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

                                  3659

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M. of A. HOYT, JOHN, BRODSKY, MAGNARELLI, NOLAN, CAHILL,
  WEPRIN,  GOTTFRIED,  ARROYO,  LATIMER,  SCHROEDER,  PEOPLES,  MORELLE,
  GUNTHER,  DelMONTE,  LANCMAN,  FIELDS,  P. RIVERA, ESPAILLAT, MILLMAN,
  JEFFRIES, O'DONNELL, MAISEL, BOYLAND,  BRADLEY,  STIRPE,  ENGLEBRIGHT,
  KAVANAGH,  KELLNER,  RABBITT,  COLTON,  PAULIN,  ROSENTHAL, SWEENEY --
  Multi-Sponsored by -- M.  of  A.  BENJAMIN,  CALHOUN,  CAMARA,  GALEF,
  GIANARIS, HEASTIE, KOON, PHEFFER, RAMOS, REILLY, SPANO, TOWNS, WALKER,
  WEISENBERG,  ZEBROWSKI  --  read once and referred to the Committee on
  Local Governments

AN ACT to amend the general municipal law, the economic development law,
  the labor law and the public authorities law, in relation to the func-
  tion of industrial development agencies and making certain  conforming
  changes; to amend chapter 444 of the laws of 1997 amending the general
  municipal  law  and other laws relating to the tax exemption status of
  industrial development agencies, and chapter 905 of the laws  of  1986
  amending  the  general municipal law relating to authorizing financing
  assistance for civic facilities by industrial development agencies, in
  relation to the effectiveness of such chapter

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

  Section  1. Subdivisions 4, 9, 14 and 18 of section 854 of the general
municipal law, subdivision 4 as separately amended by chapters  444  and
659  of the laws of 1997, subdivision 9 as amended by chapter 630 of the
laws of 1977, subdivisions 14 and 18 as added by chapter 356 of the laws
of 1993, and paragraph (c) of  subdivision  18  as  further  amended  by
section 15 of part GG of chapter 63 of the laws of 2000, are amended and
eight  new  subdivisions  20, 21, 22, 23, 24, 25, 26 and 27 are added to
read as follows:
  (4) "Project" - shall mean any land, any building  or  other  improve-
ment,  and  all real and personal properties located within the state of
New York and within or partially within and partially outside the  muni-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03337-02-9
              

A. 3659                             2

cipality  for  whose  benefit the agency was created, including, but not
limited to, machinery, equipment and other facilities  deemed  necessary
or  desirable in connection therewith, or incidental thereto, whether or
not  now in existence or under construction, which shall be suitable for
manufacturing, warehousing, research, civic,  commercial  or  industrial
purposes  or other economically sound purposes identified and called for
to implement a state designated urban cultural park management  plan  as
provided  in  title G of the parks, recreation and historic preservation
law and which may include or mean an industrial pollution control facil-
ity, a recreation facility, educational or cultural  facility,  a  horse
racing  facility,  a  railroad facility, OR a continuing care retirement
community, [or a civic facility,] provided, however, that,  of  agencies
governed  by  this  article,  only agencies created for the benefit of a
county and the agency created for the benefit of the city  of  New  York
shall  provide  financial assistance in any respect to a continuing care
retirement community, and provided, however,  no  agency  shall  provide
financial  assistance  in  respect  of any project partially outside the
municipality for whose benefit the agency was created without the  prior
consent thereto by the governing body or bodies of all the other munici-
palities  in  which  any  part  of the project is, or is to be, located.
Where a project is located partially within and  partially  outside  the
municipality  for  whose  benefit the agency was created, the portion of
the project outside the municipality must be contiguous with the portion
of the project inside the municipality.  Provided further, that no agen-
cy shall provide financial assistance for any project where the  project
applicant has any agreement to subsequently contract with a municipality
for the lease or purchase of such project or project facility. PROVIDED,
FURTHER,  THAT  NO AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE TO A RECRE-
ATIONAL FACILITY UNLESS:  IT WILL PROVIDE RECREATIONAL  ACTIVITIES  THAT
ARE  NOT  CURRENTLY  PROVIDED  IN THE AREA; THE RECREATIONAL FACILITY IS
LIKELY TO ATTRACT A SIGNIFICANT NUMBER  OF  VISITORS  FROM  OUTSIDE  THE
ECONOMIC DEVELOPMENT REGION, AS ESTABLISHED BY SECTION TWO HUNDRED THIR-
TY  OF THE ECONOMIC DEVELOPMENT LAW, IN WHICH THE PROJECT IS LOCATED; OR
THERE IS AN UNMET DEMAND FOR SUCH RECREATIONAL  ACTIVITIES  DESPITE  THE
EXISTENCE OF ONE OR MORE PROVIDERS.
  (9)  "Recreation facility"--shall mean any facility for the use of the
general public as spectators or participants in  recreation  activities,
including  [but not limited to] skiing, [golfing,] swimming, tennis, ice
skating or ice hockey facilities, together with  all  buildings,  struc-
tures,  machinery, equipment, facilities and appurtenances thereto which
the agency may deem necessary, useful or desirable  in  connection  with
the construction, improvement or operation of any such facility, includ-
ing overnight accommodations and other facilities incidental thereto and
facilities  that  may  permit  the  use  of recreation facilities by the
general public as participants in recreation activities, but  shall  not
include  facilities  for  automobile  or  horse  racing or other similar
activities.
  (14) "Financial assistance" - shall mean the proceeds of bonds  issued
by  an  agency, straight-leases, GRANTS, LOANS, or exemptions from taxa-
tion claimed by a project occupant as  a  result  of  an  agency  taking
title,  possession  or  control  (by lease, license or otherwise) to the
property or equipment of such project occupant or of such project  occu-
pant acting as an agent of an agency.
  (18)  "Highly  distressed  area"  -  shall  mean (a) a census tract or
tracts or block numbering areas or areas or such census tract  or  block

A. 3659                             3

numbering  area  contiguous  thereto which, according to the most recent
census data available, has:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relates or at least  twenty  percent  of  households  receiving
public assistance; and
  (ii)  an  unemployment rate of at least 1.25 times the statewide unem-
ployment rate for the year to which the data relates; or
  (b) a city, town, village or county within a city with a population of
one million or more for which: (i) the ratio of the full value  property
wealth,  as  determined by the comptroller for the year nineteen hundred
ninety, per resident to the statewide average full value property wealth
per resident; and (ii) the ratio of the income per resident; as shown in
the nineteen hundred ninety census to the statewide average  income  per
resident; are each fifty-five percent or less of the statewide average[;
or
  (c)  an  area  which was designated an empire zone pursuant to article
eighteen-B of this chapter].
  (20) "APPLICATION" SHALL MEAN THE  FORM  SUBMITTED  TO  AN  AGENCY  TO
OBTAIN APPROVAL AND FINANCIAL ASSISTANCE FOR A PROJECT.
  (21)  "FULL-TIME  JOB"  SHALL  MEAN  A  JOB  IN WHICH AN INDIVIDUAL IS
EMPLOYED AT LEAST THIRTY-FIVE HOURS A WEEK.
  (22) "LABOR MARKET AREA" SHALL MEAN AN AREA WITHIN  WHICH  INDIVIDUALS
CAN READILY CHANGE EMPLOYMENT WITHOUT CHANGING THEIR PLACE OF RESIDENCE.
  (23) "LOSS OF EMPLOYMENT" SHALL MEAN THE LOSS OF FIFTY OR MORE JOBS IN
THE LABOR MARKET AREA THROUGH THE RELOCATION OF JOBS OR LAYOFFS.
  (24)  "PART-TIME  JOB"  SHALL  MEAN  A  JOB  IN WHICH AN INDIVIDUAL IS
EMPLOYED LESS THAN THIRTY-FIVE HOURS A WEEK.
  (25) "PROJECT APPLICANT" SHALL MEAN A PERSON, FIRM, COMPANY, OR ORGAN-
IZATION THAT APPLIES FOR FINANCIAL ASSISTANCE FROM AN AGENCY TO  DEVELOP
A PROJECT IN THIS STATE.
  (26)  "RECIPIENT"  SHALL  MEAN  A  PROJECT APPLICANT THAT HAS RECEIVED
APPROVAL AND FINANCIAL ASSISTANCE FOR A PROJECT.
  (27) "SUBSTANTIAL VIOLATION" SHALL MEAN A VIOLATION OF A LAW, RULE  OR
REGULATION  THAT IS PUNISHABLE BY IMPRISONMENT FOR AT LEAST FIFTEEN DAYS
OR A FINE OF AT LEAST ONE HUNDRED DOLLARS, OR BOTH.
  S 1-a. Paragraph (b) of subdivision 1 of section 856  of  the  general
municipal  law, as added by chapter 1030 of the laws of 1969, is amended
to read as follows:
  (b) Every such agency shall be perpetual in duration, except  that  if
(1) such certificate is not filed with the secretary of state within six
months  after  the  effective date of the special act of the legislature
establishing such agency or before  the  first  day  of  July,  nineteen
hundred  sixty-nine,  whichever  date  shall  be later, or if (2) at the
expiration of [ten] FIVE years subsequent to the effective date  of  the
special  act,  there  shall be outstanding no bonds or other obligations
theretofore issued by such agency or  by  the  municipality  for  or  in
behalf  of the agency, then the corporate existence of such agency shall
thereupon terminate and it shall thereupon be deemed to be and shall  be
dissolved.
  S  2.  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 governing body  of

A. 3659                             4

each municipality and who shall serve [at the pleasure of the appointing
authority]  FOR  A TERM OF FOUR YEARS.  Such members [may] SHALL include
representatives of local  government,  school  boards,  organized  labor
DESIGNATED  BY THE LARGEST CENTRAL LABOR FEDERATION IN THE MUNICIPALITY,
and [business] ENVIRONMENTAL ORGANIZATIONS. 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 certif-
icate 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.  EACH MEMBER MUST ATTEND AT LEAST TEN PERCENT
OF   ALL  OF  THE  HEARINGS  HELD  PURSUANT  TO  SECTION  EIGHT  HUNDRED
FIFTY-NINE-A OF THIS TITLE OR  SUCH  MEMBER  SHALL  BE  DEEMED  TO  HAVE
FORFEITED  THEIR  OFFICE.   MEMBERS 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  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  LOBBYIST  REGISTERED  UNDER  A STATE OR LOCAL LAW COVERING ANY
JURISDICTION SERVED IN WHOLE OR IN PART BY THE AGENCY.
  S 3. Subdivision 15 of section 858 of the general  municipal  law,  as
added  by chapter 356 of the laws of 1993, is amended and a new subdivi-
sion 18 is added 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 delivered, 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 juris-
dictions in proportion to the amount of  real  property  tax  and  other
taxes  which  would have been received by each affected tax jurisdiction
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 signing 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;]  THE  AGREEMENT  SHALL  BE
PUBLISHED BY THE AGENCY IN ELECTRONIC AND PAPER FORM, AND SHALL BE POST-
ED ON ITS WEBSITE AND MADE AVAILABLE FOR PUBLIC INSPECTION.
  (18) TO ESTABLISH AND MAINTAIN AN AGENCY WEBSITE.
  S  4.  Subdivision 2 of section 858-b of the general municipal law, as
added by chapter 356 of the laws of 1993, is amended to read as follows:
  2. Except as is otherwise provided by collective bargaining  contracts
or  agreements,  new  employment  opportunities  created  as a result of
projects of the agency shall be listed with the New York  state  depart-

A. 3659                             5

ment  of  labor community services division, and with the administrative
entity of the service delivery area created by the federal job  training
partnership  act  (P.L.  No.  97-300)  in  which the project is located.
Except  as  is  otherwise provided by collective bargaining contracts or
agreements, sponsors of projects  shall  agree,  where  practicable,  to
first consider persons eligible to participate in the federal job train-
ing  partnership  (P.L.  No.  97-300)  programs who shall be referred by
administrative entities of service delivery areas  created  pursuant  to
such  act  or  by  the  community services division of the department of
labor for such [such] new  employment  opportunities,  AND  SECONDLY  TO
CONSIDER  PERSONS  LIVING IN A METROPOLITAN STATISTICAL AREA, AS DEFINED
BY THE UNITED STATES BUREAU OF LABOR STATISTICS, THAT IS IN OR  ADJACENT
TO THE PROJECT IN WHICH THE MOST RECENT CENSUS DETERMINES THAT MORE THAN
THIRTY  PERCENT OF THE RESIDENTS LIVE BELOW THE FEDERAL POVERTY LINE, AS
ISSUED IN THE FEDERAL REGISTER BY THE FEDERAL DEPARTMENT OF  HEALTH  AND
HUMAN SERVICES.
  S 5. Section 859 of the general municipal law, as added by chapter 692
of  the  laws  of 1989, paragraph (b), and the first and second undesig-
nated paragraphs and subparagraph (v) of paragraph (e) of subdivision  1
as amended by chapter 357 of the laws of 1993, paragraph (e) of subdivi-
sion  1 and subdivision 3 as added and subdivision 2 as amended by chap-
ter 356 of the laws of 1993, and paragraph (f) of subdivision 1 as added
by section 28 of part A3 of chapter 62 of the laws of 2003,  is  amended
to read as follows:
  S  859. Financial AND OTHER records. 1. (a) Each agency shall maintain
books and records in such form as may be prescribed by the  state  comp-
troller.
  (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.  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 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.
  (c)  WITHIN  NINETY  DAYS  FOLLOWING THE CLOSE OF ITS FISCAL YEAR, THE
AGENCY SHALL PREPARE A PROJECT REPORT FOR THAT FISCAL YEAR IN SUCH  FORM
AS MAY BE PRESCRIBED BY THE STATE COMPTROLLER. SUCH REPORT SHALL INCLUDE

A. 3659                             6

THE  FOLLOWING  INFORMATION  CONCERNING  RECIPIENTS  THAT HAVE A CURRENT
FINANCIAL ASSISTANCE AGREEMENT WITH THE AGENCY:
  (I)  THE TOTAL AMOUNT OF EACH TYPE OF FINANCIAL ASSISTANCE PROVIDED TO
RECIPIENTS;
  (II) THE TOTAL AMOUNT OF UNPAID TAX REVENUE TO THE MUNICIPALITY  AS  A
RESULT OF SUCH AGREEMENTS;
  (III)  A LIST OF ALL PROJECTS, INCLUDING THE FOLLOWING INFORMATION FOR
EACH PROJECT:
  (1) A DESCRIPTION OF THE PROJECT, INCLUDING THE NAME, ADDRESS, AND THE
NAMES OF THE RECIPIENT AND ANY TENANTS AT THE PROJECT;
  (2) THE PUBLIC PURPOSE AND BENEFITS OF THE PROJECT;
  (3) THE AMOUNT OF EACH TYPE OF FINANCIAL ASSISTANCE PROVIDED,  INCLUD-
ING  THE  PERIOD OF THE ASSISTANCE AND THE AMOUNT OF UNPAID TAX REVENUES
AS A RESULT OF THE AGREEMENT;
  (4) THE NUMBER AND TYPES OF FULL-TIME AND PART-TIME JOBS  REQUIRED  TO
BE  CREATED  OR  RETAINED,  AND  THE  NUMBER  AND TYPES OF JOBS ACTUALLY
CREATED OR RETAINED;
  (5) THE WAGES AND BENEFITS REQUIRED TO BE  PAID,  AND  THE  WAGES  AND
BENEFITS ACTUALLY PAID;
  (6)  THE  AMOUNT OF CAPITAL INVESTMENT AND OTHER EXPENDITURES REQUIRED
TO BE MADE BY THE RECIPIENT, AND THE AMOUNTS ACTUALLY EXPENDED;
  (7) ANY PAYMENTS MADE IN  LIEU  OF  TAXES,  INCLUDING  ANY  DELINQUENT
PAYMENTS; AND
  (8)  ANY ENFORCEMENT ACTION BY ANY LOCAL OR STATE AGENCY OR DEPARTMENT
FOR NON-COMPLIANCE WITH THE AGREEMENT.
  (D) Within thirty days after completion, a copy of the audited  finan-
cial  statement  AND  THE  PROJECT  REPORT  shall  be transmitted to the
commissioner of the department of economic development, the state  comp-
troller and the governing body of the municipality for whose benefit the
agency was created.
  [(d)]  (E) An agency with no bonds or notes OR OTHER FINANCIAL ASSIST-
ANCE issued  or  outstanding  and  no  projects  during  the  applicable
accounting period may apply to the state comptroller for a waiver of the
required  audited  financial  statement AND PROJECT REPORT.  Application
shall be made on such form as the comptroller may prescribe.
  [(e)] (F) If an agency or authority shall fail to file or substantial-
ly complete, as determined  by  the  state  comptroller,  the  financial
statement  AND  THE  PROJECT  REPORT required by this section, the state
comptroller shall provide notice to the agency or authority. The  notice
shall state the following:
  (i)  that  the  failure  to file a financial statement AND THE PROJECT
REPORT as required is a violation of this section, or in the case of  an
insufficient  financial statement OR PROJECT REPORT, the manner in which
the financial statement OR PROJECT REPORT submitted is deficient;
  (ii) that the agency or authority has thirty days to comply with  this
section or provide an adequate written explanation to the comptroller of
the agency's or authority's reasons for the inability to comply; and
  (iii)  that  the agency's or authority's failure to provide either the
required financial statement AND  THE  PROJECT  REPORT  or  an  adequate
explanation will result in the notification of the chief executive offi-
cer  of  the  municipality for whose benefit the agency or authority was
created of the agency's noncompliance  with  this  section.  Where  such
agency  or  authority  has  failed  to  file  the required statement AND
PROJECT REPORT, the comptroller shall additionally notify the agency  or
authority  that  continued  failure  to  file the required statement AND

