S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8961
 
                             I N  S E N A T E
 
                             September 2, 2020
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general municipal law  and  the  public  authorities
   law,  in relation to the purposes and powers of industrial development
   agencies and to improve the accountability and  transparency  of  such
   agencies;  to amend the public authorities law, in relation to extend-
   ing the bond issuance charge to  the  debt  issued  by  not-for-profit
   corporations  acting  on behalf of the state or its political subdivi-
   sions; to amend the not-for-profit corporation law, in relation to the
   purposes and powers of  local  development  corporations  and  certain
   other not-for-profit corporations thereof; and to repeal subdivision 3
   of  section 859 of the general municipal law relating to an evaluation
   of the activities of industrial development agencies  and  authorities
   in the state prepared by an entity independent of the department
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 4 and 14 of section 854 of the general munici-
 pal law, subdivision 4 as amended by section 6 of part J of  chapter  59
 of  the  laws  of 2013 and subdivision 14 as added by chapter 356 of the
 laws of 1993, are amended and a new subdivision 21 is added to  read  as
 follows:
   (4)  "Project"  -  shall mean any land, any building or other improve-
 ment, and all real and personal properties located within the  state  of
 New York and within or outside or partially within and partially outside
 the  municipality  for  whose benefit the agency was created, including,
 but not limited to, machinery, equipment  and  other  facilities  deemed
 necessary  or  desirable in connection therewith, or incidental thereto,
 whether or not now in existence or under construction,  which  shall  be
 suitable  for manufacturing, warehousing, research, CIVIC, commercial or
 industrial purposes or other economically sound purposes identified  and
 called  for  to implement a state designated urban cultural park manage-
 ment plan as provided in title G of the parks, recreation  and  historic
 preservation  law  and which may include or mean an industrial pollution
 control facility, a recreation facility, educational or cultural facili-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15432-03-0

 S. 8961                             2
 
 ty, a horse racing facility, a  railroad  facility,  A  CONTINUING  CARE
 RETIREMENT  COMMUNITY,  OR A CIVIC FACILITY, PROVIDED, HOWEVER, THAT, OF
 AGENCIES GOVERNED BY THIS ARTICLE, ONLY AGENCIES CREATED FOR THE BENEFIT
 OF  A  COUNTY AND THE AGENCY CREATED FOR THE BENEFIT FOR THE CITY OF NEW
 YORK SHALL PROVIDE FINANCIAL ASSISTANCE IN ANY RESPECT TO  A  CONTINUING
 CARE  RETIREMENT  COMMUNITY, or an automobile racing facility, provided,
 however, no agency shall use its funds or provide  financial  assistance
 in  respect  of any project wholly or partially outside the municipality
 for whose benefit the agency was created without the prior consent ther-
 eto by the governing body or bodies of all the other  municipalities  in
 which  a part or parts of the project is, or is to be, located, and such
 portion of the project located outside such municipality for whose bene-
 fit the agency was created shall be contiguous with the portion  of  the
 project  inside  such  municipality.  PROVIDED FURTHER, HOWEVER, THAT NO
 AGENCY SHALL PROVIDE FINANCIAL ASSISTANCE  FOR  ANY  PROJECT  WHERE  THE
 PROJECT  APPLICANT  HAS  ANY  AGREEMENT  TO SUBSEQUENTLY CONTRACT WITH A
 MUNICIPALITY FOR THE LEASE OR PURCHASE OF SUCH PROJECT OR PROJECT FACIL-
 ITY.
   (14) "Financial assistance" - shall mean the proceeds of bonds  issued
 by  an  agency, straight-leases, GRANTS, LOANS, or exemptions from taxa-
 tion claimed by a project occupant as  a  result  of  an  agency  taking
 title,  possession  or  control  (by lease, license or otherwise) to the
 property or equipment of such project occupant or of such project  occu-
 pant acting as an agent of an agency.
   (21) "CIVIC FACILITY" SHALL MEAN A FACILITY TO BE OWNED OR OCCUPIED BY
 A  MUNICIPAL  CORPORATION,  A  DISTRICT CORPORATION, OR A NOT-FOR-PROFIT
 CORPORATION ORGANIZED AND EXISTING UNDER  THE  LAWS  OF  THIS  STATE  OR
 AUTHORIZED  TO  CONDUCT  ACTIVITIES  IN  THIS  STATE; PROVIDED THAT SUCH
 FACILITIES SHALL  BE  LIMITED  TO  MEDICAL  FACILITIES  INCLUDING  THOSE
 DEFINED  IN  ARTICLE  TWENTY-EIGHT OF THE PUBLIC HEALTH LAW, EDUCATIONAL
 FACILITIES, RECREATIONAL FACILITIES FOR PUBLIC USE, FACILITIES USED  FOR
 MUNICIPAL  GOVERNMENT  OR  PUBLIC SAFETY PURPOSES, OR HOUSING FACILITIES
 PRIMARILY DESIGNED TO BE OCCUPIED BY INDIVIDUALS SIXTY YEARS OF  AGE  OR
 OLDER.  NOTHING  IN THIS ARTICLE SHALL BE DEEMED TO WAIVE ANY APPLICABLE
 REQUIREMENT FOR AN OPERATING  FACILITY  CERTIFICATE,  CONSENT  OR  OTHER
 APPROVAL AS PROVIDED BY LAW.
   §  2.  Subdivision  2  of section 856 of the general municipal law, as
 amended by chapter 356 of the laws  of  1993,  is  amended  to  read  as
 follows:
   2.  An agency shall be a corporate governmental agency, constituting a
 public benefit corporation. Except as otherwise provided by special  act
 of  the  legislature,  an  agency shall consist of not less than [three]
 FIVE nor more than seven members who shall be appointed by the governing
 body of each municipality and who shall serve at  the  pleasure  of  the
 appointing  authority. Such members may include representatives of local
 government, school boards, organized labor and business. A member  shall
 continue  to hold office until his successor is appointed and has quali-
 fied. The governing body of each municipality shall designate the  first
 chairman  and file with the secretary of state a certificate of appoint-
 ment or reappointment of any  member.  Such  members  shall  receive  no
 compensation  for  their services but shall be entitled to the necessary
 expenses, including traveling expenses, incurred  in  the  discharge  of
 their duties.
   §  3.  Section  858  of the general municipal law, as added by chapter
 1030 of the laws of 1969, the opening paragraph as  amended  by  chapter
 478  of the laws of 2011, subdivision 4 as amended by chapter 747 of the

 S. 8961                             3
 
 laws of 2005, subdivision 9 as amended by chapter 444  of  the  laws  of
 1997,  subdivision  8  as amended and subdivision 15 as added by chapter
 356 of the laws of 1993, and subdivisions 16, 17, and 19 as amended  and
 subdivision  18  as added by chapter 109 of the laws of 2020, is amended
 to read as follows:
   § 858. Purposes and powers of the agency.  The purposes of the  agency
 shall  be  to  promote,  develop, encourage and assist in the acquiring,
 constructing,  reconstructing,  improving,  maintaining,  equipping  and
 furnishing  industrial, manufacturing, warehousing, commercial, research
 and recreation facilities including industrial pollution control facili-
 ties, educational or cultural  facilities,  CIVIC  FACILITIES,  railroad
 facilities,  horse  racing  facilities, automobile racing facilities and
 continuing care retirement  communities,  provided,  however,  that,  of
 agencies governed by this article, only agencies created for the benefit
 of  a  county  and the agency created for the benefit of the city of New
 York shall be authorized to provide financial assistance in any  respect
 to  a  continuing care retirement community, and thereby advance the job
 opportunities, health, general prosperity and economic  welfare  of  the
 people of the state of New York and to improve their recreation opportu-
 nities,  prosperity  and standard of living; and to carry out the afore-
 said purposes, each agency shall have the following powers:
   (1) To sue and be sued;
   (2) To have a seal and alter the same at pleasure;
   (3) To acquire, hold and dispose of personal property for  its  corpo-
 rate purposes;
   (4)  To  acquire  by  purchase,  grant,  lease,  gift, pursuant to the
 provisions of the eminent domain procedure law, or otherwise and to use,
 real property or rights or easements therein necessary for its corporate
 purposes in compliance with the local zoning  and  planning  regulations
 and  shall take into consideration regional and local comprehensive land
 use plans and state designated heritage area management  plans,  and  to
 sell,  convey, mortgage, lease, pledge, exchange or otherwise dispose of
 any such property in such manner as the agency shall determine.  In  the
 case of railroad facilities, however, the phrase to use real property or
 rights  or  easements therein shall not be interpreted to include opera-
 tion by the agency of rail service upon  or  in  conjunction  with  such
 facilities[.];
   (5)  TO ACQUIRE REAL PROPERTY FROM A MUNICIPALITY AS NECESSARY FOR ITS
 CORPORATE PURPOSES PURSUANT TO SECTION EIGHT  HUNDRED  FIFTY-EIGHT-C  OF
 THIS TITLE;
   (6)  To  make by-laws for the management and regulation of its affairs
 and, subject to agreements with its bondholders, for the  regulation  of
 the use of a project or projects[.];
   [(6)] (7) With the consent of the municipality, to use agents, employ-
 ees  and  facilities  of  the  municipality, paying the municipality its
 agreed proportion of the compensation or costs;
   [(7)] (8) To appoint officers,  agents  and  employees,  to  prescribe
 their  qualifications  and to fix their compensation and to pay the same
 out of funds of the agency;
   [(8)] (9) (a) To appoint an attorney, who may be the  counsel  of  the
 municipality,  and to fix the attorney's compensation for services which
 shall be payable to the attorney,  and  to  retain  and  employ  private
 consultants for professional and technical assistance and advice;
   (b)  An  attorney  acting as bond counsel for a project must file with
 the agency a written statement in which  the  attorney  identifies  each
 party to the transaction which such attorney represents. If bond counsel

 S. 8961                             4
 
 provides any legal services to parties other than the agency the written
 statement  must  describe  the nature of legal services provided by such
 bond counsel to all parties to the transaction, including the nature  of
 the services provided to the agency[.];
   [(9)]  (10)  To  make contracts and leases, and to execute all instru-
 ments necessary or convenient to or with any person,  firm,  partnership
 or  corporation,  either  public or private; provided, however, that any
 extension of an existing contract, lease or other agreement entered into
 by an agency with respect to a project shall be guided by the provisions
 of this article;
   [(10)] (11) To acquire, construct, reconstruct, lease, improve,  main-
 tain, equip or furnish one or more projects;
   [(11)] (12) To accept gifts, grants, loans, or contributions from, and
 enter  into  contracts or other transactions with, the United States and
 the state or any agency of either of them, any municipality, any  public
 or  private  corporation  or any other legal entity, and to use any such
 gifts, grants, loans or contributions for any of its corporate purposes;
   (13) TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF LOANS TO  IMPROVE,
 MAINTAIN  OR  EQUIP  ONE  OR MORE PROJECTS CONSISTENT WITH ITS CORPORATE
 PURPOSES;
   (14) TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS FOR ONE  OR
 MORE PROJECTS CONSISTENT WITH ITS CORPORATE PURPOSES;
   [(12)]  (15) To borrow money and to issue bonds and to provide for the
 rights of the holders thereof;
   [(13)] (16) To grant options to renew any lease with  respect  to  any
 project  or  projects  and  to  grant options to buy any project at such
 price as the agency may deem desirable;
   [(14)] (17) To designate the depositories of its money  either  within
 or without the state;
   [(15)]  (18)  To  enter  into agreements requiring payments in lieu of
 taxes. Such agreements shall be in writing  and  in  addition  to  other
 terms shall contain: the amount due annually to each affected tax juris-
 diction  (or  a  formula by which the amount due can be calculated), the
 name and address of the person, office or agency to which payment  shall
 be  delivered,  the date on which payment shall be made, and the date on
 which payment shall be considered delinquent if not paid. Unless  other-
 wise  agreed by the affected tax jurisdictions, any such agreement shall
 provide that payments in lieu of taxes shall be allocated among affected
 tax jurisdictions in proportion to the amount of real property  tax  and
 other  taxes  which would have been received by each affected tax juris-
 diction had the project not been tax exempt due to  the  status  of  the
 agency  involved  in  the project. A copy of any such agreement shall be
 delivered to each affected tax jurisdiction within fifteen days of sign-
 ing the agreement[. In  the  absence  of  any  such  written  agreement,
 payments  in  lieu  of taxes made by an agency shall be allocated in the
 same proportions as they had  been  prior  to  January  first,  nineteen
 hundred  ninety-three  for  so  long as the agency's activities render a
 project non-taxable by affected tax jurisdictions] AND PUBLISHED BY  THE
 AGENCY ON ITS WEBSITE;
   [(16)] (19) To establish and re-establish its fiscal year;
   [(17)]  (20)  To  provide  loans to small businesses or not-for-profit
 corporations as authorized in section eight hundred fifty-nine-c of this
 title; and
   [(18)] (21) To provide grants to small businesses  and  not-for-profit
 corporations,  as  defined in section eight hundred fifty-nine-c of this
 title, for the purpose of acquiring  personal  protective  equipment  or

