S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4930

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 10, 2009
                               ___________

Introduced by M. of A. BRODSKY, NOLAN, BRADLEY, GALEF, JACOBS, DelMONTE,
  ORTIZ,  FIELDS,  HOYT  --  Multi-Sponsored  by  --  M.  of A. DESTITO,
  FARRELL, KOON,  LATIMER,  LIFTON,  LUPARDO,  MILLMAN,  PERRY,  REILLY,
  SCHROEDER,  SEMINERIO,  WEISENBERG  --  read  once and referred to the
  Committee on Corporations, Authorities and Commissions

AN ACT to amend the business corporation law, in  relation  to  enacting
  the  "corporate  disclosure,  responsibility,  and taxpayer protection
  act"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Short  title. This act shall be known and may be cited as
the "corporate disclosure, responsibility, and taxpayer protection act".
  S 2. Legislative findings and  intent.  The  legislature  finds  that,
despite  an  increase  in spending for the purpose of corporate develop-
ment, in both expenditures and other benefits, the real wage  levels  of
the  state's average working families have suffered years of decline and
stagnation, while corporations and other business entities  have  reaped
tremendous benefits at the working families' expense.
  Therefore, in order to ensure that the state's resources are achieving
their desired effect of raising living standards for the state's working
families,  the  legislature  finds  that  it is necessary to collect and
analyze additional information and to enact certain  safeguards  in  its
provision  of  state  assistance. In order to promote corporate account-
ability and responsibility to the citizens of this state,  the  legisla-
ture adopts the following principles:
  Principle  1. Businesses that receive economic assistance on the basis
of promises to create and retain jobs in this  state  shall  deliver  on
those promises.
  Principle 2. Businesses that receive economic assistance and then fail
to  live  up  to  their  promises to create and retain jobs shall refund
their assistance to the taxpayers.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07533-01-9
              

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  Principle 3. Recipients of economic assistance and the granting  agen-
cies  shall  report  on their progress in meeting their job creation and
job retention promises.
  Principle 4. No economic assistance shall be provided for the creation
of jobs that do not pay living wage.
  S  3.  The business corporation law is amended by adding a new article
17 to read as follows:
                               ARTICLE 17
           CORPORATE DISCLOSURE, RESPONSIBILITY, AND TAXPAYER
                             PROTECTION ACT
SECTION 1714. DEFINITIONS.
        1715. DISCLOSURE OF REAL PROPERTY TAX REDUCTIONS AND ABATEMENTS.
        1716. STANDARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE.
        1717. DISCLOSURE OF DEVELOPMENT ASSISTANCE.
        1718. JOB CREATION AND JOB QUALITY STANDARDS.
        1719. RECAPTURE.
S 1714. DEFINITIONS.
  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS SHALL  HAVE  THE
FOLLOWING MEANINGS:
  1.  "CORPORATE PARENT" SHALL MEAN ANY PERSON, LIMITED LIABILITY COMPA-
NY, ORGANIZATION,  BUSINESS,  PARTNERSHIP,  GROUP  OR  CORPORATE  ENTITY
RECOGNIZED  BY  LAW, OR ANY COMBINATION THEREOF, THAT POSSESSES, OWNS OR
CONTROLS AN INTEREST GREATER THAN FIFTY PERCENT OF  A  RECIPIENT  CORPO-
RATION.
  2. "DATE OF ASSISTANCE" SHALL MEAN THE DATE UPON WHICH A GRANTING BODY
TRANSMITS  THE FIRST DOLLAR VALUE OF DEVELOPMENT ASSISTANCE TO A RECIPI-
ENT CORPORATION.
  3. "DEVELOPMENT ASSISTANCE" (A) SHALL MEAN ANY FORM OF PUBLIC  ASSIST-
ANCE,  INCLUDING  TAX  EXPENDITURES, MADE FOR THE PURPOSE OF STIMULATING
ECONOMIC DEVELOPMENT OF A CORPORATION, INDUSTRY, GEOGRAPHIC JURISDICTION
OR ANY OTHER SECTOR OF THE STATE'S ECONOMY, INCLUDING BUT NOT LIMITED TO
INDUSTRIAL DEVELOPMENT BONDS, TRAINING GRANTS, LOANS,  LOAN  GUARANTEES,
ENTERPRISE  ZONES, EMPOWERMENT ZONES, TAX INCREMENT FINANCING, FEE WAIV-
ERS, LAND PRICE SUBSIDIES, INFRASTRUCTURE WHOSE PRINCIPAL BENEFICIARY IS
A SINGLE BUSINESS OR DEFINED GROUP OF BUSINESSES AT THE TIME IT IS BUILT
OR IMPROVED,  MATCHING  FUNDS,  TAX  ABATEMENTS,  TAX  CREDITS  AND  TAX
DISCOUNTS  OF  EVERY  KIND, INCLUDING CORPORATE INCOME, PERSONAL INCOME,
SALES AND COMPENSATING USE, RAW MATERIALS, REAL PROPERTY, JOB  CREATION,
INDUSTRIAL  INVESTMENT, EXCISE, UTILITY, INVENTORY, ACCELERATED DEPRECI-
ATION AND RESEARCH AND DEVELOPMENT TAX CREDITS AND DISCOUNTS.
  (B) SUCH TERM SHALL NOT INCLUDE:
  (I) ASSISTANCE GENERALLY AVAILABLE TO ALL BUSINESSES OR TO  A  GENERAL
CLASS  OF SIMILAR BUSINESSES, SUCH AS A LINE OF BUSINESS, SIZE, LOCATION
OR SIMILAR GENERAL CRITERIA;
  (II) REDEVELOPMENT PROPERTY POLLUTED AS DEFINED IN  THE  ENVIRONMENTAL
CONSERVATION LAW OR PURSUANT TO FEDERAL LAW, RULES OR REGULATIONS;
  (III)  ASSISTANCE  PROVIDED  FOR THE SOLE PURPOSE OF RENOVATING OLD OR
DECAYING BUILDING STOCK OR BRINGING SUCH STOCK INTO COMPLIANCE WITH  THE
RELEVANT BUILDING AND FIRE CODES, AND ASSISTANCE PROVIDED FOR DESIGNATED
HISTORIC  PRESERVATION DISTRICTS, PROVIDED THAT SUCH ASSISTANCE IS EQUAL
TO OR LESS THAN FIFTY PERCENT OF THE TOTAL COST;
  (IV) ASSISTANCE FOR HOUSING;
  (V) ASSISTANCE FOR POLLUTION CONTROL OR ABATEMENT;
  (VI) ASSISTANCE FOR ENERGY CONSERVATION;
  (VII) TAX REDUCTIONS RESULTING FROM CONFORMITY WITH FEDERAL TAX LAW;
  (VIII) WORKERS COMPENSATION AND UNEMPLOYMENT COMPENSATION;

