERAL MAY
REQUIRE. THE REPORT SHALL BE SUBMITTED BEFORE FEBRUARY FIRST OF EACH
YEAR. EACH REPORT SHALL BE MADE AVAILABLE TO THE PUBLIC IN AN EASILY
ACCESSIBLE FORMAT, INCLUDING BUT NOT LIMITED TO AN ELECTRONIC VERSION
VIA THE WORLD WIDE WEB.
(3) ANY LEASE, SALE, OR OTHER REVENUES COLLECTED BY THE CORPORATION
SHALL BE PAID TO THE LOCAL GOVERNING BODY IN WHICH REAL PROPERTY OR
OTHER SOURCE OF REVENUE IS LOCATED, AND PROPORTIONALLY DIVIDED IF
LOCATED IN MORE THAN ONE MUNICIPALITY.
(4) THE GOVERNING BODY OF EACH MUNICIPALITY FOR WHOSE BENEFIT A CORPO-
RATION IS ESTABLISHED SHALL HAVE THE AUTHORITY TO APPROVE OR DISAPPROVE
ANY AGENCY USE OF EMINENT DOMAIN, DISPOSITION OF CORPORATE PROPERTY,
ISSUANCE OF BONDS, ENTRANCE INTO AGREEMENTS REQUIRING PAYMENTS, OR
ENTERING INTO AGREEMENTS FOR PAYMENTS IN LIEU OF TAXES. EACH SUCH
GOVERNING BODY SHALL APPROVE OR DISAPPROVE ANY OF THE ABOVE CORPORATE
DECISIONS BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT OF LOCAL
LAWS, THE CHIEF EXECUTIVE OFFICER SHALL APPROVE OR DISAPPROVE SUCH
GOVERNING BODY'S DECISION, SUBJECT TO ANY APPLICABLE RIGHT TO OVERRIDE.
BOARDS SHALL NOT VIOLATE ANY LOCAL ZONING LAWS, ORDINANCES, OR REGU-
LATIONS OR LOCAL DEVELOPMENT PLANS. WHERE APPLICABLE, THE PROVISIONS OF
THIS SUBPARAGRAPH SHALL APPLY TO MORE THAN ONE LOCAL GOVERNING BODY AND
THE NEW YORK JOB DEVELOPMENT AUTHORITY.
S 3. Subdivision 2 of section 856 of the general municipal law, as
amended by chapter 356 of the laws of 1993, is amended to read as
follows:
2. An agency shall be a corporate governmental agency, constituting a
public benefit corporation. Except as otherwise provided by special act
of the legislature, an agency shall consist of not less than three nor
more than seven members who shall be appointed by the CHIEF EXECUTIVE
OFFICER, WITH THE ADVICE AND CONSENT OF THE LOCAL governing body, of
each municipality and who shall serve at the pleasure of the appointing
authority. [Such members may include representatives of local govern-
ment, school boards, organized labor and business.] AT LEAST ONE-THIRD
OF ALL MEMBERS SHALL BE REPRESENTATIVE OF LOCAL GOVERNMENT, ORGANIZED
LABOR, OR THE ENGINEERING, BUSINESS, OR ENVIRONMENTAL COMMUNITIES. A
member shall continue to hold office until his OR HER successor is
appointed and has qualified. The governing body of each municipality
shall designate the first [chairman] CHAIRPERSON and file with the
secretary of state a certificate of appointment or reappointment of any
member. Such members shall receive no compensation for their services
but shall be entitled to the necessary expenses, including traveling
expenses, incurred in the discharge of their duties. MEMBERS MUST NOT
BE OR HAVE, WITHIN THE PAST FIVE YEARS, BEEN:
S. 3432--A 6
(A) AN EMPLOYEE OR AN OWNER OF A FIRM THAT IS A PAID ADVISOR OR
CONSULTANT OF THE AGENCY, INCLUDING A PRESENT OR FORMER INDEPENDENT
AUDITOR OF THE AGENCY;
(B) EMPLOYED BY A SIGNIFICANT SUPPLIER OF THE AGENCY;
(C) EMPLOYED BY AND HAD A FIVE PERCENT OR GREATER OWNERSHIP INTEREST
IN A SUPPLIER WHERE SALES TO THE AGENCY REPRESENT MORE THAN ONE PERCENT
OF THE SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF THE PURCHASES
OF THE AGENCY;
(D) A "POLITICAL PARTY CHAIRMAN" AS SUCH TERM IS DEFINED IN PARAGRAPH
(K) OF SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW; OR
(E) A LOBBYIST REGISTERED UNDER A STATE OR LOCAL LAW COVERING ANY
JURISDICTION SERVED IN WHOLE OR IN PART BY THE AGENCY.
S 4. Subdivision 15 of section 858 of the general municipal law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
(15) To enter into agreements requiring payments in lieu of taxes.