A. 3659                             7

PROJECT REPORT may result in loss of the agency's or authority's author-
ity to provide exemptions from state taxes.
  (iv)  If  an  agency or authority after thirty days has failed to file
the required statement or the explanation  in  the  manner  required  by
subparagraph (i) of this paragraph, or provides an insufficient explana-
tion,  the  comptroller  shall notify the chief executive officer of the
municipality for whose benefit the agency or authority was  created  and
the  agency  of  the  agency's  or  authority's  noncompliance with this
section. Such notice from the state comptroller shall further  delineate
in  what  respect the agency or authority has failed to comply with this
section. If the agency or authority has  failed  to  file  the  required
statement  AND  PROJECT REPORT, the notice shall additionally state that
continued failure to file the required statement AND PROJECT REPORT  may
result  in  loss  of  the  agency's  or authority's authority to provide
exemptions from state taxes.
  (v) If, thirty days after notification of the chief executive  officer
of  the  municipality  for  whose  benefit  the  agency or authority was
created of the agency's or  authority's  noncompliance,  the  agency  or
authority  fails  to file the required statement AND PROJECT REPORT, the
comptroller shall notify the chief executive officer of the municipality
for whose benefit that agency or authority was created and the agency or
authority that if  such  STATEMENT  AND  PROJECT  report  [is]  ARE  not
provided  within sixty days, that the agency or authority will no longer
be authorized to provide exemptions from state taxes.
  (vi) If, sixty days after the notification  required  by  subparagraph
(v)  of  this  paragraph,  the comptroller has not received the required
statement AND PROJECT REPORT, the agency or authority  shall  not  offer
financial  assistance  which  provides exemptions from state taxes until
such financial statement [is] AND PROJECT REPORT ARE filed and the comp-
troller shall so notify the agency or authority and the chief  executive
officer  of  the  municipality for whose benefit the agency was created.
Provided, however, that nothing contained in  this  paragraph  shall  be
deemed to modify the terms of any existing agreements.
  [(f)]  (G)  Within  thirty days after completion, a copy of an audited
financial statement which contains transactions of or bonds or notes  of
civic  facilities as defined in paragraph (b) of subdivision thirteen of
section eight hundred  fifty-four  of  this  [article]  TITLE,  AND  THE
PROJECT  REPORT,  shall be transmitted by the agency to the commissioner
of health, the chair of the senate finance committee, the chair  of  the
assembly  ways  and  means  committee,  the  chair  of the senate health
committee and the chair of the assembly health committee.
  (H) THE PROJECT REPORT AND THE AUDITED FINANCIAL  STATEMENT  SHALL  BE
PUBLISHED IN ELECTRONIC AND PAPER FORM, AND SHALL BE POSTED ON THE AGEN-
CY'S WEBSITE AND MADE AVAILABLE FOR PUBLIC INSPECTION.
  2.  On or before September first of each year, the commissioner of the
department of economic development  shall  prepare  and  submit  to  the
governor, speaker of the assembly, [majority leader] TEMPORARY PRESIDENT
of  the  senate,  and  the  state  comptroller, a report setting forth a
summary of the significant trends in operations and financing  by  agen-
cies  and  authorities; departures from acceptable practices by agencies
and authorities; a compilation by type of the bonds and notes  outstand-
ing  AND  OTHER  FINANCIAL  ASSISTANCE  PROVIDED;  a  compilation of all
outstanding straight-lease transactions; an estimate of the total number
of jobs created and retained by agency or authority projects;  AN  ESTI-
MATE  OF  THE  WAGES  AND BENEFITS PAID BY RECIPIENTS BROKEN DOWN BY JOB
TYPE; A STATEMENT OF WHETHER ANY RECIPIENT FAILED TO REMAIN AT A PROJECT

A. 3659                             8

FOR THE REQUIRED PERIOD;  A  SUMMARY  OF  ANY  ENFORCEMENT  ACTIONS  FOR
NON-COMPLIANCE  WITH THIS SECTION OR ANY FINANCIAL ASSISTANCE AGREEMENT;
and any other information which in the opinion of the commissioner bears
upon  the  discharge of the statutory functions of agencies and authori-
ties.
  3. On or before April first, nineteen hundred ninety-six, the  commis-
sioner  shall  submit to the director of the division of the budget, the
temporary president of the senate, the  speaker  of  the  assembly,  the
chairman  of  the senate finance committee, the chairman of the assembly
ways and means committee, the chairman of the  senate  local  government
committee,  the  chairman  of the senate committee on commerce, economic
development and small business, the chairman of the  assembly  committee
on  commerce,  industry  and  economic  development, the chairman of the
assembly local governments committee and the chairman  of  the  assembly
real  property  taxation  committee  an  evaluation of the activities of
industrial development agencies and authorities in the state prepared by
an entity independent of the department. Such evaluation shall  identify
the  effect  of  agencies  and  authorities  on:  (a)  job  creation and
retention in  the  state,  including  the  types  of  jobs  created  and
retained; (b) PAYMENT OF WAGES AND BENEFITS ON PROJECTS; (C) COMMITMENTS
BY  RECIPIENTS  TO  REMAIN FOR THE REQUIRED PERIOD; (D) the value of tax
exemptions provided by such agencies  and  authorities;  [(c)]  (E)  the
value  of  payments received in lieu of taxes received by municipalities
and school districts as a result of projects sponsored by such entities;
[(d)] (F) a summary of the types of  projects  that  received  financial
assistance;  [(e)]  (G)  a  summary of the types of financial assistance
provided by the agencies and authorities; [(f)] (H) a summary of  crite-
ria  for  evaluation of projects used by agencies and authorities; [(g)]
(I) a summary of tax exemption policies of agencies and authorities; and
[(h)] (J) such other factors as may be relevant to an assessment of  the
performance  of  such agencies and authorities in creating and retaining
job opportunities for residents of the state. Such evaluation shall also
assess the process by which agencies and  authorities  grant  exemptions
from  state  taxes  and  make recommendations for the most efficient and
effective procedures for the use of  such  exemptions.  Such  evaluation
shall  further include any recommendations for changes in laws governing
the operations of industrial development agencies and authorities  which
would enhance the creation and retention of jobs in the state.
  4. (A) EACH AGENCY SHALL MAINTAIN:
  (I)  AN  OFFICIAL  RECORD OF ITS PROCEEDINGS, INCLUDING ALL MINUTES OF
MEETINGS, RESOLUTIONS AND MOTIONS VOTED UPON;
  (II) A LIST OF ALL PENDING PROJECTS  FOR  WHICH  IT  HAS  RECEIVED  AN
APPLICATION; AND
  (III)  A  SCHEDULE  OF  ALL  PAYMENTS IN LIEU OF TAXES (PILOT) OWED TO
AFFECTED TAX JURISDICTIONS, INCLUDING ALL DELINQUENT PILOT PAYMENTS  AND
THE NAME OF THE TAXPAYER, THE AMOUNT OF THE DELINQUENCY AND THE DUE DATE
OF THE PAYMENT.
  (B) THE INFORMATION REQUIRED UNDER THIS SUBDIVISION SHALL BE PUBLISHED
ON THE AGENCY'S WEBSITE AND MADE AVAILABLE FOR PUBLIC INSPECTION.
  S  6.  Section 859-a of the general municipal law, as added by chapter
356 of the laws of 1993, subdivision 3 as amended by chapter 444 of  the
laws of 1997, is amended to read as follows:
  S  859-a.  Additional  prerequisites  to  the  provisions of financial
assistance.  1. THE AGENCY SHALL PROVIDE FINANCIAL  ASSISTANCE  OF  LESS
THAN  ONE  HUNDRED  THOUSAND DOLLARS TO NO LESS THAN THREE PROJECTS EACH
CALENDAR YEAR; PROVIDED THAT IN ANY YEAR WHERE NO  FINANCIAL  ASSISTANCE

A. 3659                             9

IS  PROVIDED  TO  ANY PROJECT, OR IN CASES WHERE NO PROJECT REQUESTS FOR
LESS THAN ONE HUNDRED THOUSAND DOLLARS ARE  RECEIVED,  SUCH  REQUIREMENT
SHALL BE WAIVED.
  2.  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.] (A) The agency must adopt a resolution describing the project and
the financial assistance that the agency is contemplating  with  respect
to  such  project.  Such assistance shall be consistent with the uniform
[tax exemption] PAYMENT IN LIEU OF TAX (PILOT)  policy  adopted  by  the
agency  pursuant  to  subdivision four of section eight hundred seventy-
four of this [chapter] TITLE, unless the agency has followed the  proce-
dures  for deviation from such policy specified in paragraph (b) of such
subdivision.
  (B) THE AGENCY SHALL ADOPT A RESOLUTION ESTABLISHING CRITERIA TO EVAL-
UATE AND SELECT PROJECTS FOR WHICH FINANCIAL ASSISTANCE MAY BE PROVIDED.
THE CRITERIA SHALL REQUIRE THAT:
  (I) ALL NECESSARY INFORMATION AND CERTIFICATIONS HAVE  BEEN  SUBMITTED
TO THE AGENCY PRIOR TO THE APPROVAL OF AN APPLICATION;
  (II)  CLEAR  AND CONVINCING EVIDENCE EXISTS THAT THE PROJECT WOULD NOT
BE UNDERTAKEN BUT FOR THE FINANCIAL ASSISTANCE PROVIDED BY THE AGENCY;
  (III) THE AGENCY HAS UNDERTAKEN AN INDEPENDENT ANALYSIS COMPARING EACH
PROPOSED PROJECT BASED ON THE NUMBER OF FULL-TIME AND PART-TIME JOBS  TO
BE  CREATED  AND  RETAINED,  THE WAGES AND BENEFITS TO BE PAID FOR THOSE
JOBS, AND THE ESTIMATED COST OF THE FINANCIAL ASSISTANCE;
  (IV) THE AGENCY HAS DETERMINED THAT THE  PROJECTED  JOB  CREATION  AND
RETENTION GOALS ARE REASONABLE;
  (V)  THE  AGENCY  HAS  ESTABLISHED BENCHMARKS TO DETERMINE WHETHER THE
PROJECT WILL MEET PROJECTED GOALS, INCLUDING JOB CREATION AND  RETENTION
GOALS;
  (VI) THE AGENCY HAS ESTABLISHED A POINT SCORING SYSTEM TO EVALUATE THE
JOB,  WAGE,  INVESTMENT,  AND COMMUNITY AND WORKFORCE DEVELOPMENT ATTRI-
BUTES OF EACH PROJECT IN ORDER TO DETERMINE A SCHEDULE FOR RELEASING THE
FINANCIAL ASSISTANCE; AND
  (VII) THE AGENCY HAS REVIEWED THE PROJECT APPLICANT'S COMPLIANCE  WITH
APPLICABLE LAWS AND REGULATIONS.
  (C) THE AGENCY HAS RECEIVED AN APPLICATION AND COMMUNITY IMPACT REPORT
FROM THE RECIPIENT.
  [2]  3.  The agency [must] SHALL hold a public hearing with respect to
the project and the proposed financial assistance being contemplated  by
the agency WITHIN SIXTY DAYS OF THE FILING OF THE APPLICATION AND COMMU-
NITY IMPACT REPORT.  [Said] SUCH public hearing shall be held in a city,
town  or village where the project [proposes] IS PROPOSED to [locate] BE
LOCATED AND SHALL BE ATTENDED BY NO LESS THAN TWO  BOARD  MEMBERS.    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, THE APPLICATION, AND THE  COMMUNITY  IMPACT
REPORT.
  [3]  4.  The agency must give at least thirty days published notice of
[said] SUCH public hearing and shall, at the same time,  provide  notice
of  such hearing to [the] STATE LEGISLATORS, chief executive officer AND
GOVERNING BODY of  each  affected  tax  jurisdiction  within  which  the
project  is  PROPOSED TO BE located.  SUCH NOTICE SHALL ALSO BE PROVIDED
VIA E-MAIL AND SHALL BE POSTED ON THE  AGENCY  WEBSITE.  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

A. 3659                            10

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, and provide an opportunity
for  the  public  to  review  the  project application AND THE COMMUNITY
IMPACT REPORT, which shall include an analysis of the costs and benefits
of the proposed project.
  5. THE AGENCY SHALL MAINTAIN A COMPLETE AND  ACCURATE  RECORD  OF  THE
HEARING,  INCLUDING  ALL  DOCUMENTS  AND  ALL WRITTEN OR ORAL STATEMENTS
PRESENTED. ANY MEMBERS NOT PRESENT AT THE HEARING SHALL BE PROVIDED WITH
A COPY OF SUCH RECORD BEFORE DECIDING WHETHER TO  APPROVE  THE  APPLICA-
TION.    SUCH RECORD SHALL ALSO BE POSTED ON THE AGENCY WEBSITE AND MADE
AVAILABLE FOR PUBLIC INSPECTION.
  6. AN AGENCY MAY NOT APPROVE AN APPLICATION UNLESS IT FINDS  THAT  ANY
NEGATIVE  IMPACT  FROM  THE  PROJECT  PRESENTED  IN THE COMMUNITY IMPACT
REPORT OR DURING THE HEARING PROCESS WILL BE AVOIDED OR MINIMIZED TO THE
MAXIMUM EXTENT POSSIBLE.
  S 7. The general municipal law is amended  by  adding  a  new  section
859-c to read as follows:
  S  859-C.  APPLICATION  AND  COMMUNITY  IMPACT  REPORT. 1. THE PROJECT
APPLICANT SHALL SUBMIT AN APPLICATION TO THE AGENCY FOR  APPROVAL  OF  A
PROPOSED  PROJECT  AND  FINANCIAL ASSISTANCE. THE DEPARTMENT OF ECONOMIC
DEVELOPMENT SHALL DEVELOP AN APPLICATION FORM FOR THE AGENCY TO  PROVIDE
TO APPLICANTS THAT SHALL REQUIRE THE FOLLOWING INFORMATION:
  (A) THE NAME AND ADDRESS OF THE PROJECT APPLICANT, INCLUDING THE NAMES
OF THE PRINCIPAL OFFICERS AND ANY PARENT OR SUBSIDIARY CORPORATIONS, AND
MAJOR SHAREHOLDERS (TEN PERCENT OR MORE OF THE VOTING SHARES FOR PUBLIC-
LY  TRADED  COMPANIES, AND TWENTY-FIVE PERCENT OR MORE OF THE SHARES FOR
OTHER COMPANIES);
  (B) A DESCRIPTION  OF  THE  PROJECT,  INCLUDING  THE  ADDRESS  OF  THE
PROPOSED LOCATION;
  (C) THE PUBLIC PURPOSE OF THE PROJECT;
  (D)  THE  PROJECTED PUBLIC AND PRIVATE COSTS OF THE PROJECT, INCLUDING
FINANCIAL ASSISTANCE AND CAPITAL AND INFRASTRUCTURE COSTS;
  (E) THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE REQUESTED;
  (F) THE AMOUNT AND TYPE OF PRIVATE FINANCING REQUIRED, AND  THE  TERMS
AND COMMITMENTS TO PROVIDE SUCH FINANCING;
  (G)  THE  AMOUNT  AND TYPE OF CAPITAL INVESTMENT TO BE PROVIDED BY THE
PROJECT APPLICANT;
  (H) THE NUMBER AND  TYPES  OF  FULL-TIME  AND  PART-TIME  JOBS  TO  BE
CREATED, THE WAGES AND BENEFITS TO BE PAID, THE PROJECTED DATES OF HIRE,
AND THE NUMBER OF LOCAL RESIDENTS TO BE EMPLOYED;
  (I)  A  STATEMENT  AS  TO WHETHER THE PROJECT APPLICANT, ITS OFFICERS,
PARENT COMPANY, SUBSIDIARIES, OR MAJOR SHAREHOLDERS HAVE BEEN  FOUND  TO
HAVE VIOLATED ANY FEDERAL, STATE OR LOCAL LAW, RULE OR REGULATION RELAT-
ING   TO   ENVIRONMENTAL  PROTECTION,  TAXATION,  FINANCIAL  ASSISTANCE,
PROTECTION OF WORKERS, OR MINORITY  OR  WOMEN-OWNED  BUSINESSES,  OR  IS
SUBJECT TO A PENDING PROCEEDING OR INVESTIGATION FOR SUCH A VIOLATION;
  (J) A CERTIFICATION BY THE PROJECT APPLICANT'S CHIEF EXECUTIVE OFFICER
THAT THE APPLICATION IS ACCURATE AND COMPLETE;
  (K) THE NAME OF THE PROJECT ARCHITECT, ENGINEER AND CONTRACTORS;
  (L)  THE  HISTORY OF THE APPLICANT INCLUDING THE YEAR THE BUSINESS WAS
ESTABLISHED, ANNUAL REPORT AND STATEMENT AND STATUS REGARDING  THE  PAST
USE OF GOVERNMENT INCENTIVES;
  (M) A PROJECT DESCRIPTION INCLUDING LOCATION, PROPERTY AND/OR BUILDING
SIZE AND PROPOSED START AND COMPLETION DATES; AND

