NY State Senate Bill S1275A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
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Actions

view actions (16)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 24, 2022	referred to economic development delivered to assembly passed senate ordered to third reading cal.1493 committee discharged and committed to rules
May 09, 2022	print number 1275a
May 09, 2022	amend (t) and recommit to corporations, authorities and commissions
Jan 05, 2022	referred to corporations, authorities and commissions returned to senate died in assembly
Jun 02, 2021	referred to economic development delivered to assembly passed senate
May 24, 2021	ordered to third reading cal.1266 committee discharged and committed to rules
Jan 08, 2021	referred to corporations, authorities and commissions

Votes

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S1275 - Details

Law Section:: Public Authorities Law
Laws Affected:: Add §8, amd §2807, Pub Auth L; add §859-d, Gen Muni L; amd §1411, N-PC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2854
2013-2014: S3446
2015-2016: S2669
2017-2018: S3354
2019-2020: S3364
2023-2024: S1737

S1275 - Summary

Establishes a local authorities searchable subsidy and economic development benefits database; relates to the obligations of certain industrial development agencies and local development corporations.

S1275 - Sponsor Memo

 
BILL NUMBER: S1275

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the business corporation law, in relation to enacting
the unified economic development budget act

 
PURPOSE:

Directs the Division of the Budget to prepare an annual Unified Economic
Development Budget that outlines the aggregate amounts of State invest-
ments in economic development projects statewide, the benefactors of
these investments and the number of jobs businesses created or retained
as a result of this development assistance.

 
SUMMARY OF PROVISIONS:

  Section 1. Short title.

  §  2.  The Business Corporation Law is amended by adding a new article

14.

  § 1401. Definitions.

  § 1402. Unified Economic Development Budget. (a) The Division  of  the
Budget, in collaboration with the Department of Taxation and Finance, is
directed to prepare each fiscal year, ending on or after June 30, 2024,a
Unified  Economic Development Budget. (b) Specifies that all data in the
Unified Economic Development, Budget is subject to the Freedom of infor-
mation Act, excluding  certain  tax  information.  (c)  Tax  expenditure
appendix.

§  1403.  Standardized  applications  for  State development assistance.
(a)Standardizes criteria for applications to the Division of the Budget,
industrial development agencies and other state granting body. (b) Mini-
mum requirements for application form  completion.  (c)  Authorizes  the
Division of the Budget to modify the standardized application.

  §  1404.  State  Development  Assistance  Disclosure. (a) Requires all
state granting bodies and industrial development  agencies  to  annually
submit  to  the Division of the Budget copies of all development assist-
ance agreements approved in the prior calendar year. (b) Requires recip-
ients of development assistance to submit to the Division of the  Budget
annual  progress  reports.  (c)  Authorizes  any state granting body and
industrial development agency to verify  information  in  a  development
assistance recipient's progress reports.

  (d)  Requires  the  Division  of the Budget to compile and publish all
data in all progress reports, beginning June 1, 2025.

 
EXISTING LAW:

None.

 
JUSTIFICATION:

New York State annually invests billions of dollars in economic  develop
projects  each  year,  regularly  in  the  form  of grants, loans or tax
expenditures. However, it is  difficult  to  ascertain  the  extent  end
effectiveness  of  this  spending because the responsibility of granting
this development assistance is spread  across  several  State  entities.
There  is  also  no single source of reference outlining these entities'
economic development initiatives. For the same reasons, it is  difficult
to  ascertain who are the benefactors of this development assistance and
whether they are providing the State with an adequate return on  invest-
ment, usually in the form of new or retained jobs.

This  legislation  directs  and authorizes the Division of the Budget to
prepare annually a Unified Economic Development Budget that outlines the
aggregate amounts of State investments in economic development  projects
statewide,  the  benefactors of these investments and the number of jobs
they created or retained as a result of this development assistance. The
legislation also standardizes the types of information that State  enti-
ties  and  recipients of development assistance must report to the Divi-
sion of the Budget.

 
LEGISLATIVE HISTORY:

2019-20 S.3364/A.8444 - died Corps, Authorities and Commissions
2017-18 S.3354 No Same As - passed Senate, died in Ways and Means
2015-16 S.2669-A/A.5688-A Kavanagh - died Corps, Authorities and Commis-
sions
2013-14 S.3446-A/A.6542-A Kavanagh - died Corps, Authorities and Commis-
sions
2011-12 S.2854-A No Same As - notice of consideration  -  discharged  to
Rules

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
This  act  shall  take effect on the ninetieth day after it shall become
law

S1275 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1275
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced by Sens. KRUEGER, BIAGGI, GOUNARDES, LIU, SERRANO, SKOUFIS --
   read  twice  and  ordered printed, and when printed to be committed to
   the Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the business corporation law, in  relation  to  enacting
   the unified economic development budget act

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "unified economic development budget act".
   §  2.  The business corporation law is amended by adding a new article
 14 to read as follows:
                                ARTICLE 14
                    UNIFIED ECONOMIC DEVELOPMENT BUDGET
 SECTION 1401. DEFINITIONS.
         1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
         1403. STANDARDIZED APPLICATIONS FOR  STATE  DEVELOPMENT  ASSIST-
                 ANCE.
         1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
 § 1401. DEFINITIONS.
   AS USED IN THIS ARTICLE:
   (A)  "ANNUAL  TAX  EXPENDITURE  REPORT"  IS  AS DEFINED BY SECTION ONE
 HUNDRED EIGHTY-ONE OF THE EXECUTIVE LAW.
   (B) "BASE YEARS" MEANS THE FIRST TWO COMPLETE CALENDAR YEARS FOLLOWING
 THE EFFECTIVE DATE OF A RECIPIENT RECEIVING DEVELOPMENT ASSISTANCE.
   (C) "DATE OF ASSISTANCE" MEANS THE COMMENCEMENT DATE OF THE ASSISTANCE
 AGREEMENT, WHICH DATE TRIGGERS THE PERIOD DURING WHICH THE RECIPIENT  IS
 OBLIGATED  TO  CREATE  OR  RETAIN  JOBS  AND  CONTINUE OPERATIONS AT THE
 SPECIFIC PROJECT SITE.
   (D) "DEVELOPMENT ASSISTANCE" MEANS: (1) TAX EXPENDITURES GIVEN  AS  AN
 INCENTIVE  TO  RECIPIENT  BUSINESSES,  NOT-FOR-PROFIT  ORGANIZATIONS AND
 GOVERNMENT ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES;

