senate Bill S6870

2013-2014 Legislative Session

Enacts the "just and open business subsidies act (JOBS act) of 2014"

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  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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May 28, 2014 reported and committed to finance
Mar 24, 2014 referred to corporations, authorities and commissions

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May 28, 2014 - Corporations, Authorities and Commissions committee Vote

S6870
4
0
committee
4
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
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Abstained
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Corporations, Authorities and Commissions Committee Vote: May 28, 2014

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Co-Sponsors

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S6870 - Bill Details

See Assembly Version of this Bill:
A8203A
Current Committee:
Law Section:
Public Authorities Law
Laws Affected:
Amd §§2 & 2800, add Art 9 Title 13 §§2990 - 2998, Pub Auth L
Versions Introduced in 2013-2014 Legislative Session:
A8203

S6870 - Bill Texts

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Enacts the "just and open business subsidies act (JOBS act) of 2014".

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BILL NUMBER:S6870

TITLE OF BILL: An act to amend the public authorities law, in
relation to enacting the "just and open business subsidies act (JOBS
act) of 2014", in relation to the reporting and collection of
information, evaluation criteria, subsidy recapture, and restrictions
on the funding of public financial assistance for private economic
development

PURPOSE OR GENERAL IDEA OF BILL:

regulate the use of subsidies by state and local authorities. Make the
process more transparent and hold accountable those entities which
receive such subsidies.

SUMMARY OF SPECIFIC PROVISIONS:

Section One: Legislative findings

Section Two: Title

Section Three: Definitions

Section Four: Adds sections 2990-2999 to the Public Authorities Law.

§ 2990: Requires all applications to state or local authorities to be
submitted through the consolidated funding application ("CFA"). This
section also outlines the rights and responsibilities of the
authorities as it relates to the CFA.

§ 2991: Requires authorities offering subsidies to enter into a
financial assistance agreement with the recipients of such subsidies.

§ 2992: Requires open meetings and public access to the documents used
to determine whether to offer a subsidy.

§ 2993: Allows for authorities to recapture all or some of the money
given as a subsidy when benchmarks (i.e., job creation, etc.) agreed
to by the recipient fall short of success.

§ 2994: Requires the Department of Taxation and Finance to submit an
annual budget accounting for uncollected tax revenue and an accounting
of certain subsidy recipients.

§ 2995: Restricts the subsidizing of projects that do not meet minimum
standards or violate the requirements discussed in § 2995.

§ 2996: Requires board representatives to meet certain criteria,
including disqualification for appointment to the board if conflicts
of interest or ethical conflicts exist.

§ 2997: Targeted hiring and the percentage of local hires which must
be included in certain instances.

§ 2998: Payment in lieu of taxes restrictions.


Section Five: Amends subdivisions I and 2 of section 2800 of the
Public Authorities Law to require annual reports and accounting of
projects subsidized by the authorities and personal accountings by
members of the local authorities.

Section Six: Effective date.

JUSTIFICATION:

Industrial Development Agencies (IDAs) and other State and local
authorities provide at least seven billion dollars annually in tax
subsidies to select businesses. These tax subsidies too often force
other taxpayers to pay higher property taxes or to suffer reductions
in key services. Further, in the few programs where sufficient data is
available, subsidies have had little or no impact on the economy, job
creation, or the standard of living for workers. Given the desperate
need for job creation in New York, but also taking into account the
potential for waste in this multibillion dollar system, it is
imperative that New York protects its taxpayers by taking stock of
this "back-door spending," and assessing its effectiveness at job
creation and economic development. The poor choices which many IDAs
and other economic development authorities continue to make are, in
part, due to a lack of oversight and accountability. This bill will
provide the necessary oversight to ensure that New York taxpayers get
their money's worth from their substantial investment in economic
development.

PRIOR LEGISLATIVE HISTORY:

New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become a law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date is authorized
to be made and completed on or before such date.

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

                                  6870

                            I N  S E N A T E

                             March 24, 2014
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

AN  ACT to amend the public authorities law, in relation to enacting the
  "just and open business subsidies act (JOBS act) of 2014", in relation
  to the reporting and collection of information,  evaluation  criteria,
  subsidy recapture, and restrictions on the funding of public financial
  assistance for private economic development

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

  Section 1. Legislative findings. The legislature finds that the  state
and local governments of New York play an important role in facilitating
private  economic  development. Public financial assistance for economic
development should prioritize performance, encourage  job  creation  for
all  New  Yorkers, and have money back guarantees. Empire State Develop-
ment (ESD) manages statewide economic development  programs  through  as
many  as  202  subsidiaries, each with its own board and staff. In addi-
tion, there are approximately  20  state  agencies  performing  economic
development  functions.  At  the  local  level, there are 114 Industrial
Development Agencies (IDAs), over 500 local development corporations, 82
Empire Zone Boards, 114 Business Improvement Districts, 49 Urban Renewal
and Community Development Agencies, and 10 Regional Economic Development
Councils, all engaging in economic development activity. These entities,
providing discretionary and as of right financial assistance, spend over
$7 billion in state and local tax revenue and appropriations.
  The legislature further finds that this system of economic development
is balkanized, opaque, often  unaccountable,  and  has  few  performance
criteria  on  which  to  judge success or failure.   This legislation is
intended to improve these important tools for  economic  development  by
streamlining  applications  and  reporting, strengthening accountability
mechanisms, and encouraging quality job creation for all New Yorkers.
  The legislature further finds that the International Economic Develop-
ment Council (IEDC), the nation's largest  professional  association  of
economic  development  officials, released findings from a survey of its

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11682-04-4

S. 6870                             2

4,500 members in February, 2013, in which 98.6 percent said  "incentives
should  be structured in such a way that the community receives a tangi-
ble return on investment (e.g.,  employment,  capital  investment)."  In
addition, "96 percent believe that part or all of the granted incentives
should  be returned if a company does not meet agreed-upon projections."
These findings show that there is significant support, even  within  the
economic development profession, for comprehensive reform.
  The  legislature  further  finds  that  the economic recovery from the
Great Recession has not reached all parts of New York. Unemployment  and
poverty  are significant problems throughout the state. For example, the
most recent census data shows that the Kingston Metropolitan Statistical
Area has an unemployment rate of 10.4% and a poverty rate of 14.7%.
  The Ogdensburg-Massena Micropolitan Statistical Area has an  unemploy-
ment  rate  of 10.8% and a poverty rate of 18.1%, Sullivan County has an
unemployment rate of 12.2% and a poverty rate of 18.5%.  Meanwhile other
regions of New York and its neighboring states of Connecticut, Massachu-
setts, New Jersey, Pennsylvania and Vermont all have lower  poverty  and
unemployment  rates  than  the  aforementioned  regions of New York. The
average unemployment rate of those six states is 9.4%  and  the  average
poverty  rate  is 12.4%. New York has a significant interest in reducing
poverty and unemployment for its residents by ensuring that when  public
money  is  used  to  finance economic development, a portion of the jobs
created are offered to residents of regions with  high  unemployment  or
poverty.
  S  2.  This  act shall be known and may be cited as the "just and open
business subsidies act (JOBS act) of 2014".
  S 3. Section 2 of the public authorities  law  is  amended  by  adding
seven new subdivisions 7, 8, 9, 10, 11, 12 and 13 to read as follows:
  7.  "FINANCIAL  ASSISTANCE" SHALL MEAN:  (A) ANY EXPENDITURE OF PUBLIC
FUNDS FOR THE PURPOSE OF STIMULATING  ECONOMIC  DEVELOPMENT  WITHIN  THE
STATE,  INCLUDING,  BUT  NOT  LIMITED  TO, CASH PAYMENTS OR GRANTS, BOND
FINANCING, TAX ABATEMENTS OR EXEMPTIONS (INCLUDING, BUT NOT LIMITED  TO,
ABATEMENTS  OR  EXEMPTIONS FROM REAL PROPERTY, MORTGAGE RECORDING, SALES
AND USE TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS IN LIEU  OF  TAXES
AND  THE AMOUNT OF REAL PROPERTY OR OTHER TAXES THAT WOULD HAVE BEEN DUE
IF THE PROPERTY WERE  NOT  EXEMPTED  FROM  SUCH  TAXES),  TAX  INCREMENT
FINANCING,  FILING  FEE  WAIVERS,  ENERGY COST REDUCTIONS, ENVIRONMENTAL
REMEDIATION COSTS, WRITE-DOWNS IN THE MARKET VALUE OF BUILDINGS OR LAND,
OR THE COST OF CAPITAL IMPROVEMENTS RELATED TO REAL PROPERTY  FOR  WHICH
THE  STATE  WOULD  NOT  PAY ABSENT THE DEVELOPMENT PROJECT, AND INCLUDES
BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE, AND (B) ALL SUCCESSOR AND
SUBSEQUENT EXPENDITURES OF PUBLIC FUNDS FOR THE PURPOSE  OF  STIMULATING
ECONOMIC  DEVELOPMENT  WITHIN  THE  STATE.  IN  DETERMINING THE VALUE OF
ASSISTANCE PROVIDED, THE FULL VALUE  OF  ALL  CITY,  STATE  AND  FEDERAL
ASSISTANCE RECEIVED IN CONNECTION WITH THE PROJECT SHALL BE INCLUDED.
  8.  "RECIPIENT"  SHALL  MEAN  ANY  PERSON, INDIVIDUAL, PROPRIETORSHIP,
PARTNERSHIP, JOINT  VENTURE,  CORPORATION,  LIMITED  LIABILITY  COMPANY,
TRUST, ASSOCIATION, ORGANIZATION OR OTHER ENTITY THAT RECEIVES FINANCIAL
ASSISTANCE,  OR  ANY  ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL PROPERTY
IMPROVED OR DEVELOPED WITH FINANCIAL ASSISTANCE.
  9. "INFRASTRUCTURE" SHALL MEAN ANY SUBSTRUCTURE OR UNDERLYING  FOUNDA-
TION  OR  NETWORK  USED FOR PROVIDING GOODS AND SERVICES; ESPECIALLY THE
BASIC INSTALLATIONS AND FACILITIES ON WHICH THE CONTINUANCE  AND  GROWTH
OF  A  COMMUNITY,  STATE,  ETC.,  DEPEND.  EXAMPLES INCLUDE ROADS, WATER
SYSTEMS, COMMUNICATIONS FACILITIES, SEWERS,  SIDEWALKS,  CABLE,  WIRING,
SCHOOLS, POWER PLANTS, AND TRANSPORTATION AND COMMUNICATION SYSTEMS.