A. 3659                            11

  (N)  A  NARRATIVE  DESCRIPTION BY THE APPLICANT REGARDING THE NEED FOR
THE IDA ASSISTANCE REQUESTED.
  2. (A) THE PROJECT APPLICANT SHALL SUBMIT A COMMUNITY IMPACT REPORT TO
THE AGENCY THAT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (I)  A  DESCRIPTION  OF THE PROPOSED PROJECT AND THE ECONOMIC, SOCIAL,
AND ENVIRONMENTAL CONDITIONS EXISTING IN THE COMMUNITY WHERE THE PROJECT
IS TO BE LOCATED;
  (II) AN ANALYSIS OF THE ECONOMIC, SOCIAL AND ENVIRONMENTAL  IMPACT  OF
THE  PROJECT  ON THE COMMUNITY, INCLUDING ITS EMPLOYMENT, INFRASTRUCTURE
AND HOUSING;
  (III) A STATEMENT OF ANY POTENTIAL ADVERSE ECONOMIC, SOCIAL  OR  ENVI-
RONMENTAL EFFECTS TO THE COMMUNITY AND OTHER AREAS OF THE STATE;
  (IV) AN ANALYSIS OF THE IMPACT ON TRANSPORTATION AND THE PUBLIC TRANS-
PORTATION ALTERNATIVES FOR THE PROJECT;
  (V)  AN  ANALYSIS  OF  THE  EXISTING  ON-SITE  INFRASTRUCTURE  AND ANY
PROPOSED NEW INFRASTRUCTURE;
  (VI) AN ANALYSIS OF ALTERNATIVES, INCLUDING A NO-PROJECT  ALTERNATIVE,
OR  MITIGATION MEASURES THAT WILL AVOID OR MINIMIZE ANY NEGATIVE EFFECTS
FROM THE PROJECT;
  (VII) AN ANALYSIS OF THE COSTS AND BENEFITS, INCLUDING ANY  SHORT  AND
LONG TERM PUBLIC COSTS AND OBLIGATIONS;
  (VIII) THE AMOUNT AND TYPE OF PRIVATE AND PUBLIC FINANCING REQUIRED;
  (IX) THE NUMBER AND TYPE OF FULL-TIME AND PART-TIME JOBS TO BE CREATED
OR RETAINED, AND THE WAGES AND BENEFITS TO BE PAID;
  (X) THE EFFORTS THAT WILL BE USED TO HIRE LOCAL RESIDENTS; AND
  (XI) ANY AFFORDABLE HOUSING TO BE PROVIDED.
  (B) THE ENVIRONMENTAL INFORMATION REQUIRED UNDER PARAGRAPH (A) OF THIS
SUBDIVISION  SHALL  BE  BASED  ON  THE  STANDARDS  ESTABLISHED UNDER THE
PROVISIONS AND REGULATIONS OF ARTICLE EIGHT OF THE ENVIRONMENTAL CONSER-
VATION LAW.
  3. THE PROJECT APPLICANT SHALL SUBMIT THE COMMUNITY IMPACT REPORT WITH
THE APPLICATION TO THE  AGENCY.  A  COPY  OF  BOTH  DOCUMENTS  SHALL  BE
PROVIDED  TO THE GOVERNING BODY OF EACH AFFECTED TAX JURISDICTION WITHIN
FIFTEEN DAYS OF THEIR RECEIPT BY THE AGENCY. THE APPLICATION AND  COMMU-
NITY  IMPACT  REPORT SHALL BE SUBMITTED TO THE AGENCY IN PAPER AND ELEC-
TRONIC FORM, AND SHALL BE POSTED ON THE AGENCY'S WEBSITE AND MADE AVAIL-
ABLE FOR PUBLIC INSPECTION; PROVIDED, THAT IF  ANY  MATERIALS  SUBMITTED
WITH  THE APPLICATION CANNOT BE TRANSMITTED IN ELECTRONIC FORM, THEY MAY
BE SUBMITTED IN PAPER FORM.
  S 8. The general municipal law is amended  by  adding  a  new  section
859-d to read as follows:
  S  859-D.  FINANCIAL ASSISTANCE AGREEMENT.   1. THE AGENCY SHALL ENTER
INTO AN AGREEMENT  WITH  THE  RECIPIENT  PRIOR  TO  PROVIDING  FINANCIAL
ASSISTANCE.  THE  FORM OF THE AGREEMENT SHALL BE PREPARED BY THE DEPART-
MENT OF ECONOMIC DEVELOPMENT AND SHALL INCLUDE  THE  FOLLOWING  INFORMA-
TION:
  (A) A DESCRIPTION OF THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE TO BE
PROVIDED  BY THE AGENCY, INCLUDING THE FAIR MARKET VALUE OF SUCH ASSIST-
ANCE AND THE VALUE OF ANY PROPERTY CONVEYED AT  LESS  THAN  FAIR  MARKET
VALUE;
  (B)  A  DESCRIPTION  OF  THE AMOUNT OF FINANCING TO BE PROVIDED BY THE
PROJECT OWNER;
  (C) THE PUBLIC PURPOSE OF THE PROJECT, PROVIDED THAT SUCH PURPOSE  MAY
NOT BE LIMITED TO INCREASING THE LOCAL TAX BASE, AND MAY NOT INCLUDE JOB
RETENTION UNLESS A SIGNIFICANT JOB LOSS IS IMMINENT AND DEMONSTRABLE;
  (D) THE SPECIFIC AND MEASURABLE GOALS OF THE PROJECT;

A. 3659                            12

  (E)  THE  AMOUNT, TYPE, SOURCES AND COMMITMENTS OF ANY PRIVATE FINANC-
ING;
  (F)  THE  INFRASTRUCTURE  WORK  REQUIRED, AND THE AMOUNT AND SOURCE OF
FINANCING FOR SUCH WORK;
  (G) THE NUMBER AND TYPES OF NEW FULL-TIME AND  PART-TIME  JOBS  TO  BE
CREATED,  THE PROJECTED DATES OF HIRE, AND THE HOURLY WAGES AND BENEFITS
TO BE PAID;
  (H) THE NUMBER AND  TYPES  OF  FULL-TIME  AND  PART-TIME  JOBS  TO  BE
RETAINED, AND THE NUMBER OF JOBS EXISTING AT THE PROJECT ON THE DATE THE
AGREEMENT IS EXECUTED;
  (I) THE AMOUNT AND TYPE OF AFFORDABLE HOUSING TO BE BUILT, IF ANY;
  (J)  THE AMOUNT, TYPE AND DATE OF CAPITAL INVESTMENT TO BE PROVIDED BY
THE RECIPIENT;
  (K) A COMMITMENT TO CONTINUE OPERATIONS AT THE  PROJECT  SITE  FOR  AT
LEAST  FIVE  YEARS  AFTER  THE  TERMS  OF  THE FINANCIAL ASSISTANCE HAVE
EXPIRED;
  (L) A COMMITMENT TO MAKE TIMELY PAYMENTS IN LIEU OF TAXES; AND
  (M) THE PENALTIES IF THE TERMS OF THE AGREEMENT ARE NOT MET.
  2. THE AGENCY AND THE DEPARTMENT OF ECONOMIC DEVELOPMENT,  SHALL  HAVE
THE RIGHT OF ACCESS TO THE PROJECT AND TO EXAMINE ALL DOCUMENTS, PAYROLL
RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE AGENCY OR DEPARTMENT
TO  DETERMINE  THE  RECIPIENT  IS  IN  COMPLIANCE WITH PROVISIONS OF THE
FINANCIAL ASSISTANCE AGREEMENT AND THIS ARTICLE. THE AGENCY SHALL  COOP-
ERATE FULLY WITH THE DEPARTMENT IN CARRYING OUT ITS DUTIES.
  3. THE AGENCY SHALL FILE A COPY OF THE FINANCIAL ASSISTANCE AGREEMENT,
THE  APPLICATION AND THE COMMUNITY IMPACT REPORT WITH THE GOVERNING BODY
OF THE MUNICIPALITY WITHIN FIVE DAYS OF THE EXECUTION OF THE  AGREEMENT.
THE  AGREEMENT  SHALL  BE EFFECTIVE WITHIN SIXTY DAYS OF THE DATE OF ITS
EXECUTION UNLESS A MEMBER OF THE GOVERNING BODY FILES A NOTICE OF INTENT
TO REVIEW THE AGREEMENT WITH THE GOVERNING BODY. UPON THE FILING OF SUCH
NOTICE, THE FINANCIAL ASSISTANCE AGREEMENT SHALL NOT TAKE  EFFECT  UNTIL
THE AGREEMENT IS APPROVED BY THE GOVERNING BODY.
  4.  (A)  IF  THE  RECIPIENT  FAILS TO FULFILL ANY OBLIGATION UNDER THE
FINANCIAL ASSISTANCE AGREEMENT, OR IS FOUND TO HAVE COMMITTED A SUBSTAN-
TIAL VIOLATION OF ANY STATE OR LOCAL LAW, RULE OR REGULATION RELATING TO
ENVIRONMENTAL PROTECTION, TAXATION, FINANCIAL ASSISTANCE, PROTECTION  OF
WORKERS,  OR  MINORITY  OR WOMEN-OWNED BUSINESSES BY FINAL JUDGMENT OF A
COURT OR ADMINISTRATIVE TRIBUNAL, THE AGENCY SHALL  IMMEDIATELY  SUSPEND
ALL  FINANCIAL  ASSISTANCE  TO THE RECIPIENT. THE RECIPIENT SHALL NOTIFY
THE AGENCY WITHIN FOURTEEN DAYS  OF  SUCH  JUDGMENT.  THE  AGENCY  SHALL
PROMPTLY  ISSUE  A  NOTICE  OF  DEFAULT TO THE RECIPIENT WHO SHALL REMIT
REPAYMENT WITHIN SIXTY DAYS OF THE DATE OF SUCH  NOTICE.  ALL  FINANCIAL
ASSISTANCE PREVIOUSLY PROVIDED TO THE RECIPIENT SHALL BE REVOKED AND THE
RECIPIENT  SHALL REPAY SUCH ASSISTANCE TO THE AGENCY AT A RATE OF INTER-
EST EQUAL TO THE PRIME RATE, PLUS ONE PERCENT AS  OF  THE  DATE  OF  THE
NOTICE. THE AMOUNT OF REPAYMENT MAY BE PRORATED ACCORDING TO ANY PARTIAL
FULFILLMENT OF THE RECIPIENT'S OBLIGATIONS UNDER THE AGREEMENT.
  (B)  IF  A  RECIPIENT  IS REQUIRED TO REPAY FINANCIAL ASSISTANCE UNDER
THIS SUBDIVISION, THE RECIPIENT AND ANY SUBSIDIARY, PARENT OR  SUCCESSOR
OF  THE  RECIPIENT  SHALL  BE  PROHIBITED FROM ENTERING INTO A FINANCIAL
ASSISTANCE AGREEMENT WITH ANY OTHER STATE OR LOCAL AGENCY OR  INSTRUMEN-
TALITY OF THIS STATE UNTIL THE AGENCY HAS RECEIVED FULL REPAYMENT OF THE
AMOUNT DUE.
  (C)  WHENEVER THE ATTORNEY GENERAL HAS GOOD REASON TO BELIEVE THAT THE
RECIPIENT'S  FAILURE  TO  FULFILL  THE  FINANCIAL  ASSISTANCE  AGREEMENT
INVOLVES  THE  STATE'S  INTEREST,  OR THAT THE RECIPIENT HAS COMMITTED A

A. 3659                            13

SUBSTANTIAL VIOLATION OF THE LAWS OF THIS STATE, HE OR SHE MAY  COMMENCE
AN  ACTION TO RECOVER THE FINANCIAL ASSISTANCE AND FOR SUCH OTHER RELIEF
AS PROVIDED BY LAW.
  (D) WHERE AN INDUSTRIAL DEVELOPMENT AGENCY FUNDED BUILDING IS FOUND TO
HAVE TENANTS WHICH ARE IN VIOLATION OF SUCH INDUSTRIAL DEVELOPMENT AGEN-
CY'S  REQUIREMENTS  FOR FUNDING, THE DEVELOPER MUST REIMBURSE ALL FINAN-
CIAL ASSISTANCE GIVEN IN THE FORM OF TAX EXEMPTIONS.  THIS  SPECIFICALLY
APPLIES  TO PROJECTS FOR SPECULATION BUILDINGS WHICH HAVE RECEIVED A TAX
BREAK FOR CONSTRUCTION MATERIALS WITHOUT REVEALING THE IDENTITIES OF ALL
FUTURE QUALIFIED COMMERCIAL TENANTS. WHERE A BUILDING  PROJECT  RECEIVES
TAX  EXEMPTIONS  THROUGH  SUCH  INDUSTRIAL  DEVELOPMENT AGENCY AND LATER
HOUSES UNQUALIFIED COMMERCIAL TENANTS, SUCH DEVELOPER WILL  BE  REQUIRED
TO REPAY ALL TAXES WHICH WERE AVOIDED DUE TO RECEIVING INDUSTRIAL DEVEL-
OPMENT AGENCY ASSISTANCE.
  S  9.  The  general  municipal  law is amended by adding a new section
859-e to read as follows:
  S 859-E. WAGES AND STANDARDS. 1. WHENEVER  A  RECIPIENT  OF  FINANCIAL
ASSISTANCE  FROM AN AGENCY ENTERS INTO ANY CONTRACT, SUBCONTRACT, LEASE,
GRANT, BOND, COVENANT OR OTHER AGREEMENT FOR OR IN CONNECTION  WITH  ANY
CONSTRUCTION,  DEMOLITION,  RECONSTRUCTION,  EXCAVATION, REHABILITATION,
REPAIR, RENOVATION, ALTERATION, OR IMPROVEMENT WORK ON A  PROJECT,  SUCH
PROJECT  SHALL BE DEEMED TO BE A PUBLIC WORK FOR THE PURPOSES OF ARTICLE
EIGHT OF THE LABOR LAW AND ALL THE  PROVISIONS  OF  SUCH  ARTICLE  SHALL
APPLY.  AN EMPLOYER SHALL PAY EMPLOYEES NO LESS THAN THE PREVAILING RATE
OF WAGE AND SUPPLEMENTS UNDER ARTICLE EIGHT OF THE LABOR LAW.
  2. THE AGENCY SHALL REQUIRE THAT  WHENEVER  WORK  IS  PERFORMED  UNDER
SUBDIVISION ONE OF THIS SECTION, THE RECIPIENT SHALL USE CONTRACTORS AND
SUBCONTRACTORS  THAT  HAVE APPRENTICESHIP AGREEMENTS APPROPRIATE FOR THE
TYPE AND SCOPE OF WORK TO BE PERFORMED, THAT HAVE BEEN  REGISTERED  WITH
AND   APPROVED   BY  THE  COMMISSIONER  OF  LABOR  PURSUANT  TO  ARTICLE
TWENTY-THREE OF THE LABOR LAW.
  3. WHENEVER FINANCIAL ASSISTANCE IS PROVIDED  TO  A  RECIPIENT  BY  AN
AGENCY  FOR  A  PROJECT, ALL WORK PERFORMED IN CONNECTION WITH THE CARE,
MAINTENANCE OR PROTECTION OF THE PROPERTY AT THE PROJECT SHALL BE DEEMED
TO BE BUILDING SERVICE WORK FOR THE PURPOSES  OF  ARTICLE  NINE  OF  THE
LABOR  LAW AND ALL THE PROVISIONS OF SUCH ARTICLE SHALL APPLY. EMPLOYERS
SHALL BE SUBJECT TO THE REQUIREMENTS OF CONTRACTORS UNDER  ARTICLE  NINE
OF THE LABOR LAW.  AN EMPLOYER SHALL PAY BUILDING SERVICE EMPLOYEES PAID
NO  LESS  THAN  THE  HIGHER OF THE PREVAILING WAGE INCLUDING SUPPLEMENTS
PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE LABOR LAW FOR THE RELEVANT
BUILDING SERVICE JOB CLASSIFICATION, OR THE MEDIAN HOURLY WAGE FOR  "ALL
OCCUPATIONS" IN THE METROPOLITAN STATISTICAL AREA CLOSEST TO THE PROJECT
LOCATION, PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATISTICS, FOR
THE  DURATION  OF  ANY FINANCIAL ASSISTANCE AND FOR FIVE YEARS AFTER THE
TERMS OF THE FINANCIAL ASSISTANCE HAVE EXPIRED.
  4. WHENEVER FINANCIAL ASSISTANCE IS PROVIDED  TO  A  RECIPIENT  BY  AN
AGENCY  FOR  A  PROJECT,  EMPLOYEES  WHO  PERFORM  WORK  OTHER THAN WORK
PERFORMED UNDER SUBDIVISIONS ONE AND THREE OF THIS SECTION SHALL BE PAID
BY THEIR EMPLOYER NO LESS THAN THE MEDIAN HOURLY WAGE FOR  "ALL  OCCUPA-
TIONS"  IN  THE  METROPOLITAN  STATISTICAL  AREA  CLOSEST TO THE PROJECT
LOCATION, PUBLISHED BY THE UNITED STATES BUREAU OF LABOR STATISTICS, FOR
THE DURATION OF ANY FINANCIAL ASSISTANCE AND FOR FIVE  YEARS  AFTER  THE
TERMS OF THE FINANCIAL ASSISTANCE HAVE EXPIRED. ALL OF THE PROVISIONS OF
ARTICLE NINE OF THE LABOR LAW SHALL APPLY. EMPLOYERS SHALL BE SUBJECT TO
THE REQUIREMENTS OF CONTRACTORS UNDER ARTICLE NINE OF THE LABOR LAW.
  FOR THE PURPOSES OF THIS SECTION:

