LBD15104-01-6
A. 10545 2
(B) THE SEMIANNUAL EMPLOYEE RESIDENCY REPORT DUE FEBRUARY 1 IS A
REPORT FOR A REPORTING PERIOD FROM JULY 1 TO THE ENSUING CLOSING DATE OF
THE PRIOR YEAR; THE SEMIANNUAL EMPLOYEE RESIDENCY REPORT DUE AUGUST 1 IS
A REPORT FOR A REPORTING PERIOD FROM JANUARY 1 TO THE ENSUING CLOSING
DATE OF THAT SAME YEAR.
(C) THE SEMIANNUAL EMPLOYEE RESIDENCY REPORT SHALL CONTAIN:
(I) THE NAME OF THE QUALIFIED PARTICIPANT, BOTH ITS OFFICIAL NAME AND
ANY DOING-BUSINESS-AS NAME;
(II) THE REPORTING PERIOD OF THE REPORT;
(III) THE ADDRESS OR ADDRESSES OF THE QUALIFIED PARTICIPANT'S PLACE OR
PLACES OF BUSINESS IN THE STATE;
(IV) THE TOTAL NUMBER OF EMPLOYEES EMPLOYED BY THE QUALIFIED PARTIC-
IPANT ON THE APPLICABLE CLOSING DATE, AND, SEPARATELY, THE NUMBER OF
SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(V) THE AGGREGATE NUMBER OF HOURS OF WORK PERFORMED BY ITS EMPLOYEES
DURING THE REPORTING PERIOD AND, SEPARATELY, THE NUMBER OF HOURS OF WORK
PERFORMED BY EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(VI) THE ACTUAL AVERAGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND
TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE BENEFITS AS OF THE APPLI-
CABLE CLOSING DATE BY THE NUMBER OF SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(VII) ANY ADDITIONAL INFORMATION, COMMENTARY OR EXPLANATION THAT THE
QUALIFIED PARTICIPANT MAY CHOOSE TO INCLUDE; AND
(VIII) A CERTIFICATION BY AN AUTHORIZED REPRESENTATIVE OF THE QUALI-
FIED PARTICIPANT WITH KNOWLEDGE OF THE FACTS REPORTED IN THE REPORT
STATING THAT THE CONTENTS THEREOF ARE TRUE AND ACKNOWLEDGING THE PENALTY
FOR FALSE CERTIFICATIONS IF THE CONTENTS THEREOF ARE NOT TRUE.
(D) OTHER THAN THE NAME OF THE CERTIFYING REPRESENTATIVE REQUIRED BY
PARAGRAPH (H) OF THIS SUBDIVISION, THE SEMIANNUAL EMPLOYEE RESIDENCY
REPORT SHALL NOT CONTAIN THE NAME OF ANY INDIVIDUAL EMPLOYEE, SUCH
EMPLOYEE'S RESIDENTIAL STREET ADDRESS, OR SUCH EMPLOYEE'S SPECIFIC WAGE,
SALARY, OR COMPENSATION, OR ANY OTHER SIMILAR PERSONAL INFORMATION ABOUT
ANY EMPLOYEE.
(E) EVERY SEMIANNUAL EMPLOYEE RESIDENCY REPORT REQUIRED BY THIS SUBDI-
VISION IS PUBLIC INFORMATION UPON BEING FILED WITH THE DEPARTMENT OF
ECONOMIC DEVELOPMENT AND SHALL BE DISCLOSED ON DEMAND TO ANY PERSON
REQUESTING THE SAME UNDER APPLICABLE PUBLIC RECORD LAWS.
(F) A QUALIFIED PARTICIPANT WHO IS REQUIRED TO FILE THE SEMIANNUAL
EMPLOYEE RESIDENCY REPORT BUT FAILS TO DO SO BY THE DATE REQUIRED OR WHO
PURPOSELY, KNOWINGLY, OR RECKLESSLY INCLUDES ONE OR MORE MATERIALLY
FALSE STATEMENTS SHALL BE IN VIOLATION OF THIS SUBDIVISION, AND MAY BE
SUBJECT TO AN ENFORCEMENT ACTION BY THE DEPARTMENT OF ECONOMIC DEVELOP-
MENT, PURSUANT TO CONTRACTUAL PROVISIONS BETWEEN THE DEPARTMENT AND THE
QUALIFIED PARTICIPANT REQUIRING THE KEEPING AND MAINTAINING OF ACCURATE
RECORDS.