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

                                                            LBD05752-01-1

 S. 1275                             2
 
   (2) GRANTS OR LOANS AWARDED BY ALL STATE GRANTING  BODIES  AND  INDUS-
 TRIAL  DEVELOPMENT  AGENCIES TO BUSINESSES, NOT-FOR-PROFIT ORGANIZATIONS
 AND GOVERNMENT ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES; AND
   (3)  ALL  SUCCESSOR AND SUBSEQUENT DEVELOPMENT ASSISTANCE PROGRAMS AND
 TAX EXPENDITURES DESIGNED TO  PROMOTE  LARGE  BUSINESS  RELOCATIONS  AND
 EXPANSIONS.
   (E) "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
 THE STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY AND THE RECIPI-
 ENT  SETTING FORTH THE TERMS AND CONDITIONS OF DEVELOPMENT ASSISTANCE TO
 BE PROVIDED TO THE RECIPIENT CONSISTENT WITH THE FINAL  APPLICATION  FOR
 DEVELOPMENT ASSISTANCE, INCLUDING BUT NOT LIMITED TO THE DATE OF ASSIST-
 ANCE, SUBMITTED TO AND APPROVED BY THE STATE GRANTING BODY OR INDUSTRIAL
 DEVELOPMENT AGENCY.
   (F) "DIVISION" MEANS, UNLESS OTHERWISE NOTED, THE NEW YORK STATE DIVI-
 SION OF THE BUDGET OR ANY SUCCESSOR AGENCY.
   (G) "ECONOMIC DEVELOPMENT" MEANS ANY ECONOMIC ACTIVITY TO INCREASE TAX
 REVENUE,  TAX  BASE,  OR  EMPLOYMENT OR IMPROVE GENERAL ECONOMIC HEALTH,
 WHEN THE ACTIVITY INVOLVES:
   (1) THE PLANNING, DESIGN, DEVELOPMENT,  CONSTRUCTION,  REHABILITATION,
 BUSINESS  RELOCATION,  OR  ANY COMBINATION OF THESE, WITHIN A COMMUNITY;
 AND
   (2) THE PROVISION OF OFFICE, INDUSTRIAL,  MANUFACTURING,  WAREHOUSING,
 DISTRIBUTION,  PARKING,  PUBLIC,  OR OTHER FACILITIES, OR OTHER IMPROVE-
 MENTS THAT BENEFIT THE STATE OR A COMMUNITY;
 BUT DOES NOT RESULT IN THE TRANSFER OF LAND TO PUBLIC OWNERSHIP  OR  THE
 TRANSFER  OF  PROPERTY TO A PRIVATE ENTITY THAT IS A PUBLIC UTILITY, THE
 LEASE OF PROPERTY TO PRIVATE ENTITIES THAT  OCCUPY  AN  INCIDENTAL  AREA
 WITHIN A PUBLIC PROJECT OR THE REMEDY OF BLIGHT.
   (H)  "FULL-TIME,  PERMANENT JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE
 WORKS FOR THE RECIPIENT AT A RATE OF  AT  LEAST  THIRTY-FIVE  HOURS  PER
 WEEK.
   (I)  "INDUSTRIAL  DEVELOPMENT  AGENCY"  MEANS  AN AGENCY AS DEFINED BY
 SECTION EIGHT HUNDRED FIFTY-FOUR OF THE GENERAL MUNICIPAL LAW.
   (J) "NEW EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE  WHO  REPRES-
 ENTS  A  NET  INCREASE IN THE NUMBER OF THE RECIPIENT'S EMPLOYEES STATE-
 WIDE. "NEW EMPLOYEE" INCLUDES AN EMPLOYEE WHO PREVIOUSLY  FILLED  A  NEW
 EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
 A  LAYOFF  THAT OCCURS DURING OR FOLLOWING THE BASE YEARS. THE TERM "NEW
 EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
   (1) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
 LY PERFORMED BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB  EXISTED  IN
 THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE; OR
   (2) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
 LEGALLY  SEPARATED  FROM  THE  INDIVIDUAL,  OF  ANY INDIVIDUAL WHO HAS A
 DIRECT OR INDIRECT OWNERSHIP INTEREST OF AT LEAST FIVE  PERCENT  IN  THE
 PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
   (K)  "PART-TIME  JOB"  MEANS A JOB IN WHICH THE NEW EMPLOYEE WORKS FOR
 THE RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
   (L) "RECIPIENT" MEANS ANY BUSINESS THAT RECEIVES ECONOMIC  DEVELOPMENT
 ASSISTANCE.  A  BUSINESS  IS ANY CORPORATION, LIMITED LIABILITY COMPANY,
 PARTNERSHIP, JOINT VENTURE, ASSOCIATION, SOLE PROPRIETORSHIP,  OR  OTHER
 LEGALLY RECOGNIZED ENTITY.
   (M)  "RETAINED  EMPLOYEE" MEANS ANY EMPLOYEE DEFINED AS HAVING A FULL-
 TIME OR FULL-TIME EQUIVALENT JOB PRESERVED AT  A  SPECIFIC  FACILITY  OR
 SITE,  THE  CONTINUANCE  OF WHICH IS THREATENED BY A SPECIFIC AND DEMON-