S. 6870                             3

  10.  "COVERED EMPLOYER" SHALL MEAN: (A) A FINANCIAL ASSISTANCE RECIPI-
ENT; (B) A TENANT, SUB-TENANT, LEASEHOLDER OR SUBLEASEHOLDER  WHO  OCCU-
PIES  REAL PROPERTY THAT IS IMPROVED OR DEVELOPED WITH FINANCIAL ASSIST-
ANCE; (C) FEE HOLDERS OR OTHER CONDOMINIUM OWNERS OF ANY PORTION OF REAL
PROPERTY  IMPROVED  OR DEVELOPED WITH FINANCIAL ASSISTANCE WHO PURCHASED
THE PROPERTY FROM A PRIOR OWNER OR WERE ASSIGNED  THE  PROPERTY  THROUGH
FORECLOSURE  OR  OTHER MEANS; OR (D) ANY PERSON OR ENTITY THAT CONTRACTS
OR SUBCONTRACTS WITH A FINANCIAL ASSISTANCE RECIPIENT  TO  PERFORM  WORK
FOR  A  PERIOD OF MORE THAN THIRTY DAYS ON THE PREMISES OF THE FINANCIAL
ASSISTANCE RECIPIENT OR ON THE PREMISES OF  REAL  PROPERTY  IMPROVED  OR
DEVELOPED WITH FINANCIAL ASSISTANCE, INCLUDING BUT NOT LIMITED TO TEMPO-
RARY  SERVICES OR STAFFING AGENCIES, FOOD SERVICE CONTRACTORS, AND OTHER
ON-SITE SERVICE CONTRACTORS.
  11. "WORKER HOURS" SHALL MEAN THE  TOTAL  HOURS  WORKED  EXCLUSIVE  OF
HOURS  WORKED  BY  RESIDENTS  OF STATES OTHER THAN NEW YORK, WHETHER THE
WORKERS IN QUESTION ARE EMPLOYED BY THE FINANCIAL  ASSISTANCE  RECIPIENT
OR THE COVERED EMPLOYER.
  12.  "APPRENTICE" SHALL MEAN A WORKER WHO PARTICIPATES IN A FEDERAL OR
STATE APPRENTICESHIP PROGRAM OR, AS AN  APPRENTICE  EQUIVALENT,  PARTIC-
IPATES  IN  A  DEPARTMENT  OF  LABOR  APPROVED TRAINING PROGRAM, TAKES A
CONSTRUCTION APPRENTICESHIP TEST, AND RECEIVES BENEFITS AND PAY NOT LESS
THAN THOSE RECEIVED BY AN APPRENTICE.
  13. "APPRENTICESHIP PROGRAM" SHALL MEAN AN APPRENTICESHIP PROGRAM THAT
HAS BEEN APPROVED BY THE DEPARTMENT OF LABOR FOR  NOT  LESS  THAN  THREE
YEARS  AND HAS GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS
AND HAS AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN  SUCH  APPRENTICE-
SHIP  TRAINING  PROGRAM.  IN  ADDITION, IT MUST BE DEMONSTRATED THAT THE
PROGRAM HAS MADE SIGNIFICANT EFFORTS  TO  ATTRACT  AND  RETAIN  MINORITY
APPRENTICES,  AS  DETERMINED BY AFFIRMATIVE ACTION GOALS ESTABLISHED FOR
SUCH PROGRAM BY THE DEPARTMENT OF LABOR.
  S 4. Article 9 of the public authorities law is amended  by  adding  a
new title 13 to read as follows:
                                TITLE 13
             JUST AND OPEN BUSINESS SUBSIDIES ACT (JOBS ACT)
SECTION 2990. STANDARD APPLICATIONS FOR FINANCIAL ASSISTANCE.
        2991. FINANCIAL ASSISTANCE AGREEMENTS.
        2992. PUBLIC REVIEW.
        2993. SUBSIDY RECAPTURE.
        2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
        2995. RESTRICTIONS ON FUNDS OF LOCAL AND STATE AUTHORITIES.
        2996. DESIGNATED BOARD REPRESENTATION.
        2997. TARGETED HIRE.
        2998. PAYMENTS IN LIEU OF TAXES.
  S  2990. STANDARD APPLICATIONS FOR FINANCIAL ASSISTANCE. 1. ALL APPLI-
CATIONS SUBMITTED TO STATE AUTHORITIES, LOCAL AUTHORITIES, OR ANY  OTHER
STATE  GRANTING  BODY REQUESTING FINANCIAL ASSISTANCE SHALL BE SUBMITTED
THROUGH A CONSOLIDATED FUNDING  APPLICATION.  THE  CONSOLIDATED  FUNDING
APPLICATION  SHALL  BE  DEVELOPED  BY  THE AUTHORITIES BUDGET OFFICE, IN
COLLABORATION WITH RELEVANT GRANTING BODIES.   THE CONSOLIDATED  FUNDING
APPLICATION  SHALL  CONTAIN,  AT A MINIMUM, ALL INFORMATION NECESSARY TO
FULFILL REPORTING REQUIREMENTS UNDER SUBPARAGRAPH SIX OF  PARAGRAPH  (A)
OF  SUBDIVISION ONE AND SUBPARAGRAPH SIX OF PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION TWENTY-EIGHT HUNDRED OF THIS ARTICLE, AND MUST BE  CERTI-
FIED  BY THE PROJECT APPLICANT'S CHIEF EXECUTIVE OFFICER THAT THE APPLI-
CATION IS ACCURATE AND  COMPLETE.  THE  APPLICATION  SHALL  INCLUDE  ALL
INFORMATION NEEDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT

S. 6870                             4

AUTHORITY  TO  CALCULATE  THE  GREENHOUSE  GAS  EMISSIONS  FROM PROPOSED
PROJECTS, INCLUDING BUT NOT LIMITED TO AMOUNT OF ELECTRICITY  USAGE  AND
TYPE AND AMOUNT OF FUEL USAGE.
  2.  NO  STATE  AUTHORITY, LOCAL AUTHORITY, OR ANY OTHER STATE GRANTING
BODY SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT WITH A  RECIPIENT
PRIOR TO RECEIVING AND PROCESSING A COMPLETE CONSOLIDATED FUNDING APPLI-
CATION.
  3.  THE  STATE AUTHORITY, LOCAL AUTHORITY, STATE GRANTING BODY AND THE
AUTHORITIES BUDGET OFFICE SHALL HAVE THE RIGHT OF ACCESS TO EXAMINE  ALL
DOCUMENTS,  PAYROLL  RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE
AGENCY OR DEPARTMENT TO DETERMINE THE APPLICANT'S CLAIMS ARE ACCURATE.
  S 2991. FINANCIAL ASSISTANCE AGREEMENTS. THE  STATE  AUTHORITY,  LOCAL
AUTHORITY OR STATE GRANTING BODY SHALL ENTER INTO A FINANCIAL ASSISTANCE
AGREEMENT  WITH  THE  RECIPIENT PRIOR TO PROVIDING SUCH ASSISTANCE. EACH
FINANCIAL ASSISTANCE AGREEMENT SHALL CONTAIN, AT A MINIMUM:
  1. JOB CREATION AND/OR JOB RETENTION TARGETS AND  THE  MAINTENANCE  OF
SUCH  JOB LEVELS FIVE YEARS BEYOND THE END DATE OF THE FINANCIAL ASSIST-
ANCE AGREEMENT;
  2. AN APPROVED TARGETED HIRING PLAN, WHERE APPLICABLE;
  3. APPRENTICE TARGET HIRING PLAN, WHERE APPLICABLE;
  4. INVESTMENT TARGETS;
  5. DETAILED PLANS FOR COMPLIANCE WITH THE STATE  SMART  GROWTH  PUBLIC
INFRASTRUCTURE POLICY ACT;
  6. GREENHOUSE GAS EMISSIONS AND ENERGY USE BENCHMARKS;
  7.  ALL  INFORMATION NECESSARY TO FULFILL REPORTING REQUIREMENTS UNDER
SUBPARAGRAPH SIX OF PARAGRAPH (A) OF SUBDIVISION  ONE  AND  SUBPARAGRAPH
SIX  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED
OF THIS ARTICLE;
  8. SUBSIDY RECAPTURE PROVISIONS; AND
  9. YEARLY AND OVERALL PERFORMANCE BENCHMARKS.
  S 2992. PUBLIC REVIEW. 1. THE STATE AUTHORITY, LOCAL AUTHORITY,  STATE
GRANTING  BODY AND THE AUTHORITIES BUDGET OFFICE SHALL HAVE THE RIGHT OF
ACCESS TO THE COVERED EMPLOYER'S PROJECT SITE AND TO EXAMINE  ALL  DOCU-
MENTS, PAYROLL RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE AGEN-
CY  OR  DEPARTMENT  TO  DETERMINE  THE  RECIPIENT  IS IN COMPLIANCE WITH
PROVISIONS OF THE FINANCIAL ASSISTANCE AGREEMENT AND THIS  ARTICLE.  THE
STATE  AUTHORITIES  AND LOCAL AUTHORITIES SHALL COOPERATE FULLY WITH THE
AUTHORITIES BUDGET OFFICE IN CARRYING OUT ITS DUTIES.
  2. THE STATE AUTHORITY, LOCAL AUTHORITY, OR STATE GRANTING BODY  SHALL
FILE  A  COPY  OF EACH RECIPIENT'S APPLICATION, THE FINANCIAL ASSISTANCE
AGREEMENT AND THE COST BENEFIT ANALYSIS ON ITS WEBSITE, WITH THE GOVERN-
ING BODY OF THE MUNICIPALITY AND  WITH  THE  AUTHORITIES  BUDGET  OFFICE
WITHIN FIVE DAYS OF THE EXECUTION OF THE AGREEMENT.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A STATE
AUTHORITY,  LOCAL  AUTHORITY  OR STATE GRANTING BODY IN AN AREA WITH ONE
MILLION PERSONS  OR  MORE  SHALL  NOT  PROVIDE  DISCRETIONARY  FINANCIAL
ASSISTANCE EXCEEDING A TOTAL OF ONE MILLION DOLLARS IN VALUE WITHOUT THE
APPROVAL  OF THE AFFECTED TAXING JURISDICTIONS IN WHICH THE PROJECT WILL
OCCUR. IN ALL OTHER AREAS, A STATE AUTHORITY, LOCAL AUTHORITY  OR  STATE
GRANTING  BODY  SHALL  NOT  PROVIDE  DISCRETIONARY  FINANCIAL ASSISTANCE
EXCEEDING ONE HUNDRED THOUSAND DOLLARS IN VALUE WITHOUT THE APPROVAL  OF
THE  AFFECTED  TAXING  JURISDICTIONS  IN  WHICH  THE PROJECT WILL OCCUR.
APPROVAL OF THE AFFECTED TAXING JURISDICTION SHALL CONSIST OF A MAJORITY
VOTE BY THE RELEVANT DECISION MAKING BODY OF THAT JURISDICTION.
  4. PRIOR TO APPROVING ANY DISCRETIONARY ECONOMIC  DEVELOPMENT  ASSIST-
ANCE  AGREEMENT  OVER  TWENTY-FIVE  THOUSAND DOLLARS, A STATE AUTHORITY,

