S T A T E O F N E W Y O R K
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8175--A
2017-2018 Regular Sessions
I N A S S E M B L Y
June 1, 2017
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Introduced by M. of A. SCHIMMINGER, THIELE, SEPULVEDA, ABINANTI, STIRPE,
LUPARDO, BRONSON, JENNE, MAGNARELLI, JAFFEE, D'URSO, ORTIZ, WALTER,
OAKS, FAHY, BUCHWALD, SKOUFIS, NORRIS, COLTON, HARRIS, ABBATE, McDO-
NALD, CUSICK, TAYLOR, HUNTER -- Multi-Sponsored by -- M. of A. CAHILL,
CRESPO, ENGLEBRIGHT, SIMON -- read once and referred to the Committee
on Economic Development -- recommitted to the Committee on Ways and
Means in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the New York state urban development corporation act and
the economic development law, in relation to the creation of a search-
able database
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 52 to read as follows:
§ 52. REPORTING. (1) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN AND INCLUDE THE FOLLOW-
ING:
(I) AVAILABLE STATE RESOURCES AND/OR FUNDS INCLUDING, BUT NOT LIMITED
TO, STATE GRANTS, LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES,
AND/OR SUBSIDIES; AND/OR
(II) TAX CREDITS, TAX EXEMPTIONS OR REDUCED TAX RATES AND/OR BENEFITS
WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY A STATE AGENCY;
AND
(A-1) "EMPIRE STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE
ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO THE URBAN DEVELOPMENT
CORPORATION AND/OR THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO AWARD SUCH
BENEFITS TO QUALIFIED RECIPIENTS, OR THOSE ECONOMIC DEVELOPMENT BENEFITS
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11284-13-8
A. 8175--A 2
WHICH ARE ALLOCATED TO THE CORPORATION AND/OR SUCH DEPARTMENT BUT ARE
SUBSEQUENTLY ALLOCATED TO ANOTHER STATE AGENCY OR OTHER INDEPENDENT
ENTITIES FOR THEM TO MAKE SUCH AWARDS TO QUALIFIED RECIPIENTS;
(A-2) "AGGREGATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE BENE-
FITS PROVIDED FOR IN PARAGRAPHS (A) AND (A-1) OF THIS SUBDIVISION AND
DISPLAYED SEPARATELY IN THE DATABASE CREATED PURSUANT TO SUBDIVISION TWO
OF THIS SECTION;
(B) "QUALIFIED PARTICIPANT" SHALL MEAN AN INDIVIDUAL, BUSINESS, LIMIT-
ED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND
RECEIVED APPROVAL FOR AND/OR IS THE BENEFICIARY OF, ANY AGGREGATE
ECONOMIC DEVELOPMENT BENEFITS OF TEN THOUSAND DOLLARS OR MORE PER
PROJECT;
(C) "NEW YORK STATE AGENCY" SHALL MEAN ANY STATE DEPARTMENT, BOARD,
BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
RATION, COUNCIL, OFFICE OR OTHER STATE GOVERNMENTAL ENTITY PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE, AS WELL AS ENTITIES
CREATED BY ANY OF THE PRECEDING OR THAT ARE GOVERNED BY A BOARD OF
DIRECTORS OR SIMILAR BODY A MAJORITY OF WHICH IS DESIGNATED BY ONE OR
MORE STATE OFFICIALS;
(D) "FULL-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS
EMPLOYED BY A QUALIFIED PARTICIPANT FOR AT LEAST THIRTY-FIVE HOURS A
WEEK;
(E) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE WHICH IS EQUAL
TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION;
(F) "PART-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS
EMPLOYED BY A QUALIFIED PARTICIPANT FOR LESS THAN THIRTY-FIVE HOURS A
WEEK; AND
(G) "CONTRACT JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
(2) SEARCHABLE STATE SUBSIDY AND AGGREGATE ECONOMIC DEVELOPMENT BENE-
FITS DATABASE. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE CORPO-