 S. 1275                             3
 
 STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
 MENT ASSISTANCE.
   (N)  "SPECIFIC  PROJECT  SITE" MEANS THAT DISTINCT OPERATIONAL UNIT TO
 WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
   (O) "STATE GRANTING BODY" MEANS THE DIVISION AND/OR  ANY  OTHER  STATE
 DEPARTMENT, AGENCY, BUREAU, OFFICE, COMMISSION, PUBLIC AUTHORITY, PUBLIC
 CORPORATION  AND ANY OTHER STATE ENTITY THAT PROVIDES AND/OR ADMINISTERS
 DEVELOPMENT ASSISTANCE THAT HAS REPORTING REQUIREMENTS UNDER THIS  ARTI-
 CLE, AND ANY SUCCESSOR AGENCIES TO ANY OF THE PRECEDING ENTITIES.
   (P)  "TAX EXPENDITURE" IS AS DEFINED BY SECTION ONE HUNDRED EIGHTY-ONE
 OF THE EXECUTIVE LAW.
   (Q) "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
 A SPECIFIC DURATION OF TIME OR SEASON.
   (R) "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
 MENT ASSISTANCE.
 § 1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
   (A) FOR EACH STATE FISCAL YEAR ENDING ON OR AFTER JUNE THIRTIETH,  TWO
 THOUSAND TWENTY-FOUR, THE DIVISION, IN COLLABORATION WITH THE DEPARTMENT
 OF  TAXATION AND FINANCE, SHALL SUBMIT AN ANNUAL UNIFIED ECONOMIC DEVEL-
 OPMENT BUDGET TO THE GOVERNOR, SENATE AND ASSEMBLY. THE UNIFIED ECONOMIC
 DEVELOPMENT BUDGET SHALL BE DUE WITHIN THREE MONTHS AFTER THE END OF THE
 FISCAL YEAR, AND SHALL  PRESENT  ALL  TYPES  OF  DEVELOPMENT  ASSISTANCE
 GRANTED DURING THE PRIOR FISCAL YEAR, INCLUDING:
   (1)  THE  AGGREGATE AMOUNT, PREPARED BY THE DEPARTMENT OF TAXATION AND
 FINANCE AND PRESENTED AS STATE TOTALS, OF ACTUAL UNCOLLECTED OR DIVERTED
 STATE TAX REVENUES RESULTING FROM EACH TYPE  OF  DEVELOPMENT  ASSISTANCE
 PROVIDED  PURSUANT  TO  LAW,  AS  REPORTED IN THE ANNUAL TAX EXPENDITURE
 REPORT;
   (2) THE AGGREGATE AMOUNT, PREPARED BY THE DIVISION  AND  PRESENTED  AS
 STATE  TOTALS, OF DEVELOPMENT ASSISTANCE GRANTS AND LOANS AWARDED BY ALL
 STATE AND INDUSTRIAL DEVELOPMENT AGENCIES TO BUSINESSES,  NOT-FOR-PROFIT
 ORGANIZATIONS AND GOVERNMENT ENTITIES; AND A LIST OF THE TOP FIVE RECIP-
 IENTS  BY  DOLLAR  VALUE OF EACH TYPE OF DEVELOPMENT ASSISTANCE GRANT OR
 LOAN;
   (3) THE AGGREGATE AMOUNTS REQUIRED BY SUBPARAGRAPHS  ONE  AND  TWO  OF
 THIS PARAGRAPH SHALL CORRESPOND TO THE MOST RECENT FISCAL YEAR FOR WHICH
 RELIABLE DATA ARE AVAILABLE, AND THE PRECEDING FIVE FISCAL YEARS;
   (4)  A LIST OF ALL STATE DEVELOPMENT ASSISTANCE WITH A DESCRIPTION AND
 AGGREGATE AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES RESULTING
 FROM OR AWARDED FOR EACH TYPE OF DEVELOPMENT  ASSISTANCE  FOR  THE  MOST
 RECENT FISCAL YEAR AND ITS PRECEDING FISCAL YEAR; AND
   (5)  THE  AGGREGATE  AMOUNT, PREPARED BY THE DIVISION AND PRESENTED AS
 STATE TOTALS, OF JOBS CREATED AND/OR RETAINED WITH THE SUPPORT OF DEVEL-
 OPMENT ASSISTANCE.
   (B) ALL DATA CONTAINED IN  THE  UNIFIED  ECONOMIC  DEVELOPMENT  BUDGET
 PRESENTED TO THE GOVERNOR, SENATE AND ASSEMBLY SHALL BE FULLY SUBJECT TO
 THE  FREEDOM  OF  INFORMATION  ACT,  NOTWITHSTANDING  INSTANCES WHEN THE
 DISCLOSURE OF INFORMATION VIOLATES  CONFIDENTIALITY  AGREEMENTS  BETWEEN
 THE  DEPARTMENT OF TAXATION AND FINANCE AND RECIPIENTS OF STATE DEVELOP-
 MENT ASSISTANCE.
   (C) THE DEPARTMENT OF TAXATION AND FINANCE SHALL SUBMIT  A  REPORT  OF
 THE  AMOUNTS IN SUBPARAGRAPH ONE OF PARAGRAPH (A) OF THIS SECTION TO THE
 DIVISION, WHICH SHALL APPEND SUCH REPORT TO THE UNIFIED ECONOMIC  DEVEL-
 OPMENT BUDGET RATHER THAN SEPARATELY REPORTING SUCH AMOUNTS.
 § 1403. STANDARDIZED APPLICATIONS FOR STATE DEVELOPMENT ASSISTANCE.