S. 6870                             5

LOCAL AUTHORITY OR STATE GRANTING BODY SHALL: (A) HOLD A PUBLIC  HEARING
ON  THE PROVISION OF FINANCIAL ASSISTANCE; AND (B) PROVIDE NOTICE TO THE
PUBLIC THIRTY CALENDAR DAYS PRIOR TO THE PUBLIC HEARING. AT THE TIME  OF
NOTICE,  THE  STATE  AUTHORITY,  LOCAL  AUTHORITY OR STATE GRANTING BODY
SHALL PROVIDE THE APPLICATION, THE PROPOSED ECONOMIC DEVELOPMENT ASSIST-
ANCE AGREEMENT, AND ANY OTHER MATERIALS RELEVANT TO THE  DECISION,  SUCH
AS  THE  COST  BENEFIT  ANALYSIS,  TO THE PUBLIC. THE DOCUMENTS SHALL BE
AVAILABLE ELECTRONICALLY AND THE DOCUMENTS SHALL BE AVAILABLE  IN  PRINT
UPON  REQUEST.  THE  PUBLIC  HEARING SHALL PROVIDE THE PUBLIC REASONABLE
OPPORTUNITY TO COMMENT ON THE PROPOSED FINANCIAL  ASSISTANCE  AGREEMENT.
THE HEARING SHALL TAKE PLACE NO LESS THAN SEVEN CALENDAR DAYS BEFORE THE
FINAL  DECISION.  THE STATE AUTHORITY, LOCAL AUTHORITY OR STATE GRANTING
BODY MUST RESPOND TO PUBLIC COMMENTS SUBMITTED ORALLY OR IN WRITING WITH
OFFICIAL, WRITTEN REPLIES BEFORE SUCH TIME AS THE DECISION IS MADE.  ALL
PUBLIC  HEARINGS SHALL BE RECORDED VERBATIM AND TRANSCRIPTS AVAILABLE ON
LINE AND TRANSCRIPTS AVAILABLE IN PRINT UPON REQUEST.
  5. PRIOR TO APPROVING ANY AS OF RIGHT FINANCIAL  ASSISTANCE  AGREEMENT
OVER TWENTY-FIVE THOUSAND DOLLARS, A STATE AUTHORITY, LOCAL AUTHORITY OR
STATE  GRANTING  BODY SHALL PROVIDE NOTICE TO THE PUBLIC THIRTY CALENDAR
DAYS PRIOR TO THE APPROVAL OF  FINANCIAL  ASSISTANCE.  AT  THE  TIME  OF
NOTICE,  THE  STATE  AUTHORITY,  LOCAL  AUTHORITY OR STATE GRANTING BODY
SHALL PROVIDE THE APPLICATION, THE PROPOSED FINANCIAL ASSISTANCE  AGREE-
MENT, AND ANY OTHER MATERIALS RELEVANT TO THE DECISION, SUCH AS THE COST
BENEFIT  ANALYSIS, TO THE PUBLIC. THE DOCUMENTS SHALL BE AVAILABLE ELEC-
TRONICALLY AND THE DOCUMENTS SHALL BE AVAILABLE IN PRINT UPON REQUEST.
  S 2993. SUBSIDY RECAPTURE.  1.  ALL  FINANCIAL  ASSISTANCE  AGREEMENTS
SHALL  CONTAIN:  (A)  A SPECIFIC SCHEDULE FOR SUBSIDY RECAPTURE; (B) THE
MEASURABLE YEARLY BENCHMARKS THAT A RECIPIENT  MUST  MEET  IN  ORDER  TO
AVOID  RECAPTURE;  AND (C) PROVISIONS FOR RECALIBRATION OR RESCISSION OF
BENEFITS.
  2. RECAPTURE PROVISIONS, AT  A  MINIMUM,  SHALL  BE  BASED  UPON  EACH
REQUIRED  COMPONENT OF THE FINANCIAL ASSISTANCE AGREEMENT, AS IDENTIFIED
IN SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE.
  3. IF THE RECIPIENT FAILS TO FULFILL ANY OBLIGATION UNDER  THE  FINAN-
CIAL  ASSISTANCE AGREEMENT, OR IS FOUND TO HAVE COMMITTED A 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  STATE AUTHORITY OR LOCAL AUTHORITY SHALL
IMMEDIATELY SUSPEND ALL FINANCIAL ASSISTANCE TO THE  RECIPIENT  AND  THE
APPLICABLE  RECAPTURE  PROVISIONS  SET  FORTH IN SUBDIVISION ONE OF THIS
SECTION SHALL TAKE EFFECT. (A) THE STATE AUTHORITY  OR  LOCAL  AUTHORITY
SHALL  PROMPTLY  ISSUE  A PRELIMINARY NOTICE OF DEFAULT TO THE RECIPIENT
AND PROVIDE AN OPPORTUNITY TO CURE. THE RECIPIENT CAN CURE  THE  DEFAULT
EITHER  BY  PROVIDING  EVIDENCE DOCUMENTING THAT THE RECIPIENT IS NOT IN
DEFAULT, OR BY MEETING THE OBLIGATIONS UNDER  THE  FINANCIAL  ASSISTANCE
AGREEMENT WITHIN ONE MONTH OF NOTIFICATION OF DEFAULT. (B) IF THE RECIP-
IENT  OF  FINANCIAL  ASSISTANCE  FAILS TO CURE THE DEFAULT WITHIN TWENTY
BUSINESS DAYS OF THE ISSUANCE OF NOTICE, THE STATE  AUTHORITY  OR  LOCAL
AUTHORITY  SHALL PROMPTLY ISSUE A FINAL NOTICE OF DEFAULT TO THE RECIPI-
ENT WHO SHALL REMIT REPAYMENT BASED ON THE APPLICABLE  RECAPTURE  SCHED-
ULE. (C) THE RECIPIENT SHALL REPAY SUCH ASSISTANCE TO THE STATE AUTHORI-
TY,  LOCAL AUTHORITY, OR STATE GRANTING BODY AT A RATE OF INTEREST 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, AS IDENTIFIED IN THE

S. 6870                             6

SUBSIDY  RECAPTURE  SCHEDULE.  THE  LOCAL  AUTHORITY, STATE AUTHORITY OR
STATE GRANTING BODY SHALL REMIT THE RECAPTURED SUBSIDIES TO THE RELEVANT
LOCAL TAXING JURISDICTION. (D) 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  AUTHORITY  OR  INSTRUMENTALITY  OF THIS STATE UNTIL THE STATE
AUTHORITY OR LOCAL AUTHORITY HAS RECEIVED FULL REPAYMENT OF  THE  AMOUNT
DUE.  (E)  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.
  4. THE AUTHORITIES BUDGET OFFICE SHALL ANNUALLY COMPILE  A  REPORT  ON
THE  OUTCOMES  AND  EFFECTIVENESS  OF  RECAPTURE  PROVISIONS BY PROGRAM,
INCLUDING, BUT NOT LIMITED TO: (A) THE TOTAL NUMBER  OF  COMPANIES  THAT
RECEIVE  FINANCIAL  ASSISTANCE AS DEFINED IN THIS ARTICLE; (B) THE TOTAL
NUMBER OF RECIPIENTS IN VIOLATION OF  DEVELOPMENT  AGREEMENTS;  (C)  THE
TOTAL  NUMBER  OF  COMPLETED  RECAPTURE EFFORTS; (D) THE TOTAL NUMBER OF
RECAPTURE EFFORTS INITIATED; AND (E) THE TOTAL NUMBER OF WAIVERS  GRANT-
ED.  SUCH  REPORT  SHALL  BE DISCLOSED CONSISTENT WITH THE PROVISIONS OF
SECTION TWENTY-EIGHT HUNDRED OF THIS ARTICLE.
  5. THE STATE AUTHORITY, LOCAL AUTHORITY OR  STATE  GRANTING  BODY  MAY
ELECT  TO  WAIVE ENFORCEMENT OF ANY CONTRACTUAL PROVISION ARISING OUT OF
THE FINANCIAL ASSISTANCE AGREEMENT, BASED ON THE FINDING THAT THE WAIVER
IS NECESSARY TO AVERT IMMINENT AND DEMONSTRABLE HARDSHIP TO THE  RECIPI-
ENT,  ONLY  AFTER APPROVAL BY THE AFFECTED TAXING JURISDICTIONS.  IF THE
WAIVER IS GRANTED, THE RECIPIENT MUST AGREE TO A  CONTRACTUAL  MODIFICA-
TION  TO  THE  FINANCIAL  ASSISTANCE  AGREEMENT  THAT INCLUDES RECAPTURE
PROVISIONS.
  S 2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET. 1. FOR EACH STATE  FISCAL
YEAR  ENDING  ON  OR  AFTER  JUNE  THIRTIETH, TWO THOUSAND FOURTEEN, THE
DEPARTMENT OF TAXATION  AND  FINANCE  SHALL  SUBMIT  AN  ANNUAL  UNIFIED
ECONOMIC  DEVELOPMENT  BUDGET  TO THE GOVERNOR, SENATE AND ASSEMBLY. THE
UNIFIED ECONOMIC DEVELOPMENT BUDGET SHALL BE  DUE  WITHIN  THREE  MONTHS
AFTER THE END OF THE FISCAL YEAR, AND SHALL PRESENT ALL TYPES OF PROJECT
SPECIFIC  FINANCIAL  ASSISTANCE  GRANTED  DURING  THE PRIOR FISCAL YEAR,
INCLUDING, AT A MINIMUM:
  (A) THE AMOUNT OF UNCOLLECTED STATE TAX REVENUES RESULTING FROM  EVERY
CORPORATE TAX CREDIT, ABATEMENT, EXEMPTION AND REDUCTION PROVIDED BY THE
STATE  OR  A  LOCAL GOVERNMENTAL UNIT INCLUDING BUT NOT LIMITED TO GROSS
RECEIPTS, INCOME, SALES, USE, RAW MATERIALS, EXCISE, PROPERTY,  UTILITY,
AND INVENTORY TAXES;
  (B)  THE AMOUNT OF UNCOLLECTED STATE TAX REVENUES RESULTING FROM EVERY
TAX EXEMPT BOND OR LOAN PROVIDED BY THE STATE OR  A  LOCAL  GOVERNMENTAL
UNIT;
  (C)  THE  AMOUNT  OF FINANCIAL ASSISTANCE PROVIDED FROM EVERY GRANT BY
THE STATE OR A LOCAL GOVERNMENTAL UNIT;
  (D) ESTIMATES PREPARED BY THE COMMISSIONER OF TAXATION AND FINANCE, IN
CONJUNCTION WITH THE DIRECTOR OF THE BUDGET, OF THE COST OF SUCH  FINAN-
CIAL  ASSISTANCE FOR THE: (I) CURRENT TAXABLE OR CALENDAR YEAR; AND (II)
THE FIVE PRECEDING YEARS;
  (E) THE NAME OF EACH CORPORATE TAXPAYER WHICH  CLAIMED  ANY  FINANCIAL
ASSISTANCE  UNDER  PARAGRAPH  (A), (B) OR (C) OF THIS SUBDIVISION OF ANY

