S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    545
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  COMRIE,  MAY,  RAMOS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Corporations, Authorities and Commissions
 
 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 PARTY  NEGOTIATING
 ON BEHALF OF SUCH GOVERNMENTAL ENTITY, ANY MUNICIPALITY OR PUBLIC CORPO-
 RATION  FOR  PROJECTS,  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  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 149 to
 read as follows:
   § 149. 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, OR ANY PARTY NEGOTIATING ON  BEHALF  OF  SUCH  GOVERNMENTAL
 ENTITY, INCLUDING BUT NOT LIMITED TO TAX INCENTIVES, PAYMENTS IN LIEU OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02056-02-3
              

 S. 545                              2
 
 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.
   § 3. The general municipal law is amended by adding a new section 99-z
 to read as follows:
   §  99-Z.  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, ANY PARTY  NEGO-
 TIATING ON BEHALF OF SUCH GOVERNMENTAL ENTITY, 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 PARTY NEGOTIATING
 ON BEHALF OF SUCH GOVERNMENTAL ENTITY, ANY MUNICIPALITY OR PUBLIC CORPO-
 RATION FOR ECONOMIC DEVELOPMENT, 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.
   § 5. This act shall take effect immediately.