 S. 8961                             5
 
 installing  fixtures  necessary to prevent the spread of novel coronavi-
 rus, COVID-19, during the period in which executive  order  two  hundred
 two  of  two  thousand  twenty, as amended, is in effect. In order to be
 eligible  for  a grant pursuant to this subdivision, a small business or
 not-for-profit corporation must meet the requirements of paragraph a  of
 subdivision  three  of section eight hundred fifty-nine-c of this title.
 No industrial development agency may provide a small  business  or  not-
 for-profit  corporation  with more than ten thousand dollars pursuant to
 this subdivision; and
   [(19)] (22) To [do all things necessary or convenient  to]  carry  out
 its  purposes  and  exercise  [the] THOSE powers expressly given in this
 title.
   § 4. The general municipal law is amended  by  adding  a  new  section
 858-c to read as follows:
   §  858-C.  PURCHASE OR LEASE OF REAL PROPERTY OWNED BY A COUNTY, CITY,
 TOWN OR VILLAGE. 1. THE LOCAL LEGISLATIVE BODY OF A COUNTY,  CITY,  TOWN
 OR  VILLAGE MAY BY RESOLUTION DETERMINE THAT SPECIFICALLY DESCRIBED REAL
 PROPERTY OWNED BY THE COUNTY, CITY, TOWN OR VILLAGE IS NOT REQUIRED  FOR
 USE  BY  SUCH  COUNTY,  CITY,  TOWN OR VILLAGE AND AUTHORIZE THE COUNTY,
 CITY, TOWN OR VILLAGE TO SELL OR LEASE SUCH REAL PROPERTY TO AN  AGENCY;
 PROVIDED,  HOWEVER,  THAT TITLE TO SUCH LAND BE NOT DECLARED INALIENABLE
 AS A FOREST PRESERVE OR A PARKLAND.
   2. NOTWITHSTANDING THE PROVISIONS OF ANY  GENERAL,  SPECIAL  OR  LOCAL
 LAW,  CHARTER  OR  ORDINANCE  TO THE CONTRARY, SUCH SALE OR LEASE MAY BE
 MADE WITHOUT APPRAISAL, PUBLIC NOTICE (EXCEPT AS PROVIDED IN SUBDIVISION
 FOUR OF THIS SECTION), OR PUBLIC BIDDING FOR SUCH PRICE  OR  RENTAL  AND
 UPON  SUCH TERMS AS MAY BE AGREED UPON BETWEEN THE COUNTY, CITY, TOWN OR
 VILLAGE AND SAID AGENCY; PROVIDED, HOWEVER, THAT IN THE CASE OF A  LEASE
 THE TERM MAY NOT EXCEED NINETY-NINE YEARS AND PROVIDED, FURTHER, THAT IN
 CITIES HAVING A POPULATION OF ONE MILLION OR MORE, NO SUCH SALE OR LEASE
 SHALL  BE  MADE WITHOUT THE APPROVAL OF A MAJORITY OF THE MEMBERS OF THE
 BOROUGH BOARD OF THE BOROUGH IN WHICH SUCH REAL PROPERTY IS LOCATED.
   3. BEFORE ANY SALE OR LEASE TO AN AGENCY SHALL BE AUTHORIZED, A PUBLIC
 HEARING SHALL BE HELD BY THE LOCAL LEGISLATIVE BODY OR BOROUGH BOARD  TO
 CONSIDER THE PROPOSED SALE OR LEASE.
   4.  NOTICE OF SUCH HEARING SHALL BE PUBLISHED AT LEAST TEN DAYS BEFORE
 THE DATE SET FOR THE HEARING IN SUCH PUBLICATION AND IN SUCH  MANNER  AS
 MAY  BE  DESIGNATED BY THE LOCAL LEGISLATIVE BODY OR BOROUGH BOARD. SUCH
 NOTICE SHALL INCLUDE A DESCRIPTION OF THE REAL PROPERTY PROPOSED  TO  BE
 SOLD  OR  LEASED;  A STATEMENT OF THE ESTIMATED FAIR MARKET VALUE OF THE
 REAL PROPERTY PROPOSED TO BE SOLD OR LEASED; THE VALUE OF THE  FINANCIAL
 CONSIDERATION  TO  BE RECEIVED BY THE COUNTY, CITY, TOWN OR VILLAGE FROM
 SUCH SALE OR LEASE OF THE REAL PROPERTY; AND A STATEMENT OF THE INTENDED
 USE OR DISPOSITION OF SUCH REAL PROPERTY BY THE AGENCY.
   § 5. Subdivision 3 of section 859 of  the  general  municipal  law  is
 REPEALED.
   §  6.  The opening paragraph and subdivisions 1 and 2 of section 859-a
 of the general municipal law, as added by chapter 356  of  the  laws  of
 1993, are amended and a new subdivision 3-a is added to read as follows:
   Prior  to  providing  any financial assistance [of] TOTALING more than
 one hundred thousand dollars to any project, the agency must comply with
 the following prerequisites:
   1. The agency must adopt a resolution describing the project  and  the
 TYPE AND AMOUNT OF financial assistance that the agency is contemplating
 with  respect  to such project. Such assistance shall be consistent with
 the uniform [tax exemption] FINANCIAL ASSISTANCE policy adopted  by  the

 S. 8961                             6
 
 agency  pursuant  to  subdivision four of section eight hundred seventy-
 four of this [chapter] TITLE, unless the agency has followed the  proce-
 dures  for deviation from such policy specified in paragraph (b) of such
 subdivision.
   2.  The  agency must hold a public hearing with respect to the project
 and the proposed financial assistance being contemplated by  the  agency
 NOT  LESS  THAN  THIRTY  DAYS  PRIOR TO EXECUTING A WRITTEN AGREEMENT TO
 PROVIDE FINANCIAL ASSISTANCE. Said public hearing shall be held  in  [a]
 EACH  city,  town  or  village  where  the  project TO RECEIVE FINANCIAL
 ASSISTANCE IS LOCATED OR proposes to locate.  At  said  public  hearing,
 interested parties shall be provided reasonable opportunity, both orally
 and  in  writing, to present their views with respect to the project AND
 THE TYPE AND AMOUNT OF FINANCIAL ASSISTANCE TO BE PROVIDED.  THE  AGENCY
 SHALL  ALSO  ACCEPT WRITTEN COMMENTS UP TO SEVEN DAYS AFTER SUCH HEARING
 IS HELD.
   3-A. THE AGENCY SHALL MAINTAIN  A  COMPLETE  RECORD  OF  THE  HEARING,
 INCLUDING   ALL  DOCUMENTS,  ORAL  STATEMENTS,  AND  WRITTEN  STATEMENTS
 PRESENTED AT OR WITHIN SEVEN DAYS FOLLOWING  THE  HEARING.  ALL  MEMBERS
 SHALL  BE PROVIDED WITH A COPY OF SUCH RECORD AT LEAST SEVEN DAYS BEFORE
 VOTING WHETHER TO APPROVE FINANCIAL ASSISTANCE FOR THE  PROJECT.    SUCH
 RECORD  SHALL  ALSO  BE  POSTED  ON THE AGENCY WEBSITE AT THE TIME IT IS
 PROVIDED TO MEMBERS.
   § 7. The general municipal law is amended by adding four new  sections
 859-d, 859-e, 859-f and 859-g to read as follows:
   §  859-D.  PROJECT  APPLICATION  AND APPROVAL CRITERIA. 1. THE PROJECT
 APPLICANT SHALL SUBMIT AN APPLICATION,  DEVELOPED  BY  THE  AGENCY,  FOR
 APPROVAL  OF  A  PROPOSED  PROJECT  AND FINANCIAL ASSISTANCE. THE AGENCY
 SHALL ADOPT PROJECT APPLICATION REVIEW AND APPROVAL CRITERIA THAT  SHALL
 BE  APPLIED TO ALL PROJECT APPLICATIONS UNDER CONSIDERATION FOR APPROVAL
 AND FINANCIAL ASSISTANCE. THE DECISION TO APPROVE OR NOT APPROVE  FINAN-
 CIAL  ASSISTANCE SHALL BE BASED ON, BUT NOT LIMITED TO, CONSIDERATION OF
 THE FOLLOWING CRITERIA:
   (A) STRATEGIC OBJECTIVES. CONSIDERATION IS TO BE GIVEN TO THE  PURPOSE
 OF THE PROJECT, SUCH AS THE NATURE OF THE PLANNED BUSINESS ACTIVITY, THE
 EXTENT TO WHICH THE PLANNED BUSINESS ACTIVITY IS UNREPRESENTED OR UNDER-
 REPRESENTED  IN  THE COMMUNITY, AND WHETHER THE PROJECT INVOLVES A BUSI-
 NESS INTERESTED IN RELOCATING FROM OUTSIDE THE STATE OF NEW YORK.
   (B) JOB CREATION. A DECISION TO FUND A PROJECT SHALL BE BASED  ON  THE
 NUMBER  OF  JOBS  TO BE CREATED OR RETAINED BY THE PROPOSED PROJECT, THE
 RANGE OF PROJECTED SALARIES AND BENEFITS  ASSOCIATED  WITH  JOBS  TO  BE
 CREATED,  AND THE BENCHMARKS AND TIMEFRAMES TO BE USED BY THE PROJECT TO
 DETERMINE WHETHER IT IS MEETING PROJECTED  JOB  CREATION  AND  RETENTION
 GOALS.
   (C)  THE FINANCIAL VIABILITY OF THE PROJECT. APPROVAL FOR FUNDING MUST
 CONSIDER THE EXTENT TO WHICH THE VIABILITY AND SUCCESS OF THE PROJECT IS
 DEPENDENT ON FINANCIAL ASSISTANCE FROM THE AGENCY. THE AGENCY SHALL ALSO
 CONSIDER THE AMOUNT AND TYPE OF FINANCIAL  ASSISTANCE  BEING  REQUESTED,
 THE  AMOUNT  AND TYPE OF PRIVATE FINANCING REQUIRED, THE AMOUNT AND TYPE
 OF CAPITAL INVESTMENT TO BE PROVIDED BY THE PROJECT APPLICANT,  AND  ANY
 PRIOR  FINANCIAL  ASSISTANCE  PROVIDED  TO THE PROJECT OR TO THE PROJECT
 APPLICANT.
   (D) ECONOMIC BENEFITS. FUNDING DECISIONS SHALL CONSIDER THE  POTENTIAL
 ECONOMIC  AND  FINANCIAL IMPACT OF THE PROJECT ON EXISTING BUSINESSES IN
 THE AREA, ON THE AFFECTED TAX JURISDICTIONS,  AND  ON  THE  LOCAL  LABOR
 MARKET.

 S. 8961                             7
 
   (E)  LEGAL  ISSUES. CONSIDERATION SHALL BE GIVEN TO THE PROJECT APPLI-
 CANT'S RECORD OF COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
   2.  THE  PROJECT  APPLICATION  REVIEW  AND  APPROVAL CRITERIA SHALL BE
 REVIEWED AND APPROVED ANNUALLY AT A REGULAR MEETING OF  THE  AGENCY  AND
 MADE AVAILABLE TO THE PUBLIC ON THE AGENCY'S WEBSITE.
   3.  THE  AGENCY  SHALL  PROVIDE THE DIRECTOR OF THE AUTHORITIES BUDGET
 OFFICE WITH AN ELECTRONIC COPY OF THE APPLICATION AND PROJECT REVIEW AND
 APPROVAL CRITERIA WITHIN THIRTY DAYS OF THEIR ADOPTION OR REVISION.
   4. THE AGENCY SHALL RETAIN A WRITTEN RECORD OF THE EVALUATION OF  EACH
 PROJECT  APPLICATION  TO DOCUMENT ITS DECISION TO PROVIDE OR DENY FINAN-
 CIAL ASSISTANCE.
   § 859-E. FINANCIAL ASSISTANCE AGREEMENT. 1.  THE  AGENCY  SHALL  ENTER
 INTO  A  WRITTEN AGREEMENT WITH THE PROJECT APPLICANT PRIOR TO PROVIDING
 FINANCIAL ASSISTANCE. THE AGREEMENT SHALL INCLUDE THE FOLLOWING INFORMA-
 TION:
   (A) A DESCRIPTION OF THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE TO BE
 PROVIDED BY THE AGENCY, INCLUDING A DESCRIPTION AND THE VALUE OF PROPER-
 TY CONVEYED AT LESS THAN FAIR MARKET VALUE;
   (B) A DESCRIPTION OF THE AMOUNT OF FINANCING TO  BE  PROVIDED  BY  THE
 PROJECT  APPLICANT,  INCLUDING THE AMOUNT AND TYPE OF CAPITAL INVESTMENT
 TO BE PROVIDED;
   (C) THE PURPOSE OF THE PROJECT;
   (D) THE AMOUNT, TYPES, SOURCES AND COMMITMENTS OF ANY PRIVATE  FINANC-
 ING;
   (E)  THE  PROJECTED  NUMBER  OF  NEW FULL-TIME AND PART-TIME POSITIONS
 EXPECTED TO BE CREATED OVER THE PERIOD OF FINANCIAL ASSISTANCE,  AND  AN
 ESTIMATED SCHEDULE BY YEAR OF WHEN THOSE POSITIONS WILL BE CREATED;
   (F)  THE  NUMBER  AND  TYPES  OF  FULL-TIME  AND  PART-TIME JOBS TO BE
 RETAINED, AND THE NUMBER OF FILLED POSITIONS AT THE PROJECT  AS  OF  THE
 DATE THE AGREEMENT IS EXECUTED;
   (G)  THE  TYPES  AND  VALUE  OF  OTHER  FORMS  OF FINANCIAL ASSISTANCE
 PROVIDED TO THE PROJECT OR REQUESTED BY THE PROJECT APPLICANT FROM OTHER
 STATE OR LOCAL GOVERNMENT AGENCIES OR AUTHORITIES; AND
   (H) THE PENALTIES TO BE IMPOSED ON THE PROJECT APPLICANT IF THE  TERMS
 OF THE AGREEMENT ARE NOT MET.
   2.  THE LENGTH OF A FINANCIAL ASSISTANCE AGREEMENT SHALL BE LIMITED TO
 NO MORE THAN FIVE YEARS; PROVIDED HOWEVER  THAT  THE  AGREEMENT  MAY  BE
 RENEWED  FOR  UP  TO FIVE ADDITIONAL YEARS IF THE AGENCY DETERMINES THAT
 THE PROJECT APPLICANT HAS ACTED IN GOOD FAITH  TO  MEET  THE  TERMS  AND
 CONDITIONS OF THE AGREEMENT. IN NO EVENT MAY FINANCIAL ASSISTANCE IN THE
 FORM  OF  A LOAN OR EXEMPTION FROM TAXATION BE PROVIDED TO A PROJECT FOR
 MORE THAN TEN YEARS.
   3. THE FINANCIAL ASSISTANCE AGREEMENT SHALL BE MADE AVAILABLE  TO  THE
 PUBLIC ON THE WEBSITE OF THE AGENCY.
   4. THE AGENCY SHALL ADOPT A METHODOLOGY TO EVALUATE THE CONFORMANCE OF
 EACH  ASSISTED  PROJECT  TO  THE  TERMS  AND CONDITIONS OF THE FINANCIAL
 ASSISTANCE AGREEMENT. THIS METHODOLOGY SHALL BE MADE  AVAILABLE  TO  THE
 PUBLIC ON THE AGENCY'S WEBSITE.
   §  859-F.  RECAPTURE  OF  CERTAIN FINANCIAL ASSISTANCE. 1. THE AGENCY,
 PURSUANT TO THE TERMS AND CONDITIONS OF ITS FINANCIAL ASSISTANCE  AGREE-
 MENT, MAY RECAPTURE FINANCIAL ASSISTANCE TO A PROJECT FROM REAL PROPERTY
 TAX  EXEMPTIONS,  MORTGAGE  RECORDING  TAX EXEMPTIONS, OR LOCAL SALES OR
 COMPENSATING USE TAX EXEMPTIONS IF (A) THE  PROJECT  VIOLATES  STATE  OR
 FEDERAL  TAX  LAW,  LABOR LAW, ENVIRONMENTAL PROTECTION LAW, OR CONTRACT
 LAW, OR ANY STATE OR FEDERAL RULE OR REGULATION IMPLEMENTING  SUCH  LAW,
 AS  DETERMINED  BY  A  COURT OF COMPETENT JURISDICTION OR ADMINISTRATIVE

