Senate Bill S2703

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2703
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to amend the executive law, in  relation  to  directing  agencies
   that  provide  grants and tax expenditures for the purpose of economic
   development to make comprehensive information on such grants  and  tax
   expenditures accessible to the public on a searchable website
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "online economic development grants and tax expenditures transparen-
 cy act".
   §  2. The executive law is amended by adding a new section 184 to read
 as follows:
   § 184. ONLINE ECONOMIC DEVELOPMENT GRANTS AND TAX EXPENDITURES  TRANS-
 PARENCY. 1. AS USED IN THIS SECTION:
   (A) "SEARCHABLE ECONOMIC DEVELOPMENT GRANTS AND TAX EXPENDITURES DATA-
 BASE  WEBSITE" SHALL MEAN A WEBSITE THAT ALLOWS THE PUBLIC AT NO COST TO
 SEARCH FOR, OBTAIN, AND AGGREGATE THE  INFORMATION  IDENTIFIED  IN  THIS
 SECTION,  WHICH  INCLUDES GRANTS AND TAX EXPENDITURES FOR THE PURPOSE OF
 ECONOMIC DEVELOPMENT.
   (B) "ENTITY AND/OR RECIPIENTS" SHALL  MEAN  ANY  CORPORATION,  ASSOCI-
 ATION,  LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP, OR ANY
 OTHER LEGAL BUSINESS ENTITY WHO RECEIVES AN ECONOMIC  DEVELOPMENT  GRANT
 OR  TAX  EXPENDITURE  FOR  THE  PURPOSE OF ECONOMIC DEVELOPMENT FROM THE
 EMPIRE STATE DEVELOPMENT CORPORATION, THE DEPARTMENT OF ECONOMIC  DEVEL-
 OPMENT  OR  ANY  OTHER  STATE ENTITY. IT SHALL ALSO INCLUDE ANY ECONOMIC
 DEVELOPMENT GRANTEE OR SUB-GRANTEE, TAX EXPENDITURE BENEFICIARY  OR  TAX
 EXPENDITURE  SUB-BENEFICIARY,  CONTRACTOR OR SUBCONTRACTOR, COUNTY, CITY
 OR OTHER LOCAL GOVERNMENT ENTITY.
   (C) "AGENCY" SHALL MEAN ANY STATE DEPARTMENT, OFFICE,  BOARD,  COMMIS-
 SION, BUREAU, DIVISION, INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD02109-01-9

