S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6311
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 5, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Economic Development
 
 AN ACT to amend the economic development law, the public authorities law
   and the New York state urban development corporation act, in  relation
   to establishing a residency requirement for state economic development
   assistance

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The economic development law is amended  by  adding  a  new
 section 107 to read as follows:
   §  107.  RESIDENCY REQUIREMENT. (1) THE DEPARTMENT SHALL REQUIRE, AS A
 CONDITION OF ANY BUSINESS INCENTIVE PROVIDED BY  OR  ON  BEHALF  OF  THE
 DEPARTMENT  TO  A RECIPIENT FIRM, THAT: (A) SUCH FIRM SHALL NOT RELOCATE
 OUTSIDE THE STATE DURING THE TERM OF SUCH BUSINESS INCENTIVE  OR  FOR  A
 PERIOD OF TEN YEARS AFTER THE AWARD OF SUCH BUSINESS INCENTIVE, WHICHEV-
 ER IS LONGER, UNLESS THE FULL AMOUNT OF SUCH ASSISTANCE IS REPAID TO THE
 STATE  AND  A  PENALTY  EQUAL  TO  FIVE  PERCENT OF THE TOTAL ASSISTANCE
 RECEIVED IS PAID TO THE STATE, AND (B) IF THE RECIPIENT  FIRM  RELOCATES
 WITHIN THE STATE DURING THE TERM OF SUCH BUSINESS ASSISTANCE IN THE CASE
 OF  A LOAN OR LOAN GUARANTEE, OR WITHIN TWO YEARS OF RECEIVING AN AWARD,
 GRANT, OR OTHER ASSISTANCE, SUCH FIRM SHALL OFFER EMPLOYMENT AT THE  NEW
 LOCATION  TO ITS EMPLOYEES FROM THE ORIGINAL LOCATION IF SUCH EMPLOYMENT
 IS AVAILABLE.
   (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON A  FINDING
 THAT  A RECIPIENT FIRM RELOCATES FROM ONE COMMUNITY TO ANOTHER COMMUNITY
 WITHIN THE STATE WITHIN TWO YEARS OF  RECEIVING  A  BUSINESS  INCENTIVE,
 SUCH  FIRM SHALL BE DEEMED INELIGIBLE TO RECEIVE ANY ADDITIONAL BUSINESS
 INCENTIVES FOR A PERIOD OF FIVE YEARS FROM THE DATE OF RELOCATION.  UPON
 A  FINDING  THAT  A RECIPIENT FIRM RELOCATES OUTSIDE OF THE STATE WITHIN
 TWO YEARS OF RECEIVING A BUSINESS INCENTIVE, SUCH FIRM SHALL  BE  DEEMED
 INELIGIBLE TO RECEIVE ANY ADDITIONAL BUSINESS INCENTIVES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10088-02-9

 A. 6311                             2
 
   (3)  A  WAIVER  OF  THE PROVISIONS OF THIS SECTION MAY BE GRANTED TO A
 RECIPIENT FIRM UPON A DETERMINATION OF A LEGITIMATE HARDSHIP PURSUANT TO
 SECTION FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   (4)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "BUSINESS INCENTIVE" MEANS ANY AWARD, CONTRACT FOR SERVICES, GRANT
 OR OTHER FINANCIAL ASSISTANCE PROVIDED BY OR ON BEHALF OF THE DEPARTMENT
 TO ASSIST AN ELIGIBLE RECIPIENT FIRM IN RETENTION OR CREATION OF JOBS IN
 THE STATE WHICH, ALONE OR IN COMBINATION WITH OTHER FINANCIAL ASSISTANCE
 PROVIDED BY A STATE AGENCY, PUBLIC AUTHORITY, OR PUBLIC  BENEFIT  CORPO-
 RATION, EXCEEDS FIVE HUNDRED THOUSAND DOLLARS;
   (B) "LEGITIMATE HARDSHIP" MEANS A CIRCUMSTANCE UNDER WHICH A RECIPIENT
 FIRM IS COMPELLED TO RELOCATE DUE TO UNFORESEEN CIRCUMSTANCES BEYOND THE
 DIRECT OR INDIRECT CONTROL OF SUCH RECIPIENT FIRM;
   (C)  "RECIPIENT  FIRM"  MEANS  ANY PERSON, FIRM, PARTNERSHIP, COMPANY,
 ASSOCIATION, OR CORPORATION THAT IS THE RECIPIENT OF A  BUSINESS  INCEN-
 TIVE; AND
   (D)  "RELOCATE"  MEANS  THE  PHYSICAL  TRANSFER OF THE OPERATIONS OF A
 RECIPIENT FIRM IN ITS ENTIRETY OR OF ANY DIVISION OF  A  RECIPIENT  FIRM
 WHICH INDEPENDENTLY RECEIVES A BUSINESS INCENTIVE FROM THE LOCATION SUCH
 BUSINESS  OR  DIVISION  OCCUPIED  AT  THE TIME IT ACCEPTED SUCH BUSINESS
 INCENTIVE.