 S. 1275                             4
 
   (A)  ALL  FINAL  APPLICATIONS  SUBMITTED  TO  THE DIVISION, INDUSTRIAL
 DEVELOPMENT AGENCIES OR ANY OTHER STATE GRANTING BODY REQUESTING  DEVEL-
 OPMENT ASSISTANCE SHALL CONTAIN, AT A MINIMUM:
   (1)  AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE STATE
 GRANTING AGENCY OR INDUSTRIAL DEVELOPMENT AGENCY AND  TO  EACH  APPLICA-
 TION;
   (2)  THE  OFFICE  MAILING  ADDRESS, OFFICE TELEPHONE NUMBER, AND CHIEF
 OFFICER OF THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
   (3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF  THE
 CHIEF  OFFICER  OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
 PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED;
   (4) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC  PROJECT
 SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE STATE GRANTING
 BODY  OR  INDUSTRIAL  DEVELOPMENT  AGENCY, INCLUDING THE NUMBER OF FULL-
 TIME, PERMANENT JOBS, THE NUMBER OF PART-TIME JOBS, AND  THE  NUMBER  OF
 TEMPORARY JOBS;
   (5)  THE  TYPE OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE BEING
 REQUESTED;
   (6) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED  AND
 RETAINED  BY  THE  APPLICANT  AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
 INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER  OF  PART-
 TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS;
   (7)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
 NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
 PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
 HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB  CLASSIFICA-
 TION  AND  TOTAL  PAYROLL  TO  BE CREATED AS A RESULT OF THE DEVELOPMENT
 ASSISTANCE;
   (8) A LIST OF ALL OTHER  FORMS  OF  DEVELOPMENT  ASSISTANCE  THAT  THE
 APPLICANT  IS  REQUESTING  FOR THE SPECIFIC PROJECT SITE AND THE NAME OF
 EACH STATE GRANTING BODY OR INDUSTRIAL  DEVELOPMENT  AGENCY  FROM  WHICH
 THAT DEVELOPMENT ASSISTANCE IS BEING REQUESTED;
   (9)  A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT ASSIST-
 ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
 MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK;
   (10) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR  HIS  OR
 HER  AUTHORIZED  DESIGNEE THAT THE INFORMATION CONTAINED IN THE APPLICA-
 TION SUBMITTED TO THE GRANTING BODY  OR  INDUSTRIAL  DEVELOPMENT  AGENCY
 CONTAINS  NO  KNOWING  MISREPRESENTATION  OF  MATERIAL  FACTS UPON WHICH
 ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
   (B) EVERY STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY  EITHER
 SHALL  COMPLETE, OR SHALL REQUIRE THE APPLICANT TO COMPLETE, AN APPLICA-
 TION FORM THAT MEETS THE MINIMUM  REQUIREMENTS  AS  PRESCRIBED  IN  THIS
 SECTION  EACH  TIME  AN  APPLICANT  APPLIES  FOR  DEVELOPMENT ASSISTANCE
 COVERED BY THIS ARTICLE.
   (C) THE DIVISION SHALL HAVE THE DISCRETION TO MODIFY ANY  STANDARDIZED
 APPLICATION  FOR  STATE  DEVELOPMENT ASSISTANCE REQUIRED UNDER PARAGRAPH
 (A) OF THIS SECTION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO
 A RECIPIENT BUSINESS ORGANIZATION.
 § 1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
   (A) BEGINNING FEBRUARY FIRST, TWO THOUSAND TWENTY-THREE AND EACH  YEAR
 THEREAFTER,  EVERY STATE GRANTING BODY AND INDUSTRIAL DEVELOPMENT AGENCY
 SHALL SUBMIT TO THE DIVISION COPIES OF ALL DEVELOPMENT ASSISTANCE AGREE-
 MENTS THAT IT APPROVED IN THE PRIOR CALENDAR YEAR.
   (B) FOR EACH DEVELOPMENT ASSISTANCE AGREEMENT FOR WHICH  THE  DATE  OF
 ASSISTANCE HAS OCCURRED IN THE PRIOR CALENDAR YEAR, EACH RECIPIENT SHALL

 S. 1275                             5
 
 SUBMIT  TO THE DIVISION A PROGRESS REPORT THAT SHALL INCLUDE, BUT NOT BE
 LIMITED TO, THE FOLLOWING:
   (1) THE APPLICATION TRACKING NUMBER;
   (2)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
 CHIEF OFFICER OF THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
   (3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF  THE
 CHIEF  OFFICER  OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
 PROJECT SITE FOR WHICH THE DEVELOPMENT ASSISTANCE WAS  APPROVED  BY  THE
 STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
   (4) THE TYPE OF DEVELOPMENT ASSISTANCE PROGRAM AND VALUE OF ASSISTANCE
 THAT  WAS  APPROVED BY THE STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT
 AGENCY;
   (5) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC  PROJECT
 SITE  ON THE DATE THAT THE APPLICATION WAS SUBMITTED TO THE STATE GRANT-
 ING BODY OR INDUSTRIAL DEVELOPMENT  AGENCY  AND  THE  APPLICANT'S  TOTAL
 NUMBER  OF  EMPLOYEES  AT  THE  SPECIFIC PROJECT SITE ON THE DATE OF THE
 REPORT, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER OF
 PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS, AND A  COMPUTATION  OF
 THE GAIN OR LOSS OF JOBS IN EACH CATEGORY;
   (6) THE NUMBER OF NEW EMPLOYEES AND RETAINED EMPLOYEES THAT THE APPLI-
 CANT STATED IN ITS DEVELOPMENT ASSISTANCE AGREEMENT, IF ANY, AND IF NOT,
 THEN IN ITS APPLICATION, WOULD BE CREATED BY THE DEVELOPMENT ASSISTANCE,
 BROKEN DOWN BY FULL-TIME, PERMANENT, PART-TIME, AND TEMPORARY;
   (7) A SWORN DECLARATION OF WHETHER THE RECIPIENT IS IN COMPLIANCE WITH
 THE DEVELOPMENT ASSISTANCE AGREEMENT;
   (8)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
 NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
 PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
 HIRES AND THE ACTUAL AVERAGE WAGE BY OCCUPATION  OR  JOB  CLASSIFICATION
 AND  TOTAL  PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT ASSIST-
 ANCE;
   (9) A NARRATIVE, IF NECESSARY, DESCRIBING HOW THE RECIPIENT'S  USE  OF
 THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS REDUCED EMPLOY-
 MENT AT ANY SITE IN NEW YORK; AND
   (10)  A  CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR HIS OR
 HER AUTHORIZED DESIGNEE THAT THE  INFORMATION  IN  THE  PROGRESS  REPORT
 CONTAINS  NO  KNOWING  MISREPRESENTATION  OF  MATERIAL  FACTS UPON WHICH
 ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
   (C) THE STATE  GRANTING  BODY,  INDUSTRIAL  DEVELOPMENT  AGENCY  OR  A
 SUCCESSOR  AGENCY,  SHALL  HAVE  FULL  AUTHORITY  TO  VERIFY INFORMATION
 CONTAINED IN THE RECIPIENT'S PROGRESS REPORT, INCLUDING THE AUTHORITY TO
 INSPECT THE SPECIFIC PROJECT SITE AND INSPECT THE RECORDS OF THE RECIPI-
 ENT THAT ARE SUBJECT TO THE DEVELOPMENT ASSISTANCE AGREEMENT.
   (D) BY JUNE FIRST, TWO THOUSAND TWENTY-FIVE AND BY JUNE FIRST OF  EACH
 YEAR  THEREAFTER, THE DIVISION SHALL COMPILE AND PUBLISH ALL DATA IN ALL
 OF THE PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORM.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

