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.