A. 10545 3
(G) EACH QUALIFIED PARTICIPANT SHALL KEEP AND MAINTAIN RECORDS SUFFI-
CIENT TO ESTABLISH THE ACCURACY OF EACH SEMIANNUAL EMPLOYEE RESIDENCY
REPORT FOR SEVEN YEARS FROM THE DUE DATE OF EACH SUCH REPORT.
(H) THE DEPARTMENT OF ECONOMIC DEVELOPMENT MAY ADOPT AND PUBLISH
FREQUENTLY ASKED QUESTIONS AND/OR GUIDANCE DOCUMENTS NECESSARY OR APPRO-
PRIATE TO INTERPRET THIS SUBDIVISION AND TO GUIDE AND ENSURE COMPLIANCE
WITH THIS SUBDIVISION. THE DEPARTMENT OF ECONOMIC DEVELOPMENT MAY ESTAB-
LISH AND PROVIDE A METHOD FOR THE ELECTRONIC SUBMISSION AND FILING OF
REPORTS REQUIRED BY THIS SUBDIVISION.
§ 3. Paragraphs (v), (xiv) and (xv) of subdivision 3 of section 58 of
section 1 of chapter 174 of the laws of 1968, constituting the New York
state urban development corporation act, as added by section 1 of part
NNN of chapter 58 of the laws of 2022, are amended and four new para-
graphs (xvi), (xvii), (xviii) and (xix) are added to read as follows:
(v) for any aggregate economic development benefit that provides for
job retention or job creation that a qualified participant is receiving,
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 and part-time jobs, AND IN TERMS OF
CLASSIFICATION, shall each be displayed as separate and searchable
fields;
(xiv) a user-friendly guide to outline the features and functionality
of the database; [and]
(xv) a dedicated email account for the public to direct questions
related to the database[.];
(XVI) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVEL-
OPMENT BENEFITS, THE SIX-DIGIT CODE AND CATEGORY OF BUSINESS RECEIVING
THE INCENTIVE UNDER THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM
ADOPTED BY THE UNITED STATES OFFICE OF MANAGEMENT AND BUDGET AS OF JANU-
ARY FIRST, TWO THOUSAND TWENTY-TWO;
(XVII) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVEL-
OPMENT BENEFITS, THE TOTAL NUMBER OF EMPLOYEES EMPLOYED BY THE QUALIFIED
PARTICIPANT ON THE APPLICABLE CLOSING DATE, AND, SEPARATELY, THE NUMBER
OF SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(XVIII) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC
DEVELOPMENT BENEFITS, THE AGGREGATE NUMBER OF HOURS OF WORK PERFORMED BY
ITS EMPLOYEES DURING THE REPORTING PERIOD AND, SEPARATELY, THE NUMBER OF
HOURS OF WORK PERFORMED BY EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED; AND
(XIX) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVEL-
OPMENT BENEFITS, THE ACTUAL AVERAGE WAGE BY OCCUPATION OR JOB CLASSI-
FICATION AND TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE BENEFITS,
THE TOTAL NUMBER OF EMPLOYEES WHO EARN COMPENSATION AT THE RATE SET
FORTH IN EACH PAY BAND AS OF THE APPLICABLE CLOSING DATE, AND, SEPARATE-
LY, THE NUMBER OF SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED.
A. 10545 4
§ 4. Section 58 of section 1 of chapter 174 of the laws of 1968,
constituting the New York state urban development corporation act, as
added by section 1 of part NNN of chapter 58 of the laws of 2022, is
amended by adding a new subdivision 7 to read as follows:
7. NONE OF THE REPORTING REQUIREMENTS REQUIRED BY THIS SECTION SHALL
APPLY TO THE COVID-19 CAPITAL COSTS TAX CREDIT ESTABLISHED PURSUANT TO
SECTION 47 OF THE TAX LAW.
§ 5. Subdivisions 1 and 2 of section 8 of the public authorities law,
as added by section 1 of subpart A of part SS of chapter 58 of the laws
of 2024, are amended and three new subdivisions 2-a, 4 and 5 are added
to read as follows:
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 [development corporation for
economic development, or job creation purposes including, but not limit-
ed to, grants, loans, and bonds; and
(ii) bonds and tax exemptions which are applied for and preapproved or
certified by or on behalf of an industrial development agency for
economic development.] AUTHORITY, INCLUDING WITHOUT LIMITATION ANY ENTI-
TY 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
CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT.
(b) "Qualified participant" shall mean a [project operator pursuant to
section eight hundred seventy-four of the general municipal law with a
project pursuant to section eight hundred fifty-four of the general
municipal law] PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY
OTHER ENTITY THAT HAS APPLIED FOR AND RECEIVED BENEFITS AS DEFINED IN
PARAGRAPH (A) OF THIS SUBDIVISION.