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  (IX) BENEFITS DERIVED FROM REGULATION;
  (X)  ASSISTANCE  FOR  A COLLABORATION BETWEEN AN INSTITUTION OF HIGHER
EDUCATION WITHIN THE STATE AND A BUSINESS;
  (XI) GENERAL CHANGES IN TAX INCREMENT FINANCING LAW AND OTHER  GENERAL
TAX LAW CHANGES OF A PRINCIPALLY TECHNICAL NATURE;
  (XII)  FEDERAL ASSISTANCE UNTIL SUCH ASSISTANCE HAS BEEN REPAID TO AND
REINVESTED BY THE STATE OR A MUNICIPAL AGENCY; AND
  (XIII) FEDERAL LOAN FUNDS PROVIDED THROUGH THE UNITED  STATES  DEPART-
MENT OF COMMERCE, ECONOMIC DEVELOPMENT ADMINISTRATION.
  4.  "FULL-TIME JOB" SHALL MEAN A JOB IN WHICH A NEW EMPLOYEE WORKS FOR
A RECIPIENT CORPORATION AT A RATE OF  AT  LEAST  THIRTY-FIVE  HOURS  PER
WEEK.
  5.  "GRANTING  BODY"  SHALL  MEAN  ANY PUBLIC ENTITY WITHIN THE STATE,
INCLUDING MUNICIPALITIES, REGIONAL DEVELOPMENT ORGANIZATIONS, STATE  AND
LOCAL  PUBLIC CORPORATIONS, AND ANY STATE AGENCY WHICH PROVIDES DEVELOP-
MENT ASSISTANCE.  SUCH TERM SHALL ALSO INCLUDE ANY NOT-FOR-PROFIT ENTITY
CREATED BY A MUNICIPAL AGENCY, OR ANY OTHER ENTITY CREATED BY OR AUTHOR-
IZED BY A MUNICIPALITY WITH AUTHORITY TO PROVIDE DEVELOPMENT ASSISTANCE.
  6. "IN EFFECT" SHALL MEAN AND REFER TO ANY CALENDAR  YEAR  WITHIN  THE
DURATION  OF  DEVELOPMENT  ASSISTANCE,  INCLUDING BUT NOT LIMITED TO THE
DURATION OF ANY LOAN, LOAN  GUARANTEE,  TAX  CREDIT,  TAX  CREDIT  CARRY
FORWARD,  REAL  PROPERTY  TAX  REDUCTION  OR ABATEMENT, OR TAX INCREMENT
FINANCING. FOR ONE-TIME FORMS OF DEVELOPMENT ASSISTANCE SUCH  AS  GRANTS
AND  LAND PRICE SUBSIDIES, SUCH TERM SHALL REFER TO A PERIOD OF NOT LESS
THAN FIVE YEARS FROM THE DATE OF ASSISTANCE.
  7. "PART-TIME JOB" SHALL MEAN A JOB IN WHICH A NEW EMPLOYEE WORKS  FOR
A  RECIPIENT  CORPORATION  AT  A RATE OF LESS THAN THIRTY-FIVE HOURS PER
WEEK.
  8. "PROPERTY TAXING ENTITY" SHALL MEAN EVERY MUNICIPAL CORPORATION, AS
DEFINED IN THE REAL PROPERTY TAX LAW, WHICH LEVIES TAXES OR  ASSESSMENTS
UPON REAL PROPERTY PURSUANT TO THE REAL PROPERTY TAX LAW.
  9. "OFFICE" SHALL MEAN THE OFFICE OF REAL PROPERTY SERVICES.
  10.  "RECIPIENT CORPORATION" SHALL MEAN ANY FOR-PROFIT OR NOT-FOR-PRO-
FIT CORPORATION THAT RECEIVES DEVELOPMENT ASSISTANCE.
  11. "SMALL BUSINESS" SHALL  MEAN  A  CORPORATION  HAVING  A  CORPORATE
PARENT, AND ALL SUBSIDIARIES THEREOF, EMPLOYING FEWER THAN AN AVERAGE OF
TWENTY  FULL-TIME  EQUIVALENT  EMPLOYEES  OR WHICH HAS GROSS RECEIPTS OF
LESS THAN ONE MILLION DOLLARS IN ALL UNITED STATES JURISDICTIONS  DURING
THE CALENDAR YEAR FOR WHICH DISCLOSURE IS REQUIRED.
  12.  "SPECIFIC PROJECT SITE" SHALL MEAN THAT DISTINCT OPERATIONAL UNIT
TO WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
  13. "TEMPORARY JOB" SHALL MEAN A JOB IN WHICH A NEW EMPLOYEE IS  HIRED
FOR A SPECIFIC DURATION OF TIME OR SEASON.
  14.  "INTERNET"  SHALL MEAN THE WORLD WIDE WEB, OR SIMILAR PROPRIETARY
OF COMMON CARRIER ELECTRONIC SYSTEMS.
  15. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF TAXATION AND FINANCE.
  16. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF  THE  DEPARTMENT  OF
TAXATION AND FINANCE.
S 1715. DISCLOSURE OF REAL PROPERTY TAX REDUCTIONS AND ABATEMENTS.
  1. THE OFFICE SHALL ESTABLISH AND DISTRIBUTE A STANDARDIZED DISCLOSURE
FORM  FOR USE BY ALL PROPERTY TAXING ENTITIES.  FORMS SHALL BE PUBLISHED
ON THE DEPARTMENT'S INTERNET HOMEPAGE. SUCH FORM SHALL INCLUDE, BUT  NOT
BE LIMITED TO:
  (A) THE NAME OF THE RECIPIENT CORPORATION;
  (B)  THE  ADDRESS  AND  DESCRIPTION  OF THE REAL PROPERTY OWNED BY THE
RECIPIENT CORPORATION;