 S. 2703                             2
 
 "AGENCY"  SPECIFICALLY  INCLUDES  ANY AUTHORITY CREATED BY AN ACT OF THE
 STATE LEGISLATURE, INCLUDING THOSE AUTHORITIES NOT RECEIVING  STATE  TAX
 REVENUE.  THIS  INCLUDES INDIVIDUAL STATE AGENCIES AND PROGRAMS, AS WELL
 AS  THOSE  PROGRAMS  AND  ACTIVITIES  THAT  CROSS AGENCY LINES, AND ALSO
 INCLUDES ALL ELECTIVE OFFICES IN THE EXECUTIVE BRANCH OF GOVERNMENT  AND
 THE LEGISLATURE.
   (D)  "FUNDING  SOURCE"  SHALL  MEAN  THE  STATE ACCOUNT FROM WHICH THE
 EXPENDITURE IS APPROPRIATED.
   (E) "FUNDING ACTION OR EXPENDITURE" SHALL INCLUDE DETAILS ON THE  TYPE
 OF  SPENDING, BOTH APPROPRIATED EXPENDITURES, SUCH AS GRANTS, CONTRACTS,
 AND APPROPRIATIONS, AND TAX EXPENDITURES,  AS  DEFINED  BY  SECTION  ONE
 HUNDRED  EIGHTY-ONE  OF  THIS ARTICLE AS IT RELATES TO ECONOMIC DEVELOP-
 MENT. WHERE POSSIBLE, A HYPERLINK TO  THE  ACTUAL  GRANTS  OR  CONTRACTS
 SHALL BE PROVIDED.
   (F)  "EXPECTED OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE SUBSI-
 DIES FOR THE PURPOSE OF ECONOMIC DEVELOPMENT, INCLUDING TAX  EXEMPTIONS,
 CREDITS,  DIRECT  GRANTS,  OR  INFRASTRUCTURE ASSISTANCE, THE NUMBER AND
 QUALITY OF JOBS TO BE CREATED OR RETAINED, INCLUDING WAGES AND BENEFITS,
 THE DATE THE JOB GOALS WILL BE REACHED, THE ESTIMATED  INCREASE  TO  THE
 STATE  TAX  BASE, AND WHETHER THE FUNDED PROJECT INVOLVES THE RELOCATION
 OF JOBS AND IF SO HOW MANY AND FROM WHERE.
   (G) "FINAL OUTCOME" SHALL INCLUDE, IN RELATION TO CORPORATE  SUBSIDIES
 FOR THE PURPOSE OF ECONOMIC DEVELOPMENT, INCLUDING TAX EXEMPTIONS, CRED-
 ITS, DIRECT GRANTS, OR INFRASTRUCTURE ASSISTANCE, THE NUMBER AND QUALITY
 OF  JOBS ACTUALLY CREATED OR RETAINED, INCLUDING WAGES AND BENEFITS, AND
 THE ACTUAL INCREASE TO THE STATE TAX BASE FOR THE FISCAL YEAR  IN  WHICH
 BENEFIT  WAS  GIVEN.  THE OUTCOMES ACHIEVED SHALL ALSO INCLUDE ANY MONEY
 RECAPTURED  FROM  CORPORATE  SUBSIDY  RECIPIENTS  FOR  FAILURE  TO  MEET
 EXPECTED PERFORMANCE OUTCOMES.
   (H)  "STATE  AUDIT OR REPORT" SHALL INCLUDE ANY AUDIT OR REPORT ISSUED
 BY THE  COMPTROLLER,  ATTORNEY  GENERAL,  AGENCY,  LEGISLATIVE  AUDITOR,
 LEGISLATIVE COMMITTEE, OR EXECUTIVE BODY RELATING TO THE PAST OR CURRENT
 PERFORMANCE   OF  THE  ENTITY  OR  RECIPIENT  OF  FUNDS  OR  THE  BUDGET
 PROGRAM/ACTIVITY OR AGENCY FOR THE PURPOSE OF ECONOMIC DEVELOPMENT WHICH
 THE DIRECTOR OF THE BUDGET DEEMS AS RELEVANT.
   2. NO LATER THAN JANUARY FIRST, TWO THOUSAND TWENTY, THE  DIRECTOR  OF
 THE  OFFICE  FOR  TECHNOLOGY,  IN COLLABORATION WITH THE DIRECTOR OF THE
 BUDGET, SHALL DEVELOP A SINGLE, SEARCHABLE ECONOMIC  DEVELOPMENT  GRANTS
 AND  TAX  EXPENDITURES  DATABASE  WEBSITE ACCESSIBLE BY THE PUBLIC AT NO
 COST, THAT INCLUDES:
   (A) ANNUAL STATE EXPENDITURES OR FUNDING ACTIONS FOR THE  PURPOSES  OF
 ECONOMIC  DEVELOPMENT  PROVIDED  TO  ANY ENTITY, RECIPIENT OR AGENCY, AS
 DETERMINED BY THE DIRECTOR OF THE BUDGET INCLUDING THE NAME AND LOCATION
 OF ANY SUCH ENTITY, RECIPIENT OR AGENCY, THE FUNDING SOURCE, THE  AMOUNT
 OF FUNDS APPROPRIATED INCLUDING TAX EXPENDITURES OR OTHER SUBSIDIES, THE
 FUNDING  AGENCY  OR  AUTHORITY,  AND A DESCRIPTION OF THE PURPOSE OF THE
 FUNDING ACTION OR EXPENDITURE. IF THE FUNDING ACTION OR EXPENDITURE IS A
 TAX EXPENDITURE, INFORMATION ABOUT THE  EXPECTED  OUTCOME  OF  SUCH  TAX
 EXPENDITURE  SHALL  BE  INCLUDED  AND  INFORMATION  CONCERNING THE FINAL
 OUTCOME SHALL BE PROVIDED WITHIN THIRTY DAYS FROM WHEN IT IS REPORTED TO
 THE APPROPRIATE STATE AGENCY;
   (B) BOND DEBT PAYMENTS AND DEBT SERVICE FOR THE  PURPOSE  OF  ECONOMIC
 DEVELOPMENT INCLUDING, BUT NOT LIMITED TO, AMOUNTS OF BOND INTEREST PAID
 AND SOURCES OF FUNDS PAID FOR INDIVIDUAL BOND ISSUES;

