Senate Bill S4274

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4274
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               March 6, 2019
                                ___________
 
 Introduced by Sen. ANTONACCI -- read twice and ordered printed, and when
   printed  to be committed to the Committee on Commerce, Economic Devel-
   opment and Small Business
 
 AN ACT to amend the economic development law  and  the  public  officers
   law, in relation to the establishment of regional economic development
   councils; and providing for the repeal of such provisions upon expira-
   tion thereof
 
   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 11 to read as follows:
   §  11.  REGIONAL  ECONOMIC DEVELOPMENT COUNCILS. 1. THE GOVERNOR SHALL
 ESTABLISH TEN REGIONAL ECONOMIC DEVELOPMENT COUNCILS, ONE  FOR  EACH  OF
 THE FOLLOWING REGIONS OF THE STATE:
   (A) LONG ISLAND (WHICH CONSISTS OF SUFFOLK AND NASSAU COUNTIES);
   (B)  THE  CITY OF NEW YORK (WHICH CONSISTS OF BRONX, NEW YORK, QUEENS,
 BROOKLYN, AND RICHMOND COUNTIES);
   (C) THE MID-HUDSON REGION (WHICH CONSISTS OF SULLIVAN, ULSTER,  DUTCH-
 ESS, ORANGE, PUTNAM, WESTCHESTER, AND ROCKLAND COUNTIES);
   (D)  THE SOUTHERN TIER (WHICH CONSISTS OF STEUBEN, SCHUYLER, TOMPKINS,
 CHEMUNG, TIOGA, CHENANGO, BROOME, AND DELAWARE COUNTIES);
   (E) THE CAPITAL REGION (WHICH CONSISTS OF WARREN, WASHINGTON,  SARATO-
 GA, SCHENECTADY, RENSSELAER, ALBANY, COLUMBIA, AND GREENE COUNTIES);
   (F)  THE  MOHAWK  VALLEY  (WHICH CONSISTS OF ONEIDA, HERKIMER, FULTON,
 MONTGOMERY, OTSEGO, AND SCHOHARIE COUNTIES);
   (G) THE NORTH  COUNTRY  (WHICH  CONSISTS  OF  CLINTON,  FRANKLIN,  ST.
 LAWRENCE, JEFFERSON, LEWIS, HAMILTON, AND ESSEX COUNTIES);
   (H)  THE  CENTRAL  REGION (WHICH CONSISTS OF OSWEGO, CAYUGA, ONONDAGA,
 MADISON, AND CORTLAND COUNTIES);
   (I) THE FINGER LAKES REGION (WHICH CONSISTS OF ORLEANS, MONROE, WAYNE,
 GENESEE, WYOMING, LIVINGSTON, ONTARIO, SENECA, AND YATES COUNTIES); AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10347-03-9

