S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8325--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of A. WALLACE, McDONALD -- read once and referred to
   the Committee on Economic Development -- recommitted to the  Committee
   on  Economic Development in accordance with Assembly Rule 3, sec. 2 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee

 AN ACT to amend the New York state urban development corporation act and
   the economic development law, in relation to the creation of a search-
   able database
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  New  York  state  urban  development corporation act, is amended by
 adding a new section 58 to read as follows:
   § 58. REPORTING. (1) DEFINITIONS. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN AND INCLUDE THE FOLLOW-
 ING:
   (I)  AVAILABLE STATE RESOURCES AND/OR FUNDS INCLUDING, BUT NOT LIMITED
 TO, STATE GRANTS,  LOANS,  LOAN  GUARANTEES,  LOAN  INTEREST  SUBSIDIES,
 AND/OR SUBSIDIES; AND/OR
   (II)  TAX CREDITS, TAX EXEMPTIONS OR REDUCED TAX RATES AND/OR BENEFITS
 WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY  A  STATE  AGENCY;
 AND
   (A-1)  "EMPIRE  STATE  ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE
 ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO  THE  URBAN  DEVELOPMENT
 CORPORATION  AND/OR THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO AWARD SUCH
 BENEFITS TO QUALIFIED RECIPIENTS, OR THOSE ECONOMIC DEVELOPMENT BENEFITS
 WHICH ARE ALLOCATED TO THE CORPORATION AND/OR SUCH  DEPARTMENT  BUT  ARE
 SUBSEQUENTLY  ALLOCATED  TO  ANOTHER  STATE  AGENCY OR OTHER INDEPENDENT
 ENTITIES FOR THEM TO MAKE SUCH AWARDS TO QUALIFIED RECIPIENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10062-04-2
 A. 8325--A                          2
              

 
   (A-2) "AGGREGATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE BENE-
 FITS PROVIDED FOR IN PARAGRAPHS (A) AND (A-1) OF  THIS  SUBDIVISION  AND
 DISPLAYED SEPARATELY IN THE DATABASE CREATED PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION;
   (B) "QUALIFIED PARTICIPANT" SHALL MEAN AN INDIVIDUAL, BUSINESS, LIMIT-
 ED  LIABILITY  CORPORATION  OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND
 RECEIVED APPROVAL FOR  AND/OR  IS  THE  BENEFICIARY  OF,  ANY  AGGREGATE
 ECONOMIC  DEVELOPMENT  BENEFITS  OF  TEN  THOUSAND  DOLLARS  OR MORE PER
 PROJECT;
   (C) "NEW YORK STATE AGENCY" SHALL MEAN ANY  STATE  DEPARTMENT,  BOARD,
 BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
 RATION,  COUNCIL, OFFICE OR OTHER STATE GOVERNMENTAL ENTITY PERFORMING A
 GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE, AS WELL AS  ENTITIES
 CREATED  BY  ANY  OF  THE  PRECEDING  OR THAT ARE GOVERNED BY A BOARD OF
 DIRECTORS OR SIMILAR BODY A MAJORITY OF WHICH IS DESIGNATED  BY  ONE  OR
 MORE STATE OFFICIALS;
   (D)  "FULL-TIME  JOB"  SHALL  MEAN  A  JOB  IN  WHICH AN INDIVIDUAL IS
 EMPLOYED BY A QUALIFIED PARTICIPANT FOR AT  LEAST  THIRTY-FIVE  HOURS  A
 WEEK;
   (E) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE WHICH IS EQUAL
 TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION;
   (F)  "PART-TIME  JOB"  SHALL  MEAN  A  JOB  IN  WHICH AN INDIVIDUAL IS
 EMPLOYED BY A QUALIFIED PARTICIPANT FOR LESS THAN  THIRTY-FIVE  HOURS  A
 WEEK; AND
   (G)  "CONTRACT  JOB"  SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
 FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
   (2) SEARCHABLE STATE SUBSIDY AND AGGREGATE ECONOMIC DEVELOPMENT  BENE-
 FITS  DATABASE.  NOTWITHSTANDING  ANY  LAWS  TO THE CONTRARY, THE CORPO-
 RATION, IN COOPERATION WITH  THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,