(B-1) "ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN
THOSE ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO THE LOCAL AUTHORI-
TY, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSU-
ANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION
LAW, BY A STATE ENTITY TO AWARD SUCH BENEFITS TO QUALIFIED RECIPIENTS.
(c) "Full-time equivalent" shall mean a unit of measure, which is
equal to one filled, full-time, annual-salaried position [in a manner
consistent with federal calculations].
(d) "The office" shall mean the authorities budget office.
(e) "The database" or "the searchable database" shall mean the data-
base created pursuant to subdivision two OR TWO-A of this section.
(f) "The project" shall mean specific work, action, endeavor, contract
or agreement for which any economic benefit as defined in paragraph (a)
of this subdivision, is made available or awarded by a local [develop-
ment corporation] AUTHORITY OR INDUSTRIAL DEVELOPMENT AGENCY, INCLUDING
WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION
FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, or indus-
trial development agency to a person, business, limited liability corpo-
ration or any other entity.
(G) "PROJECT HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
A. 10545 5
(H) "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.
(I) "CLOSING DATE" MEANS THE LAST DAY OF A QUALIFIED PARTICIPANT'S
LAST PAY PERIOD BEFORE JUNE THIRTIETH AND DECEMBER THIRTY-FIRST OF EACH
CALENDAR YEAR.
(J) "RESIDE" MEANS, FOR PURPOSES OF DETERMINING WHETHER AN EMPLOYEE
RESIDES IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS LOCATED OR
DOES NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED, THE PAYROLL RECORDS OF THE QUALIFIED PARTICIPANT REFLECTING THE
EMPLOYEE'S HOME ADDRESS AS PROVIDED BY THE EMPLOYEE ARE DETERMINATIVE.
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 SEARCHABLE
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
functionality 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, 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 ability to digitally select defined individual fields corre-
sponding to any of the reported information from qualified participants
to create unique database views;
(d) the ability to download the database in its entirety, or in part,
in a common machine readable format;
(e) a definition or description of terms for fields in the database;
(f) a summary of each separate economic development benefit defined in
paragraph (a) of subdivision one of this section, RESPECTIVELY, awarded
to qualified participants;
(g) a user-friendly guide to outline the features and functionality of
the database;
(h) 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;
(i) the following data on local development corporations shall be
included:
(i) relating to grants, the source of funds for the grant, the name
and address of the entity that received the grant, the date and amount
awarded, how the grant funds will be used, whether the grant proceeds
were expected to result in new jobs being created, and if so, how many
jobs were planned to be created and how many jobs have been created to
date;
(ii) relating to loans, the source of funds for the loan, the name and
address of the entity that received the loan, the date and amount
awarded, the loan interest rate, the length of the loan in years, the
amount repaid to date, how the loan funds will be used, and whether the
loan was provided to the recipient for the purpose of creating jobs, and
if so, how many jobs were planned to be created and how many jobs have
been created to date; and
A. 10545 6
(iii) relating to bonds, the name and address of the recipient of the
bond proceeds, the amount and date of the bond issuance, the bond inter-
est rate, the year the bonds are expected to be fully retired, the
amount of bond principal retired during the reporting period, how the
bond proceeds are used, whether the bond proceeds were provided to the
recipient to create jobs, and if so, how many jobs were planned to be
created and how many jobs have been created to date; and
(j) the following data on industrial development agency projects shall
be included:
(i) [project] A QUALIFIED PARTICIPANT'S name, project type, project
location, and the project's complete address, including the postal code
in a separate and searchable field, AND THE ECONOMIC REGION OF THE
STATE;
(ii) [whether the project is part of another phase or multi phase, the
category of the project purpose, the total project amount, the benefited
project amount, if the project type was a bond, the bond amount, if the
project type was a lease, the lease amount, whether the qualified recip-
ient is a not-for-profit, the date the project was approved, whether the
industrial development agency took title to a property, and if so, the
date that title was taken, and the year financial assistance is planned
to end] THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE
OR HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
(iii) [the qualified participant's name and the qualified partic-
ipant's complete address, including the postal code in a separate and
searchable field] THE TYPE OF SUCH ECONOMIC DEVELOPMENT BENEFITS, AS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, PROVIDED TO
A QUALIFIED 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;
(iv) [the amount of project tax exemptions granted, including for
state sales tax, local sales tax, county real property tax, local prop-
erty tax, school property tax, mortgage recording tax, the total
exemptions, and the total exemptions net of real property tax law
section four hundred eighty-five-b] 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) [the amount of payments in lieu of taxes agreed upon and actually
made to the county, local municipality, or school district, the total
amount of payments in lieu of taxes agreed upon and actually made, and
the net exemptions once the payments in lieu of taxes are subtracted
from the total project tax exemptions; and
(vi) the total number of employees for the project prior to industrial
development agency status, estimate of jobs to be created, average esti-
mated annual salary of jobs to be created, annualized salary range of
jobs to be created, original estimate of jobs to be retained, estimated
average annual salary of jobs to be retained, current number of full-
time equivalents, number of full-time equivalent construction jobs
during the reporting fiscal year, and the net employment change] FOR ANY
A. 10545 7
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 CLASSIFICATION,
AND 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 AVERAGE 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) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVELOP-
MENT BENEFITS, THE SIX-DIGIT CODE AND CATEGORY OF BUSINESS RECEIVING THE
INCENTIVE UNDER THE NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM
ADOPTED BY THE UNITED STATES OFFICE OF MANAGEMENT AND BUDGET AS OF JANU-
ARY FIRST, TWO THOUSAND TWENTY-TWO.