RATION, IN COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT,
SHALL CREATE A SEARCHABLE DATABASE, OR MODIFY AN EXISTING ONE, DISPLAY-
ING EMPIRE STATE ECONOMIC DEVELOPMENT BENEFITS THAT A QUALIFIED PARTIC-
IPANT HAS BEEN AWARDED. SUCH DATABASE SHALL ALSO DISPLAY OTHER EMPIRE
STATE ECONOMIC DEVELOPMENT BENEFITS SUCH QUALIFIED PARTICIPANT HAS
RECEIVED FROM ANOTHER STATE AGENCY PROVIDED THAT IT IS FOR THE SAME
PARTICULAR PROJECT WHICH RECEIVED THE EMPIRE STATE ECONOMIC DEVELOPMENT
BENEFITS. SUCH SEARCHABLE DATABASE SHALL INCLUDE, AT A MINIMUM, THE
FOLLOWING FEATURES AND FUNCTIONALITY:
(A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
MATION TO THE CORPORATION AND FOR THE PUBLIC VIEWER TO SHOW A QUALIFIED
PARTICIPANT WHICH IS A RECIPIENT OF AN AGGREGATE ECONOMIC DEVELOPMENT
BENEFIT AND VIEW A LIST OF ALL TYPES AND AMOUNTS OF BENEFITS RECEIVED BY
A QUALIFIED PARTICIPANT;
(B) FOR THE PRIOR STATE FISCAL YEAR, THE FOLLOWING INFORMATION:
(I) A QUALIFIED PARTICIPANT'S NAME AND PROJECT, PROJECT LOCATION,
PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL OR ZIP CODE IN A SEPA-
RATE SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE;
(II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR
HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
(III) THE TYPE OF SUCH AGGREGATE ECONOMIC DEVELOPMENT BENEFITS
PROVIDED TO A QUALIFIED PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM
OR PROGRAMS THROUGH WHICH AGGREGATE ECONOMIC DEVELOPMENT BENEFITS ARE
PROVIDED;
A. 8175--A 3
(IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL SITES UTILIZING SUCH AGGRE-
GATE ECONOMIC DEVELOPMENT BENEFITS AT THE TIME OF THE AGREEMENT INCLUD-
ING THE NUMBER OF PERMANENT FULL-TIME JOBS, THE NUMBER OF PERMANENT
PART-TIME JOBS, THE NUMBER OF FULL-TIME EQUIVALENTS, AND THE NUMBER OF
CONTRACT EMPLOYEES;
(V) FOR ANY AGGREGATE ECONOMIC DEVELOPMENT BENEFIT THAT PROVIDES FOR
JOB RETENTION AND CREATION THAT A QUALIFIED PARTICIPANT RECEIVING AGGRE-
GATE ECONOMIC DEVELOPMENT BENEFITS IS CONTRACTUALLY OBLIGATED TO RETAIN
AND CREATE OVER THE LIFE OF THE PROJECT UTILIZING SUCH AGGREGATE ECONOM-
IC DEVELOPMENT BENEFITS, EXCEPT THAT SUCH INFORMATION SHALL BE REPORTED
ON AN ANNUAL BASIS FOR AGREEMENTS CONTAINING ANNUAL JOB RETENTION OR
CREATION REQUIREMENTS, AND FOR EACH REPORTING YEAR, THE BASE EMPLOYMENT
LEVEL THE ENTITY RECEIVING AGGREGATE ECONOMIC DEVELOPMENT BENEFITS
AGREES TO RETAIN OVER THE LIFE OF THE PROJECT UTILIZING SUCH AGGREGATE
ECONOMIC DEVELOPMENT BENEFITS, ANY JOB CREATION SCHEDULED TO TAKE PLACE
AS A RESULT OF THE PROJECT UTILIZING SUCH AGGREGATE ECONOMIC DEVELOPMENT
BENEFITS AND WHERE APPLICABLE, ANY JOB CREATION TARGETS FOR THE CURRENT
REPORTING YEAR;
(VI) THE AMOUNT OF AGGREGATE ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY
A QUALIFIED PARTICIPANT DURING THE YEAR COVERED BY THE REPORT, THE
AMOUNT OF AGGREGATE ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A QUALI-
FIED PARTICIPANT SINCE THE BEGINNING OF THE PROJECT PERIOD, AND THE
PRESENT VALUE OF THE FURTHER AGGREGATE ECONOMIC DEVELOPMENT BENEFITS
COMMITTED TO BY THE STATE, BUT NOT YET RECEIVED BY A QUALIFIED PARTIC-
IPANT FOR THE DURATION OF THE PROJECT;
(VII) FOR THE CURRENT REPORTING YEAR, THE TOTAL ACTUAL NUMBER OF
EMPLOYEES AT ALL SITES COVERED BY THE PROJECT UTILIZING SUCH AGGREGATE
ECONOMIC DEVELOPMENT BENEFITS, INCLUDING THE NUMBER OF PERMANENT FULL-
TIME JOBS, THE NUMBER OF PERMANENT PART-TIME JOBS, THE NUMBER OF
CONTRACT JOBS, THE NUMBER OF JOBS FILLED BY MINORITIES OR WOMEN.
