S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5600
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 16, 2023
                                ___________
 
 Introduced  by  M.  of A. GUNTHER, JACOBSON -- read once and referred to
   the Committee on Local Governments
 
 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 amended by section 7 of part X of chapter  59  of  the
 laws of 2021, 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.
                                                            LBD04361-01-3
              

 A. 5600                             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 contribution of the project to the  state's
 renewable  energy  goals  and emission reduction targets as set forth in
 the state energy plan adopted pursuant to section 6-104  of  the  energy
 law;  the  likelihood  of accomplishing the proposed project in a timely
 fashion; and the extent to which the proposed project will provide addi-
 tional 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
 A. 5600                             3
 
 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 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.