Such agreements shall be in writing and in addition to other terms shall
contain: the amount due annually to each affected tax jurisdiction (or
a formula by which the amount due can be calculated), the name and
address of the person, office or agency to which payment shall be deliv-
ered, the date on which payment shall be made, and the date on which
payment shall be considered delinquent if not paid. Unless otherwise
agreed by the affected tax jurisdictions, any such agreement shall
provide that payments in lieu of taxes shall be allocated among affected
tax jurisdictions in proportion to the amount of real property tax and
other taxes which would have been received by each affected tax juris-
diction had the project not been tax exempt due to the status of the
agency involved in the project. A copy of any such agreement shall be
delivered to each affected tax jurisdiction within fifteen days of sign-
ing the agreement. In the absence of any such written agreement,
payments in lieu of taxes made by an agency shall be allocated in the
same proportions as they had been prior to January first, nineteen
hundred ninety-three for so long as the agency's activities render a
project non-taxable by affected tax jurisdictions. STANDARD TAX
EXEMPTION POLICIES ESTABLISHED IN LAW OR BY AGENCIES SHALL BE SENT ANNU-
ALLY TO CHIEF EXECUTIVES AND ALL MEMBERS OF GOVERNING BOARDS OF ALL
AFFECTED TAX JURISDICTIONS. ANY CHANGES TO THE STANDARD TAX EXEMPTION
POLICIES SHALL ALSO BE SENT TO CHIEF EXECUTIVES AND ALL MEMBERS OF
GOVERNING BOARDS OF AFFECTED TAX JURISDICTIONS. STANDARD TAX EXEMPTION
POLICIES SHALL ALSO BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE
AGENCY'S WEBSITE. EVERY AGENCY SHALL BE REQUIRED TO MAINTAIN, AND MAKE
AVAILABLE TO ALL LOCAL ELECTED OFFICIALS AND THE PUBLIC, A CURRENT SCHE-
DULE OF ALL PILOT PAYMENTS DUE EACH YEAR AND THE AMOUNT OF EACH PAYMENT
ALLOCABLE TO EACH AFFECTED TAX JURISDICTION ON WHOSE BEHALF THE PILOT IS
BEING COLLECTED. ALL AGENCIES SHALL MAINTAIN, AND MAKE READILY AVAIL-
ABLE TO ALL LOCAL ELECTED OFFICIALS AND THE PUBLIC, CURRENT SCHEDULES OF
PROJECT OWNERS WHO ARE IN ARREARS IN THE MAKING OF REQUIRED PILOT
PAYMENTS, THE AMOUNTS INVOLVED, AND THE TIME PERIODS INVOLVED. EVERY
AGENCY MUST ENSURE THAT ALL PILOT PAYMENTS ARE PROMPTLY RECEIVED AND
FULLY TRANSMITTED TO THE TREASURIES OF THE AFFECTED TAX JURISDICTIONS ON
WHOSE BEHALF THOSE PILOT PAYMENTS WERE COLLECTED;
S 5. The general municipal law is amended by adding a new section
858-c to read as follows:
S 858-C. MUNICIPAL INPUT. 1. THE GOVERNING BODY OF EACH MUNICIPALITY
FOR WHOSE BENEFIT AN AGENCY IS ESTABLISHED SHALL HAVE THE AUTHORITY TO
APPROVE OR DISAPPROVE ANY AGENCY USE OF EMINENT DOMAIN, DISPOSITION OF
S. 3432--A 7
AGENCY PROPERTY, ISSUANCE OF BONDS, ENTRANCE INTO AGREEMENTS REQUIRING
PAYMENTS, OR ENTERING INTO AGREEMENTS FOR PAYMENTS IN LIEU OF TAXES.
EACH SUCH GOVERNING BODY SHALL APPROVE OR DISAPPROVE ANY OF THE ABOVE
AGENCY DECISIONS BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT OF
LOCAL LAWS, THE CHIEF EXECUTIVE OFFICER SHALL APPROVE OR DISAPPROVE SUCH
GOVERNING BODY'S DECISION, SUBJECT TO ANY APPLICABLE RIGHT TO OVERRIDE.
2. AGENCY BOARDS SHALL NOT VIOLATE ANY LOCAL ZONING LAWS, ORDINANCES,
OR REGULATIONS OR LOCAL DEVELOPMENT PLANS.
S 6. Paragraphs (a) and (b) of subdivision 1 of section 859 of the
general municipal law, paragraph (a) as added by chapter 692 of the laws
of 1989 and paragraph (b) as amended by chapter 357 of the laws of 1993,
are amended to read as follows:
(a) Each agency shall maintain books and records in such form as may
be prescribed by the state comptroller. THE COMPTROLLER SHALL PRESCRIBE
RULES ON STANDARDIZING THE CALCULATION OF TAX BENEFITS.
(b) Within ninety days following the close of its fiscal year, each
agency or authority shall prepare a financial statement for that fiscal
year in such form as may be prescribed by the state comptroller. Such
statement shall be audited within such ninety day period by an independ-
ent certified public accountant in accordance with government accounting
standards established by the United States general accounting office.
The audited financial statement shall include supplemental schedules
listing all straight-lease transactions and bonds and notes issued,
outstanding or retired during the applicable accounting period whether
or not such bonds, notes or transactions are considered obligations of
the agency, AND INFORMATION ON PILOTS. For each issue of bonds or notes
such schedules shall provide the name of each project financed with
proceeds of each issue, and whether the project occupant is a not-for-
profit corporation, the name and address of each owner of each project,
THE ADDRESS OF EACH PROJECT, the estimated amount of tax exemptions
authorized for each project, the purpose for which each bond or note was
issued, date of issue, interest rate at issuance and if variable the
range of interest rates applicable, maturity date, federal tax status of
each issue, and an estimate of the number of jobs created and retained
by each project. For each straight-lease transaction, such schedules
shall provide the name of each project, and whether the project occupant
is a not-for-profit corporation, the name and address of each owner of
each project, the estimated amount of tax exemptions authorized for each
project, the purpose for which each transaction was made, the method of
financial assistance utilized by the project, other than the tax
exemptions claimed by the project and an estimate of the number of jobs
created and retained by each project.