A. 4930                             4

  (C) THE DATE UPON WHICH ANY INDIVIDUAL REAL PROPERTY TAX REDUCTION  OR
ABATEMENT FIRST TOOK EFFECT;
  (D)  THE  DATE  UPON  WHICH  ANY  INDIVIDUAL PROPERTY TAX REDUCTION OR
ABATEMENT IS SCHEDULED TO EXPIRE;
  (E) THE  RATE  OR  SCHEDULE  OF  EACH  INDIVIDUAL  REAL  PROPERTY  TAX
REDUCTION  OR  ABATEMENT  FOR THE PERIOD BETWEEN THE DATE IT TOOK EFFECT
AND THE DATE IT IS SCHEDULED TO EXPIRE;
  (F) THE RECIPIENT CORPORATION'S AGGREGATE  FOREGONE  REVENUE  FOR  THE
CALENDAR  YEAR AS A RESULT OF EACH REAL PROPERTY TAX REDUCTION OR ABATE-
MENT;
  (G) A COMPILATION AND SUMMARY OF  THE  RECIPIENT  CORPORATION'S  TOTAL
FOREGONE  REVENUE  AS  A  RESULT  OF ALL REAL PROPERTY TAX REDUCTIONS OR
ABATEMENTS, INCLUDING A SUMMARY OF FOREGONE REVENUE  FOR  EACH  KIND  OF
REDUCTION OR ABATEMENT; AND
  (H) THE RESPECTIVE SHARES OF THE RECIPIENT CORPORATION'S REAL PROPERTY
TAX  REVENUES  IN  THE  REPORTED YEAR WHICH WENT TO EACH PROPERTY TAXING
ENTITY.
  2. ANNUALLY, ON OR BEFORE THE FIRST DAY OF  FEBRUARY,  EVERY  PROPERTY
TAXING  ENTITY SHALL COMPLETE THE FORM ESTABLISHED PURSUANT TO PARAGRAPH
ONE OF THIS SECTION FOR EACH RECIPIENT CORPORATION OWNING REAL  PROPERTY
OR DOING BUSINESS WITHIN THE JURISDICTION OF SUCH ENTITY.
  3.  ANNUALLY,  ON  OR  BEFORE  THE  FIRST DAY OF APRIL, EVERY PROPERTY
TAXING ENTITY SHALL COMPILE AND REPORT TO  THE  OFFICE  ALL  INFORMATION
INCLUDED  IN  THE  FORMS  COMPLETED  PURSUANT  TO  PARAGRAPH TWO OF THIS
SECTION.
  4. THE OFFICE SHALL ANNUALLY, ON OR BEFORE  THE  FIRST  DAY  OF  JUNE,
COMPILE ALL DATA RECEIVED FROM PROPERTY TAXING ENTITIES PURSUANT TO THIS
SECTION  AND PUBLISH, IN BOTH WRITTEN AND ELECTRONIC FORMS, SUCH DATA IN
THE FORM OF A  DISCLOSURE  REGISTRY.  ALL  DATA  SHALL  ADDITIONALLY  BE
PUBLISHED ON THE INTERNET HOMEPAGE OF THE OFFICE.
  5.  UPON  THE FAILURE OF ANY PROPERTY TAXING ENTITY TO COMPLY WITH THE
PROVISIONS OF PARAGRAPH THREE OF THIS SECTION, THE OFFICE SHALL,  WITHIN
TEN  BUSINESS  DAYS  OF THE FIRST DAY OF APRIL, NOTIFY THE DEPARTMENT OF
SUCH FAILURE.   UPON  RECEIPT  OF  SUCH  NOTICE,  THE  DEPARTMENT  SHALL
SUSPEND,  WITHIN  THREE  BUSINESS DAYS, ALL DEVELOPMENT ASSISTANCE UNDER
ITS CONTROL TO SUCH PROPERTY TAXING ENTITY, AND SHALL BE PROHIBITED FROM
PROVIDING ANY DEVELOPMENT ASSISTANCE TO SUCH ENTITY UNTIL THE DEPARTMENT
RECEIVES NOTICE FROM THE OFFICE THAT THE PROPERTY TAXING  ENTITY  IS  IN
COMPLIANCE WITH PARAGRAPH THREE OF THIS SECTION.
  6.  UPON THE FAILURE OF THE OFFICE, THE DEPARTMENT OR ANY STATE AGENCY
TO COMPLY WITH THE PROVISIONS OF PARAGRAPH FOUR OR FIVE OF THIS SECTION,
ANY TAXPAYER, WHO PAID TAXES DURING THE PREVIOUS  CALENDAR  YEAR,  SHALL
HAVE  STANDING  TO BRING A CAUSE OF ACTION TO COMPEL COMPLIANCE WITH THE
PROVISIONS OF THIS SECTION.
  7. ALL INFORMATION DERIVED PURSUANT TO  THIS  SECTION  SHALL  BE  MADE
AVAILABLE  TO  THE PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS
LAW.
  8. PROPERTY TAXING ENTITIES WHO FAIL TO COMPLY WITH THIS SECTION THREE
TIMES WILL BE PROHIBITED FROM RECEIVING ANY FURTHER DEVELOPMENT  ASSIST-
ANCE.
S 1716. STANDARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE.
  1. THE DEPARTMENT SHALL ESTABLISH AND DISTRIBUTE A STANDARDIZED APPLI-
CATION  FORM  FOR  DEVELOPMENT  ASSISTANCE  TO  BE  USED BY ALL GRANTING
BODIES. UPON APPROVAL OF ANY APPLICATION,  THE  RECIPIENT  AND  GRANTING
BODY SHALL BE BOUND BY THE TERMS AND INFORMATION INCLUDED IN SUCH APPLI-

A. 4930                             5

CATION.  SUCH  APPLICATION  FORM SHALL INCLUDE, BUT SHALL NOT BE LIMITED
TO:
  (A)  AN  APPLICATION  TRACKING  NUMBER  WHICH  IS SPECIFIC TO BOTH THE
GRANTING AGENCY AND TO EACH APPLICATION;
  (B) THE NAME, STREET, MAILING ADDRESSES, PHONE NUMBER AND CHIEF  OFFI-
CER OF THE GRANTING BODY;
  (C)  THE NAME, STREET, MAILING ADDRESSES, PHONE NUMBER AND CHIEF OFFI-
CER OF THE CORPORATE PARENT OF THE APPLICANT CORPORATION;
  (D) THE NAME, STREET, MAILING ADDRESSES, PHONE NUMBER, FOUR-DIGIT  SIC
NUMBER  AND  CHIEF  OFFICER OF THE APPLICANT CORPORATION AT THE SPECIFIC
PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS SOUGHT;
  (E) A STATEMENT OF THE PUBLIC PURPOSE FOR THE DEVELOPMENT  ASSISTANCE,
INCLUDING  BUT  NOT  LIMITED  TO, ENHANCING ECONOMIC DIVERSITY, CREATING
HIGH-QUALITY JOB  GROWTH,  JOB  RETENTION,  STABILIZING  THE  COMMUNITY,
INCREASING THE TAX BASE OR OTHER PUBLIC PURPOSE;
  (F) A STATEMENT OF THE APPLICANT'S RECORD OF PERFORMANCE IN CONTRIBUT-
ING  TO  JOB  RETENTION  AND  CREATION, ECONOMIC STABILITY AND COMMUNITY
REVITALIZATION, CHILD CARE, AND ANY CRIMINAL CONVICTIONS, VIOLATIONS  OR
PENDING  INVESTIGATIONS  REGARDING OCCUPATIONAL SAFETY AND HEALTH STAND-
ARDS, EQUAL EMPLOYMENT OPPORTUNITY CREDITS AND ENVIRONMENTAL STANDARDS;
  (G) A STATEMENT OF WHY THE DEVELOPMENT ASSISTANCE IS NEEDED;
  (H) A COMMITMENT TO CONTINUE OPERATIONS IN THE JURISDICTION WHERE  THE
DEVELOPMENT  ASSISTANCE  IS  USED FOR NOT LESS THAN FIVE YEARS AFTER THE
DATE OF ASSISTANCE;
  (I) THE APPLICANT CORPORATION'S  TOTAL  NUMBER  OF  EMPLOYEES  AT  THE
SPECIFIC  PROJECT  SITE  ON  THE DATE OF THE APPLICATION, BROKEN DOWN BY
FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
  (J) THE TOTAL NUMBER OF EMPLOYEES IN THE STATE OF THE APPLICANT CORPO-
RATION'S CORPORATE PARENT, AND ALL SUBSIDIARIES THEREOF, AS OF  DECEMBER
THIRTY-FIRST  OF THE YEAR PRECEDING THE DATE OF APPLICATION, BROKEN DOWN
BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
  (K) THE KIND OR KINDS OF DEVELOPMENT ASSISTANCE AND VALUE OR VALUES OF
ASSISTANCE BEING APPLIED FOR;
  (L) THE NUMBER OF NEW JOBS TO BE CREATED BY  THE  DEVELOPMENT  ASSIST-
ANCE, BROKEN DOWN BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
  (M) A SPECIFIC MINIMUM LEVEL OF WAGES TO BE PAID FOR THE JOBS CREATED.
SUCH  MINIMUM  LEVEL MAY BE STATED AS A SPECIFIC DOLLAR AMOUNT OR MAY BE
STATED AS A FORMULA THAT WILL GENERATE A SPECIFIC DOLLAR AMOUNT;
  (N) THE AVERAGE HOURLY WAGE TO BE PAID WITHIN ONE YEAR OF  THE  HIRING
TO  THE NEW EMPLOYEES, BROKEN DOWN BY NUMBER OF FULL-TIME, PART-TIME AND
TEMPORARY EMPLOYEES, AND BROKEN DOWN BY WAGE LEVELS AS FOLLOWS:
  (I) $6.00 AN HOUR,
  (II) $6.01 TO $7.00 AN HOUR,
  (III) $7.01 TO $8.00 AN HOUR,
  (IV) $8.01 TO $9.00 AN HOUR,
  (V) $9.01 TO $10.00 AN HOUR,
  (VI) $10.01 TO $11.00 AN HOUR,
  (VII) $11.01 TO $12.00 AN HOUR,
  (VIII) $12.01 TO $13.00 AN HOUR,
  (IX) $13.01 TO $14.00 AN HOUR, AND
  (X) $14.01 OR MORE AN HOUR;
  (O) FOR APPLICANT PROJECT SITES LOCATED IN A METROPOLITAN  STATISTICAL
AREA,  AS DEFINED BY THE UNITED STATES CENSUS BUREAU, THE AVERAGE HOURLY
WAGE PAID NON-MANAGERIAL EMPLOYEES IN THE APPLICANT'S  INDUSTRY  IN  THE
STATE,  AS  MOST  RECENTLY PROVIDED BY THE UNITED STATES BUREAU OF LABOR