 S. 8961                             8

 TRIBUNAL, PROVIDED THAT  SUCH  COURT  OR  TRIBUNAL  CONCLUDES  THAT  THE
 VIOLATION WOULD CAUSE MATERIAL HARM TO THE ECONOMY OR QUALITY OF LIFE OF
 THE  COMMUNITY; OR (B) ALL OR PART OF THE PROJECT'S BUSINESS ACTIVITY OR
 WORKFORCE  IS  MOVED  TO  A LOCATION OUTSIDE THE COMMUNITY SERVED BY THE
 AGENCY AND BY DOING SO VIOLATES THE TERMS AND CONDITIONS OF  ITS  FINAN-
 CIAL ASSISTANCE AGREEMENT.
   2.  AN  AGENCY  WHICH  ELECTS  TO  INITIATE THE RECAPTURE OF FINANCIAL
 ASSISTANCE PURSUANT TO SUBDIVISION ONE OF THIS SECTION MUST  NOTIFY  THE
 RECIPIENT  OF SUCH FINANCIAL ASSISTANCE IN WRITING THAT IT IS IN DEFAULT
 OF ITS FINANCIAL ASSISTANCE AGREEMENT AND MAY DIRECT  THE  RECIPIENT  OF
 FINANCIAL  ASSISTANCE  TO  REPAY UP TO THE FULL AMOUNT OF SUCH FINANCIAL
 ASSISTANCE RECEIVED AS OF THE DATE OF THE WRITTEN NOTICE  PLUS  INTEREST
 AT  THE  RATE SET FORTH IN SECTION FIVE THOUSAND FOUR OF THE CIVIL PRAC-
 TICE LAW AND RULES.
   3. FINANCIAL ASSISTANCE RECAPTURED PURSUANT TO THIS  SECTION  AND  ANY
 INTEREST  PAID  SHALL  BE REDISTRIBUTED TO AFFECTED TAX JURISDICTIONS IN
 PROPORTION TO THE AMOUNT OF REAL PROPERTY  TAX  AND  OTHER  TAXES  WHICH
 WOULD  HAVE  BEEN  RECEIVED  BY  EACH  AFFECTED TAX JURISDICTION HAD THE
 PROJECT NOT BEEN TAX EXEMPT. UNLESS OTHERWISE AGREED TO IN WRITING BY AN
 AFFECTED TAX JURISDICTION, THE AGENCY SHALL NOT RETAIN  ANY  PORTION  OF
 SUCH FUNDS AS AN ADMINISTRATIVE OR PROJECT FEE.
   §  859-G.  WAGES  AND  STANDARDS.  WHENEVER  A  RECIPIENT OF FINANCIAL
 ASSISTANCE FROM AN AGENCY ENTERS INTO A CONTRACT, SUBCONTRACT, LEASE  OR
 OTHER  AGREEMENT FOR OR IN CONNECTION WITH THE CONSTRUCTION, DEMOLITION,
 RECONSTRUCTION, REHABILITATION, REPAIR, OR  RENOVATION  OF  AN  ASSISTED
 PROJECT, THE RECIPIENT OF FINANCIAL ASSISTANCE SHALL PAY WORKERS ENGAGED
 IN  SUCH  WORK  NO LESS THAN THE PREVAILING RATE OF WAGE AND SUPPLEMENTS
 UNDER ARTICLE EIGHT OF THE LABOR LAW.
   § 8. Subdivision 1 of section 862 of the  general  municipal  law,  as
 amended  by  section  1  of part J of chapter 59 of the laws of 2013, is
 amended to read as follows:
   (1) (A) No [funds] FINANCIAL ASSISTANCE of the agency shall be used in
 respect [of] TO any project if the [completion thereof would result  in]
 PROJECT APPROVAL OR PROVISION OF FINANCIAL ASSISTANCE CONTRIBUTES TO the
 removal  of [an industrial or manufacturing plant of] ALL OR PART OF the
 project occupant from one area of the state to another area of the state
 or in the abandonment of one or  more  [plants  or]  facilities  of  the
 project  occupant located within the state, OR PROVIDES THE PROJECT WITH
 A COMPETITIVE ADVANTAGE OVER EXISTING LIKE BUSINESSES IN THE SAME INDUS-
 TRY LOCATED IN  THE  SAME  CITY,  TOWN,  OR  VILLAGE  AS  SUCH  PROJECT,
 provided,  however,  that  [neither restriction] SUCH RESTRICTIONS shall
 NOT apply if the agency shall determine on the basis of the  application
 before  it  that  the  project is reasonably necessary to discourage the
 project occupant from  removing  such  other  plant  or  facility  to  a
 location  outside  the  state or is reasonably necessary to preserve the
 competitive position of the project occupant in its respective industry.
   (B) FOR THE PURPOSES  OF  THIS  SUBDIVISION,  "COMPETITIVE  ADVANTAGE"
 SHALL INCLUDE TRADE SECRETS THAT ARE SUBMITTED TO AN AGENCY BY A COMMER-
 CIAL  ENTERPRISE  OR DERIVED FROM INFORMATION OBTAINED FROM A COMMERCIAL
 ENTERPRISE AND WHICH IF DISCLOSED WOULD CAUSE SUBSTANTIAL INJURY TO  THE
 COMPETITIVE  POSITION  OF  THE  SUBJECT  ENTERPRISE. OTHER FACTORS TO BE
 CONSIDERED IN DETERMINING WHETHER A TRADE SECRET EXISTS INCLUDE:
   (I) THE EXTENT TO WHICH THE INFORMATION IS KNOWN OUTSIDE THE BUSINESS;
   (II) THE EXTENT TO WHICH THE  INFORMATION  IS  KNOWN  BY  A  BUSINESS'
 EMPLOYEES AND OTHERS INVOLVED IN THE BUSINESS;

 S. 8961                             9
 
   (III)  THE EXTENT OF MEASURES TAKEN BY A BUSINESS TO GUARD THE SECRECY
 OF THE INFORMATION;
   (IV)  THE  VALUE  OF  THE INFORMATION TO A BUSINESS AND TO ITS COMPET-
 ITORS;
   (V) THE AMOUNT OF EFFORT OR MONEY EXPENDED BY A BUSINESS IN DEVELOPING
 THE INFORMATION; AND,
   (VI) THE EASE OR DIFFICULTY WITH WHICH THE INFORMATION COULD BE  PROP-
 ERLY  ACQUIRED  OR  DUPLICATED  BY OTHERS. IF THERE HAS BEEN A VOLUNTARY
 DISCLOSURE BY THE PLAINTIFF, OR IF THE FACTS PERTAINING  TO  THE  MATTER
 ARE A SUBJECT OF GENERAL KNOWLEDGE IN THE TRADE, THEN ANY PROPERTY RIGHT
 HAS EVAPORATED.
   §  9.  Subdivision  4  of section 874 of the general municipal law, as
 amended by chapter 357 of the laws of 1993 and paragraph (a) as  amended
 by chapter 386 of the laws of 2019, is amended to read as follows:
   (4)  (a)  The agency shall [establish] ADOPT a uniform [tax exemption]
 FINANCIAL ASSISTANCE policy, [with input from] SUBJECT TO  THE  APPROVAL
 OF  ALL  affected  tax  jurisdictions,  which shall be applicable to the
 provision of financial assistance  pursuant  to  section  eight  hundred
 fifty-nine-a  of  this  [chapter] TITLE and shall provide guidelines for
 the claiming  of  real  property,  mortgage  recording,  and  sales  tax
 exemptions.  Such guidelines shall include, but not be limited to: peri-
 od  of  exemption;  PAYMENTS  IN  LIEU  OF  TAXES,  AS  A  percentage of
 [exemption] TAXES THAT WOULD  HAVE  BEEN  LEVIED  BY  OR  ON  BEHALF  OF
 AFFECTED  TAX  JURISDICTIONS IF THE PROJECT WAS NOT TAX EXEMPT BY REASON
 OF AGENCY INVOLVEMENT; types of projects for  which  exemptions  can  be
 claimed; procedures for payments in lieu of taxes and instances in which
 real property appraisals are to be performed as a part of an application
 for  tax  exemption; in addition, agencies shall in adopting such policy
 consider such issues as: the extent to which a project  will  create  or
 retain  permanent,  private  sector jobs; the estimated value of any tax
 exemptions to be provided; whether affected tax jurisdictions  shall  be
 reimbursed  by  the  project  occupant if a project does not fulfill the
 purposes for which an exemption was provided; the impact of  a  proposed
 project  on  existing  and  proposed businesses and economic development
 projects in the vicinity; the amount of private sector investment gener-
 ated or likely to be generated by the proposed project; the demonstrated
 public support for the proposed project; the likelihood of accomplishing
 the proposed project in a timely fashion; the  effect  of  the  proposed
 project  upon  the  environment;  the  extent  to which the project will
 utilize, to the fullest extent practicable  and  economically  feasible,
 resource conservation, energy efficiency, green technologies, and alter-
 native  and  renewable energy measures; the extent to which the proposed
 project will require the provision of  additional  services,  including,
 but not limited to additional educational, transportation, police, emer-
 gency  medical  or  fire  services; and the extent to which the proposed
 project will provide additional sources of  revenue  for  municipalities
 and  school  districts.  THE ADOPTED UNIFORM FINANCIAL ASSISTANCE POLICY
 SHALL BE PROVIDED TO THE CHIEF EXECUTIVE OFFICER AND THE MEMBERS OF  THE
 GOVERNING  BODY  OF  EACH  AFFECTED  TAX  JURISDICTION AND SHALL BE MADE
 AVAILABLE FOR PUBLIC INSPECTION AT THE AGENCY'S OFFICE AND ON THE  AGEN-
 CY'S WEBSITE UPON ITS ADOPTION.
   (b)  The agency shall [establish a procedure] ADOPT CRITERIA for devi-
 ation from the  uniform  [tax  exemption]  FINANCIAL  ASSISTANCE  policy
 required  pursuant  to  this  subdivision, WHICH SHALL BE SUBJECT TO THE
 APPROVAL OF ALL AFFECTED LOCAL TAX JURISDICTIONS. The agency  shall  set
 forth  in  writing the reasons for deviation from such policy, and shall

 S. 8961                            10
 
 further notify the affected local taxing jurisdictions of  the  proposed
 deviation  from such policy and the reasons therefor NOT LESS THAN SIXTY
 DAYS BEFORE SUCH DEVIATION FROM THE UNIFORM TAX EXEMPTION  POLICY  TAKES
 EFFECT.
   §  10. Section 1953 of the public authorities law, as added by chapter
 759 of the laws of 1967, the opening paragraph and subdivisions 9 and 13
 as amended by chapter 907 of the laws  of  1972  and  subdivision  8  as
 amended,  subdivision  14  as added and subdivisions 15 and 16 as renum-
 bered by chapter 356 of the laws of 1993, is amended to read as follows:
   § 1953. Purpose and powers of  the  authority.  The  purposes  of  the
 authority  shall  be  to  promote,  develop, encourage and assist in the
 acquiring, constructing, reconstructing, improving, maintaining,  equip-
 ping  and furnishing industrial, manufacturing, warehouse, CIVIC FACILI-
 TIES, and commercial research facilities including industrial  pollution
 control  facilities, transportation facilities including but not limited
 to those relating to water, highway, rail and air, in one or more  areas
 of  the  city,  particularly but not exclusively at the site of what was
 formerly the Troy airport including an airstrip or  airport  located  in
 the  southern  section  of the city and thereby advance the job opportu-
 nities, health, general prosperity and economic welfare of the people of
 said city and to improve their standard of  living;  provided,  however,
 that  the  authority  shall  not undertake any project if the completion
 thereof would result in the removal of an  industrial  or  manufacturing
 plant of the project occupant from one area of the state to another area
 of  the  state or in the abandonment of one or more plants or facilities
 of the project applicant located within the  state,  provided,  however,
 that neither restriction shall apply if the authority shall determine on
 the  basis  of  the application before it that the project is reasonably
 necessary to discourage the project occupant from  removing  such  other
 plant  or  facility  to  a  location  outside the state or is reasonably
 necessary to preserve the competitive position of the  project  occupant
 in  its  respective  industry. To carry out said purposes, the authority
 shall have power:
   1. To sue and be sued;
   2. To have a seal and alter the same at pleasure;
   3. To acquire, hold and dispose of personal property for its corporate
 purpose;
   4. To acquire by purchase, grant, lease, gift, condemnation, or other-
 wise and to use, real property or rights or easements therein  necessary
 for  its  corporate  purposes,  and  to  sell,  convey, mortgage, lease,
 pledge, exchange or otherwise dispose  of  any  such  property  in  such
 manner  as  the authority shall determine. With respect to real property
 conveyed to it by the city, however, such power of disposition shall  be
 limited  as  hereinafter  provided  in  section  nineteen hundred [five]
 FIFTY-FIVE of this title;
   5.  TO ACQUIRE REAL PROPERTY WITHIN THE CITY OF TROY AS NECESSARY  FOR
 ITS  CORPORATE  PURPOSES PURSUANT TO SECTION EIGHT HUNDRED FIFTY-EIGHT-C
 OF THE GENERAL MUNICIPAL LAW;
   6. To make by-laws for the management and regulation  of  its  affairs
 and,  subject  to agreements with its bondholders, for the regulation of
 the use of the project;
   [6.] 7. With the consent of the city, to  use  agents,  employees  and
 facilities  of  the  city,  paying the city its agreed proportion of the
 compensation or costs;
   [7.] 8. To appoint officers, agents and employees, to prescribe  their
 qualifications  and to fix their compensation and to pay the same out of