S. 6870                             7

VALUE EQUAL TO OR GREATER THAN FIVE THOUSAND DOLLARS, TOGETHER WITH  THE
DOLLAR AMOUNT RECEIVED BY EACH SUCH CORPORATION;
  (F)  ANY  TAX  CREDIT, ABATEMENT, EXEMPTION OR REDUCTION RECEIVED BY A
CORPORATION OF LESS THAN FIVE THOUSAND DOLLARS EACH SHALL NOT  BE  ITEM-
IZED. THE AGGREGATE DOLLAR AMOUNT OF SUCH EXPENDITURES AND THE NUMBER OF
COMPANIES SO AGGREGATED FOR EACH TAX EXPENDITURE SHALL BE INCLUDED;
  (G)  ALL  STATE  APPROPRIATED  EXPENDITURES  FOR ECONOMIC DEVELOPMENT,
INCLUDING EXPENDITURES FOR INFRASTRUCTURE IMPROVEMENTS RELATED  TO  REAL
PROPERTY  FOR  WHICH  THE  STATE  WOULD  NOT  PAY ABSENT THE DEVELOPMENT
PROJECT, AND LINE-ITEM BUDGETS FOR EVERY STATE-FUNDED  ENTITY  CONCERNED
WITH ECONOMIC DEVELOPMENT;
  (H)  THE  PROVISIONS  OF  LAW AUTHORIZING SUCH TAX EXPENDITURES, THEIR
EFFECTIVE DATES, THE PROGRAM, IF ANY EXISTS, THROUGH WHICH THE FINANCIAL
ASSISTANCE IS GRANTED, THE AGENCIES OR ENTITIES THAT MANAGE THE  PROGRAM
AND/OR AUTHORIZE THE FINANCIAL ASSISTANCE, AND, IF APPLICABLE, THE DATES
ON WHICH SUCH FINANCIAL ASSISTANCE EXPIRES OR IS REDUCED;
  (I)  ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY-
ING, OR REPEALING SUCH FINANCIAL ASSISTANCE, AND SUCH OTHER  INFORMATION
REGARDING  DEVELOPMENT EXPENDITURES AS THE EXECUTIVE MAY FEEL USEFUL AND
APPROPRIATE;
  (J) IF THE GOVERNOR'S BUDGET INCLUDES PROPOSALS  FOR  THE  EXPIRATION,
MODIFICATION, OR REPEAL OF SUCH FINANCIAL ASSISTANCE OR FOR THE ADDITION
OF  FINANCIAL ASSISTANCE IN OR TO SUCH ARTICLES OR SUCH LAW, SUCH REPORT
SHALL ALSO CONTAIN, TO THE EXTENT RELIABLE DATA ARE AVAILABLE, AN ANALY-
SIS OF THE NUMBER AND  TYPES  OF  PERSONS  AND  ENTITIES  BENEFITING  OR
EXPECTED  TO  BENEFIT FROM SUCH FINANCIAL ASSISTANCE, AN ESTIMATE OF THE
COSTS OF SUCH FINANCIAL ASSISTANCE FOR THE COMING FISCAL  YEAR,  AND  AN
EXPLANATION OF THE REASONS FOR THE PROPOSALS;
  (K)  GENERAL  CAUTIONARY  AND ADVISORY NOTES CONCERNING LIMITATIONS OF
DATA, ESTIMATION PROCEDURES, SAMPLING ERRORS AND IMPUTED VALUES,  PROMI-
NENTLY DISPLAYED.
  S  2995.  RESTRICTIONS ON FUNDS OF LOCAL AND STATE AUTHORITIES.  1. NO
FINANCIAL ASSISTANCE OF THE STATE AUTHORITY OR LOCAL AUTHORITY SHALL  BE
USED IN RESPECT OF ANY PROJECT IF THE COMPLETION THEREOF WOULD RESULT IN
THE  REMOVAL  OF  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,  OR  IN  THE  LOSS  OF
EMPLOYMENT  IN  THE  LABOR MARKET AREA FROM WHICH THE RELOCATION OCCURS,
PROVIDED, HOWEVER, THAT NEITHER RESTRICTION SHALL APPLY IF (A) THE PRIOR
CONSENT OF THE AFFECTED TAXING JURISDICTIONS FROM WHICH ALL OR ANY  PART
OF  A FACILITY OR PLANT OF THE PROJECT OCCUPANT WILL BE REMOVED OR ABAN-
DONED IS PROVIDED IN WRITING AND (B) THE AUTHORITY  SHALL  DETERMINE  ON
THE  BASIS  OF CLEAR AND CONVINCING EVIDENCE THAT THE PROJECT IS REASON-
ABLY 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.
  2. UPON A COMPLAINT BY A LOCAL OR STATE ELECTED OFFICIAL  THAT  FINAN-
CIAL  ASSISTANCE  OF  AN  AUTHORITY  HAS  RESULTED IN THE ABANDONMENT OR
REMOVAL BY A PROJECT OCCUPANT OF ALL OR ANY PART OF ONE OR  MORE  PLANTS
OR  FACILITIES  IN SUCH MUNICIPALITY, THE AUTHORITIES BUDGET OFFICE OR A
DESIGNEE SHALL INVESTIGATE SUCH ALLEGATION AND  MAY  SCHEDULE  A  PUBLIC
HEARING  ON THE MATTER. IF THE AUTHORITIES BUDGET OFFICE DETERMINES THAT
THE COMPLAINT IS  VALID,  THE  AUTHORITY  THAT  PROVIDED  THE  FINANCIAL
ASSISTANCE  SHALL  RECAPTURE  THE ASSISTANCE FROM THE PROJECT APPLICANT,

S. 6870                             8

AND PAY TO THE MUNICIPALITY AN AMOUNT EQUAL TO THE  PORTION  OF  TAX  OR
TAXES  THAT THE PROJECT APPLICANT SAVED OR AVOIDED DUE TO ITS RELOCATION
AND THE AUTHORITY IS SUSPENDED FROM NEGOTIATING ANY FINANCIAL ASSISTANCE
AGREEMENTS FOR ONE YEAR.
  3.  NO  FINANCIAL  ASSISTANCE OF THE STATE OR LOCAL AUTHORITY 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.
  S 2996. DESIGNATED BOARD REPRESENTATION. EXCEPT AS OTHERWISE  PROVIDED
BY  SPECIAL ACT OF THE LEGISLATURE, A STATE AUTHORITY OR LOCAL AUTHORITY
SHALL CONSIST OF NOT LESS THAN THREE MEMBERS WHO SHALL BE  APPOINTED  BY
THE  GOVERNING  BODY OF EACH MUNICIPALITY AND WHO SHALL SERVE FOR A TERM
OF FOUR YEARS. EACH BOARD SHALL BE REPRESENTATIVE OF  LOCAL  BUSINESSES,
ORGANIZED  LABOR,  COMMUNITY ORGANIZATIONS, ENVIRONMENTAL ORGANIZATIONS,
WORKFORCE  DEVELOPMENT  ORGANIZATIONS,  FINANCIAL  INSTITUTIONS,   LOCAL
EDUCATIONAL  INSTITUTIONS  AND  RESIDENTS  OF  THE  AREA. 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 CHAIRPERSON AND FILE WITH THE SECRETARY OF STATE A CERTIFICATE  OF
APPOINTMENT  OR  REAPPOINTMENT OF ANY MEMBER. SUCH MEMBERS SHALL RECEIVE
NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE ENTITLED TO  THE  NECES-
SARY  EXPENSES,  INCLUDING TRAVELING EXPENSES, INCURRED IN THE DISCHARGE
OF THEIR DUTIES. MEMBERS MUST NOT BE  OR  HAVE,  WITHIN  THE  PAST  FIVE
YEARS, BEEN:
  1.  AN  EMPLOYEE  OR  AN  OWNER  OF  A  FIRM THAT IS A PAID ADVISOR OR
CONSULTANT OF THE AUTHORITY, INCLUDING A PRESENT OR  FORMER  INDEPENDENT
AUDITOR OF THE AUTHORITY;
  2. EMPLOYED BY A SIGNIFICANT SUPPLIER OF THE AUTHORITY;
  3. EMPLOYED BY AND HAD A FIVE PERCENT OR GREATER OWNERSHIP INTEREST IN
A  SUPPLIER WHERE SALES TO THE AUTHORITY REPRESENT MORE THAN ONE PERCENT
OF THE SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF  THE  PURCHASES
OF THE AUTHORITY; AND
  4.  A  LOBBYIST  REGISTERED  UNDER  A  STATE OR LOCAL LAW COVERING ANY
JURISDICTION SERVED IN WHOLE OR IN PART BY THE AUTHORITY.
  S 2997. TARGETED HIRE.  1. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
TO  THE  CONTRARY,  AND  EXCEPT  AS  IS OTHERWISE PROVIDED BY COLLECTIVE
BARGAINING CONTRACTS OR AGREEMENTS, RECIPIENTS OF MORE THAN ONE  HUNDRED
THOUSAND  DOLLARS  IN CUMULATIVE FINANCIAL ASSISTANCE BY LOCAL AND STATE
AUTHORITIES, AS WELL AS COVERED EMPLOYERS, SHALL ENSURE THAT  (A)  FIFTY
PERCENT  OF  CONSTRUCTION AND NON-CONSTRUCTION WORKER HOURS PERFORMED ON
THE PROJECT BENEFITING FROM THE FINANCIAL ASSISTANCE  ARE  PERFORMED  BY
RESIDENTS  OF A NEW YORK METROPOLITAN STATISTICAL AREA (MSA), MICROPOLI-
TAN STATISTICAL AREA (MISA), OR COUNTY THAT IS NOT DESIGNATED AS AN  MSA
OR  MISA,  AS  DEFINED  BY THE UNITED STATES BUREAU OF LABOR STATISTICS,
THAT CONTAINS THE PROJECT OR ANY PART THEREOF, AND  IN  WHICH  THE  MOST
RECENT CENSUS DETERMINES THAT THE POVERTY OR UNEMPLOYMENT RATE IS HIGHER
THAN  THE  AVERAGE  (AGGREGATED)  POVERTY  OR  UNEMPLOYMENT  RATE OF THE
REGIONAL LABOR MARKET STATES OF NEW  YORK,  CONNECTICUT,  MASSACHUSETTS,
NEW  JERSEY,  PENNSYLVANIA  AND  VERMONT; AND (B) TWENTY-FIVE PERCENT OF
CONSTRUCTION WORKER HOURS PERFORMED ON THE PROJECT BENEFITING  FROM  THE
FINANCIAL ASSISTANCE ARE PERFORMED BY APPRENTICES.
  2.  IF  THE PERCENTAGE TARGETED HIRING REQUIREMENTS OF SUBDIVISION ONE
OF THIS SECTION HAVE NOT BEEN SATISFIED FOR  A  PROJECT,  THE  RECIPIENT
NONETHELESS MAY BE DEEMED TO BE IN COMPLIANCE IF IT DEMONSTRATES THAT IT
AND  EACH COVERED EMPLOYER HAVE EITHER (A) SATISFIED THE TARGETED HIRING
REQUIREMENTS WITH REGARD TO THE PROJECT WORK THAT EACH HAS PERFORMED  OR