Co-Sponsors

S1275A (ACTIVE) - Details

Law Section:: Public Authorities Law
Laws Affected:: Add §8, amd §2807, Pub Auth L; add §859-d, Gen Muni L; amd §1411, N-PC L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S2854
2013-2014: S3446
2015-2016: S2669
2017-2018: S3354
2019-2020: S3364
2023-2024: S1737

S1275A (ACTIVE) - Summary

S1275A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S1275A

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the public authorities law, in relation to establishing
a local authorities searchable subsidy and economic development benefits
database; to amend the general municipal law, in relation to the obli-
gations of certain industrial development agencies; and to amend the
not-for-profit corporation law, in relation to the status of certain
local development corporations

 
PURPOSE:

Directs the Authorities Budget Office to create searchable database
regarding economic development projects that outlines the aggregate
amounts of State investments in economic development projects statewide,
the benefactors of these investments and the number of jobs businesses
created or retained as a result of this development assistance.

 
SUMMARY OF PROVISIONS:

Section 1. Adds additional definitions to the public authorities law for
purposes of creating a searchable database on subsidies and economic
development projects. The Authorities Budget Office shall create a
searchable database to display data regarding economic development
projects administered by the budget Office. Such database would include
information on the following: Name. project information, location,
amount of time the benefit is for, number of employees, number of jobs
to be retained to created, type of benefit received, total benefits
received, amount of public and private funding and details related
project compliance.

Section 2. The General Municipal Law is amended to require that Indus-
trial Development Authorities submit required information to ABO's
searchable database on economic development projects.

Section 3. The Public Authorities Law is amended to require that local
authorities submit required information to ABO's searchable database on
economic development projects.

Section 4. Amends the not-for-profit corporation to include local devel-
opment corporations in the definitions of those required to participate
in the searchable database.

 
JUSTIFICATION:

New York State annually invests billions of dollars in economic develop
projects each year, regularly in the form of grants, loans or tax
expenditures. However, it is difficult to ascertain the extent end
effectiveness of this spending because the responsibility of granting
this development assistance is spread across several State entities. In
the 2022 State Budget, a database of deals was created for the public to
have a resource to search this information. Unfortunately, the Authori-
ties Budget Office and Industrial Development Agencies were not included
in this initiative. Thiswould require participation in the Statewide
programs and would create easily accessible searchable databases for the
public's access.

 
LEGISLATIVE HISTORY:

2019-20 S.3364/A.8444 - died Corps, Authorities and Commissions

2017-18 S.3354 No Same As - passed Senate, died in Ways and Means

2015-16 S.2669-A/A.5688-A Kavanagh - died Corps, Authorities and Commis-
sions

2013-14 S.3446-A/A.6542-A Kavanagh - died Corps, Authorities and Commis-
sions

2011-12 S.2854-A No Same As - notice of consideration - discharged to
Rules

 
FISCAL IMPLICATIONS:

Unknown.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall become
law

S1275A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1275--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  BIAGGI,  GOUNARDES,  LIU, MAY, SERRANO,
   SKOUFIS -- read twice and ordered printed,  and  when  printed  to  be
   committed  to  the  Committee on Corporations, Authorities and Commis-
   sions -- recommitted to the Committee on Corporations, Authorities and
   Commissions in accordance with Senate Rule  6,  sec.  8  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the public authorities law, in relation to establishing
   a local authorities searchable subsidy and economic development  bene-
   fits  database; to amend the general municipal law, in relation to the
   obligations of certain industrial development agencies; and  to  amend
   the  not-for-profit  corporation  law,  in  relation  to the status of
   certain local development corporations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    The  public  authorities law is amended by adding a new
 section 8 to read as follows:
   § 8. LOCAL AUTHORITIES SEARCHABLE  SUBSIDY  AND  ECONOMIC  DEVELOPMENT
 BENEFITS  DATABASE.  (1) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
   (I) FUNDS MADE AVAILABLE BY A LOCAL AUTHORITY, INCLUDING WITHOUT LIMI-
 TATION ANY ENTITY CREATED  INCORPORATED  PURSUANT  TO  SECTION  FOURTEEN
 HUNDRED  ELEVEN  OF  THE  NOT-FOR-PROFIT  CORPORATION  LAW, FOR ECONOMIC
 DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING,  BUT  NOT  LIMITED  TO,
 GRANTS,  LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND SUBSIDIES;
 AND
   (II) TAX CREDITS, TAX EXEMPTIONS,  REDUCED  TAX  RATES  OR  OTHER  TAX
 INCENTIVES  WHICH  ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY OR ON
 BEHALF OF A LOCAL AUTHORITY, INCLUDING  WITHOUT  LIMITATION  ANY  ENTITY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05752-02-2
 S. 1275--A                          2