A. 3659                            14

  (A)  "BUILDING  SERVICE  EMPLOYEE"  SHALL  MEAN AN EMPLOYEE AS DEFINED
UNDER SECTION TWO HUNDRED THIRTY  OF  THE  LABOR  LAW,  WHETHER  OR  NOT
EMPLOYED  BY  AN  EMPLOYER  UNDER  A CONTRACT OR AGREEMENT WITH A PUBLIC
AGENCY;
  (B)  "EMPLOYER"  SHALL  MEAN  AN EMPLOYER AS DEFINED UNDER SECTION SIX
HUNDRED FIFTY-ONE OF THE LABOR LAW THAT IS OPERATING ON THE PREMISES  OF
A PROJECT, WHICH IS RECEIVING FINANCIAL ASSISTANCE FROM THE AGENCY; AND
  (C)  "EMPLOYEE"  SHALL  MEAN  AN EMPLOYEE AS DEFINED UNDER SECTION SIX
HUNDRED FIFTY-ONE OF THE LABOR LAW WHO WORKS FIVE OR MORE HOURS  A  WEEK
FOR AN EMPLOYER, WHETHER OR NOT EMPLOYED BY AN EMPLOYER UNDER A CONTRACT
OR AGREEMENT WITH A PUBLIC AGENCY.
  5.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED AS PROHIBITING OR
CONFLICTING WITH ANY LAW, OBLIGATION, OR COLLECTIVE BARGAINING AGREEMENT
THAT REQUIRES HIGHER WAGES OR BENEFITS,  OR  INCREASED  PROTECTIONS  FOR
EMPLOYEES.
  6. THE REQUIREMENTS OF THIS SECTION, EXCEPT THOSE PERTAINING TO BUILD-
ING  SERVICE  WORK,  MAY  BE  WAIVED BY THE WRITTEN TERMS OF A BONA FIDE
COLLECTIVE BARGAINING AGREEMENT, PROVIDED THAT THIS  SECTION  IS  REFER-
ENCED  IN SUCH AGREEMENT, AND THAT THE AGREEMENT SETS FORTH IN CLEAR AND
UNAMBIGUOUS TERMS THE DESIRE OF ALL PARTIES TO WAIVE SOME OR ALL OF  THE
REQUIREMENTS  OF  THIS  SECTION.  UNILATERAL IMPLEMENTATION OF TERMS AND
CONDITIONS OF EMPLOYMENT BY EITHER  PARTY  TO  A  COLLECTIVE  BARGAINING
RELATIONSHIP SHALL NOT CONSTITUTE A WAIVER OF ANY OF THE REQUIREMENTS OF
THIS SECTION.
  7.  NO  EMPLOYER  MAY REDUCE THE WAGES OF EMPLOYEES IN ORDER TO COMPLY
WITH THE REQUIREMENTS OF THIS SECTION.
  8. EACH RECIPIENT SHALL ENSURE THAT ALL TENANTS, SUBTENANTS,  CONTRAC-
TORS  AND SUBCONTRACTORS COMPLY WITH THE REQUIREMENTS UNDER THIS SECTION
AND THAT ANY LEASE, SUBLEASE, CONTRACT OR SUBCONTRACT  FOR  THE  PROJECT
INCLUDES THESE REQUIREMENTS.
  9.  A  COMPLAINT  FOR  A  VIOLATION OF THIS SECTION MAY BE FILED BY AN
AFFECTED EMPLOYEE, OR BY AN  ORGANIZATION  REPRESENTING  SUCH  EMPLOYEE,
PURSUANT  TO  THE  PROCEDURES UNDER ARTICLES EIGHT AND NINE OF THE LABOR
LAW.
  10. THE COMMISSIONER OF LABOR  SHALL  HAVE  THE  AUTHORITY  TO  ENSURE
COMPLIANCE WITH THE PROVISIONS OF THIS SECTION.
  11. THE COMMISSIONER OF LABOR SHALL PROMPTLY NOTIFY THE AGENCY AFTER A
FINAL  JUDGMENT DETERMINING THAT THE EMPLOYER HAS VIOLATED THIS SECTION.
UPON RECEIPT OF SUCH NOTICE, THE AGENCY SHALL IMMEDIATELY SUSPEND FINAN-
CIAL ASSISTANCE TO THE RECIPIENT AND SHALL REVOKE THE FINANCIAL  ASSIST-
ANCE  PREVIOUSLY  PROVIDED. THE RECIPIENT SHALL REPAY SUCH ASSISTANCE TO
THE AGENCY PURSUANT TO SUBDIVISION FOUR OF SECTION EIGHT HUNDRED  FIFTY-
NINE-D OF THIS TITLE.
  12.  THE  COMMISSIONER  OF  LABOR, ON BEHALF OF ANY EMPLOYEE PAID LESS
THAN THE WAGE TO WHICH HE OR SHE IS ENTITLED  UNDER  THE  PROVISIONS  OF
THIS  ARTICLE,  MAY  BRING  ANY  LEGAL  ACTION NECESSARY TO COLLECT SUCH
CLAIM. THE EMPLOYER SHALL BE REQUIRED TO  PAY  THE  COSTS  AND  IF  SUCH
UNDERPAYMENT  WAS  WILLFUL,  AN  ADDITIONAL AMOUNT AS LIQUIDATED DAMAGES
EQUAL TO TWENTY-FIVE PERCENT OF THE TOTAL OF SUCH UNDERPAYMENTS FOUND TO
BE DUE HIM OR HER. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACTION
TO RECOVER UPON A LIABILITY IMPOSED BY  THIS  TITLE  MUST  BE  COMMENCED
WITHIN SIX YEARS.
  S  10.  The  general  municipal law is amended by adding a new section
859-f to read as follows:
  S 859-F. DISPLACED WORKER PROTECTION.  1. DEFINITIONS. AS USED IN THIS
SECTION:

A. 3659                            15

  (A)  "COVERED  ENTITY"  SHALL  MEAN  ANY  PERSON  THAT  OWNS,  LEASES,
SUBLEASES OR MANAGES PROPERTY WHERE SERVICE WORK IS PERFORMED.
  (B)  "PERSON"  SHALL MEAN ANY INDIVIDUAL, PROPRIETORSHIP, PARTNERSHIP,
JOINT VENTURE, CORPORATION, LIMITED LIABILITY  COMPANY,  TRUST,  ASSOCI-
ATION, OR OTHER ENTITY THAT MAY EMPLOY INDIVIDUALS OR ENTER INTO SERVICE
CONTRACTS.
  (C)  "PROPERTY"  SHALL  MEAN  THE  REAL  PROPERTY AT THE PROJECT WHERE
SERVICE EMPLOYEES WORK.
  (D) "SERVICE CONTRACT" SHALL MEAN AN AGREEMENT WITH A SERVICE CONTRAC-
TOR TO FURNISH SERVICES, INCLUDING ANY SUBCONTRACTS FOR THOSE SERVICES.
  (E) "SERVICE CONTRACTOR" SHALL MEAN ANY CONTRACTOR THAT ENTERS INTO  A
SERVICE CONTRACT WITH A COVERED ENTITY.
  (F)  "SERVICE  EMPLOYEE"  SHALL  MEAN ANY PERSON EMPLOYED BY A SERVICE
CONTRACTOR WHO HAS BEEN REGULARLY ASSIGNED TO WORK AT THE PROPERTY ON  A
FULL  OR PART-TIME BASIS FOR AT LEAST NINETY DAYS, BUT SHALL NOT INCLUDE
A MANAGERIAL, SUPERVISORY, OR CONFIDENTIAL EMPLOYEE.
  (G) "SERVICE WORK" SHALL MEAN ANY TYPE OF SERVICES  PERFORMED  AT  THE
PROPERTY,  EXCEPT  SERVICES IN CONNECTION WITH ANY CONSTRUCTION, DEMOLI-
TION, RECONSTRUCTION, EXCAVATION,  REHABILITATION,  REPAIR,  RENOVATION,
ALTERATION, OR IMPROVEMENT WORK.
  (H)  "SUCCESSOR CONTRACTOR" SHALL MEAN A CONTRACTOR THAT: (I) HAS BEEN
AWARDED A SERVICE CONTRACT FOR SERVICES THAT ARE  SUBSTANTIALLY  SIMILAR
TO  THOSE  PROVIDED  UNDER  A  TERMINATED  SERVICE CONTRACT, OR (II) HAS
PURCHASED OR ACQUIRED CONTROL OF ANY PART OF THE PROPERTY WHERE  SERVICE
EMPLOYEES WORK.
  2.  (A)  NO  LATER  THAN  FIFTEEN  DAYS PRIOR TO TERMINATING A SERVICE
CONTRACT, A COVERED ENTITY SHALL PROVIDE A NOTICE OF TERMINATION TO  THE
SERVICE CONTRACTOR AND REQUEST A LIST CONTAINING THE NAME, ADDRESS, DATE
OF  HIRE AND JOB CLASSIFICATION OF EACH SERVICE EMPLOYEE EMPLOYED AT THE
PROPERTY.
  (B) NO LATER THAN FIFTEEN DAYS PRIOR  TO  TRANSFERRING  A  CONTROLLING
INTEREST IN ANY PART OF THE PROPERTY, A COVERED ENTITY SHALL PROVIDE THE
SUCCESSOR  CONTRACTOR  WITH A LIST CONTAINING THE NAME, ADDRESS, DATE OF
HIRE AND JOB CLASSIFICATION OF EACH SERVICE  EMPLOYEE  EMPLOYED  AT  THE
PROPERTY.
  (C)  A COVERED ENTITY SHALL ENSURE THAT A COPY OF THE NOTICE, THE LIST
AND THE RIGHTS OF SERVICE EMPLOYEES UNDER THIS SECTION IS  CONSPICUOUSLY
POSTED AT THE PROPERTY.
  (D)  A  SUCCESSOR  CONTRACTOR SHALL RETAIN ALL SERVICE EMPLOYEES UNDER
THE TERMINATED SERVICE CONTRACT FOR A PERIOD OF NINETY  DAYS  AFTER  THE
DATE OF CONTRACT TERMINATION.
  (E)  IF A SUCCESSOR CONTRACTOR DETERMINES THAT FEWER SERVICE EMPLOYEES
ARE NEEDED TO  PERFORM  SERVICE  WORK  THAN  UNDER  THE  FORMER  SERVICE
CONTRACT,  THE  SUCCESSOR  CONTRACTOR  SHALL  RETAIN  SUCH  EMPLOYEES BY
SENIORITY WITHIN EACH JOB CLASSIFICATION; PROVIDED, THAT  THE  SUCCESSOR
CONTRACTOR  SHALL MAINTAIN A PREFERENTIAL HIRING LIST OF SERVICE EMPLOY-
EES NOT RETAINED WHO SHALL HAVE A RIGHT OF FIRST  REFUSAL  TO  ANY  JOBS
WITHIN THEIR CLASSIFICATION THAT BECOME AVAILABLE DURING THIS PERIOD.
  (F)  NO SUCCESSOR CONTRACTOR MAY DISCHARGE A SERVICE EMPLOYEE RETAINED
UNDER THIS SECTION WITHOUT CAUSE.
  (G) AT THE END OF THE  NINETY-DAY  TRANSITION  PERIOD,  THE  SUCCESSOR
CONTRACTOR  SHALL  PERFORM A WRITTEN EVALUATION OF EACH RETAINED SERVICE
EMPLOYEE. IF THE EMPLOYEE'S PERFORMANCE DURING THIS PERIOD IS  SATISFAC-
TORY,  THE EMPLOYEE SHALL BE OFFERED CONTINUED EMPLOYMENT BY THE SUCCES-
SOR CONTRACTOR.