S. 6870                             9

(B)  SATISFACTORILY  DEMONSTRATED THE FOLLOWING: (I) ADHERENCE TO PROCE-
DURES CONTAINED IN AN APPROVED TARGETED HIRING PLAN; (II)  AS  APPROPRI-
ATE,  MADE REQUESTS TO UNIONS, USING PROPER FORMS, OF SUFFICIENT NUMBERS
OF TARGETED WORKERS AND APPRENTICES TO MEET THE TARGETED HIRING PERCENT-
AGES SET FORTH IN SUBDIVISION ONE OF THIS SECTION; (III) AS APPROPRIATE,
DOCUMENTED  CONTACT  WITH  THE APPROPRIATE AGENCY REPRESENTATIVE IN EACH
INSTANCE WHEN THE RELEVANT UNION DID NOT REFER QUALIFIED TARGETED  WORK-
ERS  WITHIN  THE  FORTY-EIGHT  HOURS FOLLOWING THE CONTRACTOR'S REQUEST;
(IV) FAIR CONSIDERATION BY THE RECIPIENT AND COVERED  EMPLOYERS  OF  ANY
TARGETED  WORKER RECEIVED FROM ANY REFERRAL SOURCE; (V) ACCURATE RECORDS
DOCUMENTING THE RECIPIENT'S AND COVERED  EMPLOYERS'  COMPLIANCE  EFFORTS
THAT  INCLUDE,  BUT  ARE NOT LIMITED TO, THE FOLLOWING: (1) A LISTING BY
NAME AND ADDRESS OF ALL  LOCAL  RECRUITMENT  SOURCES  CONTACTED  BY  THE
RECIPIENT AND COVERED EMPLOYERS; (2) THE NUMBER OF TARGETED WORKER HIRES
MADE  AS  A  RESULT  OF THE CONTACT; (3) THE IDENTITY AND ADDRESS OF THE
WORKER OR WORKERS HIRED PURSUANT TO THE CONTACT; (4) DOCUMENTATION  WHEN
A  TARGETED  WORKER  WAS  NOT  HIRED (INCLUDING THE REASON FOR NON-HIRE)
AND/OR PREMATURE TERMINATION; (5) FOR CONSTRUCTION PROJECTS ONLY, RECIP-
IENTS SHALL ALSO INCLUDE THE DATE OF THE LOCAL RECRUITMENT  CONTACT  AND
THE  IDENTITY  OF THE PERSON CONTACTED, THE TRADE AND CLASSIFICATION AND
NUMBER OF HIRE REFERRALS REQUESTED.
  3. FINANCIAL ASSISTANCE RECIPIENTS SHALL GUARANTEE  THAT  ALL  COVERED
EMPLOYERS OPERATING ON THEIR PREMISES OR ON THE PREMISES OF REAL PROPER-
TY  IMPROVED  OR  DEVELOPED  WITH  FINANCIAL  ASSISTANCE COMPLY WITH THE
REQUIREMENTS OF THIS SECTION.
  4. NOTHING HEREIN SHALL BE  CONSTRUED  TO  REQUIRE  ANY  RECIPIENT  OR
COVERED  EMPLOYER  TO  OFFER EMPLOYMENT TO ANY PARTICULAR INDIVIDUAL, OR
OTHERWISE AFFECT THE AUTHORITY OF ANY EMPLOYER WITH REGARD TO  PERSONNEL
MATTERS.
  5.  A  COMPLAINT  FOR  A  VIOLATION OF THIS SECTION MAY BE FILED BY AN
AFFECTED EMPLOYEE, JOB APPLICANT, OR  BY  AN  ORGANIZATION  REPRESENTING
SUCH  EMPLOYEE, PURSUANT TO THE PROCEDURES UNDER ARTICLES EIGHT AND NINE
OF THE LABOR LAW.
  6. THE RELEVANT FISCAL OFFICER, AS DEFINED  IN  SUBDIVISION  EIGHT  OF
SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, SHALL HAVE THE AUTHORITY TO
ENSURE  COMPLIANCE  WITH  THE  PROVISIONS  OF THIS SECTION.   MONITORING
ACTIVITIES MAY INCLUDE REQUESTS TO PRODUCE DOCUMENTATION  INCLUDING  THE
PROVISION  OF  CERTIFIED  PAYROLLS,  SITE  VISITS, INTERVIEWS, REVIEW OF
REQUIRED REPORTS, AND ANY OTHER MONITORING ACTIVITIES THE FISCAL OFFICER
REASONABLY FINDS NECESSARY  TO  ASSESS  COMPLIANCE  WITH  THIS  SECTION.
COVERED  EMPLOYERS SHALL COOPERATE FULLY AND PROMPTLY WITH ANY INQUIRIES
THE FISCAL OFFICER DEEMS NECESSARY IN ORDER TO MONITOR  COMPLIANCE  WITH
THIS  SECTION.    THE  FISCAL  OFFICER  MAY  REVIEW A COVERED EMPLOYER'S
COMPLIANCE WITH THIS SECTION EITHER  ON  ITS  OWN  INITIATIVE  OR  AFTER
RECEIVING  A COMPLAINT OR INQUIRY FROM A MEMBER OF THE PUBLIC OR CITY OR
STATE STAFF.
  7. STATE AUTHORITIES, LOCAL AUTHORITIES, OR ANY OTHER  STATE  GRANTING
BODIES SHALL PREPARE QUARTERLY TARGETED HIRE REPORTS LISTING EACH SUBSI-
DY  RECIPIENT, WHETHER IT IS SUBJECT TO SUBDIVISION ONE OF THIS SECTION,
AND WHETHER IT HAS MET THE PERCENT TARGETED HIRE REQUIREMENTS IDENTIFIED
IN SUBDIVISION ONE OF  THIS  SECTION.  THE  REPORT  SHALL  IDENTIFY  THE
PERCENTAGE  OF  WORKERS  IN  EACH PROJECT THAT RESIDE IN AN MSA, MISA OR
COUNTY NOT DESIGNATED AS AN MSA OR MISA AND CONTAINING THE  PROJECT,  AS
WELL  AS  THE  PERCENTAGE  OF WORKERS THAT ARE NEW YORK RESIDENTS. THESE
REPORTS SHALL BE AVAILABLE  TO  THE  PUBLIC.  DATA  FROM  THE  QUARTERLY

S. 6870                            10

REPORTS  MAY BE USED TO COMPILE THE ANNUAL REPORT, IDENTIFIED IN SECTION
TWENTY-EIGHT HUNDRED OF THIS ARTICLE.
  8.  THE FISCAL OFFICER SHALL PROMPTLY NOTIFY THE STATE OR LOCAL PUBLIC
AUTHORITY AFTER A FINAL  JUDGMENT  DETERMINING  THAT  THE  EMPLOYER  HAS
VIOLATED  THIS SECTION. UPON RECEIPT OF SUCH NOTICE, THE AUTHORITY SHALL
IMMEDIATELY SUSPEND FINANCIAL ASSISTANCE TO THE RECIPIENT. THE RECIPIENT
SHALL REPAY SUCH ASSISTANCE TO THE AUTHORITY PURSUANT TO  SECTION  TWEN-
TY-NINE HUNDRED NINETY-THREE OF THIS TITLE.
  9.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED AS PROHIBITING OR
CONFLICTING WITH ANY LAW, OBLIGATION, OR COLLECTIVE BARGAINING AGREEMENT
THAT REQUIRES GREATER  LEVELS  OF  TARGETED  HIRING  FOR  RECIPIENTS  OR
COVERED EMPLOYERS.
  10.  ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION, ANY ENTITY A
MEMBER OF WHICH IS AGGRIEVED BY A VIOLATION  OF  THIS  SECTION,  OR  ANY
OTHER  PERSON  OR  ENTITY ACTING ON BEHALF OF THE PUBLIC AS PROVIDED FOR
UNDER APPLICABLE STATE LAW, MAY BRING A  CIVIL  ACTION  IN  A  COURT  OF
COMPETENT JURISDICTION AGAINST THE RECIPIENT OR COVERED EMPLOYER VIOLAT-
ING  THIS  SECTION  AND,  UPON  PREVAILING,  SHALL BE AWARDED REASONABLE
ATTORNEYS' FEES AND COSTS AND SHALL BE ENTITLED TO SUCH LEGAL OR EQUITA-
BLE RELIEF AS MAY BE APPROPRIATE TO REMEDY  THE  VIOLATION.    PROVIDED,
HOWEVER, THAT ANY PERSON OR ENTITY ENFORCING THIS TITLE ON BEHALF OF THE
PUBLIC  AS  PROVIDED FOR UNDER APPLICABLE STATE LAW SHALL, UPON PREVAIL-
ING, BE ENTITLED ONLY TO EQUITABLE, INJUNCTIVE OR RESTITUTIONARY  RELIEF
TO  EMPLOYEES  OR  JOB  APPLICANTS,  AND  REASONABLE ATTORNEYS' FEES AND
COSTS.
  S 2998. PAYMENTS IN LIEU OF TAXES. NO PAYMENT IN LIEU OF TAXES  AGREE-
MENT SHALL BE FOR A PERIOD OF TIME LONGER THAN FIVE YEARS. THE AGREEMENT
SHALL  BE  RENEWABLE FOR ONE ADDITIONAL PERIOD OF FIVE YEARS, SO LONG AS
THE RECIPIENT HAS MET THE CONDITIONS OF THE FINANCIAL ASSISTANCE  AGREE-
MENT AND AFTER A VOTE BY THE RELEVANT BOARD.
  S 5. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2
of section 2800 of the public authorities law, as amended by chapter 506
of the laws of 2009, are amended to read as follows:
  (a)  For  the purpose of furnishing the state with systematic informa-
tion regarding the status and  the  activities  of  public  authorities,
every  state authority continued or created by this chapter or any other
chapter of the laws of the state of New York shall submit to the  gover-
nor,  the  chairman  and  ranking  minority member of the senate finance
committee, the chairman and ranking minority member of the assembly ways
and means committee, the state comptroller, and the  authorities  budget
office,  within ninety days after the end of its fiscal year, a complete
and detailed report or reports setting forth:  (1)  its  operations  and
accomplishments; (2) its financial reports, including (i) audited finan-
cials in accordance with all applicable regulations and following gener-
ally  accepted  accounting  principles  as defined in subdivision ten of
section two of the state finance law, (ii) grant and  subsidy  programs,
(iii)  operating  and  financial risks, (iv) current ratings, if any, of
its bonds issued by recognized municipal bond rating agencies and notice
of changes in such ratings, and  (v)  long-term  liabilities,  including
leases  and  employee benefit plans; (3) its mission statement and meas-
urements including its most recent measurement report; (4) a schedule of
its bonds and notes outstanding at the end of its fiscal year,  together
with a statement of the amounts redeemed and incurred during such fiscal
year  as  part  of a schedule of debt issuance that includes the date of
issuance, term, amount, interest rate  and  means  of  repayment.  Addi-
tionally,  the debt schedule shall also include all refinancings, calls,