   (5) THE DEPARTMENT SHALL ADOPT  RULES  AND  REGULATIONS  NECESSARY  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (6)  ON  OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY AND ON OR BEFORE
 SUCH DATE ANNUALLY THEREAFTER, THE COMMISSIONER SHALL SUBMIT A REPORT TO
 THE GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE  TEMPORARY  PRESIDENT
 OF  THE SENATE WITH RESPECT TO THE IMPLEMENTATION AND ENFORCEMENT OF THE
 PROVISIONS OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, A LISTING OF THOSE RECIPIENT FIRMS SUBJECT TO THE  PROVISIONS  OF
 THIS SECTION; THE TOTAL AMOUNT OF THE BUSINESS INCENTIVE ASSOCIATED WITH
 EACH  FIRM; AND THE AGGREGATE AMOUNT OF FUNDS RETURNED OR ANTICIPATED TO
 BE RETURNED TO THE STATE.
   § 2. The public authorities law is amended by  adding  a  new  section
 1803-b to read as follows:
   § 1803-B. RESIDENCY REQUIREMENT. (1) THE AUTHORITY SHALL REQUIRE, AS A
 CONDITION  OF ANY BUSINESS INCENTIVE PROVIDED TO A RECIPIENT FIRM, THAT:
 (A) SUCH RECIPIENT FIRM SHALL NOT RELOCATE OUTSIDE THE STATE DURING  THE
 TERM  OF  SUCH BUSINESS INCENTIVE OR FOR A PERIOD OF TEN YEARS AFTER THE
 AWARD OF SUCH BUSINESS INCENTIVE, WHICHEVER IS LONGER, UNLESS  THE  FULL
 AMOUNT  OF SUCH ASSISTANCE IS REPAID TO THE STATE AND A PENALTY EQUAL TO
 FIVE PERCENT OF THE TOTAL ASSISTANCE RECEIVED IS PAID TO THE STATE,  AND
 (B)  IF THE RECIPIENT FIRM RELOCATES WITHIN THE STATE DURING THE TERM OF
 SUCH BUSINESS ASSISTANCE IN THE CASE OF A LOAN  OR  LOAN  GUARANTEE,  OR
 WITHIN TWO YEARS OF RECEIVING AN AWARD, GRANT, OR OTHER ASSISTANCE, SUCH
 FIRM  SHALL  OFFER  EMPLOYMENT AT THE NEW LOCATION TO ITS EMPLOYEES FROM
 THE ORIGINAL LOCATION IF SUCH EMPLOYMENT IS AVAILABLE.
   (2) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON A  FINDING
 THAT  A RECIPIENT FIRM RELOCATES FROM ONE COMMUNITY TO ANOTHER COMMUNITY
 WITHIN THE STATE WITHIN TWO YEARS OF  RECEIVING  A  BUSINESS  INCENTIVE,
 SUCH  FIRM SHALL BE DEEMED INELIGIBLE TO RECEIVE ANY ADDITIONAL BUSINESS
 INCENTIVES FOR A PERIOD OF FIVE YEARS FROM THE DATE OF RELOCATION.  UPON
 A  FINDING  THAT  A RECIPIENT FIRM RELOCATES OUTSIDE OF THE STATE WITHIN
 TWO YEARS OF RECEIVING A BUSINESS INCENTIVE, SUCH FIRM SHALL  BE  DEEMED
 INELIGIBLE TO RECEIVE ANY ADDITIONAL BUSINESS INCENTIVES.