 S. 8961                            11
 
 funds of the authority, subject, however, to the provisions of the civil
 service law as hereinafter provided in  section  nineteen  hundred  [and
 four] FIFTY-FOUR of this title;
   [8.]  9. To appoint an attorney, who may be the corporation counsel of
 the city, and to fix the  attorney's  compensation  for  services  which
 shall  be  payable  to  the  attorney,  and to retain and employ private
 consultants  for  professional  and  technical  assistance  and  advice;
 provided that an attorney acting as bond counsel for a project must file
 with  the authority a written statement in which the attorney identifies
 each party to the transaction which such attorney  represents.  If  bond
 counsel provides any legal services to parties other than the authority,
 the  written  statement  must  describe  the  nature  of  legal services
 provided by such bond counsel to all parties to the transaction, includ-
 ing the nature of the services provided to the authority;
   [9.] 10. To make contracts and leases upon such terms as the authority
 shall deem appropriate, including without limitation leases which  grant
 the  tenant of a project an option to renew or an option to purchase the
 project, or both, at a fixed or otherwise  predetermined  price  and  to
 execute all instruments necessary or convenient;
   [10.]  11.  To  acquire, construct, reconstruct, lease, improve, main-
 tain, equip or furnish one or more projects;
   [11.] 12. To accept gifts, grants, loans or  contributions  from,  and
 enter  into  contracts or other transactions with, the United States and
 the state or any agency of either of them, any municipality, any  public
 or  private  corporation  or any other legal entity, and to use any such
 gifts, grants, loans or contributions for any of its corporate purposes;
   [12.] 13. TO PROVIDE FINANCIAL ASSISTANCE IN  THE  FORM  OF  LOANS  TO
 IMPROVE,  MAINTAIN  OR  EQUIP  ONE  OR MORE PROJECTS CONSISTENT WITH ITS
 CORPORATE PURPOSES;
   14. TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS  TO  ONE  OR
 MORE PROJECTS CONSISTENT WITH ITS CORPORATE PURPOSES;
   15.  To  borrow money and to issue bonds and to provide for the rights
 of the holders thereof;
   [13.] 16. To designate the depositories of its money either within  or
 without the state of New York;
   [14.]  17.  To  enter  into  agreements  requiring payments in lieu of
 taxes. Such agreements shall be in writing  and  in  addition  to  other
 terms shall contain: the amount due annually to each affected tax juris-
 diction  (or  a  formula by which the amount due can be calculated), the
 name and address of the person, office or agency to which payment  shall
 be  delivered,  the date on which payment shall be made, and the date on
 which payment shall be considered delinquent if not paid. Unless  other-
 wise  agreed by the affected tax jurisdictions, any such agreement shall
 provide that payments in lieu of taxes shall be allocated among affected
 tax jurisdictions in proportion to the amount of real property  tax  and
 other  taxes  which would have been received by each affected tax juris-
 diction had the project not been tax exempt due to  the  status  of  the
 authority involved in the project. A copy of any such agreement shall be
 delivered to each affected tax jurisdiction within fifteen days of sign-
 ing  the  agreement.  In  the  absence  of  any  such written agreement,
 payments in lieu of taxes made by an agency shall be  allocated  in  the
 same  proportions  as  they  had  been  prior to January first, nineteen
 hundred ninety-three for so long as the authority's activities render  a
 project non-taxable by affected tax jurisdictions.
   [15.] 18. To establish and reestablish its fiscal year; and

 S. 8961                            12
 
   [16.]  19.  To  do all things necessary or convenient to carry out its
 purposes and exercise the powers expressly given in this title.
   §  11. Section 1953-a of the public authorities law, as added by chap-
 ter 356 of the laws of 1993, subdivision 1 as amended by chapter 357  of
 the laws of 1993, is amended to read as follows:
   §  1953-a.  Additional  prerequisites  to  the  provision of financial
 assistance. Prior to providing any financial  assistance  [of]  TOTALING
 more  than  one  hundred  thousand dollars to any project, the authority
 must comply with the following prerequisites:
   1. The authority must adopt a resolution describing  the  project  and
 TYPE  AND  AMOUNT  OF  the  financial  assistance  that the authority is
 contemplating with respect to such project.  Such  assistance  shall  be
 consistent  with the uniform [tax exemption] FINANCIAL ASSISTANCE policy
 adopted by the agency pursuant to subdivision one  of  section  nineteen
 hundred  sixty-three-a  of  this  [chapter] TITLE, unless the agency has
 followed procedures for deviation from such policy specified in subdivi-
 sion two of such section.
   2. The authority must hold  a  public  hearing  with  respect  to  the
 project  and the proposed financial assistance being contemplated by the
 authority NOT LESS THAN THIRTY DAYS PRIOR TO EXECUTING A WRITTEN  AGREE-
 MENT  TO  PROVIDE FINANCIAL ASSISTANCE.   At said public hearing, inter-
 ested parties shall be provided reasonable opportunity, both orally  and
 in  writing,  to present their views with respect to the project AND THE
 TYPE AND AMOUNT OF FINANCIAL ASSISTANCE TO BE  PROVIDED.  THE  AUTHORITY
 SHALL  ALSO  ACCEPT WRITTEN COMMENTS UP TO SEVEN DAYS AFTER SUCH HEARING
 IS HELD.
   3. The authority must give at least ten days published notice of  said
 public hearing and shall, at the same time, provide notice of such hear-
 ing  to  the  chief  executive  officer of the affected tax jurisdiction
 within which the project is located. The notice of  hearing  must  state
 the  time  and  place  of  the  hearing,  contain  a general, functional
 description of the project, describe the  prospective  location  of  the
 project,  identify the initial owner, operator or manager of the project
 and generally describe the  financial  assistance  contemplated  by  the
 authority with respect to the project.
   4.  THE  AUTHORITY  SHALL  MAINTAIN  A COMPLETE RECORD OF THE HEARING,
 INCLUDING ALL DOCUMENTS AND  ORAL  STATEMENTS,  AND  WRITTEN  STATEMENTS
 PRESENTED  AT  OR  WITHIN SEVEN DAYS FOLLOWING SUCH HEARING. ALL MEMBERS
 SHALL BE PROVIDED WITH A COPY OF SUCH RECORD AT LEAST SEVEN DAYS  BEFORE
 VOTING  WHETHER  TO  APPROVE  FINANCIAL ASSISTANCE FOR THE PROJECT. SUCH
 RECORD SHALL ALSO BE POSTED ON THE AUTHORITY WEBSITE AT THE TIME  IT  IS
 PROVIDED TO MEMBERS.
   §  12.  The  public  authorities  law  is  amended  by adding four new
 sections 1953-b, 1953-c, 1953-d and 1953-e to read as follows:
   § 1953-B. PROJECT APPLICATION AND APPROVAL CRITERIA.  1.  THE  PROJECT
 APPLICANT  SHALL  SUBMIT AN APPLICATION, DEVELOPED BY THE AUTHORITY, FOR
 APPROVAL OF A PROPOSED PROJECT AND FINANCIAL ASSISTANCE.  THE  AUTHORITY
 SHALL  ADOPT PROJECT APPLICATION REVIEW AND APPROVAL CRITERIA THAT SHALL
 BE APPLIED TO ALL PROJECT APPLICATIONS UNDER CONSIDERATION FOR  APPROVAL
 AND  FINANCIAL ASSISTANCE. THE DECISION TO APPROVE OR NOT APPROVE FINAN-
 CIAL ASSISTANCE SHALL BE BASED ON, BUT NOT LIMITED TO, CONSIDERATION  OF
 THE FOLLOWING CRITERIA:
   (A)  STRATEGIC OBJECTIVES. CONSIDERATION IS TO BE GIVEN TO THE PURPOSE
 OF THE PROJECT, SUCH AS THE NATURE OF THE PLANNED BUSINESS ACTIVITY, THE
 EXTENT TO WHICH THE PLANNED BUSINESS ACTIVITY IS UNREPRESENTED OR UNDER-

 S. 8961                            13
 
 REPRESENTED IN THE COMMUNITY, AND WHETHER THE PROJECT INVOLVES  A  BUSI-
 NESS INTERESTED IN RELOCATING FROM OUTSIDE THE STATE OF NEW YORK.
   (B)  JOB  CREATION. A DECISION TO FUND A PROJECT SHALL BE BASED ON THE
 NUMBER OF JOBS TO BE CREATED OR RETAINED BY THE  PROPOSED  PROJECT,  THE
 RANGE  OF  PROJECTED  SALARIES  AND  BENEFITS ASSOCIATED WITH JOBS TO BE
 CREATED, AND THE BENCHMARKS AND TIMEFRAMES TO BE USED BY THE PROJECT  TO
 DETERMINE  WHETHER  IT  IS  MEETING PROJECTED JOB CREATION AND RETENTION
 GOALS.
   (C) THE FINANCIAL VIABILITY OF THE PROJECT. APPROVAL FOR FUNDING SHALL
 CONSIDER THE EXTENT TO WHICH THE VIABILITY AND SUCCESS OF THE PROJECT IS
 DEPENDENT ON FINANCIAL ASSISTANCE  FROM  THE  AUTHORITY.  THE  AUTHORITY
 SHALL  ALSO  CONSIDER  THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE BEING
 REQUESTED, THE AMOUNT AND TYPE OF PRIVATE FINANCING REQUIRED, THE AMOUNT
 AND TYPE OF CAPITAL INVESTMENT TO BE PROVIDED BY THE PROJECT  APPLICANT,
 AND  ANY  PRIOR  FINANCIAL  ASSISTANCE PROVIDED TO THE PROJECT OR TO THE
 PROJECT APPLICANT.
   (D) ECONOMIC BENEFITS. FUNDING DECISIONS SHALL CONSIDER THE  POTENTIAL
 ECONOMIC  AND  FINANCIAL IMPACT OF THE PROJECT ON EXISTING BUSINESSES IN
 THE AREA, ON THE AFFECTED TAX JURISDICTIONS,  AND  ON  THE  LOCAL  LABOR
 MARKET.
   (E)  LEGAL  ISSUES. CONSIDERATION SHALL BE GIVEN TO THE PROJECT APPLI-
 CANT'S RECORD OF COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
   2. THE PROJECT APPLICATION  REVIEW  AND  APPROVAL  CRITERIA  SHALL  BE
 REVIEWED AND APPROVED ANNUALLY AT A REGULAR MEETING OF THE AUTHORITY AND
 MADE AVAILABLE TO THE PUBLIC ON THE AUTHORITY'S WEBSITE.
   3.  THE AUTHORITY SHALL PROVIDE THE DIRECTOR OF THE AUTHORITIES BUDGET
 OFFICE WITH AN ELECTRONIC COPY OF THE APPLICATION AND PROJECT REVIEW AND
 APPROVAL CRITERIA WITHIN THIRTY DAYS OF THEIR ADOPTION OR REVISION.
   4. THE AUTHORITY SHALL RETAIN A WRITTEN RECORD OF  THE  EVALUATION  OF
 EACH  PROJECT  APPLICATION  TO  DOCUMENT ITS DECISION TO PROVIDE OR DENY
 FINANCIAL ASSISTANCE.
   § 1953-C. FINANCIAL ASSISTANCE AGREEMENT. 1. THE AUTHORITY SHALL ENTER
 INTO A WRITTEN AGREEMENT WITH THE PROJECT APPLICANT PRIOR  TO  PROVIDING
 FINANCIAL ASSISTANCE. THE AGREEMENT SHALL INCLUDE THE FOLLOWING INFORMA-
 TION:
   (A) A DESCRIPTION OF THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE TO BE
 PROVIDED  BY  THE  AUTHORITY,  INCLUDING  A DESCRIPTION AND THE VALUE OF
 PROPERTY CONVEYED AT LESS THAN FAIR MARKET VALUE;
   (B) A DESCRIPTION OF THE AMOUNT OF FINANCING TO  BE  PROVIDED  BY  THE
 PROJECT  APPLICANT,  INCLUDING THE AMOUNT AND TYPE OF CAPITAL INVESTMENT
 TO BE PROVIDED;
   (C) THE PURPOSE OF THE PROJECT;
   (D) THE AMOUNT, TYPES, SOURCES AND COMMITMENTS OF ANY PRIVATE  FINANC-
 ING;
   (E)  THE  PROJECTED  NUMBER  OF  NEW FULL-TIME AND PART-TIME POSITIONS
 EXPECTED TO BE CREATED OVER THE PERIOD OF FINANCIAL ASSISTANCE,  AND  AN
 ESTIMATED SCHEDULE BY YEAR OF WHEN THOSE POSITIONS WILL BE CREATED;
   (F)  THE  NUMBER  AND  TYPES  OF  FULL-TIME  AND  PART-TIME JOBS TO BE
 RETAINED, AND THE NUMBER OF FILLED POSITIONS AT THE PROJECT  AS  OF  THE
 DATE THE AGREEMENT IS EXECUTED;
   (G)  THE  TYPES  AND  VALUE  OF  OTHER  FORMS  OF FINANCIAL ASSISTANCE
 PROVIDED TO THE PROJECT OR REQUESTED BY THE PROJECT APPLICANT FROM OTHER
 STATE OR LOCAL GOVERNMENT AGENCIES OR AUTHORITIES; AND
   (H) THE PENALTIES TO BE IMPOSED ON THE PROJECT APPLICANT IF THE  TERMS
 OF THE AGREEMENT ARE NOT MET.