S. 6870                            11

refundings, defeasements and interest rate exchange or other such agree-
ments, and for any debt issued during the reporting year,  the  schedule
shall  also  include a detailed list of costs of issuance for such debt;
(5)  a  compensation  schedule,  in  addition to the report described in
section twenty-eight hundred six of this title, that shall  include,  by
position,  title  and name of the person holding such position or title,
the salary, compensation, allowance  and/or  benefits  provided  to  any
officer,  director  or employee in a decision making or managerial posi-
tion of such authority whose salary is in excess of one hundred thousand
dollars; (5-a)  biographical  information,  not  including  confidential
personal  information,  for all directors and officers and employees for
whom salary reporting is required under subparagraph five of this  para-
graph;  (6)  the  projects  undertaken by such authority during the past
year, MADE AVAILABLE TO THE PUBLIC IN AN ELECTRONIC NON-PROPRIETARY  AND
DOWNLOADABLE DATABASE, THAT SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I)  PROJECT  DESCRIPTION:  (A) NAME AND ADDRESS OF PROJECT APPLICANT,
INCLUDING NAMES OF PRINCIPAL OFFICERS, ANY PARENT OR  SUBSIDIARY  CORPO-
RATIONS  AND  MAJOR  SHAREHOLDERS;  (B)  NAME  OF  THE SITE CONSULTANTS,
PROJECT ARCHITECT, ENGINEER AND CONTRACTORS;  (C)  PROJECT  DESCRIPTION,
INCLUDING  ADDRESS,  BLOCK AND LOT, PROPERTY AND BUILDING SIZE, PROPOSED
START AND COMPLETION DATES FOR THE FINANCIAL TRANSACTION, PROJECT GOALS,
AND DESCRIPTION OF PROJECT TENANTS; (D) ELECTRONIC  LINK  TO  THE  FINAL
APPLICATION, THE FINANCIAL ASSISTANCE AGREEMENT, THE COST BENEFIT ANALY-
SIS,  ENVIRONMENTAL IMPACT ASSESSMENT AND/OR ENVIRONMENTAL IMPACT STATE-
MENT, AND WHERE APPLICABLE  THE  QUARTERLY  TARGETED  HIRE  REPORT;  (E)
WHETHER  PROJECT IS LOCATED IN AN AREA OF HIGH ECONOMIC DISTRESS OR ON A
BROWNFIELD OPPORTUNITY AREA; (F) THE AMOUNT, TYPE AND  DATE  OF  CAPITAL
INVESTMENT  TO BE PROVIDED BY THE RECIPIENT, ORIGINALLY COMMITTED AND TO
DATE; (G) AMOUNT, TYPE, AND DATE OF  PUBLIC  INFRASTRUCTURE  INVESTMENTS
MADE BY RECIPIENT, ORIGINALLY COMMITTED AND TO DATE; (H) AMOUNT AND TYPE
OF  AFFORDABLE  HOUSING TO BE BUILT, IF ANY, ORIGINALLY COMMITTED AND TO
DATE; (I) NAICS CODE FOR PROJECT; (J) THE PUBLIC PURPOSE OF THE PROJECT;
(K) AMOUNT AND TYPE OF  POINT  SOURCE  AND  NON-POINT  SOURCE  POLLUTION
RESULTING FROM THE PROJECT, IF ANY, ANNUALLY AND TO DATE; (L) AMOUNT AND
TYPE  OF  ENERGY  USE AT PROJECT LOCATION, ORIGINALLY BENCHMARKED AND TO
DATE; AND (M) AMOUNT OF GREENHOUSE GAS  EMISSIONS  AT  PROJECT  LOCATION
ORIGINALLY BENCHMARKED AND TO DATE;
  (II)  FINANCIAL  ASSISTANCE:  (A) CATEGORIZED DESCRIPTION OF THE TOTAL
AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE  AUTHORITY  OVER
THE  LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT COMMIT-
TED DURING THE PRIOR FISCAL YEAR, INCLUDING THE VALUE  OF  ANY  PROPERTY
SOLD  OR  LEASED  AT LESS THAN FAIR MARKET VALUE; (B) DESCRIPTION OF THE
NET AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED  BY  THE  AUTHORITY
OVER  THE  LIFE  OF  THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT
COMMITTED DURING THE  PRIOR  FISCAL  YEAR,  AND  WHERE  APPLICABLE,  THE
AMOUNT,  TYPE,  AND DATE OF PILOT PAYMENTS BY TAX JURISDICTION, ORIGINAL
AND TO DATE; (C) ATTACHMENT OF THE YEARLY  SCHEDULE  OF  EXEMPTIONS  AND
OTHER  BENEFITS  COMMITTED BY THE AUTHORITY FOR EACH YEAR OF THE LIFE OF
THE DEAL; (D) AMOUNT OF PUBLIC ASSISTANCE, TOTAL,  BY  PROGRAM,  AND  BY
TYPE  OF  FINANCIAL  ASSISTANCE,  COMMITTED  TO THE PROJECT BY ALL OTHER
FEDERAL, STATE, COUNTY, AND  LOCAL  PROGRAMS  AS  OF  THE  DATE  OF  THE
EXECUTION  OF  THE  AGREEMENT,  AS  WELL AS UPDATED FOR THE PRIOR FISCAL
YEAR; AND (E) AMOUNT AND TYPE OF INFRASTRUCTURE INVESTMENTS INCURRED  BY
FEDERAL, STATE, COUNTY, AND LOCAL GOVERNMENTS ON BEHALF OF THE PROJECT.
  (III)  PROJECT  CRITERIA:  (A)  NUMBER  AND  TYPES  OF  FULL-TIME  AND
PART-TIME JOBS EXISTING AT THE PROJECT ON THE DATE THE  ORIGINAL  AGREE-

S. 6870                            12

MENT  WAS  EXECUTED,  AND  MEDIAN  ANNUAL WAGE AND BENEFIT LEVELS BY JOB
CLASSIFICATION; (B) NUMBER AND TYPES OF  FULL-TIME  AND  PART-TIME  JOBS
ORIGINALLY  COMMITTED, AS PER FINANCIAL ASSISTANCE AGREEMENT, AND MEDIAN
ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION; (C) NUMBER OF FULL
TIME  AND  PART  TIME JOBS RETAINED TO DATE; (D) NUMBER OF FULL TIME AND
PART TIME TEMPORARY  CONSTRUCTION  JOBS  CREATED  BY  APPLICANT  AND  BY
PROJECT  TENANTS TO DATE; (E) NUMBER OF FULL TIME AND PART TIME NON-CON-
STRUCTION JOBS CREATED BY APPLICANT AND BY PROJECT TENANTS TO DATE;  (F)
MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF FULL TIME
AND  PART  TIME,  CONSTRUCTION  AND  NON-CONSTRUCTION  JOBS  CREATED AND
RETAINED TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND  NON-CON-
STRUCTION  JOBS; (H)(1) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE
OF NEW YORK RESIDENTS, SEPARATED BY  CONSTRUCTION  AND  NON-CONSTRUCTION
EMPLOYEES; (2) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL
RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN STATISTICAL
AREA  (MSA),  MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY NOT WITHIN
AN MSA OR MISA, IN WHICH THE PROJECT OCCURS, SEPARATED  BY  CONSTRUCTION
AND  NON-CONSTRUCTION EMPLOYEES; (I) RECIPIENT USE OF UNION CONSTRUCTION
APPRENTICESHIP  PROGRAMS  OR  ANY  OTHER  LOCAL  WORKFORCE   DEVELOPMENT
PROGRAM,  ORIGINAL  AND TO DATE; (J) WHETHER OR NOT THE PROJECT COMPLIED
WITH EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE  POLICY
ACT;  (K)  THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (L) WHETHER OR
NOT THE PROJECT HAS MET EACH BENCHMARK AND IF NOT, THE FINANCIAL ASSIST-
ANCE AMOUNT THE AUTHORITY HAS RECAPTURED DURING THE CURRENT YEAR AND  TO
DATE; AND (M) WHETHER THE PROJECT HAS A SUBSIDY RECAPTURE PROVISION.
  (IV)  OTHER:  (A)  WHETHER RECIPIENT, ITS OFFICERS, PRINCIPALS, PARENT
COMPANY, SUBSIDIARIES  OR  MAJOR  SHAREHOLDERS  HAVE  (1)  VIOLATED  THE
PREVAILING  WAGE LAW UNDER ARTICLE EIGHT OF THE LABOR LAW OR THE FEDERAL
DAVIS-BACON ACT; (2) VIOLATED STATE OR FEDERAL LAWS  RELATING  TO  UNEM-
PLOYMENT  COMPENSATION,  WORKERS'  COMPENSATION, OCCUPATIONAL HEALTH AND
SAFETY, EMPLOYEE MISCLASSIFICATION,  EMPLOYMENT  DISABILITY,  EMPLOYMENT
DISCRIMINATION, OR OTHER LABOR LAWS; (3) VIOLATED STATE OR FEDERAL ENVI-
RONMENTAL  PROTECTION  LAWS;  (4) FAILED TO FILE FEDERAL, STATE OR LOCAL
TAX RETURNS, ANY TAX LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS  OF
AGREEMENTS  OR  LAWS  UNDER  WHICH  A TAX CREDIT, TAX EXEMPTION, LOAN OR
GRANT WAS AWARDED BY ANY FEDERAL, STATE OR LOCAL ENTITY; AND (5) DISCLO-
SURE OF ANY INVESTIGATIONS STARTED OR PENDING; (B) A DESCRIPTION OF SUCH
VIOLATIONS; AND (C) A STATEMENT AS TO WHETHER THE USE OF  THE  FINANCIAL
ASSISTANCE DURING THE PREVIOUS FISCAL YEAR HAS REDUCED EMPLOYMENT AT ANY
OTHER  SITE  CONTROLLED  BY  THE  RECIPIENT CORPORATION OR ITS CORPORATE
PARENT, WITHIN OR WITHOUT THE STATE AS A RESULT OF  AUTOMATION,  MERGER,
ACQUISITION, CORPORATE RESTRUCTURING OR OTHER BUSINESS ACTIVITY.
  (V) PRIOR PROJECTS. WHERE INFORMATION REQUESTED UNDER THIS SUBDIVISION
IS  NOT  REQUIRED TO BE COLLECTED BECAUSE THE PROJECT WAS APPROVED PRIOR
TO THE EFFECTIVE DATE OF TITLE THIRTEEN OF THIS  ARTICLE,  IT  SHALL  BE
NOTED ACCORDINGLY IN THE REPORT.
  (VI)  DURATION. THE DATABASE SHALL BE FOR THE PERIOD COMMENCING ON THE
DATE THAT THE FINANCIAL ASSISTANCE AGREEMENT  AND  ANY  OTHER  DOCUMENTS
APPLICABLE  TO  SUCH  PROJECT  HAVE BEEN EXECUTED THROUGH THE FINAL YEAR
THAT SUCH ENTITY RECEIVES ASSISTANCE FOR SUCH PROJECT.  AT  SUCH  POINT,
DATA  ON RECIPIENTS OF FINANCIAL ASSISTANCE SHALL BE ARCHIVED AND AVAIL-
ABLE TO THE PUBLIC; (7) a  listing  and  description  AVAILABLE  TO  THE
PUBLIC  IN  A  NON-PROPRIETARY  ELECTRONIC  DATABASE, in addition to the
report required by paragraph a of subdivision three of  section  twenty-
eight  hundred  ninety-six  of this article of all real property of such
authority having an estimated fair market value  in  excess  of  fifteen