S 7. Section 859-a of the general municipal law, as added by chapter
356 of the laws of 1993, and subdivisions 4, 5 and 6 as added by chapter
563 of the laws of 2015, is amended to read as follows:
S 859-a. Additional prerequisites to the provisions of financial
assistance, ECONOMIC IMPACT STATEMENTS AND PUBLIC HEARINGS. Prior to
providing any financial assistance of more than one hundred thousand
dollars to any project, the agency must comply with the following
prerequisites:
1. The agency must adopt a resolution describing the project and the
financial assistance that the agency is contemplating with respect to
such project. AGENCIES MUST MAINTAIN A LIST OF ALL PENDING PROJECTS
ABOUT WHICH THEY HAVE BEEN CONTACTED, AND MAKE SUCH LISTS AVAILABLE FOR
PUBLIC INSPECTION, INCLUDING BUT NOT LIMITED TO PUBLISHING THE LISTS ON
THE AGENCY'S WEBSITE. IF ANY PERSON REQUESTS MORE INFORMATION ABOUT A
S. 3432--A 8
PARTICULAR PROJECT, THE AGENCY SHALL PROVIDE SUCH INFORMATION AS EXPE-
DITIOUSLY AS POSSIBLE. Such assistance shall be consistent with the
uniform tax exemption policy adopted by the agency pursuant to subdivi-
sion four of section eight hundred seventy-four of this [chapter] TITLE,
unless the agency has followed the procedures for deviation from such
policy specified in paragraph (b) of such subdivision. SUCH ASSISTANCE
SHALL ALSO BE CONSISTENT WITH ENVIRONMENTAL PROTECTION, SUCH AS OPEN
SPACE PROTECTION, THAT WILL PROMOTE NEW DEVELOPMENT PATTERNS IN ORDER TO
TAKE ADVANTAGE OF RESOURCES AND OPPORTUNITIES, SUCH AS EXISTING PUBLIC
SEWER AND WATER INFRASTRUCTURE, WITHOUT COMPROMISING THE NEEDS OF FUTURE
GENERATIONS; AND LABOR PROTECTION, INCLUDING ALL FEDERAL, STATE, AND
LOCAL LABOR LAWS, RULES, OR REGULATIONS. THE AGENCY SHALL NOT GRANT OR
APPROPRIATE ASSISTANCE TO ANY ENTITY THAT HAS COMMITTED VIOLATIONS OF
ANY FEDERAL, STATE, OR LOCAL LAWS.
2. THE AGENCY SHALL PREPARE (WHERE THE APPLICANT DOES NOT PREPARE THE
ECONOMIC IMPACT STATEMENT), OR CAUSE TO BE PREPARED BY CONTRACT OR
OTHERWISE, AN ECONOMIC IMPACT STATEMENT ON ANY ACTION THAT IT PROPOSES
OR APPROVES WHICH MAY HAVE A SIGNIFICANT EFFECT ON THE AFFECTED LOCAL
ECONOMY AND LOCAL COMMUNITY. THE AGENCY SHALL USE ALL PRACTICABLE MEANS
TO REALIZE THE POLICIES AND GOALS SET FORTH IN THIS ARTICLE, AND SHALL
ACT AND CHOOSE ALTERNATIVES WHICH, CONSISTENT WITH SOCIAL, ECONOMIC, AND
OTHER ESSENTIAL CONSIDERATIONS, TO THE MAXIMUM EXTENT PRACTICABLE, MINI-
MIZE OR AVOID ADVERSE ECONOMIC EFFECTS, INCLUDING EFFECTS REVEALED IN
THE ECONOMIC IMPACT STATEMENT PROCESS. SUCH A STATEMENT SHALL INCLUDE A
DETAILED STATEMENT SETTING FORTH THE FOLLOWING:
(A) A DESCRIPTION OF THE PROPOSED ACTION AND ITS ECONOMIC AND SOCIAL
SETTING;
(B) THE ECONOMIC AND SOCIAL IMPACT OF THE PROPOSED ACTION, INCLUDING
SHORT-TERM AND LONG-TERM EFFECTS, ESPECIALLY TO THE AFFECTED COMMUNITY;
(C) ANY ADVERSE ECONOMIC EFFECTS WHICH CANNOT BE AVOIDED SHOULD THE
PROPOSAL BE IMPLEMENTED;
(D) ALTERNATIVES TO THE PROPOSED ACTION;
(E) ANY IRREVERSIBLE AND IRRETRIEVABLE COMMITMENTS AND SOCIAL
RESOURCES WHICH WOULD BE INVOLVED IN THE PROPOSED ACTION, SHOULD IT BE
IMPLEMENTED;
(F) MITIGATION MEASURES PROPOSED TO MINIMIZE THE ECONOMIC, SOCIAL OR
OTHER ESSENTIAL IMPACTS; AND
(G) THE GROWTH-INDUCING ASPECTS OF THE PROPOSED ACTION, WHERE APPLICA-
BLE AND SIGNIFICANT.