(VIII) A STATEMENT OF COMPLIANCE INDICATING WHETHER, DURING THE
CURRENT REPORTING YEAR, THE CORPORATION AND/OR ANY OTHER STATE AGENCY
HAS REDUCED, CANCELLED OR RECAPTURED AGGREGATE ECONOMIC DEVELOPMENT
BENEFITS FROM A QUALIFIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF
THE REDUCTION, CANCELLATION OR RECAPTURE, AND ANY PENALTY ASSESSED AND
THE REASONS THEREFOR.
(C) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
TO CREATE UNIQUE DATABASE VIEWS;
(D) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
IN A COMMON MACHINE READABLE FORMAT;
(E) THE ABILITY TO VIEW AND DOWNLOAD CONTRACTS OR AWARD AGREEMENTS FOR
EACH AGGREGATE ECONOMIC DEVELOPMENT BENEFIT RECEIVED BY THE QUALIFIED
PARTICIPANT TO THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE AVAIL-
ABLE TO THE PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW;
(F) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
AND
(G) A SUMMARY OF EACH AGGREGATE ECONOMIC DEVELOPMENT BENEFIT AVAILABLE
TO QUALIFIED PARTICIPANTS.
(3) CERTIFICATION REGARDING REPORTING. THE CORPORATION SHALL CERTIFY
TO THE NEW YORK STATE AUTHORITIES BUDGET OFFICE, THE CORPORATION'S BOARD
OF DIRECTORS AND POST TO ITS WEBSITE THAT IT HAS FULFILLED ALL OF ITS
REPORTING REQUIREMENTS AS REQUIRED BY LAW, RULES, REGULATIONS, OR EXECU-
TIVE ORDERS. THE CORPORATION SHALL PROVIDE A LIST OF ALL REPORTS, THE
DUE DATES OF SUCH REPORTS, AND CERTIFY TO THE NEW YORK STATE AUTHORITIES
BUDGET OFFICE AND THE CORPORATION'S BOARD OF DIRECTORS, THAT EACH REPORT
A. 8175--A 4
HAS BEEN SUBMITTED TO THE INDIVIDUAL, OFFICE, OR ENTITY AS PRESCRIBED BY
APPLICABLE LAWS, RULES, AND REGULATIONS.
(4) DATABASE REPORTING. THE CORPORATION MAY REQUEST ANY DATA FROM
QUALIFIED PARTICIPANTS, WHICH IS NECESSARY AND REQUIRED IN DEVELOPING,
UPDATING AND MAINTAINING THE SEARCHABLE DATABASE. SUCH QUALIFIED
PARTICIPANTS SHALL PROVIDE ANY SUCH INFORMATION REQUESTED BY THE CORPO-
RATION. BEGINNING ON JUNE FIRST, TWO THOUSAND NINETEEN, THE CORPORATION
SHALL MAKE ALL REPORTED DATA ON SUCH DATABASE AVAILABLE TO THE PUBLIC ON
ITS WEBSITE. SUCH DATABASE SHALL BE UPDATED ON A QUARTERLY BASIS WITH
QUALIFIED PARTICIPANTS ADDED TO ANY PROGRAMS AND ANY NEW DATA PROVIDED
BY EXISTING QUALIFIED PARTICIPANTS REQUIRED REPORTING.
(5) REPORTING. THE CORPORATION'S SENIOR STAFF SHALL REPORT ON A QUAR-
TERLY BASIS, TO THE CORPORATION'S BOARD OF DIRECTORS WITH A STATUS
UPDATE ON THE DEVELOPMENT AND MAINTENANCE OF THE SEARCHABLE DATABASE.
§ 2. Section 100 of the economic development law is amended by adding
a new subdivision 18-j to read as follows:
18-J. TO ASSIST THE URBAN DEVELOPMENT CORPORATION TO ESTABLISH A
SEARCHABLE DATABASE PURSUANT TO SECTION FIFTY-TWO OF THE URBAN DEVELOP-
MENT CORPORATION ACT.
§ 3. 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 effective date.