Senate Bill S9285

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9285
 
                             I N  S E N A T E
 
                             February 25, 2026
                                ___________
 
 Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Commerce, Economic  Devel-
   opment and Small Business
 
 AN ACT to amend the economic development law, in relation to the newspa-
   per and broadcast media jobs program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 10 of section 492 of the  economic  development
 law,  as  amended  by  section  1 of part J of chapter 59 of the laws of
 2025, is amended and a new subdivision 14 is added to read as follows:
   10. "Net employee increase" means an increase of at  least  one  full-
 time  employee between the average starting full-time employment and the
 average ending full-time employment of an eligible  business  ENTITY  OR
 NONPROFIT ORGANIZATION, as defined by the department.
   14. "ELIGIBLE NONPROFIT NEWS MEDIA ORGANIZATION" MEANS AN ORGANIZATION
 THAT:
   (A)  IS  A  PUBLIC  TELEVISION  OR  RADIO CORPORATION AS DEFINED UNDER
 SECTION TWO HUNDRED THIRTY-SIX OF THE EDUCATION LAW OR IS ORGANIZED  AND
 OPERATED  AS A NONPROFIT ORGANIZATION EXEMPT FROM STATE INCOME TAX UNDER
 SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE; AND
   (B) IS IN GOOD STANDING WITH THE NEW YORK SECRETARY OF STATE  AND  ALL
 RELEVANT STATE AGENCIES; AND
   (C)  MEETS  THE  REQUIREMENTS  OF  AN "ELIGIBLE BUSINESS" AND OPERATES
 WITHIN AN "ELIGIBLE INDUSTRY" AS  DEFINED  IN  THIS  ARTICLE  AND  WOULD
 OTHERWISE BE ELIGIBLE FOR A NEWSPAPER AND BROADCAST MEDIA JOBS TAX CRED-
 IT IF NOT FOR ITS NONPROFIT STATUS.
   §  2. Section 496 of the economic development law, as added by section
 2 of part AAA of chapter 56 of the laws of 2024, is amended to  read  as
 follows:
   §  496.  Powers  and  duties  of the commissioner. 1. The commissioner
 shall promulgate regulations  establishing  [an]  application  [process]
 PROCESSES and eligibility criteria, that will be applied consistent with
 the  purposes of this article, so as not to exceed the annual [cap] CAPS
 on tax credits AND GRANTS set forth in [section] SECTIONS  four  hundred
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14882-01-6
 S. 9285                             2
 