SUCH A STATEMENT SHALL ALSO INCLUDE COPIES OR A SUMMARY OF THE
SUBSTANTIVE COMMENTS RECEIVED BY THE AGENCY PURSUANT TO SUBDIVISION SIX
OF THIS SECTION, AND THE AGENCY RESPONSE TO SUCH COMMENTS. THE PURPOSE
OF AN ECONOMIC IMPACT STATEMENT IS TO PROVIDE DETAILED INFORMATION ABOUT
THE EFFECT WHICH A PROPOSED ACTION IS LIKELY TO HAVE ON THE ECONOMY,
EMPLOYMENT CONDITIONS, AND SOCIAL CHARACTERISTICS OF A COMMUNITY, TO
LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF SUCH AN ACTION MIGHT BE MINI-
MIZED, AND TO SUGGEST ALTERNATIVES TO SUCH AN ACTION SO AS TO FORM THE
BASIS FOR A DECISION AS TO WHETHER OR NOT TO UNDERTAKE OR APPROVE SUCH
ACTION. SUCH STATEMENT SHALL BE CLEARLY WRITTEN IN A CONCISE MANNER
CAPABLE OF BEING READ AND UNDERSTOOD BY THE PUBLIC, SHALL DEAL WITH THE
SPECIFIC SIGNIFICANT ECONOMIC IMPACTS WHICH CAN BE REASONABLY ANTIC-
IPATED, AND SHALL NOT CONTAIN MORE DETAIL THAN IS APPROPRIATE, CONSIDER-
ING THE NATURE AND MAGNITUDE OF THE PROPOSED ACTION AND THE SIGNIFICANCE
OF ITS POTENTIAL IMPACTS.
3. THE AGENCY MAY REQUIRE AN APPLICANT TO SUBMIT AN ECONOMIC REPORT TO
ASSIST THE AGENCY IN CARRYING OUT ITS RESPONSIBILITIES, INCLUDING THE
S. 3432--A 9
INITIAL DETERMINATION AND, (WHERE THE APPLICANT DOES NOT PREPARE THE
ECONOMIC IMPACT STATEMENT), THE PREPARATION OF AN ECONOMIC IMPACT STATE-
MENT UNDER THIS ARTICLE. THE AGENCY MAY REQUEST SUCH OTHER INFORMATION
FROM AN APPLICANT NECESSARY FOR THE REVIEW OF ECONOMIC AND SOCIAL
IMPACTS. NOTWITHSTANDING ANY USE OF OUTSIDE RESOURCES OR WORK, AGENCIES
SHALL MAKE THEIR OWN INDEPENDENT JUDGMENT OF THE SCOPE, CONTENTS, AND
ADEQUACY OF AN ECONOMIC IMPACT STATEMENT.
4. (A) AS EARLY AS POSSIBLE IN THE FORMULATION OF A PROPOSAL FOR AN
ACTION, THE AGENCY SHALL MAKE AN INITIAL DETERMINATION AS TO WHETHER OR
NOT AN ECONOMIC IMPACT STATEMENT NEED BE PREPARED FOR THE ACTION. WITH
RESPECT TO ACTIONS INVOLVING THE ISSUANCE TO AN APPLICANT OF A PERMIT OR
OTHER ENTITLEMENT, THE AGENCY SHALL NOTIFY THE APPLICANT IN WRITING OF
ITS INITIAL DETERMINATION, SPECIFYING THEREIN THE BASIS FOR SUCH DETER-
MINATION. NOTICE OF THE INITIAL DETERMINATION, ALONG WITH APPROPRIATE
SUPPORTING FINDINGS ON AGENCY ACTIONS, SHALL BE KEPT ON FILE IN THE MAIN
OFFICE OF THE AGENCY FOR PUBLIC INSPECTION. IF THE AGENCY DETERMINES
THAT SUCH STATEMENT IS REQUIRED, THE AGENCY OR THE APPLICANT, AT THE
APPLICANT'S OPTION, SHALL PREPARE OR CAUSE TO BE PREPARED A DRAFT
ECONOMIC IMPACT STATEMENT. IF THE APPLICANT DOES NOT EXERCISE THE
OPTION TO PREPARE SUCH STATEMENT, THE AGENCY SHALL PREPARE IT, CAUSE IT
TO BE PREPARED, OR TERMINATE ITS REVIEW OF THE PROPOSED ACTION. SUCH
STATEMENT SHALL DESCRIBE THE PROPOSED ACTION AND REASONABLE ALTERNATIVES
TO THE ACTION, AND BRIEFLY DISCUSS, ON THE BASIS OF INFORMATION THEN
AVAILABLE, THE REMAINING ITEMS REQUIRED TO BE SUBMITTED BY SUBDIVISION
TWO OF THIS SECTION. THE PURPOSE OF A DRAFT ECONOMIC STATEMENT IS TO
RELATE ECONOMIC AND SOCIAL CONSIDERATIONS TO THE INCEPTION OF THE PLAN-
NING PROCESS, TO INFORM THE PUBLIC AND OTHER PUBLIC AGENCIES AS EARLY AS
POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT THE QUALI-
TY OF THE ECONOMIC AND SOCIAL CONDITIONS, AND TO SOLICIT COMMENTS WHICH
WILL ASSIST THE AGENCY IN THE DECISION MAKING PROCESS IN DETERMINING THE
ECONOMIC AND SOCIAL CONSEQUENCES OF THE PROPOSED ACTION. THE DRAFT
STATEMENT SHALL RESEMBLE IN FORM AND CONTENT THE ECONOMIC IMPACT STATE-
MENT TO BE PREPARED AFTER COMMENTS HAVE BEEN RECEIVED AND CONSIDERED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION; HOWEVER, THAT THE LENGTH
AND DETAIL OF THE DRAFT ECONOMIC STATEMENT WILL NECESSARILY REFLECT THE
PRELIMINARY NATURE OF THE PROPOSAL AND THE EARLY STAGE AT WHICH IT IS
PREPARED;
(B) THE DRAFT STATEMENT SHALL BE FILED WITH THE APPROPRIATE GOVERNING
BODY OF EACH MUNICIPALITY FOR WHOSE BENEFIT SUCH AGENCY IS ESTABLISHED.