 S. 8961                            14
 
   2.  THE LENGTH OF A FINANCIAL ASSISTANCE AGREEMENT SHALL BE LIMITED TO
 NO MORE THAN FIVE YEARS; PROVIDED HOWEVER  THAT  THE  AGREEMENT  MAY  BE
 RENEWED FOR UP TO FIVE ADDITIONAL YEARS IF THE AUTHORITY DETERMINES THAT
 THE  PROJECT  APPLICANT  HAS  ACTED  IN GOOD FAITH TO MEET THE TERMS AND
 CONDITIONS OF THE AGREEMENT. IN NO EVENT MAY FINANCIAL ASSISTANCE IN THE
 FORM  OF  A LOAN OR EXEMPTION FROM TAXATION BE PROVIDED TO A PROJECT FOR
 MORE THAN TEN YEARS.
   3. THE FINANCIAL ASSISTANCE AGREEMENT SHALL BE MADE AVAILABLE  TO  THE
 PUBLIC ON THE WEBSITE OF THE AUTHORITY.
   4. THE AUTHORITY SHALL ADOPT A METHODOLOGY TO EVALUATE THE CONFORMANCE
 OF  EACH  ASSISTED  PROJECT TO THE TERMS AND CONDITIONS OF THE FINANCIAL
 ASSISTANCE AGREEMENT. THIS METHODOLOGY SHALL BE MADE  AVAILABLE  TO  THE
 PUBLIC ON THE AUTHORITY'S WEBSITE.
   § 1953-D. RECAPTURE OF CERTAIN FINANCIAL ASSISTANCE. 1. THE AUTHORITY,
 PURSUANT  TO THE TERMS AND CONDITIONS OF ITS FINANCIAL ASSISTANCE AGREE-
 MENT, MAY RECAPTURE FINANCIAL ASSISTANCE TO A PROJECT FROM THE  PROCEEDS
 OF  BONDS ISSUED BY THE AUTHORITY, MORTGAGE RECORDING TAX EXEMPTIONS, OR
 LOCAL SALES OR COMPENSATING  USE  TAX  EXEMPTIONS  IF  (A)  THE  PROJECT
 VIOLATES  STATE  OR FEDERAL TAX LAW, LABOR LAW, ENVIRONMENTAL PROTECTION
 LAW, OR CONTRACT LAW, OR ANY STATE OR FEDERAL RULE OR REGULATION  IMPLE-
 MENTING  SUCH LAW, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION OR
 ADMINISTRATIVE TRIBUNAL, PROVIDED THAT SUCH COURT OR TRIBUNAL  CONCLUDES
 THAT  THE  VIOLATION WOULD CAUSE MATERIAL HARM TO THE ECONOMY OR QUALITY
 OF LIFE OF THE COMMUNITY; OR (B) ALL OR PART OF THE  PROJECT'S  BUSINESS
 ACTIVITY  OR  WORKFORCE  IS  MOVED  TO  A LOCATION OUTSIDE THE COMMUNITY
 SERVED BY THE AUTHORITY AND BY DOING SO VIOLATES THE  TERMS  AND  CONDI-
 TIONS OF ITS FINANCIAL ASSISTANCE AGREEMENT.
   2.  AN  AUTHORITY  WHICH ELECTS TO INITIATE THE RECAPTURE OF FINANCIAL
 ASSISTANCE PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  FIFTY-
 NINE-F  OF  THE  GENERAL MUNICIPAL LAW MUST NOTIFY THE RECIPIENT OF SUCH
 FINANCIAL ASSISTANCE IN WRITING THAT IT IS IN DEFAULT OF  ITS  FINANCIAL
 ASSISTANCE  AGREEMENT  AND MAY DIRECT THE RECIPIENT OF FINANCIAL ASSIST-
 ANCE TO REPAY UP  TO  THE  FULL  AMOUNT  OF  SUCH  FINANCIAL  ASSISTANCE
 RECEIVED  AS OF THE DATE OF THE WRITTEN NOTICE PLUS INTEREST AT THE RATE
 SET FORTH IN SECTION FIVE THOUSAND FOUR OF THE CIVIL  PRACTICE  LAW  AND
 RULES.
   3.  FINANCIAL  ASSISTANCE  RECAPTURED PURSUANT TO THIS SECTION AND ANY
 INTEREST PAID SHALL BE REDISTRIBUTED TO AFFECTED  TAX  JURISDICTIONS  IN
 PROPORTION  TO  THE  AMOUNT  OF  REAL PROPERTY TAX AND OTHER TAXES WHICH
 WOULD HAVE BEEN RECEIVED BY  EACH  AFFECTED  TAX  JURISDICTION  HAD  THE
 PROJECT NOT BEEN TAX EXEMPT. UNLESS OTHERWISE AGREED TO IN WRITING BY AN
 AFFECTED TAX JURISDICTION, THE AUTHORITY SHALL NOT RETAIN ANY PORTION OF
 SUCH FUNDS AS AN ADMINISTRATIVE OR PROJECT FEE.
   §  1953-E.  WAGES  AND  STANDARDS.  WHENEVER  A RECIPIENT OF FINANCIAL
 ASSISTANCE FROM THE AUTHORITY ENTERS INTO A CONTRACT, SUBCONTRACT, LEASE
 OR OTHER AGREEMENT FOR OR IN CONNECTION WITH THE  CONSTRUCTION,  DEMOLI-
 TION,  RECONSTRUCTION,  REHABILITATION,  REPAIR,  OR  RENOVATION  OF  AN
 ASSISTED PROJECT, THE RECIPIENT OF FINANCIAL ASSISTANCE SHALL PAY  WORK-
 ERS  ENGAGED  IN  SUCH WORK NO LESS THAN THE PREVAILING RATE OF WAGE AND
 SUPPLEMENTS UNDER ARTICLE EIGHT OF THE LABOR LAW.
   § 13. Section 1963-a of the public  authorities  law,  as  amended  by
 chapter  357 of the laws of 1993 and subdivision 1 as amended by chapter
 386 of the laws of 2019, is amended to read as follows:
   § 1963-a. Uniform [tax exemption] FINANCIAL ASSISTANCE policy. 1.  The
 authority  shall  [establish]  ADOPT a uniform [tax exemption] FINANCIAL
 ASSISTANCE policy, [with input from] SUBJECT TO THE APPROVAL OF affected

 S. 8961                            15
 
 local taxing jurisdictions, which shall be applicable to  provisions  of
 financial  assistance pursuant to section nineteen hundred fifty-three-a
 of this title and shall provide guidelines  for  the  claiming  of  real
 property,  mortgage recording, and sales tax exemptions. Such guidelines
 shall include, but not be limited to: period of exemption;  PAYMENTS  IN
 LIEU  OF TAXES AS A percentage of [exemption] TAXES THAT WOULD HAVE BEEN
 LEVIED BY OR ON BEHALF OF AFFECTED TAX JURISDICTIONS IF THE PROJECT  WAS
 NOT  EXEMPT  BY  REASON  OF AUTHORITY INVOLVEMENT; types of projects for
 which exemptions can be claimed; procedures  for  payments  in  lieu  of
 taxes  and  instances  in  which  real  property  appraisals  are  to be
 performed as a part of an application for tax  exemption;  in  addition,
 the authority in adopting such policy shall consider such issues as: the
 extent  to  which  a  project  will  create or retain permanent, private
 sector jobs; the estimated value of any tax exemption  to  be  provided;
 whether  affected  tax jurisdictions should be reimbursed by the project
 occupant if a project  does  not  fulfill  the  purposes  for  which  an
 exemption was provided; the impact of a proposed project on existing and
 proposed  businesses  and economic development projects in the vicinity;
 the amount of private sector investment generated or likely to be gener-
 ated by the proposed project; the demonstrated public  support  for  the
 proposed  project;  the likelihood of accomplishing the proposed project
 in a timely fashion; the effect of the proposed project upon  the  envi-
 ronment;  the  extent  to which the project will utilize, to the fullest
 extent practicable and  economically  feasible,  resource  conservation,
 energy  efficiency,  green  technologies,  and alternative and renewable
 energy measures; the extent to which the proposed project  will  require
 the  provision  of  additional  services,  including, but not limited to
 additional educational, transportation,  police,  emergency  medical  or
 fire services; and the extent to which the proposed project will provide
 additional  sources  [or]  OF  revenue  for  municipalities  and  school
 districts. THE ADOPTED UNIFORM  FINANCIAL  ASSISTANCE  POLICY  SHALL  BE
 PROVIDED  TO  THE  CHIEF  EXECUTIVE OFFICER AND MEMBERS OF THE GOVERNING
 BODY OF EACH AFFECTED TAX JURISDICTION AND SHALL BE MADE  AVAILABLE  FOR
 PUBLIC  INSPECTION  AT  THE  AUTHORITY'S  OFFICE  AND ON THE AUTHORITY'S
 WEBSITE UPON ITS ADOPTION.
   2. The authority shall [establish  a  procedure]  ADOPT  CRITERIA  for
 deviation  from  the uniform [tax exemption] FINANCIAL ASSISTANCE policy
 required pursuant to this section WHICH SHALL BE SUBJECT TO THE APPROVAL
 OF AFFECTED LOCAL TAX JURISDICTIONS. The authority shall  set  forth  in
 writing  the  reasons  for deviation from such policy, and shall further
 notify the affected tax jurisdictions of  the  proposed  deviation  from
 such  policy  and  the  reasons therefor NOT LESS THAN SIXTY DAYS BEFORE
 SUCH DEVIATION FROM THE UNIFORM TAX EXEMPTION POLICY TAKES EFFECT.
   § 14. Section 2306 of the public authorities law, as added by  chapter
 915 of the laws of 1969, the opening paragraph and an undesignated para-
 graph  as  amended  by chapter 304 of the laws of 2013, subdivision 9 as
 amended by chapter 556 of the laws of 1973 and subdivision 8 as amended,
 subdivision 14 as added and subdivisions 15  and  16  as  renumbered  by
 chapter 356 of the laws of 1993, is amended to read as follows:
   §  2306.  Purpose  and  powers  of  the authority. The purposes of the
 authority shall be to promote, develop,  encourage  and  assist  in  the
 acquiring,  constructing, reconstructing, improving, maintaining, equip-
 ping and furnishing industrial, manufacturing, warehouse, CIVIC  FACILI-
 TIES,  commercial  and  research  facilities and facilities for use by a
 federal agency or a  medical  facility  including  industrial  pollution
 control  facilities, which may include transportation facilities includ-

 S. 8961                            16
 
 ing but not limited to those relating to water, highway, rail  and  air,
 in  one  or more areas of the city, and thereby advance the job opportu-
 nities, health, general prosperity and economic welfare of the people of
 said  city  and  to  improve  their medical care and standard of living;
 provided, however, that the authority shall not undertake any project if
 the completion thereof would result in the removal of an  industrial  or
 manufacturing  plant  of the project occupant from one area of the state
 to another area of the state or in abandonment of one or more plants  or
 facilities  of the project applicant located within the state, provided,
 however, that neither restriction shall apply  if  the  authority  shall
 determine  on the basis of the application before it that the project is
 reasonably necessary to discourage the project  occupant  from  removing
 such  other  plant  or  facility  to  a location outside the state or is
 reasonably necessary to preserve the competitive position of the project
 occupant in its respective industry. Except as otherwise provided for in
 this section, no financial assistance of the authority shall be provided
 in respect of any project where facilities or property that are primari-
 ly used in making retail sales to customers who  personally  visit  such
 facilities constitute more than one-third of the total project cost. For
 the  purposes of this article, "retail sales" shall mean: (i) sales by a
 registered vendor under article twenty-eight of the  tax  law  primarily
 engaged  in the retail sale of tangible personal property, as defined in
 subparagraph (i) of paragraph four of subdivision (b) of section  eleven
 hundred  one  of the tax law; or (ii) sales of a service to such custom-
 ers. Except, however, that tourism destination  projects  shall  not  be
 prohibited  by this paragraph. For the purpose of this paragraph, "tour-
 ism destination" shall mean a location or facility which  is  likely  to
 attract  a  significant  number  of  visitors  from outside the economic
 development region as established by section two hundred thirty  of  the
 economic development law, in which the project is located.
   Notwithstanding  the  provisions of this section to the contrary, such
 financial assistance may, however, be provided to a project where facil-
 ities or property that are primarily used  in  making  retail  sales  of
 goods  or  services to customers who personally visit such facilities to
 obtain such goods or services constitute  more  than  one-third  of  the
 total  project  cost,  where: (i) the predominant purpose of the project
 would be to make available goods or services which would  not,  but  for
 the  project,  be  reasonably accessible to the residents of the city of
 Auburn because of a lack of reasonably accessible retail  trade  facili-
 ties  offering such goods or services; or (ii) the project is located in
 a highly distressed area. With respect to projects  authorized  pursuant
 to  this  paragraph  no  project  shall be approved unless the authority
 shall find after the public hearing  required  by  section  twenty-three
 hundred  seven of this title that undertaking the project will serve the
 public purposes of this article by preserving permanent, private  sector
 jobs  or increasing the overall number of permanent, private sector jobs
 in the state. Where the authority makes such a finding, prior to provid-
 ing financial assistance to the project  by  the  authority,  the  chief
 executive  officer  of  the  city  of  Auburn shall confirm the proposed
 action of the authority. To carry out said purpose, the authority  shall
 have power:
   1. To sue and be sued;
   2. To have a seal and alter the same at pleasure;
   3. To acquire, hold and dispose of personal property for its corporate
 purpose;

 S. 8961                            17
 
   4. To acquire by purchase, grant, lease, gift, condemnation, or other-
 wise  and to use, real property or rights or easements therein necessary
 for its corporate  purposes,  and  to  sell,  convey,  mortgage,  lease,
 pledge,  exchange  or  otherwise  dispose  of  any such property in such
 manner  as  the authority shall determine. With respect to real property
 conveyed to it by the city, however, such power of disposition shall  be
 limited  as  hereinafter provided in section twenty-three hundred ten of
 this title;
   5. TO ACQUIRE REAL PROPERTY WITHIN THE CITY OF AUBURN AS NECESSARY FOR
 ITS CORPORATE PURPOSES PURSUANT TO SECTION EIGHT  HUNDRED  FIFTY-EIGHT-C
 OF THE GENERAL MUNICIPAL LAW;
   6.  To  make  by-laws for the management and regulation of its affairs
 and, subject to agreements with its bondholders, for the  regulation  of
 the use of the project[.];
   [6.]  7.  With  the  consent of the city, to use agents, employees and
 facilities of the city, paying the city its  agreed  proportion  of  the
 compensation or costs[.];
   [7.]  8. To appoint officers, agents and employees, to prescribe their
 qualifications and to fix their compensation and to pay the same out  of
 funds of the authority, subject, however, to the provisions of the civil
 service  law  hereinafter provided in section twenty-three hundred eight
 of this title;
   [8.] 9. To retain and employ  financial  advisors,  engineers,  archi-
 tects,  attorneys  and  other consultants for professional and technical
 assistance and advice; that an attorney acting as  bond  counsel  for  a
 project  must  file  with the authority a written statement in which the
 attorney identifies each party to the transaction  which  such  attorney
 represents.  If  bond counsel provides any legal services to the parties
 other than the authority, the written statement must describe the nature
 of legal services provided by such bond counsel to all  parties  to  the
 transaction,  including  the  nature  of  the  services  provided to the
 authority;
   [9.] 10. To make contracts and leases upon such terms as the authority
 shall deem appropriate, including without limitation leases which  grant
 the  tenant of a project an option to renew or an option to purchase the
 project, or both, at a fixed or otherwise predetermined  price,  and  to
 execute all instruments necessary or convenient;
   [10.]  11.  To  acquire, construct, reconstruct, lease, improve, main-
 tain, equip or furnish one or more projects;
   [11.] 12. To accept gifts, grants, loans or  contributions  from,  and
 enter  into  contracts or other transactions with, the United States and
 the state or any agency of either of them, any municipality, any  public
 or  private  corporation  or any other legal entity, and to use any such
 gifts, grants, loans or contributions for any of its corporate purposes;
   [12.] 13. TO PROVIDE FINANCIAL ASSISTANCE IN  THE  FORM  OF  LOANS  TO
 IMPROVE,  MAINTAIN  OR  EQUIP  ONE  OR MORE PROJECTS CONSISTENT WITH ITS
 CORPORATE PURPOSES;
   14. TO PROVIDE FINANCIAL ASSISTANCE IN THE FORM OF GRANTS FOR  ONE  OR
 MORE PROJECTS CONSISTENT WITH ITS CORPORATE PURPOSES;
   15.  To  borrow money and to issue bonds and to provide for the rights
 of the holders thereof;
   [13.] 16. To designate the depositories of its money in  the  city  of
 Auburn[.];
   [14.]  17.  To  enter  into  agreements  requiring payments in lieu of
 taxes. Such agreements shall be in writing  and  in  addition  to  other
 terms shall contain: the amount due annually to each affected tax juris-