 A. 6311                             3
 
   (3)  A  WAIVER  OF  THE PROVISIONS OF THIS SECTION MAY BE GRANTED TO A
 RECIPIENT FIRM UPON A DETERMINATION OF A LEGITIMATE HARDSHIP PURSUANT TO
 SECTION FIFTY-ONE OF THIS CHAPTER.
   (4)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "RECIPIENT FIRM" MEANS ANY  PERSON,  FIRM,  PARTNERSHIP,  COMPANY,
 ASSOCIATION,  OR  CORPORATION THAT IS THE RECIPIENT OF A BUSINESS INCEN-
 TIVE;
   (B) "BUSINESS INCENTIVE" MEANS  ANY  AWARD,  GRANT,  INTEREST  SUBSIDY
 GRANT,  LOAN,  LOAN  GUARANTEE,  OR  OTHER  FINANCIAL ASSISTANCE THAT IS
 PROVIDED BY OR ON BEHALF OF THE AUTHORITY TO ASSIST AN ELIGIBLE  RECIPI-
 ENT  FIRM  IN  THE RETENTION OR CREATION OF JOBS IN THE STATE AND WHICH,
 ALONE OR IN COMBINATION WITH OTHER FINANCIAL ASSISTANCE  PROVIDED  BY  A
 STATE  AGENCY,  PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION, EXCEEDS
 FIVE HUNDRED THOUSAND DOLLARS;
   (C) "LEGITIMATE HARDSHIP" MEANS A CIRCUMSTANCE UNDER WHICH A RECIPIENT
 FIRM IS COMPELLED TO RELOCATE DUE TO UNFORESEEN CIRCUMSTANCES BEYOND THE
 DIRECT OR INDIRECT CONTROL OF SUCH RECIPIENT FIRM; AND
   (D) "RELOCATE" MEANS THE PHYSICAL TRANSFER  OF  THE  OPERATIONS  OF  A
 RECIPIENT  FIRM  IN  ITS ENTIRETY OR OF ANY DIVISION OF A RECIPIENT FIRM
 WHICH INDEPENDENTLY RECEIVES A BUSINESS INCENTIVE FROM THE LOCATION SUCH
 BUSINESS OR DIVISION OCCUPIED AT THE  TIME  IT  ACCEPTED  SUCH  BUSINESS
 INCENTIVE.
   (5)  THE  AUTHORITY  SHALL  ADOPT  RULES  AND REGULATIONS NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (6) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY AND ON  OR  BEFORE
 SUCH DATE ANNUALLY THEREAFTER, THE CHAIRMAN SHALL SUBMIT A REPORT TO THE
 GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF
 THE SENATE WITH RESPECT TO THE IMPLEMENTATION  AND  ENFORCEMENT  OF  THE
 PROVISIONS OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
 ED  TO,  A LISTING OF THOSE RECIPIENT FIRMS SUBJECT TO THE PROVISIONS OF
 THIS SECTION; THE TOTAL AMOUNT OF THE BUSINESS INCENTIVE ASSOCIATED WITH
 EACH FIRM; AND THE AGGREGATE AMOUNT OF FUNDS RETURNED OR ANTICIPATED  TO
 BE RETURNED TO THE STATE.
   §  3.  The  public  authorities law is amended by adding a new section
 3105-b to read as follows:
   § 3105-B. RESIDENCY REQUIREMENT. (1) THE CORPORATION SHALL REQUIRE, AS
 A CONDITION OF ANY BUSINESS INCENTIVE  PROVIDED  TO  A  RECIPIENT  FIRM,
 THAT:  (A)  SUCH  RECIPIENT  FIRM  SHALL  NOT RELOCATE OUTSIDE THE STATE
 DURING THE TERM OF SUCH BUSINESS INCENTIVE OR FOR A PERIOD OF TEN  YEARS
 AFTER  THE AWARD OF SUCH BUSINESS INCENTIVE, WHICHEVER IS LONGER, UNLESS
 THE FULL AMOUNT OF SUCH ASSISTANCE IS REPAID TO THE STATE AND A  PENALTY
 EQUAL  TO  FIVE  PERCENT OF THE TOTAL ASSISTANCE RECEIVED IS PAID TO THE
 STATE, AND (B) IF THE RECIPIENT FIRM RELOCATES WITHIN THE  STATE  DURING
 THE TERM OF SUCH BUSINESS ASSISTANCE IN THE CASE OF A LOAN OR LOAN GUAR-
 ANTEE,  OR  WITHIN  TWO  YEARS  OF  RECEIVING  AN AWARD, GRANT, OR OTHER
 ASSISTANCE, SUCH FIRM SHALL OFFER EMPLOYMENT AT THE NEW LOCATION TO  ITS
 EMPLOYEES FROM THE ORIGINAL LOCATION IF SUCH EMPLOYMENT IS AVAILABLE.