 ninety-five AND FOUR HUNDRED NINETY-NINE of this article which, notwith-
 standing  any  provisions  to  the  contrary in the state administrative
 procedure act, may be adopted on an emergency basis.
   2.  The  commissioner  shall,  in  consultation with the department of
 taxation and finance, develop a certificate of tax credit that shall  be
 issued  by  the  commissioner  to  eligible businesses. Such certificate
 shall contain such information as required by the department of taxation
 and finance. THE COMMISSIONER SHALL ALSO DEVELOP A GRANT  AWARD  CERTIF-
 ICATE  THAT  SHALL  BE ISSUED TO ELIGIBLE NONPROFIT NEWS MEDIA ORGANIZA-
 TIONS. SUCH CERTIFICATE SHALL SPECIFY THE  EXACT  AMOUNT  OF  THE  GRANT
 AWARDED.
   3.  The  commissioner  shall  solely  determine the eligibility of any
 applicant applying for entry into the program and shall remove any busi-
 ness entity OR NONPROFIT ORGANIZATION from the program  for  failing  to
 meet  any  of the requirements set forth in section four hundred ninety-
 three OR FOUR HUNDRED NINETY-EIGHT of this article, or  for  failing  to
 meet  the  requirements  set  forth  in  subdivision one of section four
 hundred ninety-four of this article OR SUBDIVISION ONE OF  SECTION  FIVE
 HUNDRED OF THIS ARTICLE.
   §  3.  The  economic  development  law  is  amended by adding four new
 sections 497, 498, 499 and 500 to read as follows:
   § 497. NONPROFIT NEWS MEDIA JOBS GRANT PROGRAM.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  STATE  TREASURY  A SPECIAL FUND TO BE KNOWN AS THE
 "NONPROFIT NEWS MEDIA JOBS FORMULA GRANT FUND".
   2. SUBJECT TO APPROPRIATION BY THE LEGISLATURE,  MONIES  IN  THE  FUND
 SHALL  BE  USED  SOLELY  FOR  THE PURPOSE OF AWARDING GRANTS TO ELIGIBLE
 NONPROFIT NEWS MEDIA ORGANIZATIONS AS PROVIDED IN  THIS  ARTICLE,  IN  A
 MANNER  EQUIVALENT TO THE APPLICATION OF TAX CREDITS TO COMMERCIAL MEDIA
 ORGANIZATIONS, EXCEPT THAT THE GRANTS SHALL BE APPLIED FOR  THE  EMPLOY-
 MENT  OF  QUALIFYING  JOURNALISTS  AT  THE ELIGIBLE NONPROFIT NEWS MEDIA
 ORGANIZATION.
   3. ANY UNEXPENDED BALANCE REMAINING IN THE FUND  AT  THE  END  OF  ANY
 FISCAL YEAR SHALL NOT REVERT TO THE GENERAL FUND BUT SHALL REMAIN AVAIL-
 ABLE FOR EXPENDITURE IN SUBSEQUENT FISCAL YEARS.
   §  498.  GRANT  ELIGIBILITY CRITERIA. TO BE ELIGIBLE FOR A GRANT UNDER
 THIS ARTICLE, A NONPROFIT ORGANIZATION SHALL:
   1. BE AN ELIGIBLE NONPROFIT NEWS  MEDIA  ORGANIZATION  AS  DEFINED  IN
 SECTION FOUR HUNDRED NINETY-TWO OF THIS ARTICLE;
   2. OPERATE PREDOMINANTLY IN AN ELIGIBLE INDUSTRY AND BE LOCATED WITHIN
 THE STATE OF NEW YORK;
   3.  DEMONSTRATE WITH DATA ON SUBSCRIBERS OR DIGITAL TRAFFIC TO HAVE AN
 AUDIENCE THAT IS AT LEAST THIRTY-THREE PERCENT LOCATED WITHIN THE  STATE
 OF NEW YORK OVER THE PREVIOUS CALENDAR YEAR; AND
   4.  DEMONSTRATE  THAT THE ORGANIZATION HAS BEEN OPERATING FOR AT LEAST
 ONE YEAR PRIOR TO THE YEAR FOR WHICH IT IS APPLYING FOR A GRANT.
   § 499. NONPROFIT NEWS MEDIA JOBS GRANT. 1.  A  NONPROFIT  ORGANIZATION
 THAT  MEETS THE ELIGIBILITY REQUIREMENTS OF SECTION FOUR HUNDRED NINETY-
 EIGHT OF THIS ARTICLE, AND MEETS ANY ADDITIONAL ELIGIBILITY CRITERIA  AS
 ARTICULATED  IN  REGULATIONS  ESTABLISHED  PURSUANT TO THIS SECTION, AND
 DEMONSTRATES A NET  QUALIFYING  JOURNALIST  EMPLOYEE  INCREASE,  MAY  BE
 ELIGIBLE  TO  RECEIVE  A  GRANT  EQUAL TO FIVE THOUSAND DOLLARS PER EACH
 FULL-TIME NET EMPLOYEE INCREASE AS DEFINED IN SECTION FOUR HUNDRED NINE-
 TY-TWO OF THIS ARTICLE. A NONPROFIT  ORGANIZATION  MAY  NOT  RECEIVE  IN
 EXCESS OF TWENTY THOUSAND DOLLARS IN GRANTS UNDER THIS PROGRAM.
   2. A NONPROFIT ORGANIZATION THAT MEETS THE ELIGIBILITY REQUIREMENTS OF
 SECTION  FOUR  HUNDRED NINETY-EIGHT OF THIS ARTICLE, AND MEETS ANY ADDI-
 S. 9285                             3
 