 SHALL  CREATE A SEARCHABLE DATABASE, OR MODIFY AN EXISTING ONE, DISPLAY-
 ING EMPIRE STATE ECONOMIC DEVELOPMENT BENEFITS THAT A QUALIFIED  PARTIC-
 IPANT  HAS  BEEN  AWARDED. SUCH DATABASE SHALL ALSO DISPLAY OTHER EMPIRE
 STATE ECONOMIC  DEVELOPMENT  BENEFITS  SUCH  QUALIFIED  PARTICIPANT  HAS
 RECEIVED  FROM  ANOTHER  STATE  AGENCY  PROVIDED THAT IT IS FOR THE SAME
 PARTICULAR PROJECT WHICH RECEIVED THE EMPIRE STATE ECONOMIC  DEVELOPMENT
 BENEFITS.  SUCH  SEARCHABLE  DATABASE  SHALL  INCLUDE, AT A MINIMUM, THE
 FOLLOWING FEATURES AND FUNCTIONALITY:
   (A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED  INFOR-
 MATION  TO THE CORPORATION AND FOR THE PUBLIC VIEWER TO SHOW A QUALIFIED
 PARTICIPANT WHICH IS A RECIPIENT OF AN  AGGREGATE  ECONOMIC  DEVELOPMENT
 BENEFIT AND VIEW A LIST OF ALL TYPES AND AMOUNTS OF BENEFITS RECEIVED BY
 A QUALIFIED PARTICIPANT;
   (B) FOR THE PRIOR STATE FISCAL YEAR, THE FOLLOWING INFORMATION:
   (I)  A  QUALIFIED  PARTICIPANT'S  NAME  AND PROJECT, PROJECT LOCATION,
 PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL OR ZIP CODE IN A  SEPA-
 RATE SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE;
   (II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR
 HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
   (III)  THE  TYPE  OF  SUCH  AGGREGATE  ECONOMIC  DEVELOPMENT  BENEFITS
 PROVIDED TO A QUALIFIED PARTICIPANT, INCLUDING THE NAME OF  THE  PROGRAM
 OR  PROGRAMS  THROUGH  WHICH AGGREGATE ECONOMIC DEVELOPMENT BENEFITS ARE
 PROVIDED;
   (IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL SITES UTILIZING SUCH  AGGRE-
 GATE  ECONOMIC DEVELOPMENT BENEFITS AT THE TIME OF THE AGREEMENT INCLUD-
 ING THE NUMBER OF PERMANENT FULL-TIME  JOBS,  THE  NUMBER  OF  PERMANENT
 A. 8325--A                          3
 
 PART-TIME  JOBS,  THE NUMBER OF FULL-TIME EQUIVALENTS, AND THE NUMBER OF
 CONTRACT EMPLOYEES;
   (V)  FOR  ANY AGGREGATE ECONOMIC DEVELOPMENT BENEFIT THAT PROVIDES FOR
 JOB RETENTION AND CREATION THAT A QUALIFIED PARTICIPANT RECEIVING AGGRE-
 GATE ECONOMIC DEVELOPMENT BENEFITS IS CONTRACTUALLY OBLIGATED TO  RETAIN
 AND CREATE OVER THE LIFE OF THE PROJECT UTILIZING SUCH AGGREGATE ECONOM-
 IC  DEVELOPMENT BENEFITS, EXCEPT THAT SUCH INFORMATION SHALL BE REPORTED
 ON AN ANNUAL BASIS FOR AGREEMENTS CONTAINING  ANNUAL  JOB  RETENTION  OR
 CREATION  REQUIREMENTS, AND FOR EACH REPORTING YEAR, THE BASE EMPLOYMENT
 LEVEL THE  ENTITY  RECEIVING  AGGREGATE  ECONOMIC  DEVELOPMENT  BENEFITS
 AGREES  TO  RETAIN OVER THE LIFE OF THE PROJECT UTILIZING SUCH AGGREGATE
 ECONOMIC DEVELOPMENT BENEFITS, ANY JOB CREATION SCHEDULED TO TAKE  PLACE
 AS A RESULT OF THE PROJECT UTILIZING SUCH AGGREGATE ECONOMIC DEVELOPMENT
 BENEFITS  AND WHERE APPLICABLE, ANY JOB CREATION TARGETS FOR THE CURRENT
 REPORTING YEAR;
   (VI) THE AMOUNT OF AGGREGATE ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY
 A QUALIFIED PARTICIPANT DURING THE  YEAR  COVERED  BY  THE  REPORT,  THE
 AMOUNT  OF  AGGREGATE ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A QUALI-
 FIED PARTICIPANT SINCE THE BEGINNING OF  THE  PROJECT  PERIOD,  AND  THE
 PRESENT  VALUE  OF  THE  FURTHER AGGREGATE ECONOMIC DEVELOPMENT BENEFITS
 COMMITTED TO BY THE STATE, BUT NOT YET RECEIVED BY A  QUALIFIED  PARTIC-
 IPANT FOR THE DURATION OF THE PROJECT;
   (VII)  FOR  THE  CURRENT  REPORTING  YEAR,  THE TOTAL ACTUAL NUMBER OF
 EMPLOYEES AT ALL SITES COVERED BY THE PROJECT UTILIZING  SUCH  AGGREGATE
 ECONOMIC  DEVELOPMENT  BENEFITS, INCLUDING THE NUMBER OF PERMANENT FULL-
 TIME JOBS, THE  NUMBER  OF  PERMANENT  PART-TIME  JOBS,  THE  NUMBER  OF
 CONTRACT JOBS, THE NUMBER OF JOBS FILLED BY MINORITIES OR WOMEN.