   (2)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON A FINDING
 THAT A RECIPIENT FIRM RELOCATES FROM ONE COMMUNITY TO ANOTHER  COMMUNITY
 WITHIN  THE  STATE  WITHIN  TWO YEARS OF RECEIVING A BUSINESS INCENTIVE,
 SUCH FIRM SHALL BE DEEMED INELIGIBLE TO RECEIVE ANY ADDITIONAL  BUSINESS
 INCENTIVES  FOR A PERIOD OF FIVE YEARS FROM THE DATE OF RELOCATION. UPON
 A FINDING THAT A RECIPIENT FIRM RELOCATES OUTSIDE OF  THE  STATE  WITHIN
 TWO  YEARS  OF RECEIVING A BUSINESS INCENTIVE, SUCH FIRM SHALL BE DEEMED
 INELIGIBLE TO RECEIVE ANY ADDITIONAL BUSINESS INCENTIVES.

 A. 6311                             4

   (3) A WAIVER OF THE PROVISIONS OF THIS SECTION MAY  BE  GRANTED  TO  A
 RECIPIENT FIRM UPON A DETERMINATION OF A LEGITIMATE HARDSHIP PURSUANT TO
 SECTION FIFTY-ONE OF THIS CHAPTER.
   (4)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (A) "RECIPIENT FIRM" MEANS ANY  PERSON,  FIRM,  PARTNERSHIP,  COMPANY,
 ASSOCIATION  OR  CORPORATION  THAT IS THE RECIPIENT OF A BUSINESS INCEN-
 TIVE;
   (B)  "BUSINESS  INCENTIVE"  MEANS  ANY  AWARD,  GRANT,  CONTRACT   FOR
 SERVICES,  INTEREST SUBSIDY GRANT, LOAN, LOAN GUARANTEE, OR OTHER FINAN-
 CIAL ASSISTANCE THAT IS PROVIDED BY OR ON BEHALF OF THE  CORPORATION  TO
 ASSIST  AN  ELIGIBLE RECIPIENT FIRM IN THE RETENTION OR CREATION OF JOBS
 IN THE STATE AND WHICH, ALONE OR IN  COMBINATION  WITH  OTHER  FINANCIAL
 ASSISTANCE PROVIDED BY A STATE AGENCY, PUBLIC AUTHORITY, OR PUBLIC BENE-
 FIT CORPORATION, EXCEEDS FIVE HUNDRED THOUSAND DOLLARS;
   (C) "LEGITIMATE HARDSHIP" MEANS A CIRCUMSTANCE UNDER WHICH A RECIPIENT
 FIRM IS COMPELLED TO RELOCATE DUE TO UNFORESEEN CIRCUMSTANCES BEYOND THE
 DIRECT OR INDIRECT CONTROL OF SUCH RECIPIENT FIRM; AND
   (D)  "RELOCATE"  MEANS  THE  PHYSICAL  TRANSFER OF THE OPERATIONS OF A
 RECIPIENT FIRM IN ITS ENTIRETY OR OF ANY DIVISION OF  A  RECIPIENT  FIRM
 WHICH INDEPENDENTLY RECEIVES A BUSINESS INCENTIVE FROM THE LOCATION SUCH
 BUSINESS  OR  DIVISION  OCCUPIED  AT  THE TIME IT ACCEPTED SUCH BUSINESS
 INCENTIVE.