 S. 2703                             3
 
   (C)  LOCAL ECONOMIC DEVELOPMENT AID TO CITIES AND TOWNS INCLUDING, BUT
 NOT LIMITED TO, AMOUNTS PAID TO INDIVIDUAL UNITS OF GOVERNMENT FOR INDI-
 VIDUALLY IDENTIFIABLE AID PROGRAMS;
   (D) ANNUAL BONDED INDEBTEDNESS FOR THE PURPOSE OF ECONOMIC DEVELOPMENT
 WHICH  SHALL  INCLUDE,  BUT  NOT  BE LIMITED TO, THE AMOUNT OF THE TOTAL
 ORIGINAL OBLIGATION STATED IN TERMS OF PRINCIPAL AND INTEREST, THE  TERM
 OF  THE  OBLIGATION,  THE  SOURCE  OF FUNDING FOR REPAYMENT OF THE OBLI-
 GATION, THE AMOUNTS OF PRINCIPAL AND INTEREST PREVIOUSLY PAID TO  REDUCE
 THE OBLIGATION, THE BALANCE REMAINING OF THE OBLIGATION, ANY REFINANCING
 OF  THE  OBLIGATION,  AND  THE  CITED  STATUTORY AUTHORITY TO ISSUE SUCH
 BONDS;
   (E) A LINK TO ANY STATE AUDIT OR REPORT; AND
   (F) ANY OTHER RELEVANT INFORMATION SPECIFIED BY THE  DIRECTOR  OF  THE
 BUDGET.
   3.  NO LATER THAN FEBRUARY FIRST, TWO THOUSAND TWENTY, THE DIRECTOR OF
 THE BUDGET SHALL PUT INTO OPERATION THE SEARCHABLE ECONOMIC  DEVELOPMENT
 GRANTS AND TAX EXPENDITURES DATABASE WEBSITE.
   4.  THE  SEARCHABLE  ECONOMIC  DEVELOPMENT GRANTS AND TAX EXPENDITURES
 DATABASE WEBSITE SHALL RETAIN INFORMATION FOR EACH FISCAL  YEAR  ON  THE
 SINGLE WEBSITE FOR NOT LESS THAN TEN YEARS AND SHALL INCLUDE DATA FOR AT
 LEAST THE MOST RECENT FIFTEEN FISCAL YEARS.
   5.  THE  DIRECTOR  OF  THE BUDGET SHALL UPDATE THE SEARCHABLE ECONOMIC
 DEVELOPMENT GRANTS AND TAX EXPENDITURES DATABASE  WEBSITE  AS  NEW  DATA
 BECOMES  AVAILABLE  TO  HIM  OR  HER.  ALL AGENCIES SHALL PROVIDE TO THE
 DIRECTOR OF THE BUDGET ALL DATA THAT IS REQUIRED TO BE INCLUDED  IN  THE
 SEARCHABLE  ECONOMIC  DEVELOPMENT  GRANTS  AND TAX EXPENDITURES DATABASE
 WEBSITE NOT LATER THAN THIRTY DAYS AFTER THE DATA BECOMES  AVAILABLE  TO
 THE AGENCY.  THE DIRECTOR OF THE BUDGET SHALL PROVIDE GUIDANCE TO AGENCY
 HEADS TO ENSURE COMPLIANCE WITH THIS SECTION.
   6.  NOTHING  IN  THIS  SECTION  SHALL PERMIT OR REQUIRE THE LISTING OF
 INDIVIDUAL BUSINESSES' TAX LIABILITY, PROFITS, SALES OR LOSSES.
   7. THE DIRECTOR OF THE BUDGET AND THE DIRECTOR OF THE OFFICE FOR TECH-
 NOLOGY SHALL NOT BE CONSIDERED IN COMPLIANCE WITH THIS  SECTION  IF  THE
 DATA  REQUIRED  FOR  THE  SEARCHABLE ECONOMIC DEVELOPMENT GRANTS AND TAX
 EXPENDITURES DATABASE WEBSITE IS  NOT  AVAILABLE  IN  A  SEARCHABLE  AND
 AGGREGATE  MANNER  OR  IF  THE  PUBLIC  IS  REDIRECTED BY THE SEARCHABLE
 ECONOMIC DEVELOPMENT GRANTS AND TAX  EXPENDITURES  DATABASE  WEBSITE  TO
 OTHER  GOVERNMENT  WEBSITES, UNLESS EACH OF THOSE WEBSITES COMPLIES WITH
 THE REQUIREMENTS OF THIS SECTION.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.