S T A T E O F N E W Y O R K
________________________________________________________________________
1243
2021-2022 Regular Sessions
I N A S S E M B L Y
January 7, 2021
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Economic Development
AN ACT to amend the economic development law and the state finance law,
in relation to certain requirements for and restrictions on economic
development grant recipients
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "jobs
protection act".
§ 2. Subdivision 19 of section 100 of the economic development law is
amended by adding a new paragraph (c) to read as follows:
(C) TO ADOPT REGULATIONS IN ACCORDANCE WITH SECTION ELEVEN-A OF THE
STATE FINANCE LAW, TO ESTABLISH THE TERMS AND CONDITIONS OF REPAYMENT,
INCLUDING SPECIFYING THE CONDITIONS UNDER WHICH REPAYMENT MAY BE
DEFERRED, FOLLOWING A DETERMINATION BY THE COMMISSION OF A LEGITIMATE
HARDSHIP.
§ 3. The state finance law is amended by adding a new section 11-a to
read as follows:
§ 11-A. REQUIREMENTS FOR ECONOMIC DEVELOPMENT GRANT RECIPIENTS. 1.
ANY PERSON OR BUSINESS ORGANIZATION THAT RECEIVES AN AWARD OR GRANT
THROUGH ANY ECONOMIC DEVELOPMENT PROGRAM, WHERE SUCH AWARD OR GRANT ALSO
REQUIRES THE CREATION OF JOBS, SHALL NOT REDUCE THE NUMBER OF EMPLOYEES
WHO WERE EMPLOYED WITHIN THE STATE AT THE TIME SUCH PERSON OR BUSINESS
ORGANIZATION ACCEPTED THE FINANCIAL ASSISTANCE FOR FIVE YEARS AFTER
RECEIVING SUCH ASSISTANCE OR DURING THE TERM OF THE AWARD OR GRANT,
WHICHEVER IS LONGER, UNLESS THE FULL AMOUNT OF ASSISTANCE IS REPAID TO
THE STATE AND A PENALTY EQUAL TO FIVE PERCENT OF THE TOTAL ASSISTANCE
RECEIVED IS PAID TO THE STATE. AS USED IN THIS SECTION, THE TERM "BUSI-
NESS" SHALL INCLUDE ANY DIVISION OF A BUSINESS OR SUBSIDIARY INSTITUTION
CONTROLLED, DIRECTLY OR INDIRECTLY, BY ANOTHER INSTITUTION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05165-01-1
A. 1243 2
2. THE COMMISSIONER OF ECONOMIC DEVELOPMENT SHALL CONSULT WITH THE
COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO DETER-
MINE WHETHER AN APPLICANT FOR AN ECONOMIC DEVELOPMENT GRANT HAS BEEN
FOUND TO BE IN VIOLATION OF ANY LAWS, RULES OR REGULATIONS OF THE
DEPARTMENT.
3. NO APPLICANT SHALL BE AWARDED AN ECONOMIC DEVELOPMENT GRANT IF SUCH
APPLICANT HAS BEEN FINED MORE THAN TEN THOUSAND DOLLARS, IN THE AGGRE-
GATE, FOR VIOLATIONS BY THE OCCUPATIONAL SAFETY AND HEALTH ADMINIS-
TRATION WITHIN THE TEN YEARS PRECEDING THE TIME OF APPLICATION.
4. APPLICANTS FOR ECONOMIC DEVELOPMENT GRANTS SHALL PROVIDE THE
FOLLOWING INFORMATION IN CONNECTION WITH ANY APPLICATION: (A) NUMBER AND
TYPES OF FULL-TIME AND PART-TIME EMPLOYEES OF THE APPLICANT AND MEDIAN
ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION; (B) IF APPLICABLE,
THE NUMBER AND TYPES OF FULL-TIME AND PART-TIME JOBS ORIGINALLY COMMIT-
TED, AS PER AGREEMENT WITH AWARD REQUIREMENTS, AND MEDIAN ANNUAL WAGE
AND BENEFIT LEVELS BY JOB CLASSIFICATION; (C) NUMBER OF FULL-TIME AND
PART-TIME JOBS RETAINED TO DATE; (D) NUMBER OF FULL-TIME AND PART-TIME
TEMPORARY CONSTRUCTION JOBS CREATED BY APPLICANT TO DATE; (E) NUMBER OF
FULL-TIME AND PART-TIME NON-CONSTRUCTION JOBS CREATED BY APPLICANT TO
DATE; (F) MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF
FULL-TIME AND PART-TIME, CONSTRUCTION AND NON-CONSTRUCTION JOBS CREATED
AND RETAINED TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND NON-
CONSTRUCTION JOBS; (H)(1) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO
DATE OF NEW YORK RESIDENTS, SEPARATED BY CONSTRUCTION AND NON-CONSTRUC-
TION EMPLOYEES; (2) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF
LOCAL RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN
STATISTICAL AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY
NOT WITHIN AN MSA OR MISA, IN WHICH A PROJECT OCCURS, SEPARATED BY
CONSTRUCTION AND NON-CONSTRUCTION EMPLOYEES; (I) RECIPIENT USE OF UNION
CONSTRUCTION APPRENTICESHIP PROGRAMS OR ANY OTHER LOCAL WORKFORCE DEVEL-
OPMENT PROGRAM, ORIGINAL AND TO DATE; (J) WHETHER OR NOT THE APPLICANT
COMPLIED WITH EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUC-
TURE POLICY ACT; (K) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (L)
WHETHER OR NOT THE APPLICANT HAS MET EACH BENCHMARK AND IF NOT, THE
FINANCIAL ASSISTANCE AMOUNT THE STATE HAS RECAPTURED DURING THE CURRENT
YEAR AND TO DATE; AND (M) WHETHER THE APPLICATION HAS A SUBSIDY RECAP-
TURE PROVISION.
§ 4. This act shall take effect immediately.