A. 3659                            16

  (H) ANY SERVICE EMPLOYEE  WHO  HAS  NOT  BEEN  RETAINED  OR  HAS  BEEN
DISCHARGED IN VIOLATION OF THIS SECTION, OR AN ORGANIZATION REPRESENTING
SUCH  EMPLOYEE, MAY BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION
FOR INJUNCTIVE RELIEF AND DAMAGES. THE COURT  MAY  ORDER  REINSTATEMENT,
BACK  PAY  WITH WAGES AND BENEFITS, COSTS AND REASONABLE ATTORNEY'S FEES
UPON DETERMINING THAT A VIOLATION HAS OCCURRED.
  3. THIS SECTION SHALL BE  SUBJECT  TO  THE  TERMS  OF  ANY  COLLECTIVE
BARGAINING AGREEMENT BETWEEN ANY LABOR ORGANIZATION REPRESENTING SERVICE
EMPLOYEES  AND  ANY  SERVICE CONTRACTOR, SUCCESSOR CONTRACTOR OR COVERED
ENTITY.
  S 11. The general municipal law is amended by  adding  a  new  section
859-g to read as follows:
  S 859-G. COMPLAINT AND APPEALS.  1. (A) ANY PERSON RESIDING WITHIN THE
GEOGRAPHIC BOUNDARIES OF THE AGENCY MAY FILE A COMPLAINT WITH THE AGENCY
ALLEGING A VIOLATION OF THIS ARTICLE, EXCEPT AS OTHERWISE PROVIDED UNDER
SECTIONS  EIGHT  HUNDRED  FIFTY-NINE-E AND EIGHT HUNDRED FIFTY-NINE-F OF
THIS TITLE. THE AGENCY SHALL PREPARE A  COMPLAINT  FORM  THAT  SHALL  BE
POSTED ON ITS WEBSITE AND MADE AVAILABLE AT THE AGENCY'S OFFICE.
  (B)  THE  AGENCY SHALL HOLD A HEARING WITHIN FORTY-FIVE DAYS AFTER THE
FILING OF A COMPLAINT, AND SHALL SERVE NOTICE OF THE TIME AND  PLACE  OF
THE HEARING UPON THE PARTIES WITHIN FIVE DAYS OF SUCH FILING. THE AGENCY
SHALL  RENDER ITS DECISION WITH WRITTEN FINDINGS WITHIN TEN DAYS FOLLOW-
ING THE HEARING AND SHALL PROMPTLY MAIL A COPY OF THE  DECISION  TO  THE
PARTIES.  THE  AGENCY  MAY  ORDER ANY RELIEF AUTHORIZED UNDER THIS TITLE
UPON DETERMINING A VIOLATION HAS OCCURRED.
  (C) WITHIN THIRTY DAYS AFTER THE MAILING OF THE AGENCY'S DECISION,  AN
AGGRIEVED  PARTY  MAY  APPEAL  THE DECISION BY FILING A NOTICE OF APPEAL
WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT. THE DEPARTMENT  MAY  DECIDE
ANY  APPEAL  BASED ON THE RECORD AT THE HEARING, OR MAY HOLD A NEW HEAR-
ING. THE HEARING SHALL BE  HELD  AT  THE  DEPARTMENT'S  REGIONAL  OFFICE
LOCATED  CLOSEST  TO  THE AGENCY WITHIN THIRTY DAYS OF THE FILING OF THE
NOTICE OF APPEAL.  THE DEPARTMENT SHALL PROMPTLY  SERVE  NOTICE  OF  THE
TIME AND PLACE OF THE HEARING ON THE PARTIES.
  (D)  THE DEPARTMENT SHALL RENDER ITS DECISION IN WRITING WITHIN THIRTY
DAYS AFTER THE FILING OF THE NOTICE OF  APPEAL  OR  AFTER  ITS  HEARING,
WHICHEVER OCCURS LATER. THE DEPARTMENT MAY AFFIRM, REVERSE OR MODIFY THE
DECISION  APPEALED  FROM  AND MAY ORDER ANY RELIEF AUTHORIZED UNDER THIS
TITLE.  THE DECISION OF THE DEPARTMENT SHALL BE FINAL ON  ALL  QUESTIONS
OF  FACT,  AND  UNLESS APPEALED FROM, SHALL BE FINAL ON ALL QUESTIONS OF
LAW. AN APPEAL FROM A QUESTION OF LAW MAY  BE  TAKEN  TO  THE  APPELLATE
DIVISION OF THE SUPREME COURT, THIRD DEPARTMENT.
  (E)  THE DEPARTMENT SHALL ESTABLISH RULES FOR THE CONDUCT OF ANY HEAR-
ING OR APPEAL UNDER THIS SECTION, WHICH SHALL NOT BE LIMITED  BY  COMMON
LAW, OR STATUTORY RULES OF EVIDENCE.
  2. A PERSON UNDER SUBDIVISION ONE OF THIS SECTION MAY FILE A COMPLAINT
IN  A  COURT  OF  COMPETENT JURISDICTION, UNLESS HE OR SHE HAS FILED THE
SAME COMPLAINT WITH THE AGENCY. THE COURT MAY ORDER  INJUNCTIVE  RELIEF,
DAMAGES  AND  ANY  OTHER  RELIEF  AUTHORIZED  UNDER  THIS  TITLE  FOR  A
VIOLATION, ALONG WITH COSTS AND ATTORNEY'S FEES.
  S 12. The general municipal law is amended by  adding  a  new  section
859-h to read as follows:
  S 859-H. REPORTS BY RECIPIENTS. 1. A RECIPIENT OF FINANCIAL ASSISTANCE
SHALL  SUBMIT  AN ANNUAL REPORT TO THE AGENCY NO LATER THAN THE ANNIVER-
SARY DATE OF THE  FINANCIAL  ASSISTANCE  AGREEMENT.  THE  DEPARTMENT  OF
ECONOMIC  DEVELOPMENT  SHALL PREPARE A FORM FOR THE REPORT THAT SHALL BE

A. 3659                            17

POSTED ON THE AGENCY'S WEBSITE. THE REPORT SHALL INCLUDE  THE  FOLLOWING
INFORMATION:
  (A)  THE  TYPE, PURPOSE AND AMOUNT OF FINANCIAL ASSISTANCE PROVIDED BY
THE AGENCY;
  (B) THE NUMBER AND TYPES OF NEW FULL-TIME AND PART-TIME JOBS, DATES OF
HIRE, AND WAGES AND BENEFITS REQUIRED UNDER THE AGREEMENT;
  (C) THE NUMBER AND TYPES OF NEW FULL-TIME AND PART-TIME JOBS THAT HAVE
BEEN CREATED, THE DATES OF HIRE, AND THE WAGES AND BENEFITS PAID;
  (D) THE NUMBER AND TYPES OF FULL-TIME AND PART-TIME JOBS  REQUIRED  TO
BE  RETAINED,  THE NUMBER AND TYPES OF FULL-TIME AND PART-TIME JOBS THAT
HAVE BEEN RETAINED;
  (E) THE AMOUNT, TYPE AND DATES OF CAPITAL INVESTMENT AND OTHER EXPEND-
ITURES BY THE RECIPIENT REQUIRED UNDER THE AGREEMENT;
  (F) THE AMOUNT, TYPE AND DATES OF CAPITAL INVESTMENT AND OTHER EXPEND-
ITURES MADE BY THE RECIPIENT;
  (G) THE AMOUNT AND TYPE OF INFRASTRUCTURE AND  TRANSPORTATION  INVEST-
MENT BY THE RECIPIENT REQUIRED UNDER THE AGREEMENT;
  (H)  THE AMOUNT AND TYPE OF INFRASTRUCTURE AND TRANSPORTATION EXPENDI-
TURES MADE BY THE RECIPIENT;
  (I) THE AMOUNT AND DATE OF ANY PRIVATE  FINANCING  REQUIRED,  AND  THE
AMOUNT AND DATE OF ANY PRIVATE FINANCING RECEIVED BY THE RECIPIENT;
  (J)  THE AMOUNT, TYPE AND DATE OF ANY OTHER OBLIGATIONS OF THE RECIPI-
ENT AND THE RECIPIENT'S COMPLIANCE; AND
  (K) A CERTIFICATION BY THE RECIPIENT'S CHIEF  EXECUTIVE  OFFICER  THAT
THE REPORT IS ACCURATE AND COMPLETE.
  2.  IF  A  RECIPIENT FAILS TO FILE THE REPORT REQUIRED BY THIS SECTION
WITHIN THIRTY DAYS OF THE DUE DATE, THE AGENCY SHALL SUSPEND ALL FURTHER
FINANCIAL ASSISTANCE UNTIL THE REPORT IS FILED.
  3. THE REPORT SHALL BE SUBMITTED IN ELECTRONIC  AND  PAPER  FORM,  AND
SHALL  BE  POSTED  ON THE AGENCY'S WEBSITE AND MADE AVAILABLE FOR PUBLIC
INSPECTION.
  S 13. The general municipal law is amended by  adding  a  new  section
859-i to read as follows:
  S 859-I. GREEN BUILDING STANDARDS. 1. DEFINITIONS. FOR THE PURPOSES OF
THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  (A)  "CONSTRUCTION" SHALL MEAN ANY WORK NECESSARY OR INCIDENTAL TO THE
ERECTION, DEMOLITION, ASSEMBLING, ALTERATION, INSTALLING,  OR  EQUIPPING
OF ANY BUILDING.
  (B)  "GREEN BUILDING STANDARDS" SHALL MEAN DESIGN GUIDELINES, A RATING
SYSTEM OR RULES FOR CONSTRUCTING BUILDINGS THAT  ENSURE  SITE  PLANNING,
WATER  EFFICIENCY,  ENERGY EFFICIENCY AND RENEWABLE ENERGY, CONSERVATION
OF MATERIALS AND RESOURCES, AND INDOOR ENVIRONMENTAL QUALITY.
  (C) "INFLATION" SHALL MEAN THE  ANNUAL  TWELVE-MONTH  AVERAGE  OF  THE
CONSUMER PRICE INDEX PUBLISHED BY THE UNITED STATES DEPARTMENT OF LABOR.
  (D)  "LEED ENERGY AND ATMOSPHERE CREDIT 1" SHALL MEAN THE CREDIT POINT
UNDER LEADERSHIP IN ENERGY  AND  ENVIRONMENTAL  DESIGN  (LEED)  FOR  NEW
CONSTRUCTION  VERSION  2.1 INTENDED TO ACHIEVE INCREASED ENERGY PERFORM-
ANCE.
  (E) "LEED GREEN BUILDING RATING SYSTEM" SHALL MEAN A  VERSION  OF  THE
LEED  BUILDING RATING SYSTEM PUBLISHED BY THE UNITED STATES GREEN BUILD-
ING COUNCIL, NOT LESS STRINGENT THAN THE SELECTED GREEN BUILDING  RATING
SYSTEM.
  (F)  "LEED  WATER  EFFICIENCY  CREDIT 3.2" SHALL MEAN THE CREDIT POINT
UNDER THE LEED FOR NEW CONSTRUCTION  VERSION  2.1  INTENDED  TO  ACHIEVE
WATER USE REDUCTION.

A. 3659                            18

  (G)  "NOT  LESS  STRINGENT"  SHALL MEAN PROVIDING NO LESS NET ENVIRON-
MENTAL AND HEALTH BENEFITS.
  (H) "REHABILITATION" SHALL MEAN ANY RESTORATION, REPLACEMENT OR REPAIR
OF ANY MATERIALS, SYSTEMS OR COMPONENTS.
  (I) "SELECTED GREEN BUILDING RATING SYSTEM" SHALL MEAN THE CURRENT AND
MOST  APPROPRIATE  BUILDING RATING SYSTEM PUBLISHED BY THE UNITED STATES
GREEN BUILDING COUNCIL.
  (J) "SUBSTANTIAL RECONSTRUCTION" SHALL MEAN A  PROJECT  IN  WHICH  THE
SCOPE OF WORK INCLUDES REHABILITATION OF AT LEAST TWO OF THE THREE MAJOR
SYSTEMS FOR (I) ELECTRICAL, (II) HEATING, VENTILATING AND AIR CONDITION-
ING  (HVAC) AND (III) PLUMBING OF A BUILDING, WHERE CONSTRUCTION AFFECTS
AT LEAST FIFTY PERCENT OF THE BUILDING'S FLOOR AREA.
  2. (A) EACH PROJECT WITH AN ESTIMATED CONSTRUCTION COST OF TWO MILLION
DOLLARS OR MORE INVOLVING (I) THE CONSTRUCTION OF A NEW  BUILDING,  (II)
AN  ADDITION  TO  AN  EXISTING BUILDING, OR (III) THE SUBSTANTIAL RECON-
STRUCTION OF AN EXISTING BUILDING SHALL BE DESIGNED AND  CONSTRUCTED  TO
COMPLY  WITH GREEN BUILDING STANDARDS NOT LESS STRINGENT THAN THE STAND-
ARDS FOR BUILDINGS DESIGNED IN ACCORDANCE WITH THE LEED  GREEN  BUILDING
RATING  SYSTEM  TO  ACHIEVE  A  LEED  SILVER  OR HIGHER RATING, OR, WITH
RESPECT TO BUILDINGS CLASSIFIED IN OCCUPANCY GROUPS G OR H-2, TO ACHIEVE
A LEED CERTIFIED OR HIGHER RATING.
  (B) IF THE ESTIMATED CONSTRUCTION COST OF A PROJECT REQUIRED TO COMPLY
WITH GREEN BUILDING STANDARDS IS TWELVE MILLION  DOLLARS  OR  MORE,  THE
PROJECT SHALL BE DESIGNED AND CONSTRUCTED AS FOLLOWS:
  (I) PROJECTS INVOLVING BUILDINGS CLASSIFIED IN OCCUPANCY GROUP G SHALL
BE DESIGNED AND CONSTRUCTED TO REDUCE ENERGY COST BY A MINIMUM OF TWENTY
PERCENT,  AS DETERMINED BY THE METHODOLOGY PRESCRIBED IN LEED ENERGY AND
ATMOSPHERE CREDIT 1 OR THE NEW  YORK  STATE  ENERGY  CONSERVATION  CODE,
WHICHEVER IS MORE STRINGENT.
  (II)  PROJECTS,  OTHER  THAN BUILDINGS CLASSIFIED IN OCCUPANCY GROUP G
WITH AN ESTIMATED CONSTRUCTION COST OF TWELVE MILLION  DOLLARS  OR  MORE
BUT  LESS  THAN THIRTY MILLION DOLLARS SHALL BE DESIGNED AND CONSTRUCTED
TO REDUCE ENERGY COST BY AT LEAST TWENTY PERCENT, AS DETERMINED  BY  THE
METHODOLOGY PRESCRIBED IN LEED ENERGY AND ATMOSPHERE CREDIT 1 OR THE NEW
YORK STATE ENERGY CONSERVATION CODE, WHICHEVER IS MORE STRINGENT.
  (III)  PROJECTS, OTHER THAN BUILDINGS CLASSIFIED IN OCCUPANCY GROUP G,
WITH AN ESTIMATED CONSTRUCTION COST OF THIRTY MILLION  DOLLARS  OR  MORE
SHALL  BE  DESIGNED  AND  CONSTRUCTED  TO REDUCE ENERGY COST BY AT LEAST
TWENTY-FIVE PERCENT, AS DETERMINED BY THE METHODOLOGY PRESCRIBED IN LEED
ENERGY AND ATMOSPHERE CREDIT 1 OR THE NEW YORK STATE ENERGY CONSERVATION
CODE, WHICHEVER IS MORE STRINGENT.
  3. PROJECTS,  OTHER  THAN  PROJECTS  UNDER  SUBDIVISION  TWO  OF  THIS
SECTION, SHALL BE SUBJECT TO THE FOLLOWING:
  (A)  EACH  PROJECT  THAT INCLUDES THE INSTALLATION OR REPLACEMENT OF A
BOILER WHERE THE ESTIMATED COST FOR SUCH WORK IS TWO MILLION DOLLARS  OR
MORE,  OR  THAT  INVOLVES  THE  INSTALLATION  OR REPLACEMENT OF LIGHTING
SYSTEMS IN A BUILDING AT AN ESTIMATED COST FOR SUCH WORK OF ONE  MILLION
DOLLARS OR MORE, SHALL BE DESIGNED AND CONSTRUCTED TO REDUCE ENERGY COST
BY  AT LEAST TEN PERCENT, AS DETERMINED BY THE METHODOLOGY PRESCRIBED IN
LEED ENERGY AND ATMOSPHERE CREDIT 1 OR THE NEW YORK STATE ENERGY CONSER-
VATION CODE, WHICHEVER IS MORE STRINGENT.
  (B) EACH PROJECT, OTHER THAN A PROJECT UNDER  PARAGRAPH  (A)  OF  THIS
SUBDIVISION,  THAT  INVOLVES  THE  INSTALLATION  OR  REPLACEMENT OF HVAC
COMFORT CONTROLS AT AN ESTIMATED WORK COST OF  TWO  MILLION  DOLLARS  OR
MORE, SHALL BE DESIGNED AND CONSTRUCTED TO REDUCE ENERGY COST BY A MINI-
MUM  OF FIVE PERCENT AS DETERMINED BY THE METHODOLOGY PRESCRIBED IN LEED