 TIONAL ELIGIBILITY CRITERIA AS ARTICULATED  IN  REGULATIONS  ESTABLISHED
 PURSUANT  TO  THIS  SECTION,  MAY  BE ELIGIBLE TO CLAIM A GRANT EQUAL TO
 FIFTY PERCENT OF ANNUAL WAGES OF AN ELIGIBLE EMPLOYEE.  THE  CALCULATION
 OF SUCH A GRANT SHALL ONLY BE APPLIED TO UP TO FIFTY THOUSAND DOLLARS IN
 WAGES  PAID ANNUALLY PER ELIGIBLE EMPLOYEE. A NONPROFIT ORGANIZATION MAY
 NOT RECEIVE IN EXCESS OF THREE HUNDRED THOUSAND DOLLARS IN GRANTS  UNDER
 THIS PROGRAM.
   3.  THE TOTAL AMOUNT OF GRANTS AWARDED BY THE COMMISSIONER PURSUANT TO
 THIS ARTICLE MAY NOT EXCEED FIFTEEN MILLION DOLLARS FOR  EACH  YEAR  THE
 GRANTS  ARE AVAILABLE, PLUS ANY AMOUNT CARRIED OVER FROM PREVIOUS YEARS.
 WITHIN THE TOTAL AVAILABLE BALANCE OF  THE  NONPROFIT  NEWS  MEDIA  JOBS
 FORMULA  GRANT FUND IN ANY FISCAL YEAR, FIFTY PERCENT OF GRANTS SHALL BE
 SET-ASIDE FOR ELIGIBLE NONPROFIT ORGANIZATIONS WITH ONE HUNDRED OR FEWER
 EMPLOYEES. THE REMAINING FIFTY PERCENT  OF  GRANTS  MAY  BE  AWARDED  TO
 ELIGIBLE NONPROFIT ORGANIZATIONS OF ANY SIZE.
   §  500.  GRANT APPLICATION AND APPROVAL PROCESS. 1. A NONPROFIT ENTITY
 SHALL SUBMIT A COMPLETE APPLICATION AS PRESCRIBED BY THE COMMISSIONER.
   2. THE COMMISSIONER SHALL ESTABLISH PROCEDURES  AND  A  TIMEFRAME  FOR
 NONPROFIT  ORGANIZATIONS TO SUBMIT APPLICATIONS. AS PART OF THE APPLICA-
 TION, EACH ORGANIZATION SHALL:
   (A) PROVIDE EVIDENCE IN A FORM AND MANNER PRESCRIBED  BY  THE  COMMIS-
 SIONER OF THEIR ELIGIBILITY AS A NONPROFIT NEWS MEDIA ORGANIZATION;
   (B) PROVIDE DOCUMENTATION OF TAX-EXEMPT STATUS UNDER SECTION 501(C)(3)
 OF THE INTERNAL REVENUE CODE;
   (C)  AGREE  TO  ALLOW  THE  DEPARTMENT  OF LABOR TO SHARE ITS EMPLOYER
 INFORMATION WITH THE DEPARTMENT. HOWEVER, ANY INFORMATION  SHARED  AS  A
 RESULT  OF  THIS  PROGRAM  SHALL  NOT  BE  AVAILABLE  FOR  DISCLOSURE OR
 INSPECTION UNDER THE STATE FREEDOM OF INFORMATION LAW;
   (D) ALLOW THE DEPARTMENT AND ITS AGENTS ACCESS TO ANY  AND  ALL  BOOKS
 AND RECORDS THE DEPARTMENT MAY REQUIRE TO MONITOR COMPLIANCE; AND
   (E)  AGREE  TO  PROVIDE  ANY  ADDITIONAL  INFORMATION  REQUIRED BY THE
 DEPARTMENT RELEVANT TO THIS ARTICLE.
   3. AFTER REVIEWING A NONPROFIT ORGANIZATION'S COMPLETED FINAL APPLICA-
 TION AND DETERMINING THAT THE NONPROFIT ORGANIZATION MEETS THE ELIGIBIL-
 ITY CRITERIA AS SET FORTH IN THIS ARTICLE AND THAT THE GRANT AWARD WOULD
 NOT CAUSE THE ANNUAL CAP SET FORTH IN SECTION FOUR  HUNDRED  NINETY-NINE
 TO  BE EXCEEDED, THE DEPARTMENT MAY ISSUE TO THAT NONPROFIT ORGANIZATION
 A GRANT AWARD.
   4. GRANT PERFORMANCE AUDITS SHALL BE LIMITED TO VERIFYING  EMPLOYMENT,
 AUDIENCE AND FINANCIAL RECORDS. NO STATE AGENCY OR OFFICIAL SHALL CONDI-
 TION, MODIFY, OR REVOKE GRANTS BASED ON EDITORIAL CONTENT, POSITIONS, OR
 COVERAGE DECISIONS OF RECIPIENT ORGANIZATIONS.
   5.  NO  NONPROFIT  ORGANIZATION  OR BUSINESS ENTITY MAY RECEIVE BOTH A
 GRANT AND TAX CREDITS UNDER THIS ARTICLE WITHIN THE  SAME  ANNUAL  AWARD
 PERIOD.
   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.