5. (A) AFTER THE FILING OF A DRAFT ECONOMIC IMPACT STATEMENT, THE
AGENCY SHALL DETERMINE WHETHER OR NOT TO CONDUCT A PUBLIC HEARING ON THE
ECONOMIC IMPACT OF THE PROPOSED ACTION. SUCH PUBLIC HEARING SHALL BE
HELD IN A CITY, TOWN, OR VILLAGE WHERE THE PROJECT IS PROPOSED TO BE
LOCATED. THE AGENCY MUST GIVE AT LEAST THIRTY DAYS' PUBLISHED NOTICE OF
SUCH PUBLIC HEARING AND SHALL, AT THE SAME TIME, PROVIDE NOTICE OF SUCH
HEARING TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTION
WITHIN WHICH THE PROJECT IS PROPOSED TO BE LOCATED. THE NOTICE OF HEAR-
ING MUST STATE THE TIME AND PLACE OF THE HEARING, CONTAIN A GENERAL,
FUNCTIONAL DESCRIPTION OF THE PROJECT, DESCRIBE THE PROSPECTIVE LOCATION
OF THE PROJECT, IDENTIFY THE INITIAL OWNER, OPERATOR, OR MANAGER OF THE
PROJECT, GENERALLY DESCRIBE THE FINANCIAL ASSISTANCE CONTEMPLATED BY THE
AGENCY WITH RESPECT TO THE PROJECT, AND PROVIDE AN OPPORTUNITY FOR THE
PUBLIC TO REVIEW THE PROJECT APPLICATION, WHICH SHALL INCLUDE AN ANALY-
SIS OF THE COSTS AND BENEFITS OF THE PROPOSED PROJECT. THE NOTICE OF
HEARING MUST BE PUBLISHED IN THE STATE REGISTER AND THE WEBSITE OF THE
AGENCY.
S. 3432--A 10
(B) IF THE AGENCY DETERMINES TO HOLD SUCH A HEARING, IT SHALL COMMENCE
THE HEARING WITHIN SIXTY DAYS OF THE FILING AND, UNLESS THE PROPOSED
ACTION IS WITHDRAWN FROM CONSIDERATION, SHALL PREPARE THE ECONOMIC
IMPACT STATEMENT WITHIN FORTY-FIVE DAYS AFTER THE CLOSE OF THE HEARING,
EXCEPT AS OTHERWISE PROVIDED. THE NEED FOR SUCH A HEARING SHALL BE
DETERMINED IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE AGENCY PURSUANT
TO SECTION EIGHT HUNDRED FIFTY-EIGHT OF THIS TITLE. IF NO HEARING IS
HELD, THE AGENCY SHALL PREPARE AND MAKE AVAILABLE THE ECONOMIC IMPACT
STATEMENT WITHIN SIXTY DAYS AFTER THE FILING OF THE DRAFT, EXCEPT AS
OTHERWISE PROVIDED.
(C) NOTWITHSTANDING THE SPECIFIED TIME PERIODS ESTABLISHED BY THIS
ARTICLE, AN AGENCY SHALL VARY THE TIMES SO ESTABLISHED HEREIN FOR PREPA-
RATION, REVIEW AND PUBLIC HEARINGS TO COORDINATE THE ECONOMIC AND SOCIAL
REVIEW PROCESS WITH OTHER PROCEDURES RELATING TO REVIEW AND APPROVAL OF
AN ACTION. AN APPLICATION OR AUTHORIZATION FOR AN ACTION UPON WHICH A
DRAFT ECONOMIC IMPACT STATEMENT IS DETERMINED TO BE REQUIRED SHALL NOT
BE COMPLETE UNTIL SUCH DRAFT STATEMENT HAS BEEN FILED AND ACCEPTED BY
THE AGENCY AS SATISFACTORY WITH RESPECT TO SCOPE, CONTENT, AND ADEQUACY
FOR PURPOSES OF SUBDIVISION FOUR OF THIS SECTION. COMMENCING UPON SUCH
ACCEPTANCE, THE ECONOMIC IMPACT STATEMENT PROCESS SHALL RUN CONCURRENTLY
WITH OTHER PROCEDURES RELATING TO THE REVIEW AND APPROVAL OF THE ACTION,
SO LONG AS REASONABLE TIME IS PROVIDED FOR PREPARATION, REVIEW, AND
PUBLIC HEARINGS WITH RESPECT TO THE DRAFT ECONOMIC IMPACT STATEMENT.