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STATISTICS TO THE TWO OR THREE-DIGIT SIC NUMBER SPECIFICATION, AS AVAIL-
ABLE;
  (P)  FOR  APPLICANT  PROJECT  SITES  LOCATED  OUTSIDE  OF METROPOLITAN
STATISTICAL AREAS, THE AVERAGE WEEKLY WAGE PAID IN THE COUNTY,  AS  MOST
RECENTLY  REPORTED  BY  THE  UNITED STATES DEPARTMENT OF COMMERCE IN ITS
COUNTY BUSINESS PATTERNS REPORTS;
  (Q) THE NATURE OF EMPLOYER-PAID HEALTH CARE COVERAGE  TO  BE  PROVIDED
WITHIN  NINETY DAYS OF THE HIRING TO THE EMPLOYEES FILLING THE NEW JOBS,
INCLUDING ANY COSTS TO BE BORNE BY THE NEW EMPLOYEES;
  (R) A LIST OF ALL OTHER FORMS OF DEVELOPMENT ASSISTANCE THE  APPLICANT
CORPORATION  IS  SEEKING  FOR THE SPECIFIC PROJECT SITE, AND THE NAME OR
NAMES OF THE GRANTING BODY OR BODIES FROM WHICH SUCH DEVELOPMENT ASSIST-
ANCE IS BEING SOUGHT;
  (S) A NARRATIVE, IF NECESSARY, DESCRIBING HOW THE APPLICANT'S  USE  OF
THE  DEVELOPMENT  ASSISTANCE  MAY  REDUCE  EMPLOYMENT AT ANY SITE IN ANY
UNITED STATES JURISDICTION CONTROLLED BY THE  APPLICANT  CORPORATION  OR
ITS  CORPORATE PARENT, INCLUDING BUT NOT LIMITED TO EVENTS SUCH AS AUTO-
MATION, CONSOLIDATION, MERGER, ACQUISITION, PRODUCT LINE MOVEMENT, BUSI-
NESS ACTIVITY MOVEMENT OR RESTRUCTURING BY EITHER THE  APPLICANT  CORPO-
RATION OR ITS CORPORATE PARENT; AND
  (T) INDIVIDUAL CERTIFICATIONS BY THE CHIEF OFFICERS OF BOTH THE APPLI-
CANT  CORPORATION AND THE GRANTING BODY AS TO THE ACCURACY OF THE APPLI-
CATION, UNDER THE PENALTY OF PERJURY.
  2. ON AND AFTER THE FIRST DAY OF APRIL, TWO THOUSAND TEN, EVERY GRANT-
ING BODY AND APPLICANT CORPORATION SHALL JOINTLY COMPLETE A STANDARDIZED
APPLICATION FORM  EACH  TIME  DEVELOPMENT  ASSISTANCE  IS  APPLIED  FOR.
PROVIDED, THAT PRIOR TO THE AWARDING OF DEVELOPMENT ASSISTANCE IN EXCESS
OF FIVE HUNDRED THOUSAND DOLLARS BY A GRANTING BODY WHICH IS ESTABLISHED
BY THE STATE OR IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS BY A MUNICIPAL
GRANTING  BODY,  SUCH  GRANTING BODY SHALL HOLD A PUBLIC HEARING ON SUCH
APPLICATION AND SHALL PROVIDE PUBLIC NOTICE OF SUCH PUBLIC HEARING.
  (A) PUBLIC NOTICE SHALL BE GIVEN IN A MANNER DESIGNED TO INFORM INTER-
ESTED AND POTENTIALLY INTERESTED PERSONS OF THE LOCATION, CHARACTER  AND
AMOUNT OF THE PROPOSED DEVELOPMENT ASSISTANCE BY THE GRANTING BODY. SUCH
NOTICE SHALL BE GIVEN BY THE GRANTING BODY. THE GRANTING BODY SHALL:
  (I)  PUBLISH  NOTICE  IN  A  NEWSPAPER  OF  GENERAL CIRCULATION IN THE
GEOGRAPHICAL AREA OF THE PROPOSED DEVELOPMENT ASSISTANCE, SUCH NEWSPAPER
TO BE SPECIFIED BY THE DEPARTMENT;
  (II) POST NOTICE IN THE POST OFFICE AND PUBLIC PLACES OF  THE  MUNICI-
PALITY  NEAREST  THE  PREMISES  OF  THE  APPLICANT IN WHICH THE EFFLUENT
SOURCE IS LOCATED;
  (III) POST NOTICE NEAR THE ENTRANCE TO THE  GRANTING  BODY'S  PREMISES
AND IN NEARBY PLACES;
  (IV) MAIL, BY THE DEPARTMENT, TO ANY PERSON OR GROUP UPON REQUEST, AND
THE DEPARTMENT SHALL UPON REQUEST ADD THE NAME OF ANY PERSON OR GROUP TO
A MAILING LIST TO RECEIVE COPIES OF NOTICES FOR ALL ECONOMIC DEVELOPMENT
ISSUES WITHIN THE STATE OR WITHIN A CERTAIN GEOGRAPHICAL AREA; AND
  (V)  POST NOTICE ON THE INTERNET HOMEPAGE OF THE DEPARTMENT AS WELL AS
THE GRANTING BODY.
  (B) ALL COSTS OF PUBLIC NOTICES SHALL BE BORNE BY  THE  GRANTING  BODY
AND  PROOF  THEREOF SHALL BE GIVEN TO THE DEPARTMENT BY THE APPLICANT IN
THE FORM SPECIFIED BY THE DEPARTMENT.
  (C) THE NOTICE SHALL BE IN THE FORM AND CONTAIN THE INFORMATION SPECI-
FIED BY THE DEPARTMENT, AS MORE SPECIFICALLY DENOTED IN SUBPARAGRAPH (D)
OF THIS PARAGRAPH, AND SHALL BE PUBLISHED  AT  THE  TIMES  AND  FOR  THE
NUMBER OF DAYS SPECIFIED BY THE DEPARTMENT.