 S. 4274                             2
 
   (J) THE WESTERN REGION (WHICH CONSISTS OF NIAGARA,  ERIE,  CHAUTAUQUA,
 CATTARAUGUS, AND ALLEGANY COUNTIES).
   2.  EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL DEVELOP LONG-TERM
 STRATEGIC PLANS FOR ECONOMIC GROWTH WITHIN ITS REGION OF THE STATE.
   3. THE MEMBERS OF EACH REGIONAL ECONOMIC DEVELOPMENT COUNCIL SHALL  BE
 LOCAL EXPERTS AND STAKEHOLDERS FROM BUSINESSES, ACADEMIA, MUNICIPALITIES
 AND  NON-GOVERNMENTAL  ORGANIZATIONS WITHIN THE REGION. ALL SUCH MEMBERS
 SHALL BE APPOINTED BY THE GOVERNOR, WITH THE ADVICE AND CONSENT  OF  THE
 SENATE, AND SHALL SERVE AT THE PLEASURE OF THE GOVERNOR.
   §  2.  The economic development law is amended by adding a new section
 233 to read as follows:
   § 233. FINANCIAL DISCLOSURE. ALL MEMBERS OF REGIONAL ECONOMIC DEVELOP-
 MENT COUNCILS SHALL BE SUBJECT TO THE  PROVISIONS  OF  SECTION  SEVENTY-
 THREE-A OF THE PUBLIC OFFICERS LAW.
   §  3.  The economic development law is amended by adding a new section
 234 to read as follows:
   § 234. OPEN MEETINGS LAW; FREEDOM  OF  INFORMATION  LAW.  1.  REGIONAL
 ECONOMIC  DEVELOPMENT COUNCILS SHALL BE SUBJECT TO THE OPEN MEETINGS LAW
 AND THE FREEDOM OF INFORMATION LAW.
   2. ALL REGIONAL ECONOMIC DEVELOPMENT COUNCILS AND STATE AGENCY SCORING
 SHALL BE PUBLICLY AVAILABLE AND POSTED PROMINENTLY ON THE WEBSITE OF THE
 EMPIRE STATE DEVELOPMENT CORPORATION.
   3. TOTAL SCORING ON REGIONAL ECONOMIC DEVELOPMENT COUNCILS  AND  STATE
 AGENCY SCORING SHALL BE FIFTY PERCENT TO FIFTY PERCENT.
   4.  THE  FINAL  LIST  OF REGIONAL ECONOMIC DEVELOPMENT COUNCILS AWARDS
 SHALL BE REVIEWED AND APPROVED BY THE PUBLIC AUTHORITIES  CONTROL  BOARD
 PRIOR TO ANNOUNCEMENT AND RELEASE BY THE EXECUTIVE.
   5. THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL DEVELOP STANDARDIZED
 SCORING  CRITERIA  FOR REGIONAL ECONOMIC DEVELOPMENT COUNCILS AND STAND-
 ARDIZED METRICS FOR EVALUATING ONGOING PERFORMANCE OF THE AWARD  BY  THE
 AUTHORITIES BUDGET OFFICE.
   § 4. Subparagraphs (ii) and (iii) of paragraph (c) of subdivision 1 of
 section 73-a of the public officers law, as amended by section 5 of part
 A of chapter 399 of the laws of 2011, are amended and a new subparagraph
 (iv) is added to read as follows:
   (ii)  officers  and employees of statewide elected officials, officers
 and employees of state departments, boards, bureaus, divisions,  commis-
 sions, councils or other state agencies, who receive annual compensation
 in excess of the filing rate established by paragraph (l) of this subdi-
 vision  or  who  hold policy-making positions, as annually determined by
 the appointing authority and set forth in  a  written  instrument  which
 shall be filed with the joint commission on public ethics established by
 section  ninety-four  of the executive law during the month of February,
 provided, however, that the appointing authority shall amend such  writ-
 ten  instrument after such date within thirty days after the undertaking
 of policy-making responsibilities by a new employee or any other employ-
 ee whose name did not appear on  the  most  recent  written  instrument;
 [and]
   (iii)  members  or  directors of public authorities, other than multi-
 state authorities, public benefit corporations and commissions at  least
 one of whose members is appointed by the governor, and employees of such
 authorities,  corporations  and  commissions  who receive annual compen-
 sation in excess of the filing rate established by paragraph (l) of this
 subdivision or who hold policy-making positions, as determined  annually
 by  the appointing authority and set forth in a written instrument which
 shall be filed with the joint commission on public ethics established by

 S. 4274                             3
 
 section ninety-four of the executive law during the month  of  February,
 provided,  however, that the appointing authority shall amend such writ-
 ten instrument after such date within thirty days after the  undertaking
 of policy-making responsibilities by a new employee or any other employ-
 ee  whose  name did not appear on the most recent written instrument[.];
 AND
   (IV) MEMBERS OF REGIONAL ECONOMIC DEVELOPMENT COUNCILS SHALL  COMPLETE
 THE  SAME  FINANCIAL DISCLOSURE FORM AS OTHER PUBLIC OFFICERS, BUT SHALL
 NOT BE REQUIRED TO DISCLOSE:
   (A) THE ACTUAL DOLLAR AMOUNT OF THE FINANCIAL INTEREST; OR
   (B) FINANCIAL INTERESTS THAT WILL NOT IN ANY WAY  REASONABLY  CONFLICT
 WITH REGIONAL ECONOMIC DEVELOPMENT COUNCIL DECISIONS.
   §  5.  Subdivision  1  of  section  74  of the public officers law, as
 amended by chapter 1012 of the laws of 1965, the  opening  paragraph  as
 amended  by  chapter  14  of  the  laws  of  2007, is amended to read as
 follows:
   1. Definition. As used in this section: The term "state agency"  shall
 mean  any state department, or division, board, commission, or bureau of
 any state department or any public benefit corporation or public author-
 ity at least one of whose members is appointed by the governor or corpo-
 rations closely affiliated with specific state agencies  as  defined  by
 paragraph  (d) of subdivision five of section fifty-three-a of the state
 finance law or their successors OR  ANY  REGIONAL  ECONOMIC  DEVELOPMENT
 COUNCIL  ESTABLISHED PURSUANT TO SECTION ELEVEN OF THE ECONOMIC DEVELOP-
 MENT LAW.
   The term "legislative employee" shall mean any officer or employee  of
 the legislature but it shall not include members of the legislature.
   §  6.  This  act shall take effect immediately and shall expire and be
 deemed repealed two years after such date.