(VII) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVEL-
OPMENT BENEFITS, THE TOTAL NUMBER OF EMPLOYEES EMPLOYED BY THE QUALIFIED
PARTICIPANT ON THE APPLICABLE CLOSING DATE, AND, SEPARATELY, THE NUMBER
OF SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(VIII) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVEL-
OPMENT BENEFITS, THE AGGREGATE NUMBER OF HOURS OF WORK PERFORMED BY ITS
EMPLOYEES DURING THE REPORTING PERIOD AND, SEPARATELY, THE NUMBER OF
HOURS OF WORK PERFORMED BY EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(IX) FOR EACH INDIVIDUAL PROJECT RECEIVING AGGREGATE ECONOMIC DEVELOP-
MENT BENEFITS, THE ACTUAL AVERAGE WAGE BY OCCUPATION OR JOB CLASSIFICA-
TION AND TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE BENEFITS AS OF
THE APPLICABLE CLOSING DATE BY THE NUMBER OF SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(X) 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;
(XI) THE TOTAL PUBLIC-PRIVATE INVESTMENT MADE TO A PROJECT, TOTAL
PUBLIC FUNDING RECEIVED BY A PROJECT, AND PROJECT STATUS;
(XII) 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;
(XIII) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS
CORRESPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTIC-
IPANTS TO CREATE UNIQUE DATABASE VIEWS;
A. 10545 8
(XIV) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN
PART, IN A COMMON MACHINE READABLE FORMAT;
(XV) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
(XVI) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
PARTICIPANTS;
(XVII) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY
OF THE DATABASE; AND
(XVIII) 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.
2-A. (A) EACH QUALIFIED PARTICIPANT WITH MORE THAN TWENTY-FIVE EMPLOY-
EES, ON OR BEFORE FEBRUARY FIRST AND AUGUST FIRST OF EACH CALENDAR YEAR,
SHALL FILE WITH THE AUTHORITIES BUDGET OFFICE THE SEMIANNUAL EMPLOYEE
RESIDENCY REPORT DESCRIBED IN THIS SUBDIVISION. THE AUTHORITIES BUDGET
OFFICE MAY NOT CHARGE OR COLLECT A FILING OR OTHER FEE FOR SUCH REPORT.
(B) THE SEMIANNUAL EMPLOYEE RESIDENCY REPORT DUE FEBRUARY FIRST IS A
REPORT FOR A REPORTING PERIOD FROM JULY FIRST TO THE ENSUING CLOSING
DATE OF THE PRIOR YEAR; THE SEMIANNUAL EMPLOYEE RESIDENCY REPORT DUE
AUGUST FIRST IS A REPORT FOR A REPORTING PERIOD FROM JANUARY FIRST TO
THE ENSUING CLOSING DATE OF THAT SAME YEAR.