S. 6870                            13

thousand dollars that the authority acquires or disposes of THROUGH SALE
OR LEASE during such period. The report shall contain the price received
or  paid  by the authority, THE FAIR MARKET VALUE AT THE TIME OF SALE OR
LEASE,  and  the  name  of the purchaser or seller for all such property
sold or bought by the authority during such period; (8) such authority's
code of ethics; (9) an assessment of the effectiveness of  its  internal
control  structure  and  procedures; (10) a copy of the legislation that
forms the statutory basis of the authority; (11) a  description  of  the
authority and its board structure, including (i) names of committees and
committee  members,  (ii)  lists of board meetings and attendance, (iii)
descriptions of major authority units, subsidiaries, [and]  (iv)  number
of  employees,  AND  (V) ORGANIZATIONAL CHART; (12) its charter, if any,
and by-laws; (13) a  listing  of  material  changes  in  operations  and
programs during the reporting year; (14) at a minimum a four-year finan-
cial  plan,  including  (i)  a current and projected capital budget, and
(ii) an operating budget report, including an  actual  versus  estimated
budget,  with  an  analysis  and  measurement of financial and operating
performance; (15) its board performance evaluations,  INCLUDING  ATTEND-
ANCE  AND  VOTING RECORDS BY EACH BOARD MEMBER; [provided, however, that
such evaluations shall not be subject to disclosure under article six of
the public officers law;] (16) a description of  the  total  amounts  of
assets,  services  or  both  assets  and services bought or sold without
competitive bidding, including  (i)  the  nature  of  those  assets  and
services,  (ii)  the  names  of  the counterparties, and (iii) where the
contract price for assets purchased exceeds fair market value, or  where
the  contract  price  for  assets sold is less than fair market value, a
detailed explanation of the justification for  making  the  purchase  or
sale without competitive bidding, and a certification by the chief exec-
utive  officer  and chief financial officer of the public authority that
they have reviewed the terms of such purchase  or  sale  and  determined
that  it  complies  with  applicable law and procurement guidelines; and
(17) a description of any  material  pending  litigation  in  which  the
authority  is involved as a party during the reporting year, except that
no hospital need disclose information about pending  malpractice  claims
beyond the existence of such claims.
  (a) Every local authority, continued or created by this chapter or any
other  chapter  of the laws of the state of New York shall submit to the
chief executive officer, the chief fiscal officer,  the  chairperson  of
the  legislative  body  of the local government or local governments and
the authorities budget office, within ninety days after the end  of  its
fiscal  year,  a  complete and detailed report or reports setting forth:
(1) its operations  and  accomplishments;  (2)  its  financial  reports,
including (i) audited financials in accordance with all applicable regu-
lations  and  following  generally  accepted  accounting  principles  as
defined in subdivision ten of section two of the state finance law, (ii)
grants and subsidy programs, (iii) operating and financial  risks,  (iv)
current ratings if any, of its bonds issued by recognized municipal bond
rating agencies and notice of changes in such ratings, and (v) long-term
liabilities,  including  leases  and  employee  benefit  plans;  (3) its
mission statement and measurements including its most recent measurement
report; (4) a schedule of its bonds and notes outstanding at the end  of
its  fiscal  year, together with a statement of the amounts redeemed and
incurred during such fiscal year as part of a schedule of debt  issuance
that  includes  the  date  of  issuance, term, amount, interest rate and
means of repayment. Additionally, the debt schedule shall  also  include
all  refinancings,  calls,  refundings,  defeasements  and interest rate

S. 6870                            14

exchange or other such agreements, and for any debt  issued  during  the
reporting year, the schedule shall also include a detailed list of costs
of  issuance  for  such debt; (5) a compensation schedule in addition to
the  report  described in section twenty-eight hundred six of this title
that shall include, by position, title and name of  the  person  holding
such position or title, the salary, compensation, allowance and/or bene-
fits  provided to any officer, director or employee in a decision making
or managerial position of such authority whose salary is  in  excess  of
one  hundred  thousand  dollars;  (5-a)  biographical  information,  not
including confidential personal information, for all directors and offi-
cers and employees for whom salary reporting is required under  subpara-
graph  five  of  this  paragraph;  (6)  the  projects undertaken by such
authority during the past year, MADE AVAILABLE TO THE PUBLIC IN AN ELEC-
TRONIC NON-PROPRIETARY AND DOWNLOADABLE DATABASE, THAT SHALL INCLUDE BUT
NOT BE LIMITED TO: (I) PROJECT DESCRIPTION:  (A)  NAME  AND  ADDRESS  OF
PROJECT  APPLICANT, INCLUDING NAMES OF PRINCIPAL OFFICERS, ANY PARENT OR
SUBSIDIARY CORPORATIONS AND MAJOR SHAREHOLDERS; (B)  NAME  OF  THE  SITE
CONSULTANTS,  PROJECT  ARCHITECT,  ENGINEER AND CONTRACTORS; (C) PROJECT
DESCRIPTION, INCLUDING ADDRESS, BLOCK AND  LOT,  PROPERTY  AND  BUILDING
SIZE, PROPOSED START AND COMPLETION DATES FOR THE FINANCIAL TRANSACTION,
PROJECT  GOALS,  AND DESCRIPTION OF PROJECT TENANTS; (D) ELECTRONIC LINK
TO THE FINAL APPLICATION, THE FINANCIAL ASSISTANCE AGREEMENT,  THE  COST
BENEFIT  ANALYSIS,  ENVIRONMENTAL IMPACT ASSESSMENT AND/OR ENVIRONMENTAL
IMPACT STATEMENT, AND  WHERE  APPLICABLE  THE  QUARTERLY  TARGETED  HIRE
REPORT;  (E)  WHETHER  PROJECT  IS  LOCATED  IN AN AREA OF HIGH ECONOMIC
DISTRESS OR ON A BROWNFIELD OPPORTUNITY AREA; (F) THE AMOUNT,  TYPE  AND
DATE  OF  CAPITAL INVESTMENT TO BE PROVIDED BY THE RECIPIENT, ORIGINALLY
COMMITTED AND TO DATE; (G) AMOUNT, TYPE, AND DATE OF PUBLIC  INFRASTRUC-
TURE  INVESTMENTS  MADE  BY RECIPIENT, ORIGINALLY COMMITTED AND TO DATE;
(H) AMOUNT  AND  TYPE  OF  AFFORDABLE  HOUSING  TO  BE  BUILT,  IF  ANY,
ORIGINALLY  COMMITTED  AND  TO DATE; (I) NAICS CODE FOR PROJECT; (J) THE
PUBLIC PURPOSE OF THE PROJECT; (K) AMOUNT AND TYPE OF POINT  SOURCE  AND
NON-POINT  SOURCE POLLUTION RESULTING FROM THE PROJECT, IF ANY, ANNUALLY
AND TO DATE; (L) AMOUNT AND TYPE OF  ENERGY  USE  AT  PROJECT  LOCATION,
ORIGINALLY  BENCHMARKED  AND  TO  DATE; AND (M) AMOUNT OF GREENHOUSE GAS
EMISSIONS AT PROJECT LOCATION ORIGINALLY BENCHMARKED AND TO DATE.
  (II) FINANCIAL ASSISTANCE: (A) CATEGORIZED DESCRIPTION  OF  THE  TOTAL
AMOUNT  AND  TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY OVER
THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT  COMMIT-
TED  DURING  THE  PRIOR FISCAL YEAR, INCLUDING THE VALUE OF ANY PROPERTY
SOLD OR LEASED AT LESS THAN FAIR MARKET VALUE; (B)  DESCRIPTION  OF  THE
NET  AMOUNT  AND  TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY
OVER THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED  TO  DATE,  AND  AMOUNT
COMMITTED  DURING  THE  PRIOR  FISCAL  YEAR,  AND  WHERE APPLICABLE, THE
AMOUNT, TYPE, AND DATE OF PILOT PAYMENTS BY TAX  JURISDICTION,  ORIGINAL
AND  TO  DATE;  (C)  ATTACHMENT OF THE YEARLY SCHEDULE OF EXEMPTIONS AND
OTHER BENEFITS COMMITTED BY THE AUTHORITY FOR EACH YEAR OF THE  LIFE  OF
THE  DEAL;  (D)  AMOUNT  OF PUBLIC ASSISTANCE, TOTAL, BY PROGRAM, AND BY
TYPE OF FINANCIAL ASSISTANCE, COMMITTED TO  THE  PROJECT  BY  ALL  OTHER
FEDERAL,  STATE,  COUNTY,  AND  LOCAL  PROGRAMS  AS  OF  THE DATE OF THE
EXECUTION OF THE AGREEMENT, AS WELL AS  UPDATED  FOR  THE  PRIOR  FISCAL
YEAR;  AND (E) AMOUNT AND TYPE OF INFRASTRUCTURE INVESTMENTS INCURRED BY
FEDERAL, STATE, COUNTY, AND LOCAL GOVERNMENTS ON BEHALF OF PROJECT.
  (III) PROJECT CRITERIA, WHERE APPLICABLE:  (A)  NUMBER  AND  TYPES  OF
FULL-TIME  AND  PART-TIME  JOBS  EXISTING AT THE PROJECT ON THE DATE THE
ORIGINAL AGREEMENT WAS EXECUTED, AND  MEDIAN  ANNUAL  WAGE  AND  BENEFIT