 S. 8961                            18
 
 diction  (or  a  formula by which the amount due can be calculated), the
 name and address of the person, office or agency to which payment  shall
 be  delivered, the date on which the payment shall be made, and the date
 on  which  payment  shall  be  considered delinquent if not paid. Unless
 otherwise agreed by the affected tax jurisdictions, any  such  agreement
 shall  provide  that  payments in lieu of taxes shall be allocated among
 affected tax jurisdictions in proportion to the amount of real  property
 tax  and other taxes which would have been received by each affected tax
 jurisdiction had the project not been tax exempt due to  the  status  of
 the  agency  involved in the project. A copy of any such agreement shall
 be delivered to each tax affected jurisdiction within  fifteen  days  of
 signing  the  agreement.  In  the absence of any such written agreement,
 payments in lieu of taxes shall be allocated in the same proportions  as
 they  had been prior to January first, nineteen hundred ninety-three for
 so long as the authority's activities render a  project  non-taxable  by
 affected tax jurisdictions[.];
   [15.] 18. To establish and reestablish its fiscal year; and
   [16.]  19.  To  do all things necessary or convenient to carry out its
 purposes and exercise the powers expressly given in this title.
   § 15. Section 2307 of the public authorities law, as added by  chapter
 356  of the laws of 1993, and subdivision 1 as amended by chapter 357 of
 the laws of 1993, is amended to read as follows:
   § 2307. Additional prerequisites to the provision of financial assist-
 ance. Prior to providing any financial  assistance  [of]  TOTALING  more
 than  one  hundred  thousand  dollars to any project, the authority must
 comply with the following prerequisites:
   1. The authority must adopt a resolution describing  the  project  and
 TYPE  AND  AMOUNT  OF  the  financial  assistance  that the authority is
 contemplating with respect to such project.  Such  assistance  shall  be
 consistent  with the uniform [tax exemption] FINANCIAL ASSISTANCE policy
 adopted by the agency pursuant to subdivision  one  of  section  twenty-
 three  hundred  fifteen  of this chapter, unless the agency has followed
 procedures for deviation from such policy specified in  subdivision  two
 of such section.
   2.  The  authority  must  hold  a  public  hearing with respect to the
 project and the proposed financial assistance being contemplated by  the
 authority  NOT LESS THAN THIRTY DAYS PRIOR TO EXECUTING A WRITTEN AGREE-
 MENT TO PROVIDE FINANCIAL ASSISTANCE.   At said public  hearing,  inter-
 ested  parties shall be provided reasonable opportunity, both orally and
 in writing, to present their views with respect to the project  AND  THE
 TYPE  AND  AMOUNT  OF FINANCIAL ASSISTANCE TO BE PROVIDED. THE AUTHORITY
 SHALL ALSO ACCEPT WRITTEN COMMENTS UP TO SEVEN DAYS AFTER  SUCH  HEARING
 IS HELD.
   3.  The authority must give at least ten days published notice of said
 public hearing and shall, at the same time, provide notice of such hear-
 ing to the chief executive officer of each affected tax  [jurisidiction]
 JURISDICTION  within which the project is located. The notice of hearing
 must state the time and place of the hearing, contain a  general,  func-
 tional  description of the project, describe the prospective location of
 the project, identify the initial owner,  operator  or  manager  of  the
 project  and generally describe the financial assistance contemplated by
 the authority with respect to the project.
   4. THE AUTHORITY SHALL MAINTAIN A  COMPLETE  RECORD  OF  THE  HEARING,
 INCLUDING  ALL  DOCUMENTS  AND  ORAL  STATEMENTS, AND WRITTEN STATEMENTS
 PRESENTED AT OR WITHIN SEVEN DAYS FOLLOWING SUCH  HEARING.  ALL  MEMBERS
 SHALL  BE PROVIDED WITH A COPY OF SUCH RECORD AT LEAST SEVEN DAYS BEFORE

 S. 8961                            19
 
 DECIDING WHETHER TO APPROVE FINANCIAL ASSISTANCE FOR THE  PROJECT.  SUCH
 RECORD SHALL ALSO BE POSTED ON THE AUTHORITY'S WEBSITE AT THE TIME IT IS
 PROVIDED TO MEMBERS.
   §  16.  The  public  authorities  law  is  amended  by adding four new
 sections 2307-a, 2307-b, 2307-c and 2307-d to read as follows:
   § 2307-A. PROJECT APPLICATION AND APPROVAL CRITERIA.  1.  THE  PROJECT
 APPLICANT  SHALL  SUBMIT AN APPLICATION, DEVELOPED BY THE AUTHORITY, FOR
 APPROVAL OF A PROPOSED PROJECT AND FINANCIAL ASSISTANCE.  THE  AUTHORITY
 SHALL  ADOPT PROJECT APPLICATION REVIEW AND APPROVAL CRITERIA THAT SHALL
 BE APPLIED TO ALL PROJECT APPLICATIONS UNDER CONSIDERATION FOR  APPROVAL
 AND  FINANCIAL ASSISTANCE. THE DECISION TO APPROVE OR NOT APPROVE FINAN-
 CIAL ASSISTANCE SHALL BE BASED ON, BUT NOT LIMITED TO, CONSIDERATION  OF
 THE FOLLOWING CRITERIA:
   (A)  STRATEGIC OBJECTIVES. CONSIDERATION IS TO BE GIVEN TO THE PURPOSE
 OF THE PROJECT, SUCH AS THE NATURE OF THE PLANNED BUSINESS ACTIVITY, THE
 EXTENT TO WHICH THE PLANNED BUSINESS ACTIVITY IS UNREPRESENTED OR UNDER-
 REPRESENTED IN THE COMMUNITY, AND WHETHER THE PROJECT INVOLVES  A  BUSI-
 NESS INTERESTED IN RELOCATING FROM OUTSIDE THE STATE OF NEW YORK.
   (B)  JOB  CREATION. A DECISION TO FUND A PROJECT SHALL BE BASED ON THE
 NUMBER OF JOBS TO BE CREATED OR RETAINED BY THE  PROPOSED  PROJECT,  THE
 RANGE  OF  PROJECTED  SALARIES  AND  BENEFITS ASSOCIATED WITH JOBS TO BE
 CREATED, AND THE BENCHMARKS AND TIMEFRAMES TO BE USED BY THE PROJECT  TO
 DETERMINE  WHETHER  IT  IS  MEETING PROJECTED JOB CREATION AND RETENTION
 GOALS.
   (C) THE FINANCIAL VIABILITY OF THE PROJECT. APPROVAL FOR FUNDING SHALL
 CONSIDER THE EXTENT TO WHICH THE VIABILITY AND SUCCESS OF THE PROJECT IS
 DEPENDENT ON FINANCIAL ASSISTANCE  FROM  THE  AUTHORITY.  THE  AUTHORITY
 SHALL  ALSO  CONSIDER  THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE BEING
 REQUESTED, THE AMOUNT AND TYPE OF PRIVATE FINANCING REQUIRED, THE AMOUNT
 AND TYPE OF CAPITAL INVESTMENT TO BE PROVIDED BY THE PROJECT  APPLICANT,
 AND  ANY  PRIOR  FINANCIAL  ASSISTANCE PROVIDED TO THE PROJECT OR TO THE
 PROJECT APPLICANT.
   (D) ECONOMIC BENEFITS. FUNDING DECISIONS SHALL CONSIDER THE  POTENTIAL
 ECONOMIC  AND  FINANCIAL IMPACT OF THE PROJECT ON EXISTING BUSINESSES IN
 THE AREA, ON THE AFFECTED TAX JURISDICTIONS,  AND  ON  THE  LOCAL  LABOR
 MARKET.
   (E)  LEGAL  ISSUES. CONSIDERATION SHALL BE GIVEN TO THE PROJECT APPLI-
 CANT'S RECORD OF COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS.
   2. THE PROJECT APPLICATION  REVIEW  AND  APPROVAL  CRITERIA  SHALL  BE
 REVIEWED AND APPROVED ANNUALLY AT A REGULAR MEETING OF THE AUTHORITY AND
 MADE AVAILABLE TO THE PUBLIC ON THE AUTHORITY'S WEBSITE.
   3.  THE AUTHORITY SHALL PROVIDE THE DIRECTOR OF THE AUTHORITIES BUDGET
 OFFICE WITH AN ELECTRONIC COPY OF THE APPLICATION AND PROJECT REVIEW AND
 APPROVAL CRITERIA WITHIN THIRTY DAYS OF THEIR ADOPTION OR REVISION.
   4. THE AUTHORITY SHALL RETAIN A WRITTEN RECORD OF  THE  EVALUATION  OF
 EACH  PROJECT  APPLICATION  TO  DOCUMENT ITS DECISION TO PROVIDE OR DENY
 FINANCIAL ASSISTANCE.
   § 2307-B. FINANCIAL ASSISTANCE AGREEMENT. 1. THE AUTHORITY SHALL ENTER
 INTO A WRITTEN AGREEMENT WITH THE PROJECT APPLICANT PRIOR  TO  PROVIDING
 FINANCIAL ASSISTANCE. THE AGREEMENT SHALL INCLUDE THE FOLLOWING INFORMA-
 TION:
   (A) A DESCRIPTION OF THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE TO BE
 PROVIDED  BY  THE  AUTHORITY,  INCLUDING  A DESCRIPTION AND THE VALUE OF
 PROPERTY CONVEYED AT LESS THAN FAIR MARKET VALUE;

 S. 8961                            20

   (B) A DESCRIPTION OF THE AMOUNT OF FINANCING TO  BE  PROVIDED  BY  THE
 PROJECT  APPLICANT,  INCLUDING THE AMOUNT AND TYPE OF CAPITAL INVESTMENT
 TO BE PROVIDED;
   (C) THE PURPOSE OF THE PROJECT;
   (D)  THE AMOUNT, TYPES, SOURCES AND COMMITMENTS OF ANY PRIVATE FINANC-
 ING;
   (E) THE PROJECTED NUMBER OF  NEW  FULL-TIME  AND  PART-TIME  POSITIONS
 EXPECTED  TO  BE CREATED OVER THE PERIOD OF FINANCIAL ASSISTANCE, AND AN
 ESTIMATED SCHEDULE BY YEAR OF WHEN THOSE POSITIONS WILL BE CREATED;
   (F) THE NUMBER AND  TYPES  OF  FULL-TIME  AND  PART-TIME  JOBS  TO  BE
 RETAINED,  AND  THE  NUMBER OF FILLED POSITIONS AT THE PROJECT AS OF THE
 DATE THE AGREEMENT IS EXECUTED;
   (G) THE TYPES  AND  VALUE  OF  OTHER  FORMS  OF  FINANCIAL  ASSISTANCE
 PROVIDED TO THE PROJECT OR REQUESTED BY THE PROJECT APPLICANT FROM OTHER
 STATE OR LOCAL GOVERNMENT AGENCIES OR AUTHORITIES; AND
   (H)  THE PENALTIES TO BE IMPOSED ON THE PROJECT APPLICANT IF THE TERMS
 OF THE AGREEMENT ARE NOT MET.
   2. THE LENGTH OF A FINANCIAL ASSISTANCE AGREEMENT SHALL BE LIMITED  TO
 NO  MORE  THAN  FIVE  YEARS;  PROVIDED HOWEVER THAT THE AGREEMENT MAY BE
 RENEWED FOR UP TO FIVE ADDITIONAL YEARS IF THE AUTHORITY DETERMINES THAT
 THE PROJECT APPLICANT HAS ACTED IN GOOD FAITH  TO  MEET  THE  TERMS  AND
 CONDITIONS OF THE AGREEMENT. IN NO EVENT MAY FINANCIAL ASSISTANCE IN THE
 FORM  OF  A LOAN OR EXEMPTION FROM TAXATION BE PROVIDED TO A PROJECT FOR
 MORE THAN TEN YEARS.
   3. THE FINANCIAL ASSISTANCE AGREEMENT SHALL BE MADE AVAILABLE  TO  THE
 PUBLIC ON THE WEBSITE OF THE AUTHORITY.
   4. THE AUTHORITY SHALL ADOPT A METHODOLOGY TO EVALUATE THE CONFORMANCE
 OF  EACH  ASSISTED  PROJECT TO THE TERMS AND CONDITIONS OF THE FINANCIAL
 ASSISTANCE AGREEMENT. THIS METHODOLOGY SHALL BE MADE  AVAILABLE  TO  THE
 PUBLIC ON THE AUTHORITY'S WEBSITE.
   § 2307-C. RECAPTURE OF CERTAIN FINANCIAL ASSISTANCE. 1. THE AUTHORITY,
 PURSUANT  TO THE TERMS AND CONDITIONS OF ITS FINANCIAL ASSISTANCE AGREE-
 MENT, MAY RECAPTURE FINANCIAL ASSISTANCE TO A PROJECT FROM THE  PROCEEDS
 OF  BONDS ISSUED BY THE AUTHORITY, MORTGAGE RECORDING TAX EXEMPTIONS, OR
 LOCAL SALES OR COMPENSATING  USE  TAX  EXEMPTIONS  IF  (A)  THE  PROJECT
 VIOLATES  STATE  OR FEDERAL TAX LAW, LABOR LAW, ENVIRONMENTAL PROTECTION
 LAW, OR CONTRACT LAW, OR ANY STATE OR FEDERAL RULE OR REGULATION  IMPLE-
 MENTING  SUCH LAW, AS DETERMINED BY A COURT OF COMPETENT JURISDICTION OR
 ADMINISTRATIVE TRIBUNAL, PROVIDED THAT SUCH COURT OR TRIBUNAL  CONCLUDES
 THAT  THE  VIOLATION WOULD CAUSE MATERIAL HARM TO THE ECONOMY OR QUALITY
 OF LIFE OF THE COMMUNITY; OR (B) ALL OR PART OF THE  PROJECT'S  BUSINESS
 ACTIVITY  OR  WORKFORCE  IS  MOVED  TO  A LOCATION OUTSIDE THE COMMUNITY
 SERVED BY THE AUTHORITY AND BY DOING SO VIOLATES THE  TERMS  AND  CONDI-
 TIONS OF ITS FINANCIAL ASSISTANCE AGREEMENT.
   2.  AN  AUTHORITY  WHICH ELECTS TO INITIATE THE RECAPTURE OF FINANCIAL
 ASSISTANCE PURSUANT TO SUBDIVISION ONE OF SECTION EIGHT  HUNDRED  FIFTY-
 NINE-E  OF  THE  GENERAL MUNICIPAL LAW MUST NOTIFY THE RECIPIENT OF SUCH
 FINANCIAL ASSISTANCE IN WRITING THAT IT IS IN DEFAULT OF  ITS  FINANCIAL
 ASSISTANCE  AGREEMENT  AND MAY DIRECT THE RECIPIENT OF FINANCIAL ASSIST-
 ANCE TO REPAY UP  TO  THE  FULL  AMOUNT  OF  SUCH  FINANCIAL  ASSISTANCE
 RECEIVED  AS OF THE DATE OF THE WRITTEN NOTICE PLUS INTEREST AT THE RATE
 SET FORTH IN SECTION FIVE THOUSAND FOUR OF THE CIVIL  PRACTICE  LAW  AND
 RULES.
   3.  FINANCIAL  ASSISTANCE  RECAPTURED PURSUANT TO THIS SECTION AND ANY
 INTEREST PAID SHALL BE REDISTRIBUTED TO AFFECTED  TAX  JURISDICTIONS  IN
 PROPORTION  TO  THE  AMOUNT  OF  REAL PROPERTY TAX AND OTHER TAXES WHICH