(C) THE SEMIANNUAL EMPLOYEE RESIDENCY REPORT SHALL CONTAIN, BUT NOT BE
LIMITED TO:
(I) THE NAME OF THE QUALIFIED PARTICIPANT, BOTH ITS OFFICIAL NAME AND
ANY DOING-BUSINESS-AS NAME; AND THE SIX-DIGIT CODE AND CATEGORY OF BUSI-
NESS RECEIVING THE INCENTIVE UNDER THE NORTH AMERICAN INDUSTRY CLASSI-
FICATION SYSTEM ADOPTED BY THE UNITED STATES OFFICE OF MANAGEMENT AND
BUDGET AS OF JANUARY FIRST, TWO THOUSAND TWENTY-TWO;
(II) THE REPORTING PERIOD OF THE REPORT;
(III) THE ADDRESS OR ADDRESSES OF THE QUALIFIED PARTICIPANT'S PLACE OR
PLACES OF BUSINESS IN THE STATE;
(IV) THE TOTAL NUMBER OF EMPLOYEES EMPLOYED BY THE QUALIFIED PARTIC-
IPANT ON THE APPLICABLE CLOSING DATE, AND, SEPARATELY, THE NUMBER OF
SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(V) THE AGGREGATE NUMBER OF HOURS OF WORK PERFORMED BY ITS EMPLOYEES
DURING THE REPORTING PERIOD AND, SEPARATELY, THE NUMBER OF HOURS OF WORK
PERFORMED BY EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(VI) THE ACTUAL AVERAGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND
TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE BENEFITS AS OF THE APPLI-
CABLE CLOSING DATE BY THE NUMBER OF SUCH EMPLOYEES:
(A) WHO RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT IS
LOCATED; AND
(B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE THE PROJECT
IS LOCATED;
(VII) ANY ADDITIONAL INFORMATION, COMMENTARY OR EXPLANATION THAT THE
QUALIFIED PARTICIPANT MAY CHOOSE TO INCLUDE; AND
(VIII) A CERTIFICATION BY AN AUTHORIZED REPRESENTATIVE OF THE QUALI-
FIED PARTICIPANT WITH KNOWLEDGE OF THE FACTS REPORTED IN THE REPORT
A. 10545 9
STATING THAT THE CONTENTS THEREOF ARE TRUE AND ACKNOWLEDGING THE PENALTY
FOR FALSE CERTIFICATIONS IF THE CONTENTS THEREOF ARE NOT TRUE.
(D) OTHER THAN THE NAME OF THE CERTIFYING REPRESENTATIVE REQUIRED BY
PARAGRAPH (G) OF THIS SUBDIVISION, THE SEMIANNUAL EMPLOYEE RESIDENCY
REPORT SHALL NOT CONTAIN THE NAME OF ANY INDIVIDUAL EMPLOYEE, SUCH
EMPLOYEE'S RESIDENTIAL STREET ADDRESS, OR SUCH EMPLOYEE'S SPECIFIC WAGE,
SALARY, OR COMPENSATION, OR ANY OTHER SIMILAR PERSONAL INFORMATION ABOUT
ANY EMPLOYEE.
(E) EVERY SEMIANNUAL EMPLOYEE RESIDENCY REPORT REQUIRED BY THIS SUBDI-
VISION IS PUBLIC INFORMATION UPON BEING FILED WITH THE DEPARTMENT OF
ECONOMIC DEVELOPMENT AND SHALL BE DISCLOSED ON DEMAND TO ANY PERSON
REQUESTING THE SAME UNDER APPLICABLE PUBLIC RECORD LAWS.
(F) EACH QUALIFIED PARTICIPANT SHALL KEEP AND MAINTAIN RECORDS SUFFI-
CIENT TO ESTABLISH THE ACCURACY OF EACH SEMIANNUAL EMPLOYEE RESIDENCY
REPORT FOR TWENTY-FOUR MONTHS FROM THE DUE DATE OF EACH SUCH REPORT.
(G) THE OFFICE MAY ADOPT AND PUBLISH FREQUENTLY ASKED QUESTIONS AND/OR
GUIDANCE DOCUMENTS NECESSARY OR APPROPRIATE TO INTERPRET THIS SECTION
AND TO GUIDE AND ENSURE COMPLIANCE WITH THIS SUBDIVISION. THE OFFICE MAY
ESTABLISH AND PROVIDE A METHOD FOR THE ELECTRONIC SUBMISSION AND FILING
OF REPORTS REQUIRED BY THIS SUBDIVISION.
4. NONE OF THE REPORTING REQUIREMENTS REQUIRED BY THIS SECTION SHALL
APPLY TO THE COVID-19 CAPITAL COSTS TAX CREDIT ESTABLISHED PURSUANT TO
SECTION FORTY-SEVEN OF THE TAX LAW.
5. THE OFFICE SHALL UTILIZE ITS POWERS AND DUTIES, INCLUDING BUT NOT
LIMITED TO THOSE ENUMERATED IN SECTIONS SIX AND SIX-A OF THIS TITLE, TO
ENSURE TIMELY AND ACCURATE REPORTING OF INFORMATION FOR THE SEMIANNUAL
EMPLOYEE RESIDENCY REPORT AND LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND
ECONOMIC DEVELOPMENT BENEFITS DATABASE.
§ 6. This act shall take effect on the one hundred eightieth day after
it shall have become a law.