   (VIII)  A  STATEMENT  OF  COMPLIANCE  INDICATING  WHETHER,  DURING THE
 CURRENT REPORTING YEAR, THE CORPORATION AND/OR ANY  OTHER  STATE  AGENCY
 HAS  REDUCED,  CANCELLED  OR  RECAPTURED  AGGREGATE ECONOMIC DEVELOPMENT
 BENEFITS FROM A QUALIFIED PARTICIPANT, AND, IF SO, THE TOTAL  AMOUNT  OF
 THE  REDUCTION,  CANCELLATION OR RECAPTURE, AND ANY PENALTY ASSESSED AND
 THE REASONS THEREFOR.
   (C) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL  FIELDS  CORRE-
 SPONDING  TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
 TO CREATE UNIQUE DATABASE VIEWS;
   (D) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN  PART,
 IN A COMMON MACHINE READABLE FORMAT;
   (E) THE ABILITY TO VIEW AND DOWNLOAD CONTRACTS OR AWARD AGREEMENTS FOR
 EACH  AGGREGATE  ECONOMIC  DEVELOPMENT BENEFIT RECEIVED BY THE QUALIFIED
 PARTICIPANT TO THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE  AVAIL-
 ABLE TO THE PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW;
   (F)  A  DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
 AND
   (G) A SUMMARY OF EACH AGGREGATE ECONOMIC DEVELOPMENT BENEFIT AVAILABLE
 TO QUALIFIED PARTICIPANTS.
   (3) CERTIFICATION REGARDING REPORTING. THE CORPORATION  SHALL  CERTIFY
 TO THE NEW YORK STATE AUTHORITIES BUDGET OFFICE, THE CORPORATION'S BOARD
 OF  DIRECTORS  AND  POST TO ITS WEBSITE THAT IT HAS FULFILLED ALL OF ITS
 REPORTING REQUIREMENTS AS REQUIRED BY LAW, RULES, REGULATIONS, OR EXECU-
 TIVE ORDERS. THE CORPORATION SHALL PROVIDE A LIST OF  ALL  REPORTS,  THE
 DUE DATES OF SUCH REPORTS, AND CERTIFY TO THE NEW YORK STATE AUTHORITIES
 BUDGET OFFICE AND THE CORPORATION'S BOARD OF DIRECTORS, THAT EACH REPORT
 HAS BEEN SUBMITTED TO THE INDIVIDUAL, OFFICE, OR ENTITY AS PRESCRIBED BY
 APPLICABLE LAWS, RULES, AND REGULATIONS.
 A. 8325--A                          4
 
   (4)  DATABASE  REPORTING.  THE  CORPORATION  MAY REQUEST ANY DATA FROM
 QUALIFIED PARTICIPANTS, WHICH IS NECESSARY AND REQUIRED  IN  DEVELOPING,
 UPDATING  AND  MAINTAINING  THE  SEARCHABLE  DATABASE.    SUCH QUALIFIED
 PARTICIPANTS SHALL PROVIDE ANY SUCH INFORMATION REQUESTED BY THE  CORPO-
 RATION.    BEGINNING  ON JUNE FIRST, TWO THOUSAND TWENTY-TWO, THE CORPO-
 RATION SHALL MAKE ALL REPORTED DATA ON SUCH DATABASE  AVAILABLE  TO  THE
 PUBLIC  ON  ITS  WEBSITE.  SUCH DATABASE SHALL BE UPDATED ON A QUARTERLY
 BASIS WITH QUALIFIED PARTICIPANTS ADDED TO ANY PROGRAMS AND ANY NEW DATA
 PROVIDED BY EXISTING QUALIFIED PARTICIPANTS REQUIRED REPORTING.
   (5) REPORTING. THE CORPORATION'S SENIOR STAFF SHALL REPORT ON A  QUAR-
 TERLY  BASIS,  TO  THE  CORPORATION'S  BOARD  OF DIRECTORS WITH A STATUS
 UPDATE ON THE DEVELOPMENT AND MAINTENANCE OF THE SEARCHABLE DATABASE.
   § 2. Section 100 of the economic development law is amended by  adding
 a new subdivision 18-j to read as follows:
   18-J.  TO  ASSIST  THE  URBAN  DEVELOPMENT  CORPORATION TO ESTABLISH A
 SEARCHABLE DATABASE PURSUANT TO SECTION FIFTY-EIGHT OF THE URBAN  DEVEL-
 OPMENT CORPORATION ACT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.