A. 4930                             7

  (D)  THE  CONTENTS OF PUBLIC NOTICE SHALL INCLUDE AT LEAST THE FOLLOW-
ING:
  (I)  DATE  OF APPLICATION AND END OF PUBLIC COMMENT PERIOD; THE PUBLIC
COMMENT PERIOD SHALL BE SPECIFIED BY THE DEPARTMENT,  BUT  IN  NO  EVENT
SHALL BE LESS THAN THIRTY DAYS FROM THE DATE OF PUBLICATION;
  (II) NAME, ADDRESS AND TELEPHONE NUMBER OF THE RELEVANT OFFICES OF THE
DEPARTMENT  AT  WHICH INTERESTED PERSONS MAY OBTAIN FURTHER INFORMATION,
REQUEST A COPY OF THE APPLICATION AND INSPECT AND COPY  THE  APPLICATION
AND ITS SUPPORTING DOCUMENTS;
  (III) NAME AND ADDRESS OF APPLICANT OR APPLICANTS;
  (IV)  A  BRIEF  DESCRIPTION  OF  THE PROCEDURES FOR PUBLIC COMMENT AND
HEARING REQUEST APPLICABLE PURSUANT TO THIS SECTION.
  (E) WITHIN THE PUBLIC COMMENT PERIOD SPECIFIED IN THE  PUBLIC  NOTICE,
INTERESTED  PERSONS  MAY  SUBMIT THEIR WRITTEN VIEWS WITH RESPECT TO THE
APPLICATION. ALL WRITTEN COMMENTS SUBMITTED DURING  THE  COMMENT  PERIOD
SHALL  BE RETAINED BY THE COMMISSIONER AND CONSIDERED IN THE FORMULATION
OF HIS FINAL DETERMINATION WITH RESPECT TO THE APPLICATION.  THE  PERIOD
FOR WRITTEN COMMENT MAY BE EXTENDED AT THE DISCRETION OF THE COMMISSION-
ER.  A  REQUEST  OR PETITION FOR A PUBLIC HEARING PURSUANT TO THIS PARA-
GRAPH SHALL BE MADE WITHIN THIS PUBLIC COMMENT PERIOD.
  (F) THE FOLLOWING INFORMATION WILL BE  AVAILABLE  TO  THE  PUBLIC  FOR
INSPECTION AND COPYING:
  (I) ANY APPLICATION;
  (II)  ANY PUBLIC COMMENTS AND TESTIMONY CONCERNING AN APPLICATION WITH
REGARD TO THAT APPLICATION; AND
  (III) ANY INFORMATION OBTAINED PURSUANT TO  ANY  MONITORING,  RECORDS,
REPORTING OR INVESTIGATORY ACTIVITIES OF THE DEPARTMENT.
  (G) THE APPLICANT, ANY PERSON OR GROUP OF PERSONS, ANY AFFECTED STATE,
OR  AGENCY  OR  POLITICAL  SUBDIVISION  THEREOF, ANY AFFECTED INTERSTATE
AGENCY, ANY AFFECTED COUNTRY,  OR  PROVINCE,  OR  AGENCY,  OR  POLITICAL
SUBDIVISION THEREOF, MAY PETITION IN WRITING FOR ADDITIONAL PUBLIC HEAR-
INGS WITH RESPECT TO ANY APPLICATION. ANY SUCH REQUEST OR PETITION SHALL
BE  FILED WITHIN THE PERIOD PRESCRIBED IN SUBPARAGRAPH (H) OF THIS PARA-
GRAPH AND SHALL INDICATE THE INTEREST OF THE PERSON FILING SUCH  REQUEST
AND  THE REASONS WHY A HEARING IS WARRANTED.  THE FOLLOWING COSTS OF THE
HEARING ON AN APPLICATION SHALL BE PAID DIRECTLY BY THE GRANTING BODY TO
THE PROVIDER OF SUCH SERVICES, MATERIAL, OR FACILITIES:
  (I) STENOGRAPHIC AND OTHER COSTS OF PRODUCING THE RECORD;
  (II) NEWSPAPER PUBLICATION AND OTHER COSTS OF GIVING NOTICE; AND
  (III) COSTS OF RENTING ANY  NECESSARY  FACILITIES  AND  EQUIPMENT  FOR
HOLDING THE HEARING.
  (H) NOTICE SHALL BE GIVEN AT LEAST THIRTY DAYS IN ADVANCE OF THE HEAR-
ING.    THE  CONTENTS  OF  SUCH PUBLIC NOTICE SHALL INCLUDE AT LEAST THE
FOLLOWING:
  (I) DATE OF ISSUANCE OF NOTICE AND DATE, TIME, LOCATION,  AND  PURPOSE
OF HEARING;
  (II) NAME, ADDRESS AND TELEPHONE NUMBER OF THE RELEVANT OFFICES OF THE
DEPARTMENT  AT  WHICH INTERESTED PERSONS MAY OBTAIN FURTHER INFORMATION,
AND REQUEST A COPY OF THE PERMIT;
  (III) NAME AND ADDRESS OF THE APPLICANT OR APPLICANTS  WHOSE  APPLICA-
TION WILL BE CONSIDERED AT THE HEARING;
  (IV)  A CONCISE STATEMENT OF THE ISSUES RAISED BY THE PERSONS REQUEST-
ING THE HEARING; AND
  (V) A BRIEF DESCRIPTION OF THE NATURE OF THE  HEARING,  INCLUDING  THE
RULES AND PROCEDURES TO BE FOLLOWED.