A. 3659                            19

ENERGY AND ATMOSPHERE CREDIT 1 OR THE NEW YORK STATE ENERGY CONSERVATION
CODE, WHICHEVER IS MORE STRINGENT.
  4.  ANY  PROJECT INVOLVING THE INSTALLATION OR REPLACEMENT OF PLUMBING
SYSTEMS THAT INCLUDES PLUMBING FIXTURES WHERE  THE  ESTIMATED  COST  FOR
SUCH WORK IS FIVE HUNDRED THOUSAND DOLLARS OR MORE SHALL BE DESIGNED AND
CONSTRUCTED  TO  REDUCE  POTABLE WATER CONSUMPTION IN THE AGGREGATE BY A
MINIMUM OF THIRTY PERCENT, AS  DETERMINED  BY  A  METHODOLOGY  NOT  LESS
STRINGENT  THAN  THAT  PRESCRIBED  IN  LEED WATER EFFICIENCY CREDIT 3.2;
PROVIDED, HOWEVER, THAT SUCH PERCENTAGE SHALL BE REDUCED TO A MINIMUM OF
TWENTY PERCENT IF THE LOCAL AGENCY WITH JURISDICTION OVER  BUILDINGS  IN
THE MUNICIPALITY REJECTS AN APPLICATION FOR THE USE OF WATERLESS URINALS
FOR THE PROJECT.
  5. THIS SECTION SHALL APPLY ONLY TO PROJECTS INVOLVING BUILDINGS CLAS-
SIFIED  IN OCCUPANCY GROUPS B-1, B-2, C, E, F-1A, F-1B, F-3, F-4, G, H-1
AND H-2. THE COSTS UNDER  SUBDIVISIONS  TWO,  THREE  AND  FOUR  OF  THIS
SECTION SHALL BE INDEXED TO INFLATION.
  6.  THIS  SECTION  SHALL  NOT  APPLY  TO PROJECTS FOR WHICH THE AGENCY
ENTERED INTO A FINANCIAL ASSISTANCE AGREEMENT WITH THE  RECIPIENT  PRIOR
TO THE EFFECTIVE DATE OF THIS SECTION.
  7.  RECIPIENTS OF PROJECTS SUBJECT TO PARAGRAPH (A) OF SUBDIVISION TWO
OF THIS SECTION THAT UTILIZE A VERSION OF THE LEED GREEN BUILDING RATING
SYSTEM FOR WHICH THE UNITED STATES GREEN BUILDING  COUNCIL  WILL  ACCEPT
APPLICATIONS  FOR  CERTIFICATION, SHALL APPLY TO THE UNITED STATES GREEN
BUILDING COUNCIL FOR CERTIFICATION THAT SUCH PROJECTS  HAVE  ACHIEVED  A
SILVER  OR HIGHER RATING UNDER THE LEED GREEN BUILDING RATING SYSTEM OR,
WITH RESPECT TO PROJECTS INVOLVING  BUILDINGS  CLASSIFIED  IN  OCCUPANCY
GROUPS G OR H-2, A CERTIFIED OR HIGHER RATING UNDER SUCH RATING SYSTEM.
  8.  (A)  RECIPIENTS  SUBJECT  TO  THIS  SECTION SHALL SUBMIT AN ANNUAL
REPORT TO THE AGENCY NO LATER THAN THE ANNIVERSARY DATE OF THE FINANCIAL
ASSISTANCE AGREEMENT. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL
PREPARE A FORM FOR SUCH REPORT THAT SHALL  BE  POSTED  ON  THE  AGENCY'S
WEBSITE. THE REPORT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (I)  THE  NAME,  ADDRESS AND DESCRIPTION OF THE PROJECT, INCLUDING ITS
SQUARE FOOTAGE AND TOTAL COST;
  (II) THE LEVEL OF LEED CERTIFICATION THE PROJECT HAS ACHIEVED BASED ON
THE LEED RATING SYSTEM OR, IF APPLICABLE, THE LEVEL ACHIEVED, AS  CERTI-
FIED BY THE UNITED STATES GREEN BUILDING COUNCIL;
  (III)  AN  ASSESSMENT  OF THE HEALTH, ENVIRONMENTAL AND ENERGY-RELATED
BENEFITS ACHIEVED IN COMPARISON WITH A BASE-CASE CODE COMPLIANT PROJECT,
INCLUDING  PROJECTED  ENERGY  SAVINGS  AND  REDUCTIONS  IN  PEAK   LOAD,
REDUCTIONS  IN  EMISSIONS,  REDUCTIONS IN STORM WATER RUNOFF AND POTABLE
WATER USE; AND
  (IV) FUNDS SPENT TO COMPLY WITH THE LEED GREEN BUILDING RATING  SYSTEM
OR ANY OTHER GREEN BUILDING STANDARD.
  (B)  THE  REPORT  SHALL BE SUBMITTED IN ELECTRONIC AND PAPER FORM, AND
SHALL BE POSTED ON THE AGENCY'S WEBSITE AND MADE AVAILABLE BY THE AGENCY
FOR PUBLIC INSPECTION.
  9. (A) EACH AGENCY SHALL SUBMIT AN ANNUAL REPORT TO THE DEPARTMENT  OF
ECONOMIC DEVELOPMENT AND THE GOVERNING BODY WITHIN NINETY DAYS FOLLOWING
THE  CLOSE  OF  ITS  FISCAL YEAR. THE REPORT SHALL INCLUDE THE FOLLOWING
INFORMATION:
  (I) A LIST AND BRIEF DESCRIPTION, INCLUDING SQUARE FOOTAGE  AND  TOTAL
COST,  OF  ALL  PROJECTS  SUBJECT  TO  THIS SECTION COMPLETED DURING THE
PRECEDING FISCAL YEAR;

A. 3659                            20

  (II) THE ESTIMATED LEVEL OF  LEED  CERTIFICATION  SUCH  PROJECTS  HAVE
ACHIEVED  BASED UPON THE LEED RATING SYSTEM OR, IF APPLICABLE, THE LEVEL
ACHIEVED, AS CERTIFIED BY THE UNITED STATES GREEN BUILDING COUNCIL; AND
  (III)  AN  ASSESSMENT  OF THE HEALTH, ENVIRONMENTAL AND ENERGY-RELATED
BENEFITS ACHIEVED, INCLUDING PROJECTED ENERGY SAVINGS AND REDUCTIONS  IN
PEAK LOAD, REDUCTIONS IN EMISSIONS, REDUCTIONS IN STORM WATER RUNOFF AND
POTABLE WATER USE.
  (B) THE AGENCY'S REPORT SHALL BE POSTED ON ITS WEBSITE AND MADE AVAIL-
ABLE FOR PUBLIC INSPECTION.
  10. THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SHALL PROVIDE CONSUL-
TATION  AND  OTHER  ASSISTANCE  AS NEEDED BY THE AGENCY TO CARRY OUT ITS
RESPONSIBILITIES UNDER THIS SECTION.
  S 14. Section 862 of the general municipal law, as  added  by  chapter
1030 of the laws of 1969, is amended to read as follows:
  S  862.  Restrictions  on funds of the agency. 1. No [funds] FINANCIAL
ASSISTANCE of the agency shall be used in respect of any project if  the
completion  thereof  would  result  in  the removal of [an industrial or
manufacturing] ALL OR ANY PART OF A FACILITY OR  plant  of  the  project
occupant  from  one area of the state to another area of the state or in
the abandonment of ALL OR ANY PART OF one or more plants  or  facilities
of  the  project  occupant  located within the state, provided, however,
that neither restriction shall apply if the agency  shall  determine  on
the  basis  of  the application before it that the project is reasonably
necessary to discourage the project occupant from  removing  such  other
plant  or  facility  to  a  location  outside the state or is reasonably
necessary to preserve the competitive position of the  project  occupant
in  its respective industry, AND THE PRIOR CONSENT OF THE GOVERNING BODY
OR BODIES OF ALL THE MUNICIPALITIES FROM WHICH ALL  OR  ANY  PART  OF  A
FACILITY  OR  PLANT OF THE PROJECT OCCUPANT WILL BE REMOVED OR ABANDONED
IS PROVIDED IN WRITING. UPON A COMPLAINT BY A MUNICIPALITY  THAT  FINAN-
CIAL  ASSISTANCE OF AN AGENCY HAS RESULTED IN THE ABANDONMENT OR REMOVAL
BY A PROJECT OCCUPANT OF ALL OR ANY PART OF ONE OR MORE PLANTS OR FACIL-
ITIES IN SUCH MUNICIPALITY, THE COMPTROLLER OR HIS OR HER DESIGNEE SHALL
INVESTIGATE SUCH ALLEGATION.  IF HE OR SHE DETERMINES THAT THE COMPLAINT
IS VALID, THE AGENCY THAT PROVIDED THE FINANCIAL ASSISTANCE SHALL PAY TO
THE MUNICIPALITY AN AMOUNT EQUAL TO THE PORTION OF TAX OR TAXES THAT THE
PROJECT OCCUPANT SAVED OR AVOIDED DUE TO ITS RELOCATION AND  THE  AGENCY
IS  SUSPENDED FROM NEGOTIATING ANY DEVELOPMENT ASSISTANCE AGREEMENTS FOR
SIX MONTHS.
  2.  NO FINANCIAL ASSISTANCE OF THE AGENCY SHALL BE USED TO  ASSIST  IN
THE RELOCATION OF ALL OR ANY PART OF A PLANT, FACILITY OR OPERATION FROM
ONE  MUNICIPALITY  IN  THE STATE TO ANOTHER MUNICIPALITY IN THE STATE IF
THE RELOCATION IS LIKELY TO RESULT IN A LOSS OF EMPLOYMENT IN THE  LABOR
MARKET AREA FROM WHICH THE RELOCATION OCCURS.
  3.  NO  FINANCIAL  ASSISTANCE SHALL BE PROVIDED TO A PROJECT APPLICANT
FOUND TO HAVE COMMITTED A SUBSTANTIAL VIOLATION OF ANY  STATE  OR  LOCAL
LAW,  RULE OR REGULATION RELATING TO ENVIRONMENTAL PROTECTION, TAXATION,
FINANCIAL ASSISTANCE, PROTECTION OF WORKERS, OR MINORITY OR  WOMEN-OWNED
BUSINESSES BY FINAL JUDGMENT OF A COURT OR ADMINISTRATIVE TRIBUNAL WITH-
IN THREE YEARS PRECEDING AN APPLICATION FOR A PROJECT.
  4.  NO  FINANCIAL  ASSISTANCE OF THE AGENCY SHALL BE USED TO ASSIST IN
THE RELOCATION OF ALL OR ANY PART OF A PLANT, FACILITY OR OPERATION FROM
ONE LOCATION IN  THE  STATE  WITH  EXISTING  INFRASTRUCTURE  TO  ANOTHER
LOCATION IN THE STATE WITH NO EXISTING INFRASTRUCTURE.
  5.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, AN
AGENCY SHALL NOT UNDERTAKE ANY PROJECT THAT EXCEEDS ONE HUNDRED  MILLION

A. 3659                            21

DOLLARS  IN  VALUE  WITHOUT  THE  APPROVAL  OF THE NEW YORK STATE PUBLIC
AUTHORITIES CONTROL BOARD CREATED  PURSUANT  TO  ARTICLE  ONE-A  OF  THE
PUBLIC  AUTHORITIES  LAW.  EACH  APPLICATION  TO  THE PUBLIC AUTHORITIES
CONTROL BOARD SHALL CONTAIN A PROJECT DESCRIPTION, AN EXPLANATION OF WHY
THE PROJECT MEETS THE STANDARDS FOR PROJECT APPROVAL, AND ANY ADDITIONAL
INFORMATION THAT THE PUBLIC AUTHORITIES CONTROL BOARD DEEMS NECESSARY.
  6. NO FINANCIAL ASSISTANCE OF THE AGENCY SHALL BE USED IN SUPPORT OF A
PROJECT  IN  AN  AREA  OR  AREAS:  NOT  SERVED BY PUBLIC SEWER AND WATER
INFRASTRUCTURE; OR DESIGNATED AS LANDS SUITABLE FOR  CONSERVATION  IN  A
COMPREHENSIVE  LAND  USE  PLAN; OR WHERE THE EXISTING ZONING CLASSIFICA-
TIONS ARE INCONSISTENT WITH THE PROPOSED PROJECT; OR RECEIVING A MINIMUM
SCORE, ABOVE THE CUTOFF, IN AN ANALYSIS OF THE NATURAL  RESOURCE  VALUES
OF THE LAND, USING THE APPROPRIATE RATING SYSTEM AS DEFINED IN THE STATE
LAND  ACQUISITION PLAN, PURSUANT TO SECTION 49-0207 OF THE ENVIRONMENTAL
CONSERVATION LAW AND APPROVED BY THE COMMISSIONER OF THE  DEPARTMENT  OF
ENVIRONMENTAL  CONSERVATION.  FURTHER,  NO FINANCIAL ASSISTANCE SHALL BE
USED IN SUPPORT OF A PROJECT UNLESS THE PROJECT IS LOCATED ON  A  BROWN-
FIELD  SITE AS DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVA-
TION LAW; PROVIDED, HOWEVER, THAT IF THE AGENCY DEMONSTRATES THAT  THERE
IS  NO  VIABLE  ALTERNATIVE  AREA  OR  AREAS FOR SUCH PROJECT, FINANCIAL
ASSISTANCE MAY BE PROVIDED.
  S 15. Subdivision 4 of section 874 of the general  municipal  law,  as
amended  by  chapter  357 of the laws of 1993, paragraphs (b) and (c) as
amended by chapter 444 of the laws  of  1997,  is  amended  to  read  as
follows:
  (4)  (a)  The agency shall establish a uniform [tax exemption] PAYMENT
IN LIEU OF TAX (PILOT) AGREEMENT policy, with input  from  affected  tax
jurisdictions,  which  shall be applicable to the provision of financial
assistance pursuant to section eight hundred fifty-nine-a of this [chap-
ter] TITLE and shall provide guidelines for the claiming of real proper-
ty, mortgage recording, and sales tax exemptions.  Such guidelines shall
include, but not be limited to: period of exemption; PAYMENTS IN LIEU OF
TAXES, AS A percentage of [exemption] TAXES THAT WOULD HAVE BEEN  LEVIED
BY OR ON BEHALF OF AFFECTED TAX JURISDICTIONS IF THE PROJECT WAS NOT TAX
EXEMPT  BY  REASON  OF  AGENCY  INVOLVEMENT; types of projects for which
exemptions can be claimed; procedures for payments in lieu of taxes  and
instances  in  which  real  property appraisals are to be performed as a
part of an application for tax exemption; in addition, agencies shall in
adopting such policy consider such issues as:  the  extent  to  which  a
project  will create or retain permanent, private sector jobs; THE WAGES
AND BENEFITS TO BE PAID; the estimated value of any tax exemptions to be
provided; whether affected tax jurisdictions shall be reimbursed by  the
project occupant if a project does not fulfill the purposes for which an
exemption was provided; the impact of a proposed project on existing and
proposed  businesses  and economic development projects in the vicinity;
the amount of private sector investment generated or likely to be gener-
ated by the proposed project; the demonstrated public  support  for  the
proposed  project;  the likelihood of accomplishing the proposed project
in a timely fashion; the effect of the proposed project upon  the  envi-
ronment;  the  extent  to  which  the  proposed project will require the
provision of additional services, including, but not  limited  to  addi-
tional  educational,  transportation,  police, emergency medical or fire
services; and the extent to which  the  proposed  project  will  provide
additional sources of revenue for municipalities and school districts.
  (b)  [The  uniform  tax  exemption policy established pursuant to this
section shall be reviewed and readopted by the agency on or before April

A. 3659                            22

first, nineteen hundred ninety-nine following a public  hearing.  Notice
of  this  hearing  shall be given to the chief executive officer of each
affected tax jurisdictions at least sixty days before the hearing. Prior
to  the  hearing the agency shall review, and respond to any correspond-
ence received from any affected tax jurisdiction. The agency shall allow
any representative of an affected tax jurisdiction to address the agency
at the hearing. The agency shall develop and  submit  a  report  to  the
affected tax jurisdictions sixty days prior to the hearing which details
the  projects  which  the agency has assisted in the previous five years
and shall include information specific to  each  project  including  the
period  of  exemption;  the type of project; the estimated percentage of
exemption by year; the estimated value of any other assistance  provided
by  the  agency;  whether commitments for payments in lieu of taxes were
made and met, the estimated value of such payments by year and  affected
tax  jurisdiction;  the  estimated  amount  of private sector investment
generated by the project; and the extent to which the project created or
retained permanent, private sector jobs.] THE UNIFORM PAYMENT IN LIEU OF
TAX (PILOT) AGREEMENT POLICY ESTABLISHED PURSUANT TO THIS SECTION  SHALL
BE  REVIEWED  AND  READOPTED BY THE AGENCY ON OR BEFORE APRIL FIRST, TWO
THOUSAND TEN AND EACH YEAR THEREAFTER FOLLOWING A PUBLIC HEARING. NOTICE
OF THIS HEARING SHALL BE GIVEN TO THE CHIEF EXECUTIVE  OFFICER  AND  THE
MEMBERS OF THE GOVERNING BODY OF EACH AFFECTED TAX JURISDICTION AT LEAST
SIXTY  DAYS  BEFORE  THE  HEARING. PRIOR TO THE HEARING THE AGENCY SHALL
REVIEW, AND RESPOND TO ANY CORRESPONDENCE RECEIVED FROM ANY AFFECTED TAX
JURISDICTION. THE AGENCY SHALL ALLOW ANY REPRESENTATIVE OF  AN  AFFECTED
TAX  JURISDICTION TO ADDRESS THE AGENCY AT THE HEARING. THE AGENCY SHALL
DEVELOP AND SUBMIT A REPORT TO THE AFFECTED TAX JURISDICTIONS SIXTY DAYS
PRIOR TO THE HEARING WHICH DETAILS THE PROJECTS  WHICH  THE  AGENCY  HAS
ASSISTED  IN  THE  PREVIOUS  FIVE  YEARS  AND  SHALL INCLUDE INFORMATION
SPECIFIC TO EACH PROJECT INCLUDING THE PERIOD OF EXEMPTION; THE TYPE  OF
PROJECT;  THE  ESTIMATED  PERCENTAGE OF EXEMPTION BY YEAR; THE ESTIMATED
VALUE OF ANY OTHER ASSISTANCE PROVIDED BY THE  AGENCY;  WHETHER  COMMIT-
MENTS  FOR  PAYMENTS  IN  LIEU OF TAXES WERE MADE AND MET, THE ESTIMATED
VALUE OF SUCH PAYMENTS BY YEAR AND AFFECTED TAX JURISDICTION; THE  ESTI-
MATED  AMOUNT OF PRIVATE SECTOR INVESTMENT GENERATED BY THE PROJECT; THE
EXTENT TO WHICH THE  PROJECT  CREATED  OR  RETAINED  PERMANENT,  PRIVATE
SECTOR  JOBS;  AND  THE  WAGES  AND  BENEFITS  PAID. THE ADOPTED UNIFORM
PAYMENT IN LIEU OF TAX (PILOT) POLICY SHALL BE SENT TO THE CHIEF  EXECU-
TIVE  OFFICER AND THE MEMBERS OF THE GOVERNING BODY OF EACH AFFECTED TAX
JURISDICTION AND SHALL BE MADE AVAILABLE TO  PUBLIC  INSPECTION  AT  THE
AGENCY'S  OFFICE  AND  ON THE AGENCY'S WEBSITE IMMEDIATELY FOLLOWING ITS
ADOPTION.
  (c) The agency shall establish a  procedure  for  deviation  from  the
uniform  [tax exemption] PAYMENT IN LIEU OF TAX (PILOT) AGREEMENT policy
required pursuant to this subdivision. The agency  shall  set  forth  in
writing  the  reasons  for deviation from such policy, and shall further
notify the affected local taxing jurisdictions of the proposed deviation
from such policy  and  the  reasons  therefor  AND  OBTAIN  THE  WRITTEN
APPROVAL OF EACH AFFECTED TAX JURISDICTION.
  Such  notice  to  the affected tax jurisdictions shall be given to the
chief executive officer AND THE MEMBERS OF THE GOVERNING  BODY  of  each
affected  tax  jurisdiction at least thirty days prior to the meeting of
the agency at which the agency shall consider whether  to  approve  such
proposed  deviation.  Prior  to taking final action at said meeting, the
agency shall review and respond to any correspondence received from  any
affected  tax jurisdiction regarding such proposed deviation. The agency