 
 CREATED  INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE
 NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT.
   (B)  "ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE
 ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE  TO  THE  LOCAL  AUTHORITY,
 INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO
 SECTION  FOURTEEN  HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW,
 BY A STATE ENTITY TO AWARD SUCH BENEFITS TO QUALIFIED RECIPIENTS.
   (C) "QUALIFIED PARTICIPANT" SHALL MEAN  A  PERSON,  BUSINESS,  LIMITED
 LIABILITY  CORPORATION  OR  ANY  OTHER  ENTITY  THAT HAS APPLIED FOR AND
 RECEIVED BENEFITS AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
   (D) "FULL-TIME EQUIVALENT" SHALL MEAN A  UNIT  OF  MEASURE,  WHICH  IS
 EQUAL TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION.
   (E)  "PROJECT  HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
 FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
   (F) "PART-TIME JOB" SHALL  MEAN  A  JOB  IN  WHICH  AN  INDIVIDUAL  IS
 EMPLOYED  BY  A  QUALIFIED PARTICIPANT FOR LESS THAN THIRTY-FIVE HOURS A
 WEEK.
   (G) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE.
   (I) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN  THE  DATA-
 BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
   (J) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT
 OR AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPHS (A)
 AND  (B)  OF  THIS  SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL
 AUTHORITY TO, INCLUDING WITHOUT LIMITATION ANY ENTITY  CREATED  INCORPO-
 RATED  PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT
 CORPORATION LAW, TO A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR
 ANY OTHER ENTITY.
   2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A
 SEARCHABLE DATABASE,  DISPLAYING  DATA  REGARDING  ECONOMIC  DEVELOPMENT
 BENEFITS  THAT  A  QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH DATABASE
 SHALL ALSO SEPARATELY DISPLAY DATA REGARDING ADDITIONAL  STATE  ECONOMIC
 DEVELOPMENT  BENEFITS  AND  THE  AGGREGATE  TOTAL OF BENEFITS DEFINED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION,  TO  THE  EXTENT  THAT
 SUCH  DATA  HAS  BEEN MADE AVAILABLE TO AND IS RECEIVED BY THE OFFICE IN
 THE FORM AND MANNER PRESCRIBED BY THE OFFICE. SUCH  SEARCHABLE  DATABASE
 SHALL  INCLUDE, AT A MINIMUM, THE FOLLOWING DATA, FEATURES AND FUNCTION-
 ALITY TO THE EXTENT PRACTICABLE:
   (A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED  INFOR-
 MATION FIELDS;
   (B) THE ABILITY TO BE SEARCHABLE, DOWNLOADABLE, AND UPDATED QUARTERLY,
 AND POSTED ON A PUBLICLY ACCESSIBLE WEBSITE AS WELL AS REFERENCED ON THE
 OFFICE'S WEBSITE, WITH A DIRECT LINK TO THE DATABASE;
   (C) THE FOLLOWING DATA ON PROJECTS SHALL BE INCLUDED:
   (I)  A QUALIFIED PARTICIPANT'S NAME AND PROJECT, PROJECT LOCATION, THE
 PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE  AND
 SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE;
   (II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR
 HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
   (III)  THE  TYPE  OF SUCH ECONOMIC DEVELOPMENT BENEFITS, AS DEFINED IN
 PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, PROVIDED TO  A  QUALI-
 FIED  PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM OR PROGRAMS THROUGH
 WHICH SUCH BENEFITS  ARE  PROVIDED,  AND  DETAILS  AS  TO  WHETHER  SUCH
 PROGRAMS  ARE GRANTS OR TAX CREDIT PROGRAMS AS A SEPARATE AND SEARCHABLE
 FIELD. SUCH DATA SHALL BE PROVIDED TO THE  EXTENT  PRACTICABLE  FOR  ALL
 CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
 S. 1275--A                          3
 