6. TO THE EXTENT POSSIBLE, THE ECONOMIC IMPACT STATEMENT PREPARED
PURSUANT TO SUBDIVISION TWO OF THIS SECTION, TOGETHER WITH THE COMMENTS
OF PUBLIC AGENCIES AND MEMBERS OF THE PUBLIC, SHALL BE FILED WITH THE
GOVERNING BODY OF EACH MUNICIPALITY FOR WHOSE BENEFIT SUCH AGENCY IS
ESTABLISHED AND MADE AVAILABLE TO THE PUBLIC PRIOR TO ACTING ON THE
PROPOSAL WHICH IS THE SUBJECT OF THE ECONOMIC IMPACT STATEMENT.
7. AN AGENCY MAY CHARGE A FEE TO AN APPLICANT TO RECOVER THE COSTS
INCURRED IN PREPARING OR CAUSING TO BE PREPARED OR REVIEWING A DRAFT
ECONOMIC IMPACT STATEMENT OR AN ECONOMIC IMPACT STATEMENT ON THE ACTION
WHICH THE APPLICANT REQUESTS FROM THE AGENCY; PROVIDED, HOWEVER, THAT AN
APPLICANT MAY NOT BE CHARGED A SEPARATE FEE FOR BOTH THE PREPARATION AND
REVIEW OF SUCH STATEMENTS. THE TECHNICAL SERVICES OF THE AGENCY MAY BE
MADE AVAILABLE ON A FEE BASIS REFLECTING THE COSTS THEREOF TO A REQUEST-
ING AGENCY, WHICH FEE OR FEES MAY APPROPRIATELY BE CHARGED BY THE AGENCY
TO THE APPLICANT UNDER RULES AND REGULATIONS TO BE ISSUED BY THE AGENCY
FOR SUCH PURPOSE UNDER SECTION EIGHT HUNDRED FIFTY-EIGHT OF THIS TITLE.
8. WHEN AN AGENCY DECIDES TO CARRY OUT OR APPROVE AN ACTION WHICH HAS
BEEN THE SUBJECT OF AN ECONOMIC IMPACT STATEMENT, IT SHALL MAKE AN
EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND
THAT, CONSISTENT WITH SOCIAL, ECONOMIC, AND OTHER ESSENTIAL CONSIDER-
ATIONS, TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE ECONOMIC, SOCIAL, AND
COMMUNITY EFFECTS REVEALED IN THE ECONOMIC IMPACT STATEMENT PROCESS WILL
BE MINIMIZED OR AVOIDED.
9. The agency [must] SHALL hold a public hearing with respect to the
project and the proposed financial assistance being contemplated by the
agency AFTER THE COMPLETION OF THE FINAL ECONOMIC IMPACT STATEMENT.
[Said] SUCH public hearing shall be held in a city, town, or village
where the project [proposes] IS PROPOSED to [locate] BE LOCATED. At
[said] SUCH public hearing, interested parties shall be provided reason-
able opportunity, both orally and in writing, to present their views
with respect to the project AND THE FINAL ECONOMIC IMPACT STATEMENT. A
PUBLIC HEARING MAY ONLY BE CONVENED IF TWO-THIRDS OF THE BOARD MEMBERS
S. 3432--A 11
ARE PRESENT. IF NOT, SUCH PUBLIC HEARING SHALL NOT BE CONVENED AND SHALL
BE RESCHEDULED, SUBJECT TO THE SAME QUORUM REQUIREMENTS.
[3] 10. The agency must give at least ten days published notice of
[said] SUCH public hearing and shall, at the same time, provide notice
of such hearing to the chief executive officer of each affected tax
jurisdiction within which the project is located. The notice of hearing
must state the time and place of the hearing, contain a general, func-
tional description of the project, describe the prospective location of
the project, identify the initial owner, operator, or manager of the
project, and generally describe the financial assistance contemplated by
the agency with respect to the project. THE NOTICE OF HEARING MUST BE
PUBLISHED IN THE STATE REGISTER AND THE WEBSITE OF THE AGENCY. SUCH
ASSISTANCE SHALL ALSO BE CONSISTENT WITH ENVIRONMENTAL PROTECTION, SUCH
AS OPEN SPACE PROTECTION, THAT WILL PROMOTE NEW DEVELOPMENT PATTERNS IN
ORDER TO TAKE ADVANTAGE OF RESOURCES AND OPPORTUNITIES, SUCH AS EXISTING
PUBLIC SEWER AND WATER INFRASTRUCTURE, WITHOUT COMPROMISING THE NEEDS OF
FUTURE GENERATIONS; AND LABOR PROTECTION, INCLUDING ALL FEDERAL, STATE,
AND LOCAL LABOR LAWS, RULES OR REGULATIONS. THE AGENCY SHALL NOT GRANT
OR APPROPRIATE ASSISTANCE TO ANY ENTITY THAT HAS COMMITTED VIOLATIONS OF
ANY FEDERAL, STATE, OR LOCAL LAWS.