A. 3659                            23

shall allow any representative of an affected tax  jurisdiction  present
at such meeting to address the agency regarding such proposed deviation.
THE  ADOPTED  DEVIATION  TO THE UNIFORM PAYMENT IN  LIEU OF TAX  (PILOT)
POLICY SHALL BE SENT TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX
JURISDICTION AND BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE AGENCY'S
OFFICE AND ON ITS WEBSITE IMMEDIATELY FOLLOWING ITS ADOPTION.
  S  16.  Section  882 of the general municipal law, as added by chapter
1030 of the laws of 1969, is amended to read as follows:
  S 882. Termination  of  the  agency.  WHENEVER  ONE  HUNDRED  THOUSAND
DOLLARS  OR  LESS  OF  AGENCY BONDS OR NOTES ARE OUTSTANDING, THE AGENCY
SHALL ONLY EXIST TO PAY THE DEBT SERVICE ON  ANY  OUTSTANDING  BONDS  OR
NOTES.  Whenever  all  of  the bonds or notes issued by the agency shall
have been redeemed or cancelled, 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.
  S  17.  Section 886 of the general municipal law is renumbered section
887 and a new section 886 is added to read as follows:
  S 886. DISSOLUTION AND MERGER OF AGENCIES. 1. ANY INDUSTRIAL  DEVELOP-
MENT AGENCY ESTABLISHED FOR THE BENEFIT OF A TOWN, VILLAGE OR CITY WITH-
IN  A  COUNTY  MAY DISSOLVE AND SIMULTANEOUSLY MERGE WITH THE INDUSTRIAL
DEVELOPMENT AGENCY ESTABLISHED FOR THE BENEFIT OF THE  COUNTY  IN  WHICH
THE  AGENCY  ESTABLISHED FOR THE BENEFIT OF THE TOWN, VILLAGE OR CITY IS
LOCATED, IF SUCH COUNTY AGENCY HAS  BEEN  ESTABLISHED,  SUBJECT  TO  THE
PROVISIONS  OF  THIS SECTION. UPON THE EFFECTIVE DATE OF THE DISSOLUTION
AND MERGER, THE  TOWN,  VILLAGE  OR  CITY  AGENCY,  NOTWITHSTANDING  THE
PROVISIONS  OF PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION EIGHT HUNDRED
FIFTY-SIX AND SECTION EIGHT HUNDRED  EIGHTY-TWO  OF  THIS  TITLE,  SHALL
CEASE  TO  EXIST  AND ALL THE RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND
LIABILITIES OF SUCH AGENCIES, INCLUDING BUT NOT LIMITED  TO  THE  RIGHTS
AND  OBLIGATIONS  UNDER  ANY  BOND,  NOTE,  CONTRACT OR OTHER AGREEMENT,
EXPRESS OR IMPLIED, SHALL DEVOLVE TO, BE VESTED IN AND POSSESSED BY  THE
COUNTY  AGENCY,  WHICH SHALL IN ALL RESPECTS AND FOR ALL PURPOSES BE THE
SUCCESSOR IN INTEREST TO SUCH TOWN, VILLAGE OR CITY AGENCY.
  2. THE GOVERNING BODY OF THE TOWN, VILLAGE OR CITY FOR  WHOSE  BENEFIT
THE  AGENCY  THAT  IS PROPOSING TO DISSOLVE AND MERGE IS ESTABLISHED, IN
CONSULTATION WITH (A) THE MEMBERS OF THE  AGENCY,  (B)  MEMBERS  OF  THE
AGENCY  ESTABLISHED  FOR  THE  BENEFIT  OF THE COUNTY, AND (C) THE CHIEF
EXECUTIVE OF THE COUNTY, SHALL ADOPT A PLAN SETTING FORTH, AT A MINIMUM:
  (I) THE NAME AND DATE OF ESTABLISHMENT OF THE AGENCY OR AGENCIES TO BE
DISSOLVED;
  (II) THE NAMES OF THE MEMBERS OF SUCH AGENCY, SPECIFYING THE  IDENTITY
OF THE CHAIRPERSON;
  (III)  THE UNDERLYING PURPOSE OF THE DISSOLUTION AND MERGER, INCLUDING
ECONOMIES AND EFFICIENCIES THAT ARE PROJECTED AS A RESULT THEREOF;
  (IV) A STATEMENT, CONTAINING BOTH CURRENT INFORMATION AND  INFORMATION
PROJECTED TO THE PROPOSED DATE OF THE DISSOLUTION AND MERGER, OF (1) THE
OUTSTANDING  BONDS,  NOTES AND ANY OTHER OBLIGATIONS OR LIABILITIES, (2)
ACTUAL AND ACCRUED  REVENUES,  (3)  EACH  PROJECT  FOR  WHICH  FINANCIAL
ASSISTANCE  HAS BEEN PROVIDED, THE TYPE OF FINANCIAL ASSISTANCE PROVIDED
AND THE STATUS OF THE PROJECT, AND (4) THE GENERAL TERMS AND  CONDITIONS
OF EACH CONTRACT, INCLUDING PAYMENT IN LIEU OF TAX AGREEMENTS;
  (V)  THE  TERMS  AND CONDITIONS OF THE PROPOSED DISSOLUTION AND MERGER
INCLUDING A STATEMENT ACKNOWLEDGING THAT THE COUNTY AGENCY  SHALL,  UPON
THE  EFFECTIVE  DATE  OF  THE DISSOLUTION AND MERGER, SUCCEED TO ALL THE
RIGHTS, TITLES, INTERESTS, OBLIGATIONS AND LIABILITIES, INCLUDING BONDS,

A. 3659                            24

NOTES AND OTHER OBLIGATIONS AND CONTRACTUAL RIGHTS AND  OBLIGATIONS,  OF
THE DISSOLVED AND MERGED TOWN, VILLAGE OR CITY AGENCIES;
  (VI)  A  STATEMENT  OF ANY AMENDMENTS OR CHANGES TO THE CERTIFICATE OF
THE COUNTY AGENCY FILED IN THE OFFICE OF THE SECRETARY OF STATE NECESSI-
TATED BY THE MERGER; AND
  (VII) A STATEMENT THAT THE  PLAN  OF  MERGER  HAS  BEEN  REVIEWED  AND
APPROVED BY COUNSEL FOR THE TOWN, VILLAGE OR CITY AGENCY AND COUNSEL FOR
THE  COUNTY  AGENCY,  INDICATING  THAT  EACH  COUNSEL HAS CONSIDERED THE
IMPACT, IF ANY, OF THE DISSOLUTION AND MERGER ON: (1) THE RIGHTS OF  ANY
EMPLOYEES  OF  THE MERGING AGENCIES; AND (2) THE RECIPIENTS OF FINANCIAL
ASSISTANCE FROM THE AGENCIES.
  3. NO LATER THAN JULY FIRST, TWO THOUSAND NINE,  THE  COMMISSIONER  OF
THE  DEPARTMENT OF ECONOMIC DEVELOPMENT SHALL UNDERTAKE A STUDY TO IDEN-
TIFY THOSE TOWN, VILLAGE OR CITY AGENCIES THAT,  AS  DETERMINED  BY  THE
COMMISSIONER,  HAVE NOT UNDERTAKEN SIGNIFICANT ACTIVITY WITHIN THE PRIOR
FIVE YEARS AND, IF DEEMED APPROPRIATE BY THE COMMISSIONER,  THE  COMMIS-
SIONER  SHALL RECOMMEND THAT THOSE AGENCIES BE DISSOLVED AND MERGED INTO
THE COUNTY AGENCY. THE COMMISSIONER'S  FINDINGS  SHALL  BE  REPORTED  NO
LATER  THAN  DECEMBER  THIRTY-FIRST, TWO THOUSAND TEN, TO THE SPEAKER OF
THE ASSEMBLY, THE TEMPORARY PRESIDENT OF THE  SENATE,  THE  STATE  COMP-
TROLLER, THE GOVERNOR AND TO EACH AGENCY IDENTIFIED IN THE REPORT.
  S 18. The general municipal law is amended by adding a new section 889
to read as follows:
  S 889. ADDITIONAL POWERS.  NOTHING IN THIS TITLE SHALL LIMIT A GOVERN-
ING BODY FROM ENACTING LAWS OR OTHERWISE EXERCISING ITS AUTHORITY RELAT-
ING  TO A PROJECT OR ANY OTHER PROVISION OF THIS ARTICLE TO ADD REQUIRE-
MENTS THAT ARE NOT LESS THAN  THE  WAGE,  REPORTING,  DEFAULT  OR  OTHER
REQUIREMENTS OF THIS TITLE.
  S  19.  The  general  municipal law is amended by adding a new section
889-a to read as follows:
  S  889-A.  BROWNFIELD  REDEVELOPMENT  INCENTIVE.  APPLICANTS   SEEKING
APPROVAL  FOR  PROJECTS  LOCATED  ON  A BROWNFIELD SHALL BE ELIGIBLE FOR
EXISTING LOW COST POWER ALLOCATION AVAILABLE FROM THE POWER AUTHORITY OF
THE STATE OF NEW YORK. IN ADDITION, SUCH PROJECTS WILL NOT BE SUBJECT TO
THE BOND ISSUANCE CHARGE LEVIED PURSUANT TO SECTION TWENTY-NINE  HUNDRED
SEVENTY-SIX OF THE PUBLIC AUTHORITIES LAW.
  THE  PROVISIONS  OF  THIS  SECTION  SHALL  ONLY APPLY TO REAL PROPERTY
SUBJECT TO THE BROWNFIELD SITE CLEAN-UP  AGREEMENT  ENTERED  INTO  BY  A
VOLUNTEER  PURSUANT TO SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION
LAW.   FAILURE  OF  ANY  REAL  PROPERTY  TO  RECEIVE  A  CERTIFICATE  OF
COMPLETION  PURSUANT TO SECTION 27-1419 OF SUCH LAW SHALL BE GROUNDS FOR
REVOCATION OF THE BENEFITS PROVIDED BY THIS SECTION.
  S 20. Sections twenty-one through twenty-five of  this  act  shall  be
called  the  Erie  County  agency  pilot  program.  Whereas  Erie County
contains six industrial development agencies that  have  demonstrated  a
recognition  of  the disadvantages of intermunicipal competition and the
need for a regional approach to economic planning, the legislature here-
by designates Erie County as the pilot county for the sub-county  agency
consolidation program.
  S 21. The first undesignated paragraph of section 898-a of the general
municipal  law  is  designated  subdivision 1 and a new subdivision 2 is
added to read as follows:
  2. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AGENCY,  NOTWITH-
STANDING  THE POWERS CONFERRED IN SUBDIVISION ONE OF THIS SECTION, SHALL
ONLY EXIST TO PAY THE DEBT SERVICE ON ANY OUTSTANDING BONDS OR NOTES. AT

A. 3659                            25

THE TIME THE DEBT SERVICE ON THE OUTSTANDING BONDS AND  NOTES  IS  FULLY
PAID, THE AGENCY SHALL BE DEEMED TERMINATED.
  S 22. The first undesignated paragraph of section 901-a of the general
municipal  law  is  designated  subdivision 1 and a new subdivision 2 is
added to read as follows:
  2. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AGENCY,  NOTWITH-
STANDING  THE POWERS CONFERRED IN SUBDIVISION ONE OF THIS SECTION, SHALL
ONLY EXIST TO PAY THE DEBT SERVICE ON ANY OUTSTANDING  BONDS  OR  NOTES.
AT THE TIME THE DEBT SERVICE ON THE OUTSTANDING BONDS AND NOTES IS FULLY
PAID, THE AGENCY SHALL BE DEEMED TERMINATED.
  S 23. The first undesignated paragraph of section 914-a of the general
municipal  law,  as  added by chapter 579 of the laws of 1973, is desig-
nated subdivision 1 and a new subdivision 2 is added to read as follows:
  2. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AGENCY,  NOTWITH-
STANDING  THE POWERS CONFERRED IN SUBDIVISION ONE OF THIS SECTION, SHALL
ONLY EXIST TO PAY THE DEBT SERVICE ON ANY OUTSTANDING  BONDS  OR  NOTES.
AT THE TIME THE DEBT SERVICE ON THE OUTSTANDING BONDS AND NOTES IS FULLY
PAID, THE AGENCY SHALL BE DEEMED TERMINATED.
  S  24. Section 925-t of the general municipal law is amended by adding
a new subdivision 3 to read as follows:
  3. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AGENCY,  NOTWITH-
STANDING  THE POWERS CONFERRED IN SUBDIVISION ONE OF THIS SECTION, SHALL
ONLY EXIST TO PAY THE DEBT SERVICE ON ANY OUTSTANDING BONDS OR NOTES. AT
THE TIME THE DEBT SERVICE ON THE OUTSTANDING BONDS AND  NOTES  IS  FULLY
PAID, THE AGENCY SHALL BE DEEMED TERMINATED.
  S  25. Section 925-v of the general municipal law is amended by adding
a new subdivision 3 to read as follows:
  3. AS OF THE EFFECTIVE DATE OF THIS SUBDIVISION, THE AGENCY,  NOTWITH-
STANDING  THE POWERS CONFERRED IN SUBDIVISION ONE OF THIS SECTION, SHALL
ONLY EXIST TO PAY THE DEBT SERVICE ON ANY OUTSTANDING BONDS OR NOTES. AT
THE TIME THE DEBT SERVICE ON THE OUTSTANDING BONDS AND  NOTES  IS  FULLY
PAID, THE AGENCY SHALL BE DEEMED TERMINATED.
  S 26. Section 100 of the economic development law is amended by adding
a new subdivision 25-a to read as follows:
  25-A.  TO  DETERMINE APPEALS FROM THE DECISIONS OF INDUSTRIAL DEVELOP-
MENT AGENCIES AND TO CARRY OUT SUCH OTHER DUTIES AS REQUIRED UNDER ARTI-
CLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW.
  S 27. The opening paragraph of  paragraph  3  of  subdivision  (h)  of
section  183 of the economic development law, as added by chapter 313 of
the laws of 2005, is amended to read as follows:
  Each application for an energy cost savings benefit shall be evaluated
under criteria adopted by the  board  in  consultation  with  the  power
authority  of the state of New York, which criteria shall be designed to
promote economic development, maintain and develop jobs, [and] encourage
new capital investment, AND PROMOTE BROWNFIELD CLEAN-UP  AND  REDEVELOP-
MENT  throughout  the state of New York. Such criteria shall address but
need not be limited to:
  S 27-a. Subdivision 2 of section 220 of the labor law, as  amended  by
chapter 678 of the laws of 2007, is amended to read as follows:
  2.  Each  contract,  LEASE,  GRANT,  BOND, COVENANT, DEBT AGREEMENT OR
PERMIT to which the state or a public benefit corporation or a municipal
corporation or a commission  appointed  pursuant  to  law  is  a  party,
INCLUDING  ALL  PROJECTS  INVOLVING THE CONSTRUCTION, DEMOLITION, RECON-
STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR  ALTERATION
OF  A  BUILDING,  CHARTER SCHOOL OR IMPROVEMENT TO PROPERTY FINANCED, IN
WHOLE OR IN PART, THROUGH AN  INDUSTRIAL  DEVELOPMENT  AGENCY,  and  any