S. 6870                            15

LEVELS  BY  JOB  CLASSIFICATION;  (B)  NUMBER AND TYPES OF FULL-TIME AND
PART-TIME JOBS ORIGINALLY COMMITTED, AS PER FINANCIAL ASSISTANCE  AGREE-
MENT,  AND  MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION;
(C)  NUMBER OF FULL TIME AND PART TIME JOBS RETAINED TO DATE; (D) NUMBER
OF FULL TIME AND PART TIME CONSTRUCTION JOBS CREATED BY APPLICANT AND BY
PROJECT TENANTS TO DATE; (E) NUMBER OF FULL TIME AND PART TIME  NON-CON-
STRUCTION  JOBS CREATED BY APPLICANT AND BY PROJECT TENANTS TO DATE; (F)
MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF FULL TIME
AND PART  TIME,  CONSTRUCTION  AND  NON-CONSTRUCTION  JOBS  CREATED  AND
RETAINED  TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND NON-CON-
STRUCTION JOBS; (H) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE  OF
NEW  YORK  RESIDENTS,  SEPARATED  BY  CONSTRUCTION  AND NON-CONSTRUCTION
EMPLOYEES; (I) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL
RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN STATISTICAL
AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY  NOT  WITHIN
AN  MSA  OR MISA, IN WHICH THE PROJECT OCCURS, SEPARATED BY CONSTRUCTION
AND NON-CONSTRUCTION EMPLOYEES; (J) RECIPIENT USE OF UNION  CONSTRUCTION
APPRENTICESHIP   PROGRAMS  OR  ANY  OTHER  LOCAL  WORKFORCE  DEVELOPMENT
PROGRAM, ORIGINAL AND TO DATE; (K) WHETHER OR NOT THE  PROJECT  COMPLIED
WITH  EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY
ACT; (L) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (M)  WHETHER  OR
NOT THE PROJECT HAS MET EACH BENCHMARK AND IF NOT, THE FINANCIAL ASSIST-
ANCE  AMOUNT THE AUTHORITY HAS RECAPTURED DURING THE CURRENT YEAR AND TO
DATE; (N) WHETHER THE PROJECT HAS A SUBSIDY RECAPTURE PROVISION.
  (IV) OTHER: (A) WHETHER RECIPIENT, ITS  OFFICERS,  PRINCIPALS,  PARENT
COMPANY,  SUBSIDIARIES  OR  MAJOR  SHAREHOLDERS  HAVE  (1)  VIOLATED THE
PREVAILING WAGE LAW UNDER ARTICLE EIGHT OF THE LABOR LAW OR THE  FEDERAL
DAVIS-BACON  ACT;  (2)  VIOLATED STATE OR FEDERAL LAWS RELATING TO UNEM-
PLOYMENT COMPENSATION, WORKERS' COMPENSATION,  OCCUPATIONAL  HEALTH  AND
SAFETY,  EMPLOYEE  MISCLASSIFICATION,  EMPLOYMENT DISABILITY, EMPLOYMENT
DISCRIMINATION, OR OTHER LABOR LAWS; (3) VIOLATED STATE OR FEDERAL ENVI-
RONMENTAL PROTECTION LAWS; (4) FAILED TO FILE FEDERAL,  STATE  OR  LOCAL
TAX  RETURNS, ANY TAX LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS OF
AGREEMENTS OR LAWS UNDER WHICH A TAX  CREDIT,  TAX  EXEMPTION,  LOAN  OR
GRANT WAS AWARDED BY ANY FEDERAL, STATE OR LOCAL ENTITY; AND (5) DISCLO-
SURE OF ANY INVESTIGATIONS STARTED OR PENDING; (B) A DESCRIPTION OF SUCH
VIOLATIONS;  AND  (C) A STATEMENT AS TO WHETHER THE USE OF THE FINANCIAL
ASSISTANCE DURING THE PREVIOUS FISCAL YEAR HAS REDUCED EMPLOYMENT AT ANY
OTHER SITE CONTROLLED BY THE  RECIPIENT  CORPORATION  OR  ITS  CORPORATE
PARENT,  WITHIN  OR WITHOUT THE STATE AS A RESULT OF AUTOMATION, MERGER,
ACQUISITION, CORPORATE RESTRUCTURING OR OTHER BUSINESS ACTIVITY.
  (V) PRIOR PROJECTS. WHERE INFORMATION REQUESTED UNDER SUBDIVISION  TWO
OF  THIS SECTION IS NOT REQUIRED TO BE COLLECTED BECAUSE THE PROJECT WAS
APPROVED PRIOR TO THE ADOPTION OF THIS LAW, IT SHALL BE NOTED ACCORDING-
LY IN THE REPORT.
  (VI) THE DATABASE SHALL BE FOR THE PERIOD COMMENCING ON THE DATE  THAT
THE FINANCIAL ASSISTANCE AGREEMENT AND ANY OTHER DOCUMENTS APPLICABLE TO
SUCH  PROJECT HAVE BEEN EXECUTED THROUGH THE FINAL YEAR THAT SUCH ENTITY
RECEIVES ASSISTANCE FOR SUCH PROJECT. AT SUCH POINT, DATA ON  RECIPIENTS
OF  FINANCIAL  ASSISTANCE SHALL BE ARCHIVED AND AVAILABLE TO THE PUBLIC;
(7) a listing and description AVAILABLE TO THE PUBLIC IN A  NON-PROPRIE-
TARY  ELECTRONIC  DATABASE,  in addition to the report required by para-
graph a of subdivision three of section twenty-eight hundred  ninety-six
of  this  article of all real property of such authority having an esti-
mated fair market value in excess of fifteen thousand dollars  that  the
authority  acquires  or  disposes  of  THROUGH SALE OR LEASE during such

S. 6870                            16

period. The report shall contain the  price  received  or  paid  by  the
authority,  THE  FAIR MARKET VALUE AT THE TIME OF SALE OR LEASE, and the
name of the purchaser or seller for all such property sold or bought  by
the  authority  during such period; (8) such authority's code of ethics;
(9) an assessment of the effectiveness of its internal control structure
and procedures; (10) a copy of the legislation that forms the  statutory
basis  of  the  authority;  (11)  a description of the authority and its
board  structure,  including  (i)  names  of  committees  and  committee
members, (ii) lists of board meetings and attendance, (iii) descriptions
of  major  authority  units, subsidiaries, (iv) number of employees, and
(v) organizational chart; (12) its charter, if any, and by-laws; (13)  a
listing  of  material  changes  in  operations  and  programs during the
reporting year; (14) at a minimum a four-year financial plan,  including
(i) a current and projected capital budget, and (ii) an operating budget
report,  including  an  actual versus estimated budget, with an analysis
and measurement of financial and operating performance; (15)  its  board
performance  evaluations [provided, however, that such evaluations shall
not be subject to disclosure under article six of  the  public  officers
law],  INCLUDING  ATTENDANCE,  VOTING  RECORDS BY EACH BOARD MEMBER, AND
CATEGORIZATION OF EACH BOARD MEMBER  ACCORDING  TO  SECTION  TWENTY-NINE
HUNDRED  NINETY-SIX  OF  THIS  ARTICLE;  (16) a description of the total
amounts of assets, services or both assets and services bought  or  sold
without  competitive  bidding,  including (i) the nature of those assets
and services, (ii) the names of the counterparties, and (iii) where  the
contract  price for assets purchased exceeds fair market value, or where
the contract price for assets sold is less than  fair  market  value,  a
detailed  explanation  of  the  justification for making the purchase or
sale without competitive bidding, and a certification by the chief exec-
utive officer and chief financial officer of the public  authority  that
they  have  reviewed  the  terms of such purchase or sale and determined
that it complies with applicable law  and  procurement  guidelines;  and
(17)  a  description  of  any  material  pending litigation in which the
authority is involved as a party during the reporting year, except  that
no  provider of medical services need disclose information about pending
malpractice claims beyond the existence of such claims.
  S 6. Subdivision 1 of section 2800 of the public  authorities  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED AS PROHIBITING OR
CONFLICTING WITH ANY LAW OR OBLIGATION THAT  REQUIRES  HIGHER  STANDARDS
FOR ANNUAL REPORTING BY A STATE PUBLIC AUTHORITY.
  S  7.  Subdivision  2 of section 2800 of the public authorities law is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C) THE AUTHORITIES BUDGET OFFICE SHALL MAKE ACCESSIBLE TO THE PUBLIC,
VIA ITS OFFICIAL OR SHARED INTERNET WEB SITE,  DOCUMENTATION  PERTAINING
TO  EACH  AUTHORITY'S  MISSION,  CURRENT  ACTIVITIES, MOST RECENT ANNUAL
FINANCIAL REPORTS, CURRENT YEAR BUDGET AND ITS MOST  RECENT  INDEPENDENT
AUDIT  REPORT  UNLESS  SUCH INFORMATION IS COVERED BY SUBDIVISION TWO OF
SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.
  (D) NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  PROHIBITING  OR
CONFLICTING  WITH  ANY  LAW OR OBLIGATION THAT REQUIRES HIGHER STANDARDS
FOR ANNUAL REPORTING BY A LOCAL PUBLIC AUTHORITY.
  S 8. This act shall take effect on the ninetieth day  after  it  shall
have  become  a  law, provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule  or  regulation  necessary
for  the  implementation of this act on its effective date is authorized
to be made and completed on or before such date.

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