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

                                  6286

                            I N  S E N A T E

                               (PREFILED)

                             January 6, 2016
                               ___________

Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the executive law, in  relation  to  directing  agencies
  that  provide  grants and tax expenditures for the purpose of economic
  development to make comprehensive information on such grants  and  tax
  expenditures accessible to the public on a searchable website

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

  Section 1. Short title. This act shall be known and may  be  cited  as
the "online economic development grants and tax expenditures transparen-
cy act".
  S  2. The executive law is amended by adding a new section 184 to read
as follows:
  S 184. ONLINE ECONOMIC DEVELOPMENT GRANTS AND TAX EXPENDITURES  TRANS-
PARENCY. 1. AS USED IN THIS SECTION:
  (A) "SEARCHABLE ECONOMIC DEVELOPMENT GRANTS AND TAX EXPENDITURES DATA-
BASE  WEBSITE" SHALL MEAN A WEBSITE THAT ALLOWS THE PUBLIC AT NO COST TO
SEARCH FOR, OBTAIN, AND AGGREGATE THE  INFORMATION  IDENTIFIED  IN  THIS
SECTION,  WHICH  INCLUDES GRANTS AND TAX EXPENDITURES FOR THE PURPOSE OF
ECONOMIC DEVELOPMENT.
  (B) "ENTITY AND/OR RECIPIENTS" SHALL  MEAN  ANY  CORPORATION,  ASSOCI-
ATION,  LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR ANY
OTHER LEGAL BUSINESS ENTITY WHO RECEIVES AN ECONOMIC  DEVELOPMENT  GRANT
OR  TAX  EXPENDITURE  FOR  THE  PURPOSE OF ECONOMIC DEVELOPMENT FROM THE
EMPIRE STATE DEVELOPMENT CORPORATION, THE DEPARTMENT OF ECONOMIC  DEVEL-
OPMENT  OR  ANY  OTHER  STATE ENTITY. IT SHALL ALSO INCLUDE ANY ECONOMIC
DEVELOPMENT GRANTEE OR SUB-GRANTEE, TAX EXPENDITURE BENEFICIARY  OR  TAX
EXPENDITURE  SUB-BENEFICIARY,  CONTRACTOR OR SUBCONTRACTOR, COUNTY, CITY
OR OTHER LOCAL GOVERNMENT ENTITY.
  (C) "AGENCY" SHALL MEAN ANY STATE DEPARTMENT, OFFICE,  BOARD,  COMMIS-
SION, BUREAU, DIVISION, INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION.
"AGENCY"  SPECIFICALLY  INCLUDES  ANY AUTHORITY CREATED BY AN ACT OF THE
STATE LEGISLATURE, INCLUDING THOSE AUTHORITIES NOT RECEIVING  STATE  TAX

