The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  211--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 4, 2023
                                ___________
 
 Introduced  by M. of A. SOLAGES -- read once and referred to the Commit-
   tee on Governmental Operations -- committee discharged, bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02056-03-3
 A. 211--A                           2
 
 ENTITY, 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.
   § 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.