[4.] 11. Each agency shall develop a standard application form, which
shall be used by the agency to accept requests for financial assistance
from all individuals, firms, companies, developers or other entities or
organizations. The standard application form shall be submitted by or on
behalf of the applicant, and subscribed and affirmed under the penalties
of perjury by the applicant, or on behalf of the applicant by the chief
executive officer or such other individual that is duly authorized to
bind the applicant, as true, accurate and complete to the best of his or
her knowledge. The standard application form shall include the follow-
ing, and may include such other supplemental information as determined
to be necessary and appropriate by the agency, including supporting
documents and information provided by or on behalf of the applicant:
(a) the name and address of the project applicant;
(b) a description of the proposed project for which financial assist-
ance is requested, including the type of project, proposed location and
purpose of the project;
(c) the amount and type of financial assistance being requested,
including the estimated value of each type of tax exemption sought to be
claimed by reason of agency involvement in the project;
(d) a statement that there is a likelihood that the project would not
be undertaken but for the financial assistance provided by the agency
or, if the project could be undertaken without financial assistance
provided by the agency, a statement indicating why the project should be
undertaken by the agency;
(e) an estimate of capital costs of the project, including all costs
of real property and equipment acquisition and building construction or
reconstruction, financed from private sector sources, an estimate of the
percentage of project costs financed from public sector sources, and an
estimate of both the amount to be invested by the applicant and the
amount to be borrowed to finance the project.
(f) the projected number of full time equivalent jobs that would be
retained and that would be created if the request for financial assist-
ance is granted, the projected timeframe for the creation of new jobs,
the estimated salary and fringe benefit averages or ranges for catego-
ries of the jobs that would be retained or created if the request for
financial assistance is granted, and an estimate of the number of resi-
S. 3432--A 12
dents of the economic development region as established pursuant to
section two hundred thirty of the economic development law or the labor
market area as defined by the agency, in which the project is located
that would fill such jobs. The labor market area defined by the agency
for this purpose may include no more than six contiguous counties in the
state, including the county in which the project is to be located;
(g) a statement to the effect that the provisions of subdivision one
of section eight hundred sixty-two of this chapter will not be violated
if financial assistance is provided for the proposed project;
(h) a statement that the owner, occupant or operator receiving finan-
cial assistance is in substantial compliance with applicable local,
state and federal tax, worker protection and environmental laws, rules
and regulations; and
(i) a statement acknowledging that the submission of any knowingly
false or knowingly misleading information may lead to the immediate
termination of any financial assistance and the reimbursement of an
amount equal to all or part of any tax exemptions claimed by reason of
agency involvement in the project.
[5.] 12. Each agency shall develop, and adopt by resolution, uniform
criteria for the evaluation and selection for each category of projects
for which financial assistance will be provided. At a minimum, the
criteria shall require that, for each project, the following must occur
prior to the approval of the provision of financial assistance:
(a) an assessment by the agency of all material information included
in connection with the application for financial assistance, as neces-
sary to afford a reasonable basis for the decision by the agency to
provide financial assistance for the project;
(b) a written cost-benefit analysis by the agency that identifies the
extent to which a project will create or retain permanent, private
sector jobs; the estimated value of any tax exemptions to be provided;
the amount of private sector investment generated or likely to be gener-
ated by the proposed project; the likelihood of accomplishing the
proposed project in a timely fashion; and the extent to which the
proposed project will provide additional sources of revenue for munici-
palities and school districts; and any other public benefits that might
occur as a result of the project;
(c) a statement by the applicant that the project, as of the date of
the application, is in substantial compliance with all provisions of
this article including, but not limited to, the provisions of this
section and subdivision one of section eight hundred sixty-two of this
chapter; and
(d) if the project involves the removal or abandonment of a facility
or plant within the state, notification by the agency to the chief exec-
utive officer or officers of the municipality or municipalities in which
the facility or plant was located.
[6.] 13. Each agency shall develop a uniform agency project agreement
that sets forth terms and conditions under which financial assistance
shall be provided. The uniform agency project agreement shall be used by
the agency and no financial assistance shall be provided in the absence
of the execution of such an agreement. The uniform agency project agree-
ment shall, at a minimum:
(a) describe the project and the financial assistance, including the
amount and type, to be provided, and the agency purpose to be achieved;
(b) require each project owner, occupant or operator receiving finan-
cial benefits to provide annually a certified statement and documenta-
tion: (i) enumerating the full time equivalent jobs retained and the
S. 3432--A 13
full time equivalent jobs created as a result of the financial assist-
ance, by category, including full time equivalent independent contrac-
tors or employees of independent contractors that work at the project
location, and (ii) indicating that the salary and fringe benefit aver-
ages or ranges for categories of jobs retained and jobs created that was
provided in the application is still accurate and if it is not still
accurate, providing a revised list of salary and fringe benefit averages
or ranges for categories of jobs retained and jobs created.
(c) indicate the dates when PILOT payments are to be made and provide
an estimate of the amounts for each affected tax jurisdiction of any
payments in lieu of taxes that are included as part of the transaction,
or formula or formulas by which those amounts may be calculated. In lieu
of providing such information, a copy of an executed payment in lieu of
tax agreement that contains the same information may be attached to the
uniform agency project agreement;
[(e)] (D) provide for the suspension or discontinuance of financial
assistance, or for the modification of any payment in lieu of tax agree-
ment to require increased payments, in accordance with policies devel-
oped by the agency pursuant to section eight hundred seventy-four of
this title;
[(f)] (E) provide for the return of all or a part of the financial
assistance provided for the project, including all or part of the amount
of any tax exemptions, which shall be redistributed to the appropriate
affected tax jurisdiction, as provided for in policies developed by the
agency pursuant to section eight hundred seventy-four of this title,
unless agreed to otherwise by any local taxing jurisdiction or jurisdic-
tions; and
[(g)] (F) provide that the owner, occupant or operator receiving
financial assistance shall certify, under penalty of perjury, that it is
in substantial compliance with all local, state and federal tax, worker
protection and environmental laws, rules and regulations.