A. 4930                             8

  (I) AT A PUBLIC HEARING HELD WITH REGARD TO AN APPLICATION, ANY PERSON
SHALL BE AFFORDED THE OPPORTUNITY TO PRESENT ORAL OR WRITTEN STATEMENTS,
ARGUMENTS OR DATA; PROVIDED, HOWEVER, THAT THE DEPARTMENT SHALL HAVE THE
DISCRETION  TO  FIX  REASONABLE  TIME LIMITS ON THE PRESENTATION OF ORAL
STATEMENTS  AND WHEN TIME AND SCHEDULING CONSIDERATIONS NECESSITATE, MAY
REQUIRE THE SUBMISSION OF STATEMENTS IN WRITING. (I) THE  HEARING  SHALL
BE  CONDUCTED  BY  A HEARING OFFICER DESIGNATED BY THE COMMISSIONER. THE
HEARING OFFICER SHALL CAUSE A RECORD OF THE HEARING TO  BE  MADE,  WHICH
SHALL  INCLUDE  ANY  PUBLIC  COMMENTS  OR STATEMENTS RECEIVED, AND SHALL
RENDER A REPORT TO THE COMMISSIONER SETTING FORTH  THE  APPEARANCES  AND
RELEVANT FACTS AND ARGUMENTS PRESENTED AT THE HEARING. THE HEARING OFFI-
CER IS EMPOWERED TO:
  (1)  PROVIDE  FOR THE TAKING OF WRITTEN AND ORAL STATEMENTS, TESTIMONY
UNDER OATH, AND DOCUMENTARY EVIDENCE; AND
  (2) REGULATE THE COURSE OF THE HEARING, FIX THE TIME FOR THE FILING OF
WRITTEN STATEMENTS AND DATA, PROVIDE FOR THE SCHEDULING AND PRESERVATION
OF ORAL STATEMENTS, TESTIMONY UNDER OATH AND DOCUMENTARY  EVIDENCE,  AND
SET THE TIME AND PLACE FOR CONTINUED HEARINGS.
  (II) ANY MATERIALS, INCLUDING RECORDS AND DOCUMENTS, IN THE POSSESSION
OF THE DEPARTMENT OF WHICH IT DESIRES TO AVAIL ITSELF, MAY BE OFFERED BY
THE DEPARTMENT AND MADE PART OF THE RECORD. SUCH MATERIALS MAY BE RELIED
UPON  BY  THE  COMMISSIONER IN MAKING A FINAL DECISION OR OTHER DISPOSI-
TION.
  (III) CROSS-EXAMINATION OF WITNESSES SHALL BE PERMITTED AND THE STRICT
PROCEDURAL RULES OF EVIDENCE MAY BE MODIFIED AT THE  DISCRETION  OF  THE
HEARING  OFFICER.  THE  DETERMINATION  OF  THE  HEARING OFFICER SHALL BE
FOUNDED UPON THE RECORD OF THE HEARING  AND  UPON  COMPETENT,  RELEVANT,
MATERIAL EVIDENCE WHICH IS SUBSTANTIAL IN VIEW OF THE ENTIRE RECORD.
S 1717. DISCLOSURE OF DEVELOPMENT ASSISTANCE.
  1.  ON  OR  BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, EVERY GRANTING
BODY SHALL SUBMIT TO THE DEPARTMENT A COPY OF EVERY DEVELOPMENT  ASSIST-
ANCE  APPLICATION  FORM COMPLETED PURSUANT TO SECTION 1716 (STANDARDIZED
APPLICATIONS FOR DEVELOPMENT ASSISTANCE) DURING  THE  PREVIOUS  CALENDAR
YEAR.  UPON  EACH  SUCH  APPLICATION,  THE GRANTING BODY SHALL DESIGNATE
WHETHER THE DEVELOPMENT ASSISTANCE  IS  PENDING,  WAS  APPROVED  OR  WAS
DENIED,  AND  FOR  THOSE  APPLICATIONS  THAT  WERE APPROVED, THE DATE OF
ASSISTANCE IF THE DATE OF ASSISTANCE OCCURRED IN THE  PREVIOUS  CALENDAR
YEAR.
  2. FOR THOSE APPLICATIONS THAT WERE APPROVED BUT FOR WHICH THE DATE OF
ASSISTANCE  DID  NOT OCCUR IN THE SAME CALENDAR YEAR, EACH GRANTING BODY
SHALL REPORT IN ITS NEXT SUBSEQUENT ANNUAL REPORT TO THE DEPARTMENT  THE
RELEVANT DATES OF ASSISTANCE.
  3.  EACH  RECIPIENT CORPORATION SHALL SUBMIT AN ANNUAL PROGRESS REPORT
TO THE DEVELOPMENT ASSISTANCE GRANTOR. FOR EACH  DEVELOPMENT  ASSISTANCE
APPLICATION  THAT WAS APPROVED, EACH GRANTING AGENCY SHALL SUBMIT TO THE
DEPARTMENT THE  RECIPIENT  CORPORATION'S  PROGRESS  REPORT  WHICH  SHALL
INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING DATA:
  (A) THE APPLICATION TRACKING NUMBER;
  (B)  THE NAME, STREET, MAILING ADDRESS, PHONE NUMBER AND CHIEF OFFICER
OF THE GRANTING BODY;
  (C) THE NAME, STREET, MAILING ADDRESS, PHONE  NUMBER,  FOUR-DIGIT  SIC
NUMBER AND CHIEF OFFICER OF THE CORPORATION AT THE SPECIFIC PROJECT SITE
FOR WHICH THE DEVELOPMENT ASSISTANCE WAS APPROVED;
  (D)  THE  KIND  OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE THAT
WAS APPROVED;

