S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5146
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 25, 2021
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT to amend the general municipal law, in relation to  prerequisites
   for financial assistance provided by industrial development agencies

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraphs (h) and (i) of subdivision 4 of section 859-a of
 the general municipal law, as added by chapter 563 of the laws of  2015,
 are amended, and a new paragraph (j) is added to read as follows:
   (h)  a statement that the owner, occupant or operator receiving finan-
 cial assistance is in  substantial  compliance  with  applicable  local,
 state  and  federal tax, worker protection and environmental laws, rules
 and regulations; [and]
   (i) a statement acknowledging that the  submission  of  any  knowingly
 false  or  knowingly  misleading  information  may lead to the immediate
 termination of any financial assistance  and  the  reimbursement  of  an
 amount  equal  to all or part of any tax exemptions claimed by reason of
 agency involvement in the project[.]; AND
   (J) TO THE EXTENT PRACTICABLE, AN ESTIMATE OF THE PERCENTAGE OF  MATE-
 RIALS,  PRODUCTS,  GOODS,  AND OTHER ITEMS TO BE USED ON, BY, OR FOR THE
 PROPOSED PROJECT WHICH ARE PRODUCED, MANUFACTURED, OR  OTHERWISE  GENER-
 ATED IN THE STATE.
   §  2.  Paragraph  (b) of subdivision 5 of section 859-a of the general
 municipal law, as added by chapter 563 of the laws of 2015,  is  amended
 to read as follows:
   (b)  a written cost-benefit analysis by the agency that identifies the
 extent to which a project  will  create  or  retain  permanent,  private
 sector  jobs; THE EXTENT TO WHICH SUCH JOBS SHALL BE FILLED BY RESIDENTS
 OF THE ECONOMIC DEVELOPMENT REGION AS ESTABLISHED  PURSUANT  TO  SECTION
 TWO  HUNDRED  THIRTY OF THE ECONOMIC DEVELOPMENT LAW OR THE LABOR MARKET
 AREA AS DEFINED BY THE AGENCY, IN WHICH  THE  PROJECT  IS  LOCATED;  THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD10068-01-1

 S. 5146                             2
 
 EXTENT TO WHICH A PROJECT WILL USE MATERIALS, PRODUCTS, GOODS, AND OTHER
 ITEMS  WHICH  ARE  PRODUCED, MANUFACTURED, OR OTHERWISE GENERATED IN THE
 STATE; the estimated value of any tax exemptions  to  be  provided;  the
 amount  of private sector investment generated or likely to be generated
 by the proposed project; the likelihood of  accomplishing  the  proposed
 project  in  a  timely  fashion;  and  the  extent to which the proposed
 project will provide additional sources of  revenue  for  municipalities
 and  school districts; and any other public benefits that might occur as
 a result of the project;
   § 3. Paragraph (b) of subdivision 6 of section 859-a  of  the  general
 municipal  law,  as added by chapter 563 of the laws of 2015, is amended
 to read as follows:
   (b) require each project owner, occupant or operator receiving  finan-
 cial  benefits  to provide annually a certified statement and documenta-
 tion:  (i) enumerating the full time equivalent jobs  retained  and  the
 full  time  equivalent jobs created as a result of the financial assist-
 ance, by category, including full time equivalent  independent  contrac-
 tors  or  employees  of independent contractors that work at the project
 location[, and]; (ii) indicating that  the  salary  and  fringe  benefit
 averages or ranges for categories of jobs retained and jobs created that
 was provided in the application is still accurate and if it is not still
 accurate, providing a revised list of salary and fringe benefit averages
 or  ranges  for  categories of jobs retained and jobs created; AND (III)
 INDICATING THE PERCENTAGE OF MATERIALS, PRODUCTS, GOODS, AND OTHER ITEMS
 PURCHASED AS A RESULT OF THE FINANCIAL ASSISTANCE WHICH  WERE  PRODUCED,
 MANUFACTURED, OR OTHERWISE GENERATED IN THE STATE.
   §  4.    Paragraph  (a) of subdivision 4 of section 874 of the general
 municipal law, as amended by chapter 386 of the laws of 2019, is amended
 to read as follows:
   (a) The agency shall establish a uniform tax  exemption  policy,  with
 input  from affected tax jurisdictions, which shall be applicable to the
 provision of financial assistance  pursuant  to  section  eight  hundred
 fifty-nine-a of this chapter and shall provide guidelines for the claim-
 ing  of  real  property,  mortgage  recording, and sales tax exemptions.
 Such guidelines  shall  include,  but  not  be  limited  to:  period  of
 exemption;   percentage  of  exemption;  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 AND HOW
 MANY OF SUCH JOBS SHALL BE FILLED BY RESIDENTS OF THE ECONOMIC  DEVELOP-
 MENT REGION AS ESTABLISHED PURSUANT TO SECTION TWO HUNDRED THIRTY OF THE
 ECONOMIC  DEVELOPMENT  LAW  OR  THE  LABOR MARKET AREA AS DEFINED BY THE
 AGENCY, IN WHICH THE PROJECT IS LOCATED; THE EXTENT TO WHICH  A  PROJECT
 WILL USE MATERIALS, PRODUCTS, GOODS, AND OTHER ITEMS WHICH ARE PRODUCED,
 MANUFACTURED,  OR  OTHERWISE GENERATED IN THE STATE; 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 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 timely fashion; the effect of
 the  proposed  project  upon  the  environment;  the extent to which the

 S. 5146                             3
 
 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 of revenue for  munici-
 palities and school districts.
   §  5.    This act shall take effect immediately and shall apply to all
 applications submitted beginning sixty days after such effective date.