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD13294-01-5

S. 6286                             2

REVENUE.  THIS  INCLUDES INDIVIDUAL STATE AGENCIES AND PROGRAMS, AS WELL
AS THOSE PROGRAMS AND ACTIVITIES  THAT  CROSS  AGENCY  LINES,  AND  ALSO
INCLUDES  ALL ELECTIVE OFFICES IN THE EXECUTIVE BRANCH OF GOVERNMENT AND
THE LEGISLATURE.
  (D)  "FUNDING  SOURCE"  SHALL  MEAN  THE  STATE ACCOUNT FROM WHICH THE
EXPENDITURE IS APPROPRIATED.
  (E) "FUNDING ACTION OR EXPENDITURE" SHALL INCLUDE DETAILS ON THE  TYPE
OF  SPENDING, BOTH APPROPRIATED EXPENDITURES, SUCH AS GRANTS, CONTRACTS,
AND APPROPRIATIONS, AND TAX EXPENDITURES,  AS  DEFINED  BY  SECTION  ONE
HUNDRED  EIGHTY-ONE  OF  THIS ARTICLE AS IT RELATES TO ECONOMIC DEVELOP-
MENT. WHERE POSSIBLE, A HYPERLINK TO  THE  ACTUAL  GRANTS  OR  CONTRACTS
SHALL BE PROVIDED.
  (F)  "EXPECTED OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSI-
DIES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT, INCLUDING TAX  EXEMPTIONS,
CREDITS,  DIRECT  GRANTS,  OR  INFRASTRUCTURE ASSISTANCE, THE NUMBER AND
QUALITY OF JOBS TO BE CREATED OR RETAINED, INCLUDING WAGES AND BENEFITS,
THE DATE THE JOB GOALS WILL BE REACHED, THE ESTIMATED  INCREASE  TO  THE
STATE  TAX  BASE, AND WHETHER THE FUNDED PROJECT INVOLVES THE RELOCATION
OF JOBS AND IF SO HOW MANY AND FROM WHERE.
  (G) "FINAL OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE  SUBSIDIES
FOR THE PURPOSE OF ECONOMIC DEVELOPMENT, INCLUDING TAX EXEMPTIONS, CRED-
ITS, DIRECT GRANTS, OR INFRASTRUCTURE ASSISTANCE, THE NUMBER AND QUALITY
OF  JOBS ACTUALLY CREATED OR RETAINED, INCLUDING WAGES AND BENEFITS, AND
THE ACTUAL INCREASE TO THE STATE TAX BASE FOR THE FISCAL YEAR  IN  WHICH
BENEFIT  WAS  GIVEN.  THE OUTCOMES ACHIEVED SHALL ALSO INCLUDE ANY MONEY
RECAPTURED  FROM  CORPORATE  SUBSIDY  RECIPIENTS  FOR  FAILURE  TO  MEET
EXPECTED PERFORMANCE OUTCOMES.
  (H)  "STATE  AUDIT OR REPORT" SHALL INCLUDE ANY AUDIT OR REPORT ISSUED
BY THE  COMPTROLLER,  ATTORNEY  GENERAL,  AGENCY,  LEGISLATIVE  AUDITOR,
LEGISLATIVE COMMITTEE, OR EXECUTIVE BODY RELATING TO THE PAST OR CURRENT
PERFORMANCE   OF  THE  ENTITY  OR  RECIPIENT  OF  FUNDS  OR  THE  BUDGET
PROGRAM/ACTIVITY OR AGENCY FOR THE PURPOSE OF ECONOMIC DEVELOPMENT WHICH
THE DIRECTOR OF THE BUDGET DEEMS AS RELEVANT.
  2. NO LATER THAN JANUARY FIRST, TWO THOUSAND SEVENTEEN,  THE  DIRECTOR
OF  THE OFFICE FOR TECHNOLOGY, IN COLLABORATION WITH THE DIRECTOR OF THE
BUDGET, SHALL DEVELOP A SINGLE, SEARCHABLE ECONOMIC  DEVELOPMENT  GRANTS
AND  TAX  EXPENDITURES  DATABASE  WEBSITE ACCESSIBLE BY THE PUBLIC AT NO
COST, THAT INCLUDES:
  (A) ANNUAL STATE EXPENDITURES OR FUNDING ACTIONS FOR THE  PURPOSES  OF
ECONOMIC  DEVELOPMENT  PROVIDED  TO  ANY ENTITY, RECIPIENT OR AGENCY, AS
DETERMINED BY THE DIRECTOR OF THE BUDGET INCLUDING THE NAME AND LOCATION
OF ANY SUCH ENTITY, RECIPIENT OR AGENCY, THE FUNDING SOURCE, THE  AMOUNT
OF FUNDS APPROPRIATED INCLUDING TAX EXPENDITURES OR OTHER SUBSIDIES, THE
FUNDING  AGENCY  OR  AUTHORITY,  AND A DESCRIPTION OF THE PURPOSE OF THE
FUNDING ACTION OR EXPENDITURE. IF THE FUNDING ACTION OR EXPENDITURE IS A
TAX EXPENDITURE, INFORMATION ABOUT THE  EXPECTED  OUTCOME  OF  SUCH  TAX
EXPENDITURE  SHALL  BE  INCLUDED  AND  INFORMATION  CONCERNING THE FINAL
OUTCOME SHALL BE PROVIDED WITHIN THIRTY DAYS FROM WHEN IT IS REPORTED TO
THE APPROPRIATE STATE AGENCY;
  (B) BOND DEBT PAYMENTS AND DEBT SERVICE FOR THE  PURPOSE  OF  ECONOMIC
DEVELOPMENT INCLUDING, BUT NOT LIMITED TO, AMOUNTS OF BOND INTEREST PAID
AND SOURCES OF FUNDS PAID FOR INDIVIDUAL BOND ISSUES;
  (C)  LOCAL ECONOMIC DEVELOPMENT AID TO CITIES AND TOWNS INCLUDING, BUT
NOT LIMITED TO, AMOUNTS PAID TO INDIVIDUAL UNITS OF GOVERNMENT FOR INDI-
VIDUALLY IDENTIFIABLE AID PROGRAMS;