A. 3659                            26

contract  for  public work entered into by a third party acting in place
of, on behalf of and for the benefit of such public entity  pursuant  to
any  lease,  permit  or other agreement between such third party and the
public entity, and which may involve the employment of laborers, workers
or  mechanics  shall  contain  a  stipulation that no laborer, worker or
mechanic in the employ of the contractor, subcontractor or other  person
doing  or contracting to do the whole or a part of the work contemplated
by the contract shall be permitted or required to work more  than  eight
hours  in  any  one  calendar day or more than five days in any one week
except in cases of extraordinary  emergency  including  fire,  flood  or
danger  to  life  or  property. No such person shall be so employed more
than eight hours in any day or more than  five  days  in  any  one  week
except  in such emergency. Extraordinary emergency within the meaning of
this section shall be deemed to include situations in  which  sufficient
laborers,  workers  and  mechanics cannot be employed to carry on public
work expeditiously as a result of such restrictions upon the  number  of
hours and days of labor and the immediate commencement or prosecution or
completion  without  undue  delay of the public work is necessary in the
judgment of the commissioner for the preservation of the  contract  site
and  for  the  protection  of the life and limb of the persons using the
same. Upon the application of any person  interested,  the  commissioner
shall make a determination as to whether or not on any public project or
on  all  public projects in any area of this state, sufficient laborers,
workers and mechanics of any or all classifications can be  employed  to
carry  on work expeditiously if their labor is restricted to eight hours
per day and five days per week, and in the event that  the  commissioner
determines that there are not sufficient workers, laborers and mechanics
of  any  or  all  classifications which may be employed to carry on such
work expeditiously if their labor is restricted to eight hours  per  day
and five days per week, and the immediate commencement or prosecution or
completion  without  undue  delay of the public work is necessary in the
judgment of the commissioner for the preservation of the  contract  site
and  for  the  protection  of the life and limb of the persons using the
same, the commissioner shall grant a dispensation permitting all  labor-
ers,  workers  and  mechanics,  or  any classification of such laborers,
workers and mechanics, to work such additional hours or days per week on
such public project or in such areas the commissioner  shall  determine.
Whenever  such  a  dispensation  is granted, all work in excess of eight
hours per day and five days per week shall be considered overtime  work,
and  the  laborers,  workers and mechanics performing such work shall be
paid a premium wage commensurate with the premium  wages  prevailing  in
the  area  in which the work is performed. No such dispensation shall be
effective with respect to any public work unless and until  the  depart-
ment  of  jurisdiction,  as  defined  in  this section, certifies to the
commissioner that such public work is of an important nature and that  a
delay  in carrying it to completion would result in serious disadvantage
to the public. Time lost in any week because  of  inclement  weather  by
employees engaged in the construction, reconstruction and maintenance of
highways  outside  of  the  limits of cities and villages may be made up
during that week and/or the succeeding three weeks.
  S 28. Subdivision 2 of section 220 of the labor  law,  as  amended  by
chapter 851 of the laws of 1947, is amended to read as follows:
  2.  Each  contract,  LEASE,  GRANT,  BOND, COVENANT, DEBT AGREEMENT OR
PERMIT to which the state or a public benefit corporation or a municipal
corporation or a commission  appointed  pursuant  to  law  is  a  party,
INCLUDING  ALL  PROJECTS  INVOLVING THE CONSTRUCTION, DEMOLITION, RECON-

A. 3659                            27

STRUCTION, EXCAVATION, REHABILITATION, REPAIR, RENOVATION OR  ALTERATION
OF  A  BUILDING,  CHARTER SCHOOL OR IMPROVEMENT TO PROPERTY FINANCED, IN
WHOLE OR IN PART, THROUGH AN INDUSTRIAL DEVELOPMENT  AGENCY,  and  which
may  involve  the  employment  of  laborers,  workmen or mechanics shall
contain a stipulation that no laborer, workman or mechanic in the employ
of the contractor, sub-contractor or other person doing  or  contracting
to do the whole or a part of the work contemplated by the contract shall
be permitted or required to work more than eight hours in any one calen-
dar  day  or  more  than  five  days  in any one week except in cases of
extraordinary emergency including fire, flood or danger to life or prop-
erty. No such person shall be so employed more than eight hours  in  any
day  or  more  than  five days in any one week except in such emergency.
Extraordinary emergency within the meaning  of  this  section  shall  be
deemed  to  include situations in which sufficient laborers, workmen and
mechanics cannot be employed to carry on public work expeditiously as  a
result  of  such restrictions upon the number of hours and days of labor
and the immediate commencement  or  prosecution  or  completion  without
undue  delay  of  the  public  work  is necessary in the judgment of the
[industrial] commissioner for the preservation of the contract site  and
for  the  protection of the life and limb of the persons using the same.
Upon the application of any person interested, the [industrial]  commis-
sioner  shall  make  a  determination as to whether or not on any public
project or on all public projects in any area of this state,  sufficient
laborers,  workmen  and  mechanics  of any or all classifications can be
employed to carry on work expeditiously if their labor is restricted  to
eight  hours  per  day and five days per week, and in the event that the
[industrial] commissioner determines that there are not sufficient work-
men, laborers and mechanics of any or all classifications which  may  be
employed  to  carry  on  such  work  expeditiously  if  their  labor  is
restricted to eight hours per day and five days per week, and the  imme-
diate  commencement  or prosecution or completion without undue delay of
the public work is necessary in the judgment of the [industrial] commis-
sioner for the preservation of the contract site and for the  protection
of  the  life  and  limb of the persons using the same, the [industrial]
commissioner shall grant a dispensation permitting all laborers, workmen
and mechanics, or any  classification  of  such  laborers,  workmen  and
mechanics, to work such additional hours or days per week on such public
project  or in such areas the [industrial] commissioner shall determine.
Whenever such a dispensation is granted, all work  in  excess  of  eight
hours  per day and five days per week shall be considered overtime work,
and the laborers, workmen and mechanics performing such  work  shall  be
paid  a  premium  wage commensurate with the premium wages prevailing in
the area in which the work is performed. No such dispensation  shall  be
effective  with  respect to any public work unless and until the depart-
ment of jurisdiction, as defined  in  this  section,  certifies  to  the
[industrial]  commissioner  that  such  public  work  is of an important
nature and that a delay in carrying it to  completion  would  result  in
serious  disadvantage  to  the  public. Time lost in any week because of
inclement weather by  employees  engaged  in  the  construction,  recon-
struction  and  maintenance  of highways outside of the limits of cities
and villages may be made up during that week and/or the succeeding three
weeks.
  S 29. Section 1963-a of the public  authorities  law,  as  amended  by
chapter 357 of the laws of 1993, is amended to read as follows:
  S  1963-a. Uniform tax exemption policy. 1. The authority shall estab-
lish a uniform tax exemption policy,  with  input  from  affected  local

A. 3659                            28

taxing  jurisdictions, which shall be applicable to provisions of finan-
cial assistance pursuant to section nineteen  hundred  fifty-three-a  of
this  [chapter]  TITLE  and shall provide guidelines for the claiming of
real property, mortgage recording, and sales tax exemptions. Such guide-
lines  shall  include,  but  not  be  limited  to:  period of exemption;
PAYMENTS IN LIEU OF TAXES, AS A percentage  of  [exemption]  TAXES  THAT
WOULD  HAVE BEEN LEVIED BY OR ON BEHALF OF AFFECTED TAX JURISDICTIONS IF
THE PROJECT WAS NOT TAX EXEMPT BY REASON OF AGENCY INVOLVEMENT; types of
projects for which exemptions can be claimed; procedures for payments in
lieu of taxes and instances in which real property appraisals are to  be
performed  as  a  part of an application for tax exemption; in addition,
the authority in adopting such policy shall consider such issues as: the
extent to which a project  will  create  or  retain  permanent,  private
sector  jobs;  THE WAGES AND BENEFITS TO BE PAID; the estimated value of
any tax exemption to be provided;  whether  affected  tax  jurisdictions
should  be  reimbursed  by  the  project  occupant if a project does not
fulfill the purposes for which an exemption was provided; the impact  of
a  proposed  project  on  existing  and proposed businesses and economic
development projects in the  vicinity;  the  amount  of  private  sector
investment  generated or likely to be generated by the proposed project;
the demonstrated public support for the proposed project; the likelihood
of accomplishing the proposed project in a timely fashion; the effect of
the proposed project upon the  environment;  the  extent  to  which  the
proposed  project  will  require  the  provision of additional services,
including, but not limited to  additional  educational,  transportation,
police,  emergency medical or fire services; and the extent to which the
proposed project will provide additional sources or revenue for  munici-
palities  and  school districts.  THE ADOPTED UNIFORM PAYMENT IN LIEU OF
TAX (PILOT) AGREEMENT POLICY SHALL BE SENT TO THE CHIEF EXECUTIVE  OFFI-
CER  OF  EACH AFFECTED TAX JURISDICTION AND BE MADE AVAILABLE FOR PUBLIC
INSPECTION AT THE AGENCY'S OFFICE AND ON ITS WEBSITE IMMEDIATELY FOLLOW-
ING ITS ADOPTION.
  2. The authority shall establish a procedure for  deviation  from  the
uniform  tax  exemption  policy  required  pursuant to this section. The
authority shall set forth in writing the reasons for deviation from such
policy, and shall further notify the affected tax jurisdictions  of  the
proposed  deviation  from  such  policy  and the reasons therefor.   THE
ADOPTED DEVIATION TO THE UNIFORM PAYMENT IN LIEU OF TAX  (PILOT)  AGREE-
MENT  POLICY  SHALL  BE  SENT  TO  THE  CHIEF  EXECUTIVE OFFICER OF EACH
AFFECTED TAX JURISDICTION AND BE MADE AVAILABLE FOR PUBLIC INSPECTION AT
THE AGENCY'S  OFFICE  AND  ON  ITS  WEBSITE  IMMEDIATELY  FOLLOWING  ITS
ADOPTION.
  S  30. Section 2315 of the public authorities law, as amended by chap-
ter 357 of the laws of 1993, is amended to read as follows:
  S 2315. Uniform [tax exemption] PAYMENT IN LIEU OF TAX (PILOT)  AGREE-
MENT  policy. 1. The authority shall establish a uniform [tax exemption]
PAYMENT IN LIEU  OF  TAX  (PILOT)  AGREEMENT  policy,  with  input  from
affected  local  taxing  jurisdictions,  which  shall  be  applicable to
provisions of financial  assistance  pursuant  to  section  twenty-three
hundred  seven  of this [chapter] TITLE and shall provide guidelines for
the claiming  of  real  property,  mortgage  recording,  and  sales  tax
exemptions. Such guidelines shall include, but not be limited to: period
of  exemption; PAYMENTS IN LIEU OF TAXES, AS A percentage of [exemption]
TAXES THAT WOULD HAVE BEEN LEVIED BY OR ON BEHALF OF AFFECTED TAX JURIS-
DICTIONS IF THE PROJECT WAS NOT TAX EXEMPT BY REASON OF AGENCY  INVOLVE-
MENT;  types of projects for which exemptions may be claimed; procedures

A. 3659                            29

for payments in lieu of taxes  and  instances  in  which  real  property
appraisals  are  to  be  performed  as  a part of an application for tax
exemption; in addition, the authority  in  adopting  such  policy  shall
consider  such  issues  as: the extent to which a project will create or
retain permanent, private sector jobs; THE  WAGES  AND  BENEFITS  TO  BE
PAID;  the  estimated value of any tax exemption to be provided; whether
affected tax jurisdictions should be reimbursed by the project  occupant
if  a  project  does not fulfill the purposes for which an exemption was
provided; the impact of a proposed  project  on  existing  and  proposed
businesses and economic development projects in the vicinity; the amount
of  private sector investment generated or likely to be generated by the
proposed project; the  demonstrated  public  support  for  the  proposed
project; the likelihood of accomplishing the proposed project in a time-
ly fashion; the effect of the proposed project upon the environment; the
extent to which the proposed project will require the provision of addi-
tional  services,  including, but not limited to additional educational,
transportation, police, emergency medical  or  fire  services;  and  the
[extend]  EXTENT  to  which the proposed project will provide additional
sources of revenue for municipalities and school districts.  THE ADOPTED
UNIFORM PAYMENT IN LIEU OF TAX (PILOT) AGREEMENT POLICY SHALL BE SENT TO
THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED  TAX  JURISDICTION  AND  BE
MADE  AVAILABLE  FOR PUBLIC INSPECTION AT THE AGENCY'S OFFICE AND ON ITS
WEBSITE IMMEDIATELY FOLLOWING ITS ADOPTION.
  2. The authority shall establish a procedure for  deviation  from  the
uniform  [tax exemption] PAYMENT IN LIEU OF TAX (PILOT) AGREEMENT policy
required pursuant to this section. The  authority  shall  set  forth  in
writing  the  reasons  for deviation from such policy, and shall further
notify the affected local taxing jurisdictions of the proposed deviation
from such policy and the reasons therefor.  THE ADOPTED DEVIATION TO THE
UNIFORM PAYMENT IN LIEU OF TAX (PILOT) AGREEMENT POLICY SHALL BE SENT TO
THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED  TAX  JURISDICTION  AND  BE
MADE  AVAILABLE  FOR PUBLIC INSPECTION AT THE AGENCY'S OFFICE AND ON ITS
WEBSITE IMMEDIATELY FOLLOWING ITS ADOPTION.
  S 31. Federal preemption and  severability.  The  provisions  of  each
section  of this act shall be deemed severable, and the declaration by a
court of competent jurisdiction that any part thereof  is  preempted  or
otherwise invalid shall not affect the remaining parts thereof.
  S  32.  Subdivision  3 of section 8 of chapter 444 of the laws of 1997
amending the general municipal law and other laws relating  to  the  tax
exemption status of industrial development agencies, as amended by chap-
ter 381 of the laws of 2007, is amended to read as follows:
  3.  [sections  one through three] SECTION TWO of this act shall expire
and be deemed repealed on and after January 31, 2008; and
  S 33. Section 5 of chapter 905 of the laws of 1986 amending the gener-
al municipal law relating to authorizing financing assistance for  civic
facilities by industrial development agencies, as amended by chapter 381
of the laws of 2007, is amended to read as follows:
  S  5. This act shall take effect immediately [and shall remain in full
force and effect until the end of calendar day January  31,  2008,  when
upon such date (i) the provisions of subdivision 4 of section 854 of the
general  municipal  law,  as  amended  by section one of this act, shall
revert to and be read as set out in law on the date immediately  preced-
ing  the effective date of this act, and (ii) the provisions of sections
two and three of this act shall be deemed repealed].
  S 34. Notwithstanding the provisions  of  article  5  of  the  general
construction  law,  the  provisions  of subdivisions 4 and 13 of section

A. 3659                            30

854, paragraphs (b) and (c) of subdivision 4 of section 874, subdivision
3 of section 859-a, and subdivision 3 of section 859 and subdivision (c)
of section 917 of the general municipal law are hereby revived and shall
continue  in full force and effect as such provisions existed on January
31, 2008.
  S 35. This act shall take effect on the ninetieth day after  it  shall
have become a law, provided that sections thirty-two and thirty-three of
this  act  shall  take effect immediately and section thirty-two of this
act shall be deemed to have been in full force and effect on  and  after
January  31, 2008 provided further that the amendments to section 183 of
the economic development law made by section twenty-seven  of  this  act
shall  not affect the expiration of such section and shall expire there-
with; provided further that the amendments to subdivision 2  of  section
220 of the labor law made by section twenty-seven-a of this act shall be
subject  to the expiration and reversion of such subdivision pursuant to
section 5 of chapter 678 of the laws of 2007, as amended, when upon such
date the provisions of section  twenty-eight  of  this  act  shall  take
effect.