A. 4930                             9

  (E) THE APPLICANT'S TOTAL LEVEL OF EMPLOYMENT AT THE SPECIFIC  PROJECT
SITE  ON  THE DATE OF THE APPLICATION AND THE APPLICANT'S TOTAL LEVEL OF
EMPLOYMENT AT THE SPECIFIC PROJECT SITE  ON  THE  DATE  OF  THE  REPORT,
BROKEN  DOWN  BY  FULL-TIME,  PART-TIME  AND TEMPORARY EMPLOYMENT, AND A
COMPUTATION OF THE GAIN OR LOSS IN EACH CATEGORY;
  (F)  THE  NUMBER  OF  NEW JOBS THE APPLICANT CORPORATION STATED IN ITS
APPLICATION WOULD BE CREATED BY THE DEVELOPMENT ASSISTANCE, BROKEN  DOWN
BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
  (G)  THE  TOTAL  LEVEL  OF  EMPLOYMENT IN THE STATE OF THE APPLICANT'S
CORPORATE PARENT, AND ALL SUBSIDIARIES THEREOF, AS OF  THE  THIRTY-FIRST
DAY  OF  DECEMBER  OF THE YEAR PRECEDING THE DATE OF APPLICATION AND THE
TOTAL LEVEL OF EMPLOYMENT IN THE  STATE  OF  THE  APPLICANT'S  CORPORATE
PARENT,  AND  ALL  SUBSIDIARIES  THEREOF,  AS OF THE THIRTY-FIRST DAY OF
DECEMBER OF EACH YEAR UP THROUGH THE  REPORTING  YEAR,  BROKEN  DOWN  BY
FULL-TIME,  PART-TIME  AND  TEMPORARY EMPLOYMENT, AND A STATEMENT OF THE
GAIN OR LOSS IN EACH CATEGORY FROM THE EARLIEST  REPORTED  YEAR  TO  THE
MOST RECENT;
  (H)  THE  AVERAGE  HOURLY WAGE PAID AS OF DECEMBER THIRTY-FIRST OF THE
REPORTING YEAR TO EMPLOYEES FILLING THE NEW JOBS AT THE SPECIFIC PROJECT
SITE, BROKEN DOWN BY FULL-TIME, PART-TIME AND TEMPORARY EMPLOYMENT;
  (I) THE NATURE OF EMPLOYER-PAID HEALTH CARE  COVERAGE  BEING  PROVIDED
WITHIN  NINETY DAYS OF THE HIRING TO THE EMPLOYEES FILLING THE NEW JOBS,
INCLUDING ANY COSTS BEING BORNE BY THE NEW EMPLOYEES;
  (J) A NARRATIVE, IF NECESSARY, DESCRIBING  HOW  THE  RECIPIENT  CORPO-
RATION'S USE OF THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS
REDUCED  EMPLOYMENT  AT  ANY  SITE  IN  ANY  UNITED  STATES JURISDICTION
CONTROLLED BY THE APPLICANT OR ITS CORPORATE PARENT, INCLUDING  BUT  NOT
LIMITED  TO  EVENTS  SUCH AS AUTOMATION, CONSOLIDATION, MERGER, ACQUISI-
TION, PRODUCT LINE MOVEMENT, BUSINESS ACTIVITY MOVEMENT, OR  RESTRUCTUR-
ING BY EITHER THE APPLICANT OR ITS CORPORATE PARENT; AND
  (K) SIGNED INDIVIDUAL CERTIFICATIONS BY THE CHIEF OFFICERS OF BOTH THE
APPLICANT  CORPORATION  AND  THE GRANTING BODY AS TO THE ACCURACY OF THE
PROGRESS REPORT, UNDER THE PENALTY OF PERJURY.
  4. THE GRANTING BODY AND THE DEPARTMENT SHALL HAVE FULL  INVESTIGATIVE
AUTHORITY  TO VERIFY ALL APPLICANTS' PROGRESS REPORT DATA, INCLUDING BUT
NOT LIMITED TO INSPECTION OF THE SPECIFIC PROJECT SITE AND  ANALYSIS  OF
TAX AND PAYROLL RECORDS.
  5.  ANNUALLY, ON OR BEFORE THE FIRST DAY OF JUNE, THE DEPARTMENT SHALL
COMPILE, SUMMARIZE AND PUBLISH  ALL  DATA  IN  ALL  OF  THE  DEVELOPMENT
ASSISTANCE  PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORMS. FORMS
SHALL BE PUBLISHED ON THE  DEPARTMENT'S  INTERNET  HOMEPAGE.  AMONG  THE
INFORMATION  IN THE COMPILATION AND SUMMARY REPORT, THE DEPARTMENT SHALL
INCLUDE:
  (A) THE TOTAL AMOUNT OF DEVELOPMENT ASSISTANCE AWARDED IN EACH  DEVEL-
OPMENT REGION OF THE STATE;
  (B)  THE DISTRIBUTION OF DEVELOPMENT ASSISTANCE AMOUNTS BY SIZE OF THE
BUSINESS SUBSIDY;
  (C) THE DISTRIBUTION OF DEVELOPMENT ASSISTANCE AMOUNTS BY TIME CATEGO-
RY;
  (D) THE DISTRIBUTION OF DEVELOPMENT ASSISTANCE BY TYPE AND  BY  PUBLIC
PURPOSE;
  (E)  THE  PERCENTAGE  OF  ALL  DEVELOPMENT  ASSISTANCE RECIPIENTS THAT
REACHED THEIR GOALS;
  (F) THE PERCENTAGE OF DEVELOPMENT ASSISTANCE RECIPIENTS THAT  DID  NOT
REACH THEIR GOALS WITHIN TWO YEARS OF THE BENEFIT DATE;

