NY State Senate Bill 2025-S9371

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 05, 2026	referred to corporations, authorities and commissions

2025-S9371 (ACTIVE) - Details

See Assembly Version of this Bill:: A10545
Current Committee:: Senate Corporations, Authorities And Commissions
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Amd §58, UDC Act; amd §8, Pub Auth L

2025-S9371 (ACTIVE) - Summary

Requires a semiannual employee resident report from employers with over twenty-five employees; requires the department of economic development and the authorities budget office to ensure compliance by companies in submitting such information.

2025-S9371 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9371

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend chapter 174 of the laws of 1968, constituting the New
York state urban development  corporation  act  and  the public authori-
ties law, in relation to  establishing a semiannual employee resident
report

 
PURPOSE:

The bill ensures transparency and accountability for state-funded
economic development initiatives and provides standardized reporting on
job creation, investment, and compliance outcomes.

 
SUMMARY OF PROVISIONS:

Sections 1-5 of this bill would modify the "database of deals" that
displays all Empire State and other state agency economic development
benefits awarded to qualified participants to include hiring and other
employment metrics.

It will promulgate additional requirements to report employment data,
including job creation and retention commitments and actuals, separated
by full-time, part-time, and project hires.

Awarding agencies and authorities are required to certify the accuracy
of all submitted data, and ongoing review for quality and accuracy is
mandated.

Section 6 is a 180 after enactment effective date.

 
JUSTIFICATION:

About $11 billion in taxpayer dollars are given out by governmental
entities in New York State to to subsidize businesses through state
programs and via the over one hundred industrial development agencies
(IDAs) across the State. In recent years, the State passed laws to
better track the foregone revenue and reimbursable tax credits received
by companies through these programs.

Both the state and local economic development benefits databases in
existing law measure which companies are receiving benefits, what type
of benefits they are receiving, what jobs have been created or retained
and capital investments made as a result of receiving benefits, job
creation and retention commitments, capital investment commitments,
among other information. Both databases require companies to report
information about employees including full time, part time, and tempo-
rary jobs created or retained by job classification, in addition to the
average actual wage for each job classification and the total payroll.
However, the job information reported does not indicate whether employ-
ees live in the zip code(s)where the project is located or in zip
code(s) outside of the area where the project is located, or the average
pay of the managers and non-managers in and outside of the location
where the project is. This is an important datapoint for governmental
entities and the public to know in assessing the return on investment of
the subsidies provided. The requirement in this bill that such informa-
tion be reported will better illustrate whether the jobs created or
retained by benefits are assisting the communities where the project is
located. The very measurement of such information may also incentivize
companies seeking benefits to do more local hiring since this metric
will be measured and made public.

Camden, New Jersey is one locality that has required this disclosure of
companies operating in its city to determine if they are hiring locally.
The receipt of subsidies from the government only makes the reporting of
this information more essential to determining the value of the awarded
benefits.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

TBD.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S9371 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9371
 
                             I N  S E N A T E
 
                               March 5, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Corporations,  Authorities
   and Commissions
 
 AN  ACT  to  amend chapter 174 of the laws of 1968, constituting the New
   York state urban development   corporation   act    and    the  public
   authorities  law,  in relation to   establishing a semiannual employee
   resident report

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivision 1 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, is amended by adding three new paragraphs (g), (h) and (i)
 to read as follows:
   (G) "CLOSING DATE" MEANS THE LAST DAY  OF  A  QUALIFIED  PARTICIPANT'S
 LAST PAY PERIOD BEFORE JUNE 30 AND DECEMBER 31 OF EACH CALENDAR YEAR.
   (H)  "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.
   (I) "CLASSIFICATION" MEANS WHETHER AN EMPLOYEE IS IN A "MANAGEMENT" OR
 "NON-MANAGEMENT" POSITION AS  DETERMINED  UNDER  29  CFR  541.100,  WITH
 "MANAGEMENT"  TO  HOLD  THE SAME MEANING AS "EMPLOYEE EMPLOYED IN A BONA
 FIDE EXECUTIVE CAPACITY".
   § 2. 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 2-a to read as follows:
   2-A. (A) EACH QUALIFIED PARTICIPANT WITH MORE THAN TWENTY-FIVE EMPLOY-
 EES,  ON  OR  BEFORE FEBRUARY 1 AND AUGUST 1 OF EACH CALENDAR YEAR SHALL
 FILE WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT THE SEMIANNUAL EMPLOYEE
 RESIDENCY REPORT  DESCRIBED  IN  THIS  SUBDIVISION.  THE  DEPARTMENT  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15104-01-6

 S. 9371                             2
 
 ECONOMIC DEVELOPMENT MAY NOT CHARGE OR COLLECT A FILING OR OTHER FEE FOR
 SUCH REPORT.
   (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
 S. 9371                             3
 
 QUALIFIED  PARTICIPANT REQUIRING THE KEEPING AND MAINTAINING OF ACCURATE
 RECORDS.
   (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
 S. 9371                             4
 
   (B) WHO DO NOT RESIDE IN THE ZIP CODE OR ZIP CODES WHERE  THE  PROJECT
 IS LOCATED.
   §  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.
 S. 9371                             5
 
   (G) "PROJECT HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL  IS  HIRED
 FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
   (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
 S. 9371                             6
 
 if  so,  how many jobs were planned to be created and how many jobs have
 been created to date; and
   (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-
 S. 9371                             7

 time  equivalents,  number  of  full-time  equivalent  construction jobs
 during the reporting fiscal year, and the net employment change] FOR ANY
 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;
 S. 9371                             8
 
   (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;
   (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;
 S. 9371                             9
 
   (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 (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.

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Senate Bill S9371

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Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

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2025-S9371 (ACTIVE) - Summary

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Sponsored By

Leroy Comrie

Current Bill Status - In Senate Committee Corporations, Authorities And Commissions Committee

Actions

2025-S9371 (ACTIVE) - Details

2025-S9371 (ACTIVE) - Summary

2025-S9371 (ACTIVE) - Sponsor Memo

2025-S9371 (ACTIVE) - Bill Text download pdf

Comments