NY State Senate Bill 2017-S9140

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jul 27, 2018	referred to rules

2017-S9140 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §53, UDC Act; amd §100, Ec Dev L

2017-S9140 (ACTIVE) - Summary

Relates to the creation of a searchable database; establishes a searchable database that displays Empire state economic development benefits and other state economic development benefits that qualified participants have been awarded; defines terms.

2017-S9140 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S9140

SPONSOR: BOYLE
 
TITLE OF BILL:  An act to amend the New York state urban development
corporation act and the economic development law, in relation to the
creation of a searchable database

 
PURPOSE OF THE BILL:

This bill would require the Urban Development Corporation to create and
maintain a searchable State subsidy and economic development benefits
database.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Urban Development Corporation with the
Commissioner of Economic Development to establish a searchable State
subsidy and economic development benefits database. The database would
include the name and location of the participant, the time span of
received economic development benefits, the type of benefit received,
the total number of employees at all sites of a project, the number of

jobs a participant is obligated to retain and create during the project,
the amount of economic development benefits received for the current
reporting year, and a statement of compliance indicating if any other
State agency has reduced, cancelled or recaptured economic development
benefits from a participant. The database must also have the ability to
narrow a search by individual fields, be able to be downloaded entirely
or in parts, allow contract and award agreements to be downloaded and
provide definitions for each field term and summary of each economic
development benefit available. It would be required that the UDC certi-
fies it has met the reporting requirement by posting to its website and
providing updates on a quarterly basis.

 
JUSTIFICATION:

New York State spends billions of dollars each year on economic develop-
ment programs which can be crucial tools to help our state's manufactur-
ers, small businesses, entrepreneurs, and emerging technology sectors
grow, thrive, and create jobs within the state.  However, it is abso-
lutely essential that the State's economic development programs are
administered in a responsible, transparent, and open manner, and that
the performance of the programs can be reliably and accurately measured
so that policymakers and the public are able to make informed decisions
about future allocation of the State's resources.

Entities receiving state assistance often receive subsidies from multi-
ple State funds or programs, which can have different reporting require-
ments, making it difficult for all but the most seasoned observers to
track exactly how much funding any given entity is receiving. The
current lack of clarity in reported program metrics and the flow of
economic development funds not only makes such decisions difficult, but
invites criticism and scrutiny of the public accountability and openness
of the State's programs.

To date, six other states have created and implemented searchable data-
bases which allow citizens to review programs administered by the state.
The creation of a comprehensive searchable database of all State subsidy
and economic development benefits would provide New York State citizens
and policy makers with an important tool to monitor the use of taxpayer
money to grow our state's economy and create jobs. The public deserves
to know whether their money is being invested wisely and whether they
are receiving an appropriate return on their investment.

 
PRIOR LEGISLATIVE HISTORY:

New

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
June 1st, 2019

2017-S9140 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9140
 
                             I N  S E N A T E
 
                               July 27, 2018
                                ___________
 
 Introduced  by  Sen.  BOYLE  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 53 to read as follows:
   §  53.  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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11284-15-8

 S. 9140                             2
 
 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;
   (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

 S. 9140                             3
 
 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
 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.

 S. 9140                             4
 
   (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-THREE OF THE URBAN DEVEL-
 OPMENT 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.

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Senate Bill S9140

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S9140 (ACTIVE) - Details

2017-S9140 (ACTIVE) - Summary

2017-S9140 (ACTIVE) - Sponsor Memo

2017-S9140 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9140

Share this bill

Sponsored By

Phil Boyle

Archive: Last Bill Status - In Senate Committee Rules Committee

2017-S9140 (ACTIVE) - Details

2017-S9140 (ACTIVE) - Summary

2017-S9140 (ACTIVE) - Sponsor Memo

2017-S9140 (ACTIVE) - Bill Text download pdf

Comments