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

                                  1241

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 28, 2009
                               ___________

Introduced  by Sen. THOMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

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

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

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

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

S. 1241                             2

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
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

S. 1241                             3

  (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
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

S. 1241                             4

[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-
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

S. 1241                             5

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
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;

S. 1241                             6

  (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
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

S. 1241                             7

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
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

S. 1241                             8

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
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:

S. 1241                             9

  [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
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.

S. 1241                            10

  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
  (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;

S. 1241                            11

  (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;
  (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;

S. 1241                            12

  (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
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

S. 1241                            13

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)  "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

S. 1241                            14

  (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)  "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.

S. 1241                            15

  (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.
  (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.

S. 1241                            16

  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
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;

S. 1241                            17

  (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.
  (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.

S. 1241                            18

  (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
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

S. 1241                            19

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;
  (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.

S. 1241                            20

  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
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

S. 1241                            21

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
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

S. 1241                            22

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
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. 1241                            23

  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,
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

S. 1241                            24

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
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.

S. 1241                            25

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
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

S. 1241                            26

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-
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-

S. 1241                            27

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
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

S. 1241                            28

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
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

S. 1241                            29

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
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

S. 1241                            30

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.