   (5) THE CORPORATION SHALL ADOPT RULES  AND  REGULATIONS  NECESSARY  TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (6)  ON  OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY AND ON OR BEFORE
 SUCH DATE ANNUALLY THEREAFTER, THE CHAIRMAN SHALL SUBMIT A REPORT TO THE
 GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE  TEMPORARY  PRESIDENT  OF
 THE  SENATE  WITH  RESPECT  TO THE IMPLEMENTATION AND ENFORCEMENT OF THE
 PROVISIONS OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
 ED TO, A LISTING OF THOSE RECIPIENT FIRMS SUBJECT TO THE  PROVISIONS  OF
 THIS SECTION; THE TOTAL AMOUNT OF THE BUSINESS INCENTIVE ASSOCIATED WITH
 EACH  FIRM; AND THE AGGREGATE AMOUNT OF FUNDS RETURNED OR ANTICIPATED TO
 BE RETURNED TO THE STATE.
   § 4. 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 31-b to read as follows:
   § 31-B. RESIDENCY REQUIREMENT. (1) THE CORPORATION SHALL REQUIRE, AS A
 CONDITION  OF ANY BUSINESS INCENTIVE PROVIDED TO A RECIPIENT FIRM, THAT:
 (A) SUCH RECIPIENT FIRM SHALL NOT RELOCATE OUTSIDE THE STATE DURING  THE
 TERM  OF  SUCH BUSINESS INCENTIVE OR FOR A PERIOD OF TEN YEARS AFTER THE
 AWARD OF SUCH BUSINESS INCENTIVE, WHICHEVER IS LONGER, UNLESS  THE  FULL
 AMOUNT  OF SUCH ASSISTANCE IS REPAID TO THE STATE AND A PENALTY EQUAL TO
 FIVE PERCENT OF THE TOTAL ASSISTANCE RECEIVED IS PAID TO THE STATE,  AND
 (B)  IF THE RECIPIENT FIRM RELOCATES WITHIN THE STATE DURING THE TERM OF
 SUCH BUSINESS ASSISTANCE IN THE CASE OF A LOAN  OR  LOAN  GUARANTEE,  OR
 WITHIN  TWO YEARS OF RECEIVING AN AWARD, GRANT OR OTHER ASSISTANCE, SUCH
 FIRM SHALL OFFER EMPLOYMENT AT THE NEW LOCATION TO  ITS  EMPLOYEES  FROM
 THE ORIGINAL LOCATION IF SUCH EMPLOYMENT IS AVAILABLE.
   (2)  NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UPON A FINDING
 THAT A RECIPIENT FIRM RELOCATES FROM ONE COMMUNITY TO ANOTHER  COMMUNITY
 WITHIN  THE  STATE  WITHIN  TWO YEARS OF RECEIVING A BUSINESS INCENTIVE,
 SUCH FIRM SHALL BE DEEMED INELIGIBLE TO RECEIVE ANY ADDITIONAL  BUSINESS
 INCENTIVES  FOR A PERIOD OF FIVE YEARS FROM THE DATE OF RELOCATION. UPON
 A FINDING THAT A RECIPIENT FIRM RELOCATES OUTSIDE OF  THE  STATE  WITHIN

 A. 6311                             5
 
 TWO  YEARS  OF RECEIVING A BUSINESS INCENTIVE, SUCH FIRM SHALL BE DEEMED
 INELIGIBLE TO RECEIVE ANY ADDITIONAL BUSINESS INCENTIVES.
   (3)  A  WAIVER  OF  THE PROVISIONS OF THIS SECTION MAY BE GRANTED TO A
 RECIPIENT FIRM UPON A DETERMINATION OF A LEGITIMATE HARDSHIP PURSUANT TO
 SECTION FIFTY-ONE OF THE PUBLIC AUTHORITIES LAW.