A. 4930                            10

  (G)  THE  TOTAL  DOLLAR AMOUNT OF DEVELOPMENT ASSISTANCE TO RECIPIENTS
THAT DID NOT MEET THEIR GOALS AFTER TWO YEARS OF THE BENEFIT DATE;
  (H)  THE  PERCENTAGE OF DEVELOPMENT ASSISTANCE RECIPIENTS THAT DID NOT
MEET THEIR GOALS AND THAT DID NOT RECEIVE REPAYMENT;
  (I) THE LIST OF RECIPIENTS THAT HAVE FAILED TO MEET  THE  TERMS  OF  A
SUBSIDY  AGREEMENT  IN  THE PAST FIVE YEARS AND HAVE NOT SATISFIED THEIR
REPAYMENT OBLIGATIONS;
  (J) THE NUMBER OF PART-TIME AND FULL-TIME JOBS WITHIN SEPARATE  LEVELS
OF WAGES; AND
  (K) THE BENEFITS PAID WITHIN SEPARATE LEVELS OF WAGES.
  6.  EVERY  ASPECT  OF  DEVELOPMENT  ASSISTANCE  APPLICATIONS, PROGRESS
REPORTS AND THE DEPARTMENT  COMPILATION  OF  APPLICATIONS  AND  PROGRESS
REPORTS  SHALL  BE FULLY SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE
PUBLIC OFFICERS LAW.
  7. IF A GRANTING BODY FAILS TO COMPLY WITH PARAGRAPH ONE, TWO OR THREE
OF THIS SECTION, OR IF A RECIPIENT  CORPORATION  FAILS  TO  COMPLY  WITH
SUBPARAGRAPH  (K)  OF  PARAGRAPH  THREE  OF THIS SECTION, THE DEPARTMENT
SHALL, WITHIN TEN BUSINESS DAYS OF THE FILING DEADLINE PURSUANT TO PARA-
GRAPH ONE OF THIS SECTION, SUSPEND ANY DEVELOPMENT ASSISTANCE ACTIVITIES
UNDER ITS CONTROL IN THE GRANTING  BODY'S  JURISDICTION,  AND  SHALL  BE
PROHIBITED  FROM  PROCEEDING  WITH ANY DEVELOPMENT ASSISTANCE ACTIVITIES
UNDER ITS CONTROL IN THE GRANTING BODY'S JURISDICTION, UNLESS AND  UNTIL
IT  RECEIVES  PROOF THAT THE NEGLIGENT GRANTING BODY OR RECIPIENT CORPO-
RATION HAS COMPLIED WITH SUCH PROVISIONS.
S 1718. JOB CREATION AND JOB QUALITY STANDARDS.
  1. IN CONSIDERING DEVELOPMENT ASSISTANCE APPLICATIONS, EVERY  GRANTING
BODY  SHALL  PERFORM THE FOLLOWING TWO ANALYSES CONCERNING THE PROJECTED
WAGES AND BENEFITS:
  (A) COMPARE THE AGGREGATE PROJECTED WAGE, AS SPECIFIED UNDER  SUBPARA-
GRAPH  (N)  OF  PARAGRAPH ONE OF SECTION 1716 (STANDARDIZED APPLICATIONS
FOR DEVELOPMENT ASSISTANCE),  WITH  EXISTING  WAGES,  AS  SPECIFIED  AND
DEFINED UNDER SUBPARAGRAPHS (O) AND (P) OF SUCH PARAGRAPH. TO DERIVE THE
AGGREGATE  PROJECTED  WAGE, THE GRANTING BODY SHALL COMPUTE THE WEIGHTED
HOURLY  AVERAGE  WAGE  FOR  ALL  NEW  EMPLOYEES,  INCLUDING   FULL-TIME,
PART-TIME  AND  TEMPORARY  EMPLOYEES. IF THE AGGREGATE PROJECTED WAGE IS
LESS THAN EIGHTY-FIVE PERCENT OF EXISTING WAGES, THE  APPLICATION  SHALL
BE  DENIED.    FOR  SMALL BUSINESSES, IF THE AGGREGATE PROJECTED WAGE IS
LESS THAN SEVENTY-FIVE PERCENT OF EXISTING WAGES, THE APPLICATION  SHALL
BE DENIED;
  (B) PERFORM A SECOND WAGE COMPUTATION TO CONSIDER THE VALUE OF HEALTH-
CARE  COVERAGE PROVIDED TO FULL-TIME EMPLOYEES, AS SPECIFIED IN SUBPARA-
GRAPH (Q) OF PARAGRAPH ONE OF SECTION  1716  (STANDARDIZED  APPLICATIONS
FOR  DEVELOPMENT  ASSISTANCE).    IF  THE  APPLICANT  CORPORATION IS NOT
PROVIDING HEALTH CARE COVERAGE TO FULL-TIME EMPLOYEES, THE GRANTING BODY
SHALL SUBTRACT ONE DOLLAR AND FIFTY CENTS AN  HOUR  FROM  THE  AGGREGATE
PROJECTED  WAGE.  IF THE RECIPIENT CORPORATION PROJECTS SOME HEALTH CARE
COSTS TO BE BORNE BY THE NEW  FULL-TIME  EMPLOYEES,  THE  GRANTING  BODY
SHALL, BASED ON DATA FROM THE APPLICANT CORPORATION, ESTIMATE THE HOURLY
COST  TO  THE  NEW  FULL-TIME  EMPLOYEE  OF SUCH COSTS AND SUBTRACT THAT
AMOUNT FROM THE AGGREGATE PROJECTED WAGE.  IF THE AMOUNT RESULTING  FROM
SUCH SUBTRACTION IS LESS THAN EIGHTY PERCENT OF EXISTING WAGES AS SPECI-
FIED  AND  DEFINED  UNDER  SUBPARAGRAPHS (O) AND (P) OF PARAGRAPH ONE OF
SECTION 1716 (STANDARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE), THE
APPLICATION SHALL BE DENIED. FOR SMALL BUSINESSES, IF THE AMOUNT RESULT-
ING FROM SUCH SUBTRACTION IS  LESS  THAN  SEVENTY  PERCENT  OF  EXISTING
WAGES, THE APPLICATION SHALL BE DENIED.

A. 4930                            11

  2.  GRANTING  BODIES  SHALL  PERFORM  A THIRD ELIGIBILITY ANALYSIS. IN
CONSIDERING DEVELOPMENT ASSISTANCE  APPLICATIONS,  ALL  GRANTING  BODIES
SHALL  DIVIDE  THE  VALUE OF ASSISTANCE SPECIFIED IN SUBPARAGRAPH (K) OF
PARAGRAPH ONE OF SECTION 1716 (STANDARDIZED APPLICATIONS FOR DEVELOPMENT
ASSISTANCE),  BY  THE NUMBER OF PROJECTED FULL-TIME JOBS, AS PROVIDED IN
SUBPARAGRAPH (L) OF PARAGRAPH ONE OF SECTION 1716 (STANDARDIZED APPLICA-
TIONS FOR DEVELOPMENT ASSISTANCE).  IF THE RESULTING SUM  EXCEEDS  THIR-
TY-FIVE THOUSAND DOLLARS, THE APPLICATION SHALL BE DENIED.
  3.  THE PROVISIONS OF PARAGRAPH ONE OF THIS SECTION MAY BE WAIVED IN A
BONA FIDE COLLECTIVE BARGAINING AGREEMENT THAT COVERS EMPLOYEES  AT  THE
SPECIFIC  PROJECT  SITE  OF  THE APPLICANT CORPORATION, BUT ONLY IF SUCH
WAIVER IS EXPLICITLY SET FORTH IN SUCH COLLECTIVE  BARGAINING  AGREEMENT
IN  CLEAR  AND UNAMBIGUOUS TERMS. UNILATERAL IMPLEMENTATION OF TERMS AND
CONDITIONS OF EMPLOYMENT BY EITHER  PARTY  TO  A  COLLECTIVE  BARGAINING
AGREEMENT  SHALL  NOT  CONSTITUTE  NOR BE PERMITTED AS A WAIVER OF PARA-
GRAPHS ONE AND TWO OF THIS SECTION.
S 1719. RECAPTURE.
  1. RECIPIENT CORPORATIONS SHALL ACHIEVE THEIR JOB CREATION,  AND  WAGE
AND  BENEFIT  GOALS  WITHIN  TWO  YEARS  OF THE DATE OF ASSISTANCE. SUCH
CORPORATIONS SHALL ALSO MAINTAIN THEIR WAGE AND BENEFIT GOALS AS LONG AS
THE BENEFIT IS IN EFFECT. CORPORATE PARENTS  OF  RECIPIENT  CORPORATIONS
MAINTAIN  AT LEAST NINETY PERCENT OF THEIR ORIGINAL STATE EMPLOYMENT, AS
SPECIFIED IN SUBPARAGRAPH (I) OF PARAGRAPH ONE OF SECTION  1716  (STAND-
ARDIZED APPLICATIONS FOR DEVELOPMENT ASSISTANCE) AND SUBPARAGRAPH (G) OF
PARAGRAPH THREE OF SECTION 1717 (DISCLOSURE OF DEVELOPMENT ASSISTANCE).
  2.  GRANTING  BODIES  SHALL, WITHIN TEN BUSINESS DAYS AFTER THE SECOND
ANNIVERSARY OF THE DATE OF ASSISTANCE, FILL OUT A STANDARDIZED  PROGRESS
REPORT AND THE RECIPIENT CORPORATION SHALL SIGN IT AND CERTIFY ITS ACCU-
RACY  UNDER  THE  PENALTY  OF  PERJURY. THIS SECOND ANNIVERSARY PROGRESS
REPORT SHALL BE FILED BY THE GRANTING BODY  