   (IV)  THE  TOTAL  NUMBER  OF  EMPLOYEES AT ALL ENTITIES UTILIZING SUCH
 ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
 ONE OF THIS SECTION, AT THE TIME OF THE AGREEMENT, INCLUDING THE  NUMBER
 OF  FULL-TIME  EQUIVALENTS, PROVIDED THAT ANY PROJECT HIRES OR PART-TIME
 JOBS SHALL BE DISPLAYED IN SEPARATE FIELDS AND MAY BE CONVERTED TO FULL-
 TIME  EQUIVALENTS AND DENOTED AS SUCH, TO THE EXTENT PRACTICABLE FOR ALL
 CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
   (V) FOR ANY ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH  (A)
 OF  SUBDIVISION  ONE  OF THIS SECTION THAT PROVIDES FOR JOB RETENTION OR
 JOB CREATION, THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED,  THE  TOTAL
 JOB CREATION COMMITMENTS, JOB RETENTION COMMITMENTS, JOB CREATION ACTUAL
 NUMBER, AND THE JOB RETENTION ACTUAL NUMBER, DISPLAYED IN TERMS OF FULL-
 TIME  EQUIVALENTS  WHERE  ANY  PROJECT  HIRES  OR  PART-TIME JOBS MAY BE
 CONVERTED TO FULL-TIME EQUIVALENTS AND DENOTED AS SUCH, THE ACTUAL AVER-
 AGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND  TOTAL  PAYROLL  TO  BE
 CREATED  AS  A RESULT OF THE BENEFITS, SHALL BE PROVIDED, EACH DISPLAYED
 AS SEPARATE AND SEARCHABLE FIELDS;
   (VI) THE TOTAL AND SEPARATE AMOUNT OF  ECONOMIC  DEVELOPMENT  BENEFITS
 DEFINED  IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION RECEIVED BY
 A QUALIFIED PARTICIPANT TO DATE;
   (VII) THE TOTAL PUBLIC-PRIVATE INVESTMENT MADE  TO  A  PROJECT,  TOTAL
 PUBLIC FUNDING RECEIVED BY A PROJECT, AND PROJECT STATUS;
   (VIII)  DETAILS  RELATED  TO  INDIVIDUAL PROJECT COMPLIANCE INDICATING
 WHETHER, DURING THE CURRENT REPORTING QUARTER, THE ENTITY  MANAGING  THE
 AWARD  HAS  REDUCED,  CANCELLED,  OR RECAPTURED ANY ECONOMIC DEVELOPMENT
 BENEFITS OR ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS FROM A QUALI-
 FIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF THE REDUCTION, CANCEL-
 LATION, OR RECAPTURE. SEPARATELY, A NOTATION OF PENALTIES ASSESSED SHALL
 BE DISPLAYED IN A SEPARATE AND SEARCHABLE FIELD, AS WELL AS THE  REASONS
 THEREFOR IN ANOTHER SEPARATE AND SEARCHABLE FIELD;
   (IX)  THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
 SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED  PARTICIPANTS
 TO CREATE UNIQUE DATABASE VIEWS;
   (X)  THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
 IN A COMMON MACHINE READABLE FORMAT;
   (XI) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
   (XII) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT  DEFINED
 IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
 PARTICIPANTS;
   (XIII) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY
 OF THE DATABASE; AND
   (XIV)  A  DEDICATED  EMAIL  ACCOUNT FOR THE PUBLIC TO DIRECT QUESTIONS
 RELATED TO THE DATABASE, AND THE OFFICE MAILING  ADDRESS,  OFFICE  TELE-
 PHONE NUMBER, AND NAME OF THE CHIEF OFFICER OF THE GRANTING BODY.
   3.  DATA RELATED TO SUBPARAGRAPHS (I) THROUGH (VI) OF PARAGRAPH (C) OF
 SUBDIVISION TWO OF THIS SECTION SHALL BE ANALYZED FOR QUALITY AND  ACCU-
 RACY  BY  THE  ENTITY  OR  AUTHORITY PROVIDING SUCH FUNDING TO QUALIFIED
 RECIPIENTS AND MANAGING THE CONTRACTS RELATED THERETO.  UPON  SUBMISSION
 OF  SUCH  DATA TO THE OFFICE FOR INCLUSION IN THE DATABASE, ALL AWARDING
 ENTITIES SHALL CERTIFY TO THE OFFICE THAT EACH  FIELD  OF  PROJECT  DATA
 ACCURATELY  SUMMARIZES  PROJECT  INVESTMENTS AND AMOUNTS AND CONTAINS NO
 KNOWN MISREPRESENTATION OF MATERIAL FACTS.
   4. UPON REQUEST THE OFFICE  SHALL  PROVIDE,  OR  DIRECT  TO  A  SOURCE
 PROVIDING,  IN  AN  ELECTRONICALLY ACCESSIBLE AND DOWNLOADABLE FORM, ANY
 CONTRACTS OR AWARD AGREEMENTS FOR PROJECTS INCLUDED IN THE DATABASE,  TO
 THE  EXTENT  SUCH  CONTRACTS  OR  AWARD  AGREEMENTS ARE AVAILABLE TO THE
 S. 1275--A                          4

 PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR  ANY  OTHER
 LAW.  SUCH CONTRACTS MAY, UPON REQUEST FROM THE OFFICE, BE SHARED BY THE
 ENTITY HOLDING AND MANAGING SUCH CONTRACT.
   5. THE OFFICE MAY REQUEST ANY DATA FROM QUALIFIED PARTICIPANTS THAT IS
 NECESSARY  AND  REQUIRED  IN  DEVELOPING,  UPDATING, AND MAINTAINING THE
 SEARCHABLE DATABASE. SUCH QUALIFIED PARTICIPANTS SHALL PROVIDE ANY  SUCH
 INFORMATION REQUESTED BY THE OFFICE.
   6.  THE  OFFICE  SHALL  PRESCRIBE THE FORM AND MANNER IN WHICH A LOCAL
 AUTHORITY AWARDING OTHER  STATE  AGENCY  ECONOMIC  DEVELOPMENT  BENEFITS
 SHALL  SUBMIT INFORMATION AND DATA REGARDING OTHER STATE AGENCY BENEFITS
 AS REQUIRED FOR DEVELOPING, UPDATING, AND MAINTAINING THE  DATABASE  AND
 PUBLISH  GUIDELINES  AS  NEEDED  TO  FACILITATE  RECEIPT OF SUCH DATA TO
 COMPLY WITH THE PROVISIONS OF THIS  SECTION,  INCLUDING  THE  SUBMISSION
 PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. THE CORPORATION, TO THE
 EXTENT  PRACTICABLE,  SHALL NOTE ON THE DATABASE WHERE A STATE AGENCY OR
 AUTHORITY FAILED TO SUBMIT THE REQUIRED DATA.
   7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE OFFICE MAY  REQUEST
 AND  SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMIS-
 SION OR OTHER AGENCY OF THE STATE, OR ANY STATE OR LOCAL PUBLIC AUTHORI-
 TY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE  THE  OFFICE  TO
 CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
   §  2. Section 2807 of public authorities law, as added by section 3 of
 part NNN of chapter 58 of the laws  of  2022,  is  amended  to  read  as
 follows:
   §  2807.  1.  Reporting  for  searchable  state  subsidy and aggregate
 economic  development  benefits  database.  Notwithstanding  any   other
 provision  of law to the contrary, every state authority shall submit to
 the urban development corporation, and update quarterly, in the form and
 manner prescribed by the urban development corporation, any and all data
 and information as necessary for developing, updating,  and  maintaining
 the  database established in section fifty-eight of section one of chap-
 ter one hundred seventy-four of the  laws  of  nineteen  hundred  sixty-
 eight,  constituting  the  New  York state urban development corporation
 act, regarding economic development benefits, as such term is defined in
 such section, awarded by such state authority.  A  state  authority  may
 request and shall receive any data from an individual, business, limited
 liability  corporation  or  any  other  entity  that has applied for and
 received approval for, or is  the  beneficiary  of,  any  such  economic
 development  benefits,  as is necessary and required to comply with this
 section.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A LOCAL
 AUTHORITY SHALL SUBMIT TO THE  AUTHORITIES  BUDGET  OFFICE,  AND  UPDATE
 QUARTERLY,  IN  THE FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET
 OFFICE, ANY AND ALL DATA AND INFORMATION AS  NECESSARY  FOR  DEVELOPING,
 UPDATING,  AND MAINTAINING  THE DATABASE ESTABLISHED IN SECTION EIGHT OF
 THE PUBLIC AUTHORITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS,  AS
 THE TERM IS DEFINED THEREIN, AWARDED BY SUCH AUTHORITY. A LOCAL AUTHORI-
 TY  MAY  REQUEST  AND  SHALL  RECEIVE  ANY DATA FROM A PERSON, BUSINESS,
 LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS  APPLIED  FOR
 AND  RECEIVED  APPROVAL  FOR OR IS THE BENEFICIARY OF, ANY SUCH ECONOMIC
 DEVELOPMENT BENEFITS, AS IS NECESSARY AND REQUIRED TO COMPLY  WITH  THIS
 SECTION.
   §  3.  The  general  municipal  law is amended by adding a new section
 859-d to read as follows:
   § 859-D. REPORTING FOR THE LOCAL AUTHORITIES  SEARCHABLE  SUBSIDY  AND
 ECONOMIC   DEVELOPMENT  BENEFITS  DATABASE.  NOTWITHSTANDING  ANY  OTHER
 S. 1275--A                          5

 PROVISION OF LAW TO THE CONTRARY, AN INDUSTRIAL DEVELOPMENT AGENCY SHALL
 SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE  QUARTERLY,  IN  THE
 FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET OFFICE, ANY AND ALL
 DATA  AND  INFORMATION AS NECESSARY FOR DEVELOPING, UPDATING, AND  MAIN-
 TAINING  THE DATABASE ESTABLISHED IN SECTION EIGHT OF THE PUBLIC AUTHOR-
 ITIES LAW, REGARDING ECONOMIC  DEVELOPMENT  BENEFITS,  AS  THE  TERM  IS
 DEFINED  THEREIN,  AWARDED  BY  SUCH  INDUSTRIAL  DEVELOPMENT AGENCY. AN
 INDUSTRIAL DEVELOPMENT AGENCY MAY REQUEST AND  SHALL  RECEIVE  ANY  DATA
 FROM  A  PERSON,  BUSINESS,  LIMITED  LIABILITY CORPORATION OR ANY OTHER
 ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR OR IS THE  BENEFI-
 CIARY  OF,  ANY  SUCH ECONOMIC DEVELOPMENT BENEFITS, AS IS NECESSARY AND
 REQUIRED TO COMPLY WITH THIS SECTION.
   § 4. Paragraph (i) of section 1411 of the  not-for-profit  corporation
 law is amended and a new paragraph (j) is added to read as follows:
   (i) Effect of section.
   Corporations  incorporated  or reincorporated under this section shall
 be organized and operated exclusively for  the  purposes  set  forth  in
 paragraph  (a)  OF  THIS  SECTION, 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 limita-
 tions imposed by paragraph (e) [and], paragraph (g), AND  PARAGRAPH  (J)
 OF  THIS SECTION. In so far as the provisions of this section are incon-
 sistent 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.
   (J) PUBLIC AUTHORITIES LAW.
   NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY,  A  CORPO-
 RATION  INCORPORATED  OR  REINCORPORATED  UNDER  THIS  SECTION  SHALL BE
 CONSIDERED A LOCAL AUTHORITY UNDER THE PUBLIC AUTHORITIES  LAW,  AND  BE
 SUBJECT  TO  THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE
 PUBLIC AUTHORITIES LAW.
   § 5. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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The New York State Senate

senate Bill S1275A

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Archive: Last Bill Status - Passed Senate

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May 24, 2022 - floor Vote

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May 24, 2022 - Rules committee Vote

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Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 24, 2021 - Rules committee Vote

Committee Vote: May 24, 2021

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S1275 - Details

S1275 - Summary

S1275 - Sponsor Memo

S1275 - Bill Text download pdf

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S1275A (ACTIVE) - Details

S1275A (ACTIVE) - Summary

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S1275A (ACTIVE) - Bill Text download pdf

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senate Bill S1275A

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Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

May 24, 2022 - floor Vote

Floor Vote: May 24, 2022

May 24, 2022 - Rules committee Vote

Rules Committee Vote: May 24, 2022

Jun 2, 2021 - floor Vote

Floor Vote: Jun 2, 2021

May 24, 2021 - Rules committee Vote

Committee Vote: May 24, 2021

Bill Amendments

Co-Sponsors

S1275 - Details

S1275 - Summary

S1275 - Sponsor Memo

S1275 - Bill Text download pdf

Co-Sponsors

S1275A (ACTIVE) - Details

S1275A (ACTIVE) - Summary

S1275A (ACTIVE) - Sponsor Memo

S1275A (ACTIVE) - Bill Text download pdf

Comments