   (4) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS  SHALL  HAVE
 THE FOLLOWING MEANINGS:
   (A)  "RECIPIENT  FIRM"  MEANS  ANY PERSON, FIRM, PARTNERSHIP, COMPANY,
 ASSOCIATION, OR CORPORATION THAT IS THE RECIPIENT OF A  BUSINESS  INCEN-
 TIVE;
   (B)  "BUSINESS  INCENTIVE"  MEANS  ANY  AWARD, GRANT, INTEREST SUBSIDY
 GRANT, LOAN, LOAN GUARANTEE,  OR  OTHER  FINANCIAL  ASSISTANCE  THAT  IS
 PROVIDED BY OR ON BEHALF OF THE CORPORATION TO ASSIST AN ELIGIBLE RECIP-
 IENT  FIRM  IN THE RETENTION OR CREATION OF JOBS IN THE STATE AND WHICH,
 ALONE OR IN COMBINATION WITH OTHER FINANCIAL ASSISTANCE  PROVIDED  BY  A
 STATE  AGENCY,  PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION, EXCEEDS
 FIVE HUNDRED THOUSAND DOLLARS;
   (C) "LEGITIMATE HARDSHIP" MEANS A CIRCUMSTANCE UNDER WHICH A RECIPIENT
 FIRM IS COMPELLED TO RELOCATE DUE TO UNFORESEEN CIRCUMSTANCES BEYOND THE
 DIRECT OR INDIRECT CONTROL OF SUCH RECIPIENT FIRM; AND
   (D) "RELOCATE" MEANS THE PHYSICAL TRANSFER  OF  THE  OPERATIONS  OF  A
 RECIPIENT  FIRM  IN  ITS ENTIRETY OR OF ANY DIVISION OF A RECIPIENT FIRM
 WHICH INDEPENDENTLY RECEIVES A BUSINESS INCENTIVE FROM THE LOCATION SUCH
 BUSINESS OR DIVISION OCCUPIED AT THE  TIME  IT  ACCEPTED  SUCH  BUSINESS
 INCENTIVE.
   (5)  THE  CORPORATION  SHALL  ADOPT RULES AND REGULATIONS NECESSARY TO
 IMPLEMENT THE PROVISIONS OF THIS SECTION.
   (6) ON OR BEFORE OCTOBER FIRST, TWO THOUSAND TWENTY AND ON  OR  BEFORE
 SUCH DATE ANNUALLY THEREAFTER, THE CHAIRMAN SHALL SUBMIT A REPORT TO THE
 GOVERNOR,  THE  SPEAKER  OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF
 THE SENATE WITH RESPECT TO THE IMPLEMENTATION  AND  ENFORCEMENT  OF  THE
 PROVISIONS OF THIS SECTION. SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMIT-
 ED  TO,  A LISTING OF THOSE RECIPIENT FIRMS SUBJECT TO THE PROVISIONS OF
 THIS SECTION; THE TOTAL AMOUNT OF THE BUSINESS INCENTIVE ASSOCIATED WITH
 EACH FIRM; AND THE AGGREGATE AMOUNT OF FUNDS RETURNED OR ANTICIPATED  TO
 BE RETURNED TO THE STATE.
   § 5. Section 51 of the public authorities law is amended by adding two
 new subdivisions 3-b and 3-c to read as follows:
   3-B.  UPON A DETERMINATION OF LEGITIMATE HARDSHIP, THE BOARD MAY WAIVE
 ANY REQUIREMENTS ESTABLISHED PURSUANT TO SECTION ONE  HUNDRED  SEVEN  OF
 THE  ECONOMIC  DEVELOPMENT  LAW,  SECTIONS  EIGHTEEN HUNDRED THREE-B AND
 THIRTY-ONE HUNDRED FIVE-B OF THIS CHAPTER, OR  SECTION  THIRTY-ONE-B  OF
 THE  NEW  YORK STATE URBAN DEVELOPMENT CORPORATION ACT. IN MAKING SUCH A
 DETERMINATION, THE BOARD SHALL FIND THAT SUFFICIENT JUSTIFICATION EXISTS
 FOR THE FAILURE OF A RECIPIENT FIRM TO FULLY EXECUTE  AND  COMPLETE  THE
 TERMS AND CONDITIONS ASSOCIATED WITH THE AWARD OF A BUSINESS INCENTIVE.
   3-C.  INSOFAR AS THE PROVISIONS OF SUBDIVISION THREE-B OF THIS SECTION
 ARE INCONSISTENT WITH THE PROVISIONS OF ANY  OTHER  GENERAL  OR  SPECIAL
 LAW, THE PROVISIONS OF SUCH SUBDIVISION THREE-B SHALL BE CONTROLLING.
   §  6.  This  act shall take effect immediately and shall apply only to
 business incentives awarded on and after such date.