S 8. Section 860 of the general municipal law, as added by chapter
1030 of the laws of 1969, is amended to read as follows:
S 860. Moneys of the agency. The agency shall have power to contract
with the holders of any of its bonds or notes as to the custody,
collection, securing, investment and payment of any moneys of the agency
or any moneys held in trust or otherwise for the payment of bonds or
notes or in any way to secure bonds or notes and to carry out any such
contract. Moneys held in trust or otherwise for the payment of bonds or
notes or in any way to secure bonds or notes and deposits of such moneys
may be secured in the same manner as moneys of the agency, and all banks
and trust companies are authorized to give such security for such depos-
its. ANY LEASE PAYMENTS, REVENUES, OR OTHER EARNINGS OF THE AGENCY
SHALL BE PAID TO THE LOCAL GOVERNING BODY OF THE MUNICIPALITY FOR WHOSE
BENEFIT SUCH AGENCY IS ESTABLISHED.
S 9. Section 882 of the general municipal law, as amended by chapter
373 of the laws of 2012, is amended and a new section 882-a is added to
read as follows:
S 882. Termination of the agency. Whenever all of the bonds or notes
issued by the agency shall have been redeemed or cancelled, and all
straight-lease transactions have been terminated, the agency shall cease
to exist and all rights, titles, and interest and all obligations and
liabilities thereof vested in or possessed by the agency shall thereupon
vest in and be possessed by the municipality. AFTER OCTOBER FIRST, TWO
THOUSAND EIGHTEEN, NON-COUNTY INDUSTRIAL DEVELOPMENT AGENCIES CREATED
S. 3432--A 14
UNDER TITLE TWO OF THIS ARTICLE SHALL NOT BE ABLE TO ISSUE ANY FURTHER
BONDS OR NOTES.
S 882-A. PROHIBITION OF LOCAL INDUSTRIAL DEVELOPMENT AGENCIES. NO
FURTHER INDUSTRIAL DEVELOPMENT AGENCIES MAY BE CREATED UNLESS THEY ARE A
COUNTY-WIDE INDUSTRIAL DEVELOPMENT AGENCY.
S 10. The general municipal law is amended by adding two new sections
885 and 885-a to read as follows:
S 885. PREVAILING WAGE. WHENEVER A RECIPIENT OF INDUSTRIAL DEVELOP-
MENT AGENCY FUNDS, FINANCIAL ASSISTANCE, OR OTHER BENEFIT ENTERS INTO
ANY CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR OTHER AGREE-
MENT FOR OR IN CONNECTION WITH ANY CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION,
OR IMPROVEMENT PROJECT, SUCH PROJECT SHALL BE DEEMED TO BE A PUBLIC
WORKS PROJECT FOR THE PURPOSES OF ARTICLE EIGHT OF THE LABOR LAW, AND
ALL OF THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE APPLI-
CABLE TO ALL THE WORK INVOLVED IN THE CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION,
OR IMPROVEMENT OF SUCH PROJECT. FUNDS, FINANCIAL ASSISTANCE, OR ANY
OTHER BENEFITS PROVIDED PURSUANT TO THIS ARTICLE SHALL NOT BE UTILIZED
FOR OR IN CONNECTION WITH THE CONSTRUCTION, DEMOLITION, RECONSTRUCTION,
EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION, OR IMPROVE-
MENT OF ANY PROJECT TO WHICH THE PROVISIONS OF ARTICLE EIGHT OF THE
LABOR LAW ARE NOT APPLICABLE.
S 885-A. RECAPTURE. IF A RECIPIENT ENTITY OF AGENCY ASSISTANCE DOES
NOT ABIDE BY ANY PROVISION OF THIS ARTICLE OR REQUIREMENT MADE APPLICA-
BLE PURSUANT TO THE AUTHORITY OF THIS ARTICLE, IT SHALL PAY BACK TO THE
AGENCY THAT FRACTION OF DEVELOPMENTAL ASSISTANCE THAT ACCRUED TO ITS
BENEFIT FOR THE CALENDAR YEAR IN WHICH THE BENEFIT OCCURRED, PLUS INTER-
EST AT A RATE DETERMINED BY THE GRANTING AGENCY. FOR ONE-TIME FORMS OF
ASSISTANCE SUCH AS GRANTS OR LAND PRICE DISCOUNTS, A DEFAULTING ENTITY
SHALL PAY BACK TO THE GRANTING AGENCY ONE-FIFTH OF THE VALUE OF ASSIST-
ANCE. REMITTANCE OF THE PAYBACK BY A RECIPIENT ENTITY TO A GRANTING
AGENCY SHALL TAKE PLACE WITHIN SIXTY CALENDAR DAYS OF THE DELIVERY OF
THE DEFAULT NOTICE TO THE RECIPIENT ENTITY.
S 11. This act shall take effect on the sixtieth day after it shall
have become a law; provided, however, that the provisions of section
seven of this act shall take effect on the same date and in the same
manner as chapter 563 of the laws of 2015 takes effect.
