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This entry was published on 2022-04-22
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SECTION 58*2
Reporting
Urban Development Corporation Act 174/68 (UDA) CHAPTER INTRO
§ 58. Reporting. 1. Definitions. For the purposes of this section, the
following terms shall have the following meanings:

(a) "Economic development benefits" shall mean:

(i) available state funds including, but not limited to, state 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 a state
agency.

(a-1) "Empire state economic development benefits" shall mean those
economic development benefits made available to the urban development
corporation or the department of economic development to award such
benefits to qualified recipients.

(a-2) "Additional state benefits for empire state development
projects" shall mean those benefits provided by other state agencies for
the same project receiving empire state economic development benefits.

(a-3) "Other state agency economic development benefits" shall mean
those economic development benefits made available to a state agency to
award such benefits to qualified recipients for economic development
projects, provided such information regarding such awards is required to
be submitted to the urban development corporation or the department of
economic development per subdivision 6 of this section.

(a-4) "Aggregate economic development benefits" shall mean those
benefits provided for in paragraphs (a-1), (a-2) and (a-3) of this
subdivision and displayed separately in the database created pursuant to
subdivision 2 of this section.

(b) "Qualified participant" shall mean an individual, business,
limited liability corporation or any other entity that has applied for
and received benefits as defined in paragraphs (a-1) through (a-4) of
this subdivision.

(c) "State agency" shall mean any state department, board, bureau,
division, commission, committee, state authority, public corporation,
council, office or other state governmental entity performing a
governmental or proprietary function for the state, as well as entities
created by any of the preceding or that are governed by a board of
directors or similar body with a majority of members designated by one
or more state officials;

(d) "Full-time equivalent" shall mean a unit of measure which is equal
to one filled, full-time, annual-salaried position.

(e) "Project hires" shall mean a job in which an individual is hired
for a season or for a limited period of time.

(f) "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.

2. Notwithstanding any laws to the contrary, the corporation, in
cooperation with the department of economic development, shall create a
searchable database, or modify an existing one, displaying empire state
economic development benefits that a qualified participant has been
awarded. Such database shall also display additional state agency
benefits that a qualified participant has been awarded in connection
with an empire state development project such qualified participant has
received. Such database shall also display other state agency economic
development benefits that a qualified participant has been awarded, to
the extent that such data has been made available to and is received by
the corporation in the form and manner prescribed by the corporation.

3. Data related to paragraphs (a-2) and (a-3) of subdivision 1 of this
section shall be analyzed for quality and accuracy by the agency or
authority providing such funding to qualified recipients and managing
the contracts related thereto. Upon submission of such other state
agency economic development benefit data to the corporation for
inclusion in the database, all awarding agencies and authorities shall
certify to the corporation that each field of project data accurately
summarizes economic development project investments made by the other
agency or authority. Such searchable database shall include, at a
minimum, the following features and functionality to the extent
practicable:

(a) the ability to search the database by each of the reported
information fields;

(b) the ability to be searchable, downloadable, and updated quarterly,
and posted on a New York state maintained website as well as referenced
on the empire state development website, with a direct link to the
database;

(c) for projects started on or after January 1, 2018, the following
information shall be included:

(i) a qualified participant's name and project, project location, the
project's complete address, including the postal code in a separate and
searchable field, and the economic region of the state;

(ii) the time span over which a qualified participant is to receive or
has received aggregate economic development benefits;

(iii) the type of such aggregate economic development benefits
provided to a qualified participant, including the name of the program
or programs through which aggregate economic development 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 for other state agency benefits, to the extent practicable, and
such requirement shall be applied to contracts initiated six months
after the effective date of this section;

(iv) the total number of employees at all sites utilizing such
aggregate economic development benefits at the time of the agreement,
including the number of full-time equivalents, provided that any project
hires or part-time jobs converted to full-time equivalents shall be
displayed in separate fields and denoted as such, to the extent
practicable, and such requirements shall be applied to contracts
initiated six months after the effective date of this section;

(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, shall each be
displayed as separate and searchable fields;

(vi) the amount of aggregate economic development benefits received by
a qualified participant to date;

(vii) for all projects associated with utilization goals related to
minority and women-owned businesses, per article 15-A of the executive
law, such goals and progress towards such goals shall be included to the
extent practicable, and such requirement shall be applied to contracts
initiated twelve months after the effective date of this section;

(viii) the total public-private investment made to the project, total
state funding received by a project, and project status;

(ix) details related to individual project compliance indicating
whether, during the current reporting quarter, the corporation or other
entity managing the award has reduced, cancelled, or recaptured
aggregate economic development benefits from a qualified participant,
and, if so, the total amount of the reduction, cancellation, 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;

(x) the ability to digitally select defined individual fields
corresponding to any of the reported information from qualified
participants to create unique database views;

(xi) the ability to download the database in its entirety, or in part,
in a common machine readable format;

(xii) a definition or description of terms for fields in the database;

(xiii) a summary of each aggregate economic development benefit
awarded to qualified participants;

(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.

4. Upon request the corporation shall provide, or direct to a source
providing, in an electronically accessible and downloadable form, any
contracts or award agreements for projects included in paragraphs (a-1),
(a-2), or (a-3) of subdivision 1 of this section, to the extent such
contracts or award agreements are available to the public pursuant to
article 6 of the public officers law. Provided however that only
contract documents and award agreements related to projects defined in
paragraph (a-1) of subdivision 1 of this section shall be shared by the
corporation, and all contract documents and award agreements related to
projects defined in paragraphs (a-2) and (a-3) of subdivision 1 of this
section shall be shared, upon request, by the agency or authority
holding and managing such contract;

5. The corporation may request any data from qualified participants
which is necessary and required in developing, updating, and maintaining
the searchable database. Such qualified participants shall provide any
such information requested by the corporation.

6. The corporation shall prescribe the form and manner in which a
state agency or authority awarding other state agency economic
development benefits shall submit information and data regarding other
state agency benefits as required for developing, updating, and
maintaining the database and publish guidelines as needed to facilitate
receipt of such data to comply with the provisions of this section,
including the submission provisions included in subdivision 3 of this
section. The corporation, to the extent practicable, shall note on the
database where a state agency or authority failed to submit the required
data.