 S. 8961                            21
 
 WOULD HAVE BEEN RECEIVED BY  EACH  AFFECTED  TAX  JURISDICTION  HAD  THE
 PROJECT NOT BEEN TAX EXEMPT. UNLESS OTHERWISE AGREED TO IN WRITING BY AN
 AFFECTED TAX JURISDICTION, THE AUTHORITY SHALL NOT RETAIN ANY PORTION OF
 SUCH FUNDS AS AN ADMINISTRATIVE OR PROJECT FEE.
   §  2307-D.  WAGES  AND  STANDARDS.  WHENEVER  A RECIPIENT OF FINANCIAL
 ASSISTANCE FROM THE AUTHORITY ENTERS INTO A CONTRACT, SUBCONTRACT, LEASE
 OR OTHER AGREEMENT FOR OR IN CONNECTION WITH THE  CONSTRUCTION,  DEMOLI-
 TION,  RECONSTRUCTION,  REHABILITATION,  REPAIR,  OR  RENOVATION  OF  AN
 ASSISTED PROJECT, THE RECIPIENT OF FINANCIAL ASSISTANCE SHALL PAY  WORK-
 ERS  ENGAGED  IN  SUCH WORK NO LESS THAN THE PREVAILING RATE OF WAGE AND
 SUPPLEMENTS UNDER ARTICLE EIGHT OF THE LABOR LAW.
   § 17. Section 2315 of the public authorities law, as amended by  chap-
 ter  357 of the laws of 1993, subdivision 1 as amended by chapter 386 of
 the laws of 2019, is amended to read as follows:
   § 2315. Uniform [tax exemption] FINANCIAL ASSISTANCE  policy.  1.  The
 authority  shall  [establish]  ADOPT a uniform [tax exemption] FINANCIAL
 ASSISTANCE policy, [with input from] SUBJECT TO THE APPROVAL OF affected
 local taxing jurisdictions, which shall be applicable to  provisions  of
 financial  assistance  pursuant to section twenty-three hundred seven of
 this title and shall provide guidelines for the claiming of real proper-
 ty, mortgage recording, and sales tax exemptions. Such guidelines  shall
 include, but not be limited to: period of exemption; PAYMENTS IN LIEU OF
 TAXES  AS A percentage of [exemption]  TAXES THAT WOULD HAVE BEEN LEVIED
 BY OR ON BEHALF OF AFFECTED TAX JURISDICTIONS IF  THE  PROJECT  WAS  NOT
 EXEMPT  BY  REASON OF AUTHORITY INVOLVEMENT; types of projects for which
 exemptions may be claimed; procedures for payments in lieu of taxes  and
 instances  in  which  real  property appraisals are to be performed as a
 part of an application for tax exemption; in addition, the authority  in
 adopting  such policy shall consider such issues as: the extent to which
 a project will create or retain  permanent,  private  sector  jobs;  the
 estimated  value  of  any tax exemption to be provided; whether affected
 tax jurisdictions should be reimbursed by  the  project  occupant  if  a
 project  does  not  fulfill  the  purposes  for  which  an exemption was
 provided; the impact of a proposed  project  on  existing  and  proposed
 businesses and economic development projects in the vicinity; the amount
 of  private sector investment generated or likely to be generated by the
 proposed project; the  demonstrated  public  support  for  the  proposed
 project; the likelihood of accomplishing the proposed project in a time-
 ly fashion; the effect of the proposed project upon the environment; the
 extent  to which the project will utilize, to the fullest extent practi-
 cable and economically feasible, resource conservation, energy efficien-
 cy, green technologies, and alternative and renewable  energy  measures;
 the  extent  to which the proposed project will require the provision of
 additional services, including, but not  limited  to  additional  educa-
 tional,  transportation, police, emergency medical or fire services; and
 the extent to which the proposed project will provide additional sources
 of revenue for municipalities and school districts.  THE ADOPTED UNIFORM
 FINANCIAL ASSISTANCE POLICY SHALL BE PROVIDED  TO  THE  CHIEF  EXECUTIVE
 OFFICER AND MEMBERS OF THE GOVERNING BODY OF EACH AFFECTED TAX JURISDIC-
 TION  AND  SHALL BE MADE AVAILABLE FOR PUBLIC INSPECTION AT THE AUTHORI-
 TY'S OFFICE AND ON THE AUTHORITY'S WEBSITE UPON ITS ADOPTION.
   2. The authority shall [establish  a  procedure]  ADOPT  CRITERIA  for
 deviation  from  the uniform [tax exemption] FINANCIAL ASSISTANCE policy
 required pursuant to this section WHICH SHALL BE SUBJECT TO THE APPROVAL
 OF AFFECTED LOCAL TAX JURISDICTIONS.  The authority shall set  forth  in
 writing  the  reasons  for deviation from such policy, and shall further

 S. 8961                            22
 
 notify the affected local taxing jurisdictions of the proposed deviation
 from such policy and the reasons  therefor  NOT  LESS  THAN  SIXTY  DAYS
 BEFORE  SUCH  DEVIATION FROM THE UNIFORM TAX EXEMPTION POLICY SHALL TAKE
 EFFECT.
   §  18. Subdivision 1 of section 2976 of the public authorities law, as
 amended by section 1 of part C of chapter 19 of the  laws  of  2010,  is
 amended to read as follows:
   1.  Notwithstanding  any  other  law  to  the contrary, public benefit
 corporations (which for purposes of this section  shall  include  indus-
 trial  development  agencies  created  pursuant  to title one of article
 eighteen-A of the general municipal law or any other  provision  of  law
 and  the  New York city housing development corporation created pursuant
 to article twelve of the private housing finance law) which issue bonds,
 notes or other obligations AND NOT-FOR-PROFIT  CORPORATIONS  THAT  ISSUE
 BONDS  ON  BEHALF  OF THE STATE OR A POLITICAL SUBDIVISION THEREOF shall
 pay to the state a bond issuance charge upon the issuance of such  bonds
 in  an  amount  determined  pursuant to subdivision two of this section.
 Such charge shall be paid  to  the  state  department  of  taxation  and
 finance, upon forms prescribed therefor, no later than fifteen days from
 the end of the month within which such bonds are issued.
   §  19.  The  not-for-profit corporation law is amended by adding a new
 section 206 to read as follows:
 § 206. FINANCIAL ASSISTANCE AGREEMENT.
   1. A CORPORATION, INCLUDING A LOCAL  DEVELOPMENT  CORPORATION,  DETER-
 MINED TO BE A LOCAL AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION TWO
 AND  PARAGRAPH  (J)  OF  SUBDIVISION  ONE  OF  SECTION SIX OF THE PUBLIC
 AUTHORITIES LAW THAT PROVIDES FINANCIAL ASSISTANCE TO A PROJECT  IN  THE
 FORM  OF A GRANT, LOAN, EXEMPTION FROM TAXATION, OR CONTRIBUTION FOR THE
 PUBLIC PURPOSE OF RELIEVING  OR  REDUCING  UNEMPLOYMENT,  PROMOTING  AND
 MARKETING  JOB  OPPORTUNITIES,  OR SUPPORTING THE FORMATION, RELOCATION,
 EXPANSION, OR RETENTION OF BUSINESS SHALL ENTER INTO A WRITTEN AGREEMENT
 WITH THE PROJECT APPLICANT PRIOR TO PROVIDING FINANCIAL ASSISTANCE.
   2. THE AGREEMENT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A) A DESCRIPTION OF THE AMOUNT AND TYPE OF FINANCIAL ASSISTANCE TO BE
 PROVIDED BY THE CORPORATION, INCLUDING A DESCRIPTION AND  THE  VALUE  OF
 PROPERTY CONVEYED AT LESS THAN FAIR MARKET VALUE;
   (B)  A  DESCRIPTION  OF  THE AMOUNT OF FINANCING TO BE PROVIDED BY THE
 PROJECT APPLICANT, INCLUDING THE AMOUNT AND TYPE OF  CAPITAL  INVESTMENT
 TO BE PROVIDED;
   (C) THE PURPOSE OF THE PROJECT;
   (D)  THE AMOUNT, TYPES, SOURCES AND COMMITMENTS OF ANY PRIVATE FINANC-
 ING;
   (E) THE PROJECTED NUMBER OF  NEW  FULL-TIME  AND  PART-TIME  POSITIONS
 EXPECTED  TO  BE CREATED OVER THE PERIOD OF FINANCIAL ASSISTANCE, AND AN
 ESTIMATED SCHEDULE BY YEAR OF WHEN THOSE POSITIONS WILL BE CREATED;
   (F) THE NUMBER AND  TYPES  OF  FULL-TIME  AND  PART-TIME  JOBS  TO  BE
 RETAINED,  AND  THE  NUMBER OF FILLED POSITIONS AT THE PROJECT AS OF THE
 DATE THE AGREEMENT IS EXECUTED;
   (G) THE TYPES  AND  VALUE  OF  OTHER  FORMS  OF  FINANCIAL  ASSISTANCE
 PROVIDED TO THE PROJECT OR REQUESTED BY THE PROJECT APPLICANT FROM OTHER
 STATE OR LOCAL GOVERNMENT AGENCIES OR AUTHORITIES; AND
   (H)  THE PENALTIES TO BE IMPOSED ON THE PROJECT APPLICANT IF THE TERMS
 OF THE AGREEMENT ARE NOT MET.
   3. THE LENGTH OF A FINANCIAL ASSISTANCE AGREEMENT SHALL BE LIMITED  TO
 NO  MORE  THAN  FIVE  YEARS;  PROVIDED HOWEVER THAT THE AGREEMENT MAY BE
 RENEWED FOR UP TO FIVE ADDITIONAL YEARS IF  THE  CORPORATION  DETERMINES

