Assembly Bill A9092

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9092
 
                           I N  A S S E M B L Y
 
                             January 31, 2022
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the urban development corporation act, the state finance
   law, the general municipal law and the economic  development  law,  in
   relation  to prohibiting confidentiality and non-disclosure provisions
   from inclusion in certain contracts entered into by  the  state  or  a
   municipality
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 1 of chapter 174 of the laws of 1968,  constituting
 the  urban  development  corporation  act,  is  amended  by adding a new
 section 11-a to read as follows:
   § 11-A. NON-DISCLOSURE AGREEMENTS; PROHIBITIONS.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO  BY  THE  STATE OR ANY INSTRUMENTALITY THEREOF, ANY MUNICIPALITY OR
 PUBLIC CORPORATION FOR PROJECTS, INCLUDING BUT NOT LIMITED TO TAX INCEN-
 TIVES, PAYMENTS IN LIEU OF TAXES, TAX ABATEMENTS, BONDS,  NOTES,  LOANS,
 GRANTS  OR REBATES, SHALL CONTAIN ANY PROVISION, CLAUSE OR LANGUAGE THAT
 PROVIDES THAT THE CONTRACT OR AGREEMENT OR ANY OF ITS TERMS  ARE  CONFI-
 DENTIAL  OR THAT THE PARTIES TO THE AGREEMENT OR CONTRACT ARE PROHIBITED
 FROM DISCLOSING, DISCUSSING, DESCRIBING OR COMMENTING UPON THE TERMS  OF
 THE AGREEMENT OR CONTRACT.
   §  2.  The state finance law is amended by adding a new section 148 to
 read as follows:
   § 148. NON-DISCLOSURE AGREEMENTS;  PROHIBITIONS.  NOTWITHSTANDING  ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO  BY  THE STATE OR ANY STATE AGENCY OR PUBLIC AUTHORITY FOR ECONOMIC
 DEVELOPMENT, INCLUDING BUT NOT LIMITED TO TAX  INCENTIVES,  PAYMENTS  IN
 LIEU  OF  TAXES, TAX ABATEMENTS, BONDS, NOTES, LOANS, GRANTS OR REBATES,
 SHALL CONTAIN ANY PROVISION, CLAUSE OR LANGUAGE THAT PROVIDES  THAT  THE
 CONTRACT  OR  AGREEMENT OR ANY OF ITS TERMS ARE CONFIDENTIAL OR THAT THE
 PARTIES TO THE AGREEMENT OR CONTRACT  ARE  PROHIBITED  FROM  DISCLOSING,
 DISCUSSING,  DESCRIBING OR COMMENTING UPON THE TERMS OF THE AGREEMENT OR
 CONTRACT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03168-01-1
 A. 9092                             2
 
   § 3. The general municipal law is amended by adding a new section 99-x
 to read as follows:
   §  99-X.  NON-DISCLOSURE AGREEMENTS; PROHIBITIONS. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO BY A MUNICIPAL CORPORATION, POLITICAL SUBDIVISION, PUBLIC AUTHORITY
 OR LOCAL AUTHORITY FOR ECONOMIC DEVELOPMENT, INCLUDING BUT  NOT  LIMITED
 TO  TAX  INCENTIVES,  PAYMENTS  IN LIEU OF TAXES, TAX ABATEMENTS, BONDS,
 NOTES, LOANS, GRANTS OR REBATES, SHALL CONTAIN ANY PROVISION, CLAUSE  OR
 LANGUAGE  THAT  PROVIDES  THAT  THE  CONTRACT OR AGREEMENT OR ANY OF ITS
 TERMS ARE CONFIDENTIAL OR THAT THE PARTIES TO THE AGREEMENT OR  CONTRACT
 ARE  PROHIBITED  FROM  DISCLOSING,  DISCUSSING, DESCRIBING OR COMMENTING
 UPON THE TERMS OF THE AGREEMENT OR CONTRACT.
   § 4. The economic development law is amended by adding a  new  section
 107 to read as follows:
   §  107.  NON-DISCLOSURE  AGREEMENTS; PROHIBITIONS. NOTWITHSTANDING ANY
 OTHER PROVISION OF LAW TO THE CONTRARY, NO AGREEMENT OR CONTRACT ENTERED
 INTO BY THE STATE OR ANY INSTRUMENTALITY THEREOF,  ANY  MUNICIPALITY  OR
 PUBLIC  CORPORATION  FOR ECONOMIC DEVELOPMENT, INCLUDING BUT NOT LIMITED
 TO TAX INCENTIVES, PAYMENTS IN LIEU OF  TAXES,  TAX  ABATEMENTS,  BONDS,
 NOTES,  LOANS, GRANTS OR REBATES, SHALL CONTAIN ANY PROVISION, CLAUSE OR
 LANGUAGE THAT PROVIDES THAT THE CONTRACT OR  AGREEMENT  OR  ANY  OF  ITS
 TERMS  ARE CONFIDENTIAL OR THAT THE PARTIES TO THE AGREEMENT OR CONTRACT
 ARE PROHIBITED FROM DISCLOSING,  DISCUSSING,  DESCRIBING  OR  COMMENTING
 UPON THE TERMS OF THE AGREEMENT OR CONTRACT.
   § 5. This act shall take effect immediately.