NY State Senate Bill S2815

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (2)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to corporations, authorities and commissions
Jan 29, 2019	referred to corporations, authorities and commissions

Co-Sponsors

S2815 (ACTIVE) - Details

Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §53, UDC Act; amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6613
2021-2022: S5711

S2815 (ACTIVE) - Summary

Relates to the creation of a searchable database; requires the Urban Development Corporation to create or modify an existing searchable database including information on qualified participants receiving state economic development benefits.

S2815 (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S2815

SPONSOR: COMRIE
 
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 searcha-
ble 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 absolute-
ly essential that the State's economic development programs are adminis-
tered 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 multiple State funds or
programs, which can have different reporting requirements, 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 scru-
tiny 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:

S.6613-B of 2017-18 | Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
Ninety days after enactment.

S2815 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2815

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 29, 2019
                               ___________

Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Corporations,  Authorities
  and Commissions

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:
  (I) THE AVAILABLE STATE RESOURCES INCLUDING, BUT NOT LIMITED TO, STATE
GRANTS,  LOANS,  LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND/OR SUBSI-
DIES ALLOCATED THROUGH THE CORPORATION; AND
  (II) TAX CREDITS, TAX EXEMPTIONS OR REDUCED TAX RATES AND/OR  BENEFITS
WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY A STATE AGENCY;
  (B) "QUALIFIED PARTICIPANT" SHALL MEAN AN INDIVIDUAL, BUSINESS, OR ANY
OTHER  ENTITY  THAT  HAS APPLIED FOR AND RECEIVED APPROVAL FOR AND/OR IS
THE BENEFICIARY OF, ANY ECONOMIC DEVELOPMENT BENEFITS  OF  TEN  THOUSAND
DOLLARS  OR  MORE  UNDER  ANY INDIVIDUAL ECONOMIC DEVELOPMENT PROGRAM OR
PROJECT OVERSEEN BY THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION  OR
ECONOMIC  DEVELOPMENT  BENEFITS  THAT  WERE  ORIGINALLY ALLOCATED TO THE
CORPORATION OR THAT FLOW THROUGH THE CORPORATION;
  (C) "STATE AGENCY" SHALL MEAN ANY NEW YORK  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD03910-02-9

S. 2815                             2

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 ECONOMIC DEVELOPMENT  BENEFITS  DATA-
BASE.  NOTWITHSTANDING  ANY  LAWS  TO  THE CONTRARY, THE CORPORATION, IN
COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, SHALL CREATE OR
MODIFY AN EXISTING SEARCHABLE DATABASE,  WHICH  INCLUDES  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 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 LOCATION;
  (II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT  IS  TO  OR  HAS
RECEIVED ECONOMIC DEVELOPMENT BENEFITS;
  (III)  THE  TYPE  OF  SUCH ECONOMIC DEVELOPMENT BENEFITS PROVIDED TO A
QUALIFIED PARTICIPANT, INCLUDING THE NAME OF  THE  PROGRAM  OR  PROGRAMS
THROUGH WHICH ECONOMIC DEVELOPMENT BENEFITS ARE PROVIDED;
  (IV)  FOR ANY ECONOMIC DEVELOPMENT BENEFITS PROVIDED FOR JOB RETENTION
AND CREATION, THE TOTAL NUMBER OF EMPLOYEES AT ALL SITES COVERED BY  THE
PROJECT  UTILIZING SUCH ECONOMIC DEVELOPMENT BENEFITS AT THE TIME OF THE
AGREEMENT INCLUDING 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 JOBS;
  (V) THE NUMBER OF JOBS THAT A QUALIFIED PARTICIPANT RECEIVING ECONOMIC
DEVELOPMENT BENEFITS IS CONTRACTUALLY OBLIGATED  TO  RETAIN  AND  CREATE
OVER  THE  LIFE OF THE PROJECT UTILIZING SUCH ECONOMIC DEVELOPMENT BENE-
FITS, 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 ECONOMIC DEVELOPMENT BENEFITS AGREES TO RETAIN OVER  THE  LIFE
OF  THE  PROJECT  UTILIZING  SUCH ECONOMIC DEVELOPMENT BENEFITS, ANY JOB
CREATION SCHEDULED TO TAKE PLACE AS A RESULT OF  THE  PROJECT  UTILIZING
SUCH  ECONOMIC  DEVELOPMENT  BENEFITS  AND  WHERE  APPLICABLE,  ANY  JOB
CREATION TARGETS FOR THE CURRENT REPORTING YEAR;
  (VI) THE AMOUNT OF ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A  QUALI-
FIED  PARTICIPANT  DURING  THE YEAR COVERED BY THE REPORT, THE AMOUNT OF
ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A QUALIFIED PARTICIPANT  SINCE
THE  BEGINNING  OF  THE  PROJECT  PERIOD,  AND  THE PRESENT VALUE OF THE
FURTHER ECONOMIC DEVELOPMENT BENEFITS COMMITTED TO BY THE STATE BUT  NOT
YET RECEIVED BY A QUALIFIED PARTICIPANT FOR THE DURATION OF THE PROJECT;
  (VII) FOR ANY ECONOMIC DEVELOPMENT BENEFITS PROVIDED FOR JOB RETENTION
AND  CREATION, THE TOTAL ACTUAL NUMBER OF EMPLOYEES AT ALL SITES COVERED
BY THE PROJECT UTILIZING SUCH  ECONOMIC  DEVELOPMENT  BENEFITS  FOR  THE
CURRENT  REPORTING  YEAR,  INCLUDING  THE  NUMBER OF PERMANENT FULL-TIME

S. 2815                             3

JOBS, THE NUMBER OF PERMANENT PART-TIME JOBS, THE  NUMBER  OF  FULL-TIME
EQUIVALENTS, AND THE NUMBER OF CONTRACT JOBS;
  (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 ECONOMIC DEVELOPMENT BENEFITS FROM
SUCH 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  ECONOMIC DEVELOPMENT BENEFIT RECEIVED BY THE QUALIFIED PARTICIPANT
TO THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE  AVAILABLE  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 ECONOMIC DEVELOPMENT BENEFIT AVAILABLE TO QUALI-
FIED 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 THE SPECIFIC DATA
FROM QUALIFIED PARTICIPANTS, WHICH IS NECESSARY AND REQUIRED IN DEVELOP-
ING, 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  TWENTY,  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-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.    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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The New York State Senate

senate Bill S2815

Sponsored By

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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Co-Sponsors

S2815 (ACTIVE) - Details

S2815 (ACTIVE) - Summary

S2815 (ACTIVE) - Sponsor Memo

S2815 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S2815

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Your Voice

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Co-Sponsors

Joseph P. Addabbo Jr

Julia Salazar

James Skoufis

S2815 (ACTIVE) - Details

S2815 (ACTIVE) - Summary

S2815 (ACTIVE) - Sponsor Memo

S2815 (ACTIVE) - Bill Text download pdf

Comments