 S. 8961                            23
 
 THAT THE PROJECT APPLICANT HAS ACTED IN GOOD FAITH TO MEET THE TERMS AND
 CONDITIONS OF THE AGREEMENT. IN NO EVENT MAY FINANCIAL ASSISTANCE IN THE
 FORM  OF  A LOAN OR EXEMPTION FROM TAXATION BE PROVIDED TO A PROJECT FOR
 MORE THAN TEN YEARS.
   4.  THE  FINANCIAL ASSISTANCE AGREEMENT SHALL BE MADE AVAILABLE TO THE
 PUBLIC ON THE WEBSITE OF THE CORPORATION.
   5. THE CORPORATION SHALL ADOPT A METHODOLOGY TO EVALUATE THE  CONFORM-
 ANCE  OF EACH ASSISTED PROJECT TO THE TERMS AND CONDITIONS OF THE FINAN-
 CIAL ASSISTANCE AGREEMENT. THIS METHODOLOGY SHALL BE MADE  AVAILABLE  TO
 THE PUBLIC ON THE CORPORATION'S WEBSITE.
   6.  (A)  THE  CORPORATION, PURSUANT TO THE TERMS AND CONDITIONS OF ITS
 FINANCIAL ASSISTANCE AGREEMENT, MAY RECAPTURE FINANCIAL ASSISTANCE TO  A
 PROJECT  FROM  GRANTS,  LOANS,  REAL  PROPERTY  TAX EXEMPTIONS, MORTGAGE
 RECORDING TAX  EXEMPTIONS,  OR  LOCAL  SALES  OR  COMPENSATING  USE  TAX
 EXEMPTIONS  IF  (I) THE PROJECT VIOLATES STATE OR FEDERAL TAX LAW, LABOR
 LAW, ENVIRONMENTAL PROTECTION LAW, OR CONTRACT  LAW,  OR  ANY  STATE  OR
 FEDERAL  RULE  OR  REGULATION  IMPLEMENTING SUCH LAW, AS DETERMINED BY A
 COURT OF COMPETENT JURISDICTION  OR  ADMINISTRATIVE  TRIBUNAL,  PROVIDED
 THAT  SUCH  COURT  OR  TRIBUNAL CONCLUDES THAT THE VIOLATION WOULD CAUSE
 MATERIAL HARM TO THE ECONOMY OR QUALITY OF LIFE  OF  THE  COMMUNITY;  OR
 (II)  ALL  OR  PART  OF  THE PROJECT'S BUSINESS ACTIVITY OR WORKFORCE IS
 MOVED TO A LOCATION OUTSIDE THE COMMUNITY SERVED BY THE CORPORATION  AND
 BY  DOING  SO VIOLATES THE TERMS AND CONDITIONS OF ITS FINANCIAL ASSIST-
 ANCE AGREEMENT.
   (B) A CORPORATION WHICH ELECTS TO INITIATE THE RECAPTURE OF  FINANCIAL
 ASSISTANCE  PURSUANT  TO SUBDIVISION ONE OF THIS SECTION MUST NOTIFY THE
 RECIPIENT OF SUCH FINANCIAL ASSISTANCE IN WRITING THAT IT IS IN  DEFAULT
 OF  ITS  FINANCIAL  ASSISTANCE AGREEMENT AND MAY DIRECT THE RECIPIENT OF
 FINANCIAL ASSISTANCE TO REPAY UP TO THE FULL AMOUNT  OF  SUCH  FINANCIAL
 ASSISTANCE  RECEIVED  AS OF THE DATE OF THE WRITTEN NOTICE PLUS INTEREST
 AT THE RATE SET FORTH IN SECTION FIVE THOUSAND FOUR OF THE  CIVIL  PRAC-
 TICE LAW AND RULES.
   (C)  FINANCIAL  ASSISTANCE RECAPTURED PURSUANT TO THIS SECTION AND ANY
 INTEREST PAID SHALL BE REDISTRIBUTED TO AFFECTED  TAX  JURISDICTIONS  IN
 PROPORTION  TO  THE  AMOUNT  OF  REAL PROPERTY TAX AND OTHER TAXES WHICH
 WOULD HAVE BEEN RECEIVED BY  EACH  AFFECTED  TAX  JURISDICTION  HAD  THE
 PROJECT NOT BEEN TAX EXEMPT. UNLESS OTHERWISE AGREED TO IN WRITING BY AN
 AFFECTED  TAX JURISDICTION, THE CORPORATION SHALL NOT RETAIN ANY PORTION
 OF SUCH FUNDS AS AN ADMINISTRATIVE OR PROJECT FEE.
   7. WAGES AND STANDARDS. WHENEVER A RECIPIENT OF  FINANCIAL  ASSISTANCE
 FROM THE CORPORATION ENTERS INTO A CONTRACT, SUBCONTRACT, LEASE OR OTHER
 AGREEMENT FOR OR IN CONNECTION WITH THE CONSTRUCTION, DEMOLITION, RECON-
 STRUCTION, REHABILITATION, REPAIR, OR RENOVATION OF AN ASSISTED PROJECT,
 THE  RECIPIENT OF FINANCIAL ASSISTANCE SHALL PAY WORKERS ENGAGED IN SUCH
 WORK NO LESS THAN THE PREVAILING RATE  OF  WAGE  AND  SUPPLEMENTS  UNDER
 ARTICLE EIGHT OF THE LABOR LAW.
   8.  FOR  THE  PURPOSES OF THIS SECTION, "PROJECT" SHALL MEAN ANY LAND,
 ANY BUILDING OR OTHER IMPROVEMENT, AND ALL REAL AND PERSONAL  PROPERTIES
 LOCATED  WITHIN THE STATE OF NEW YORK AND WITHIN OR OUTSIDE OR PARTIALLY
 WITHIN AND PARTIALLY OUTSIDE THE  MUNICIPALITY  FOR  WHOSE  BENEFIT  THE
 AGENCY  WAS CREATED, INCLUDING, BUT NOT LIMITED TO, MACHINERY, EQUIPMENT
 AND OTHER FACILITIES DEEMED NECESSARY OR DESIRABLE IN CONNECTION  THERE-
 WITH,  OR  INCIDENTAL  THERETO, WHETHER OR NOT NOW IN EXISTENCE OR UNDER
 CONSTRUCTION, WHICH SHALL BE SUITABLE   FOR MANUFACTURING,  WAREHOUSING,
 RESEARCH,  COMMERCIAL OR INDUSTRIAL PURPOSES OR OTHER ECONOMICALLY SOUND
 PURPOSES IDENTIFIED AND CALLED FOR TO IMPLEMENT A STATE DESIGNATED URBAN

 S. 8961                            24
 
 CULTURAL PARK MANAGEMENT PLAN AS PROVIDED  IN  TITLE  G  OF  THE  PARKS,
 RECREATION  AND  HISTORIC PRESERVATION LAW AND WHICH MAY INCLUDE OR MEAN
 AN INDUSTRIAL POLLUTION CONTROL FACILITY, A RECREATION FACILITY,  EDUCA-
 TIONAL OR CULTURAL FACILITY, A HORSE RACING FACILITY, A RAILROAD FACILI-
 TY  OR  AN AUTOMOBILE RACING FACILITY, PROVIDED, HOWEVER, THAT NO AGENCY
 SHALL  USE  ITS FUNDS OR PROVIDE FINANCIAL ASSISTANCE IN RESPECT OF  ANY
 PROJECT  WHOLLY  OR PARTIALLY OUTSIDE THE MUNICIPALITY FOR WHOSE BENEFIT
 THE AGENCY  WAS CREATED WITHOUT THE PRIOR CONSENT THERETO BY THE GOVERN-
 ING BODY OR BODIES OF ALL THE OTHER MUNICIPALITIES IN WHICH  A  PART  OR
 PARTS  OF  THE PROJECT IS, OR IS TO BE, LOCATED, AND SUCH PORTION OF THE
 PROJECT LOCATED OUTSIDE SUCH MUNICIPALITY FOR WHOSE BENEFIT  THE  AGENCY
 WAS  CREATED  SHALL BE CONTIGUOUS WITH THE PORTION OF THE PROJECT INSIDE
 SUCH MUNICIPALITY.
   § 20. Paragraphs (a), (b) and (d) of section 1411 of the  not-for-pro-
 fit corporation law, paragraph (a) as amended by chapter 847 of the laws
 of 1970 and paragraph (b) as amended by chapter 549 of the laws of 2013,
 are amended to read as follows:
   (a) Purposes.
   This  section  shall  provide  an  additional  and alternate method of
 incorporation or reincorporation of not-for-profit corporations for  any
 of  the purposes set forth in this paragraph [and shall not be deemed to
 alter, impair or diminish the purposes, rights, powers or privileges  of
 any  corporation heretofore or hereafter incorporated under this section
 or under the stock or business corporation laws].  Corporations  may  be
 incorporated  or  reincorporated  under  this  section as not-for-profit
 local development corporations operated for the  exclusively  charitable
 or public purposes of relieving and reducing unemployment, promoting and
 providing for additional and maximum employment, bettering and maintain-
 ing job opportunities, instructing or training individuals to improve or
 develop  their  capabilities  for  such  jobs,  carrying  on  scientific
 research for the purpose of aiding a community or geographical  area  by
 attracting  new  industry to the community or area or by encouraging the
 development of, or retention of, an industry in the community or  area[,
 and  lessening the burdens of government and acting in the public inter-
 est, and any]. ANY one or more counties, cities, towns  or  villages  of
 the  state,  or any combination thereof, or the New York job development
 authority in exercising its power under the public  authorities  law  to
 encourage  the organization of local development corporations, may cause
 such corporations to be incorporated by public officers or private indi-
 viduals or reincorporated upon compliance with the requirements of  this
 section,  and it is hereby found, determined and declared that in carry-
 ing out said purposes and in exercising the powers  conferred  by  para-
 graph (b) OF THIS SECTION such corporations will be ACTING IN THE PUBLIC
 INTEREST AND performing an essential governmental function.
   (b) Type of corporation.
   A  local  development corporation [is] INCORPORATED FOR ONE OR MORE OF
 THE PURPOSES DESCRIBED IN PARAGRAPH (A) OF THIS SECTION SHALL BE a char-
 itable corporation under this chapter.
   (d) Purchase or lease of real property owned by a county,  city,  town
 or village.
   (1)  The local legislative body of a county, city, town or village or,
 if there is a board of estimate in a city, then the board  of  estimate,
 may  by  resolution  determine that specifically described real property
 owned by the county, city, town or village is not required  for  use  by
 such  county, city, town or village and authorize the county, city, town
 or village to sell or lease such real property to  a  local  development

 S. 8961                            25
 
 corporation incorporated or reincorporated under this article; provided,
 however, that title to such land be not declared inalienable as a forest
 preserve or a parkland.
   (2)  Notwithstanding  the  provisions of any general, special or local
 law, charter or ordinance to the contrary, NO such sale or lease may  be
 made  without  appraisal, public notice, (except as provided in subpara-
 graph (4)) or public bidding [for such price or  rental  and  upon  such
 terms  as  may  be agreed upon between the county, city, town or village
 and said local development corporation]; provided, however, that in case
 of a lease the term may  not  exceed  ninety-nine  years  and  provided,
 further,  that  in cities having a population of one million or more, no
 such sale or lease shall be made without the approval of a  majority  of
 the  members  of the borough [improvement] board of the borough in which
 such real property is located.
   (3) Before any sale or lease to a local development corporation incor-
 porated or reincorporated under this  article  shall  be  authorized,  a
 public  hearing  shall be held by the local legislative body[, or by the
 board of estimate, as the case may be,] to consider the proposed sale or
 lease.
   (4) Notice of such hearing shall be published at least ten days before
 the date set for the hearing in such publication and in such  manner  as
 may  be designated by the local legislative body[, or the board of esti-
 mate as the case may be]. SUCH NOTICE SHALL INCLUDE A DESCRIPTION OF THE
 REAL PROPERTY PROPOSED TO BE SOLD OR LEASED; A STATEMENT  OF  THE  ESTI-
 MATED  FAIR  MARKET  VALUE  OF  THE REAL PROPERTY PROPOSED TO BE SOLD OR
 LEASED; THE VALUE OF THE FINANCIAL CONSIDERATION TO BE RECEIVED  BY  THE
 COUNTY,  CITY, TOWN OR VILLAGE FROM SUCH SALE OR LEASE OF THE REAL PROP-
 ERTY; AND A STATEMENT OF THE INTENDED USE OR DISPOSITION  OF  SUCH  REAL
 PROPERTY BY THE LOCAL DEVELOPMENT CORPORATION.
   (5)  A  local  development corporation, incorporated or reincorporated
 under this section, which purchases or leases real property from a coun-
 ty, city, town or village, shall not, without the  written  approval  of
 the  county,  city,  town  or  village,  use  such real property for any
 purpose except the purposes set forth in  the  certificate  of  incorpo-
 ration or reincorporation of said local development corporation.  In the
 event  such  real  property  is used in violation of the restrictions of
 this paragraph, the attorney-general may  bring  an  action  or  special
 proceeding to enjoin the unauthorized use.
   §  21.  Paragraphs  (e), (f), (g), (h), and (i) of section 1411 of the
 not-for-profit corporation law are relettered paragraphs (f), (g),  (h),
 (i), and (j) and a new paragraph (e) is added to read as follows:
   (E) CONTRACTS WITH MUNICIPALITIES.
   ANY  CONTRACT  OR  OTHER  AGREEMENT BETWEEN A LOCAL DEVELOPMENT CORPO-
 RATION AND A MUNICIPALITY OR STATE AUTHORITY OR LOCAL AUTHORITY FOR  ONE
 OR  MORE  OF  THE  PURPOSES  DESCRIBED  IN PARAGRAPH (A) OF THIS SECTION
 SHALL: (I) CAUSE THE LOCAL DEVELOPMENT CORPORATION TO BE  DEFINED  AS  A
 LOCAL AUTHORITY PURSUANT TO SUBDIVISION TWO OF SECTION TWO OF THE PUBLIC
 AUTHORITIES LAW; (II) PROVIDE FOR THE MUNICIPALITY OR STATE AUTHORITY OR
 LOCAL  AUTHORITY  TO  RECEIVE  FAIR  AND  ADEQUATE CONSIDERATION FOR THE
 SERVICES PROVIDED BY THE LOCAL DEVELOPMENT CORPORATION; (III) BE SUBJECT
 TO THE REQUIREMENTS OF ARTICLE FIVE-A OF THE GENERAL MUNICIPAL LAW;  AND
 (IV)  HAVE  A  TERM  NOT  TO  EXCEED  TEN  YEARS, SUBJECT TO ONE OR MORE
 RENEWALS FOR A TERM NOT TO EXCEED TEN YEARS UPON THE MUTUAL  CONSENT  OF
 THE  PARTIES; PROVIDED HOWEVER THAT A CONTRACT WITH A MUNICIPALITY SHALL
 NOT BE USED TO FINANCE THE MUNICIPALITY'S OPERATIONS OR  TO  ACQUIRE  OR
 IMPROVE AN ASSET FOR USE OF THE MUNICIPALITY.

 S. 8961                            26
 
   §  22. Paragraph (j) of section 1411 of the not-for-profit corporation
 law, as relettered by section twenty-one of this act, is amended to read
 as follows:
   (j) Effect of section.
   Corporations  incorporated  or reincorporated under this section shall
 be organized and operated exclusively for  the  purposes  set  forth  in
 paragraph (a), shall have, in addition to the powers otherwise conferred
 by  law, the powers conferred by paragraph (c) OF THIS SECTION and shall
 be subject to all the restrictions and limitations imposed by [paragraph
 (e) and paragraph (g)] PARAGRAPHS (C), (D), (E), (H)  AND  (I)  OF  THIS
 SECTION.    In so far as the provisions of this section are inconsistent
 with the provisions of any other law, general or special, the provisions
 of this section shall be controlling as to corporations incorporated  or
 reincorporated hereunder.
   §  23.  Federal  preemption  and  severability. The provisions of each
 section of this act shall be deemed severable, and the declaration by  a
 court  of  competent  jurisdiction that any part thereof is preempted or
 otherwise invalid shall not affect the remaining parts thereof.
   § 24. This act shall take effect on the thirtieth day after  it  shall
 have  become  a  law,  or  January  1, 2021, whichever shall come first;
 provided, however, that section fifteen of this act shall apply to bonds
 issued or re-issued  on  or  after  the  effective  date  of  this  act;
 provided,  however, that the amendments to subdivisions 19, 20 and 22 of
 section 858 of the general municipal law made by section three  of  this
 act  shall  not  affect the expiration of such subdivisions and shall be
 deemed to expire therewith; and  provided  further,  however,  that  the
 amendments to subdivision 21 of section 858 of the general municipal law
 made  by  section  three of this act shall not affect the repeal of such
 subdivision and shall be deemed repealed therewith.