S. 6286                             3

  (D) ANNUAL BONDED INDEBTEDNESS FOR THE PURPOSE OF ECONOMIC DEVELOPMENT
WHICH SHALL INCLUDE, BUT NOT BE LIMITED TO,  THE  AMOUNT  OF  THE  TOTAL
ORIGINAL  OBLIGATION STATED IN TERMS OF PRINCIPAL AND INTEREST, THE TERM
OF THE OBLIGATION, THE SOURCE OF FUNDING  FOR  REPAYMENT  OF  THE  OBLI-
GATION,  THE AMOUNTS OF PRINCIPAL AND INTEREST PREVIOUSLY PAID TO REDUCE
THE OBLIGATION, THE BALANCE REMAINING OF THE OBLIGATION, ANY REFINANCING
OF THE OBLIGATION, AND THE  CITED  STATUTORY  AUTHORITY  TO  ISSUE  SUCH
BONDS;
  (E) A LINK TO ANY STATE AUDIT OR REPORT; AND
  (F)  ANY  OTHER  RELEVANT INFORMATION SPECIFIED BY THE DIRECTOR OF THE
BUDGET.
  3. NO LATER THAN FEBRUARY FIRST, TWO THOUSAND SEVENTEEN, THE  DIRECTOR
OF  THE BUDGET SHALL PUT INTO OPERATION THE SEARCHABLE ECONOMIC DEVELOP-
MENT GRANTS AND TAX EXPENDITURES DATABASE WEBSITE.
  4. THE SEARCHABLE ECONOMIC DEVELOPMENT  GRANTS  AND  TAX  EXPENDITURES
DATABASE  WEBSITE  SHALL  RETAIN INFORMATION FOR EACH FISCAL YEAR ON THE
SINGLE WEBSITE FOR NOT LESS THAN TEN YEARS AND SHALL INCLUDE DATA FOR AT
LEAST THE MOST RECENT FIFTEEN FISCAL YEARS.
  5. THE DIRECTOR OF THE BUDGET SHALL  UPDATE  THE  SEARCHABLE  ECONOMIC
DEVELOPMENT  GRANTS  AND  TAX  EXPENDITURES DATABASE WEBSITE AS NEW DATA
BECOMES AVAILABLE TO HIM OR HER.  ALL  AGENCIES  SHALL  PROVIDE  TO  THE
DIRECTOR  OF  THE BUDGET ALL DATA THAT IS REQUIRED TO BE INCLUDED IN THE
SEARCHABLE ECONOMIC DEVELOPMENT GRANTS  AND  TAX  EXPENDITURES  DATABASE
WEBSITE  NOT  LATER THAN THIRTY DAYS AFTER THE DATA BECOMES AVAILABLE TO
THE AGENCY.  THE DIRECTOR OF THE BUDGET SHALL PROVIDE GUIDANCE TO AGENCY
HEADS TO ENSURE COMPLIANCE WITH THIS SECTION.
  6. NOTHING IN THIS SECTION SHALL PERMIT  OR  REQUIRE  THE  LISTING  OF
INDIVIDUAL BUSINESSES' TAX LIABILITY, PROFITS, SALES OR LOSSES.
  7. THE DIRECTOR OF THE BUDGET AND THE DIRECTOR OF THE OFFICE FOR TECH-
NOLOGY  SHALL  NOT  BE CONSIDERED IN COMPLIANCE WITH THIS SECTION IF THE
DATA REQUIRED FOR THE SEARCHABLE ECONOMIC  DEVELOPMENT  GRANTS  AND  TAX
EXPENDITURES  DATABASE  WEBSITE  IS  NOT  AVAILABLE  IN A SEARCHABLE AND
AGGREGATE MANNER OR IF  THE  PUBLIC  IS  REDIRECTED  BY  THE  SEARCHABLE
ECONOMIC  DEVELOPMENT  GRANTS  AND  TAX EXPENDITURES DATABASE WEBSITE TO
OTHER GOVERNMENT WEBSITES, UNLESS EACH OF THOSE WEBSITES  COMPLIES  WITH
THE REQUIREMENTS OF THIS SECTION.
  S  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.