Assembly Bill A3499

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3499
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced  by  M. of A. RYAN -- read once and referred 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 2017", 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08169-01-7
              

 A. 3499                             2
 
   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
 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.
   §  2.  This  act shall be known and may be cited as the "just and open
 business subsidies act (JOBS act) of 2017".
   § 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

 A. 3499                             3
 
 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.
   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.
   §  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.
   § 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-

 A. 3499                             4
 
 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
 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.
   § 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.
   § 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.

 A. 3499                             5
 
 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,
 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.
   §  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-

 A. 3499                             6
 
 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
 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.
   § 2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET. 1. FOR EACH STATE  FISCAL
 YEAR  ENDING  ON  OR  AFTER  JUNE THIRTIETH, TWO THOUSAND SEVENTEEN, 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-

 A. 3499                             7
 
 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
 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.
   § 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

 A. 3499                             8
 
 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,
 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.
   §  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.
   §  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.

 A. 3499                             9
 
   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
 (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

 A. 3499                            10
 
 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
 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.
   § 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.
   § 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

 A. 3499                            11
 
 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,
 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

 A. 3499                            12
 
 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 AGREEMENT WAS
 EXECUTED, AND MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY  JOB  CLASSIFICA-
 TION;  (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-CONSTRUCTION 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-CONSTRUCTION
 JOBS; (H)(1) NUMBER AND PERCENT OF TOTAL JOBS CREATED  TO  DATE  OF  NEW
 YORK  RESIDENTS,  SEPARATED BY CONSTRUCTION AND NON-CONSTRUCTION EMPLOY-
 EES; (2) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL RESI-
 DENTS, 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

 A. 3499                            13
 
 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
 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

 A. 3499                            14
 
 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
 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

 A. 3499                            15
 
 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
 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-

 A. 3499                            16
 
 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
 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.
   §  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.
   § 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.

 A. 3499                            17
 
   §  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 are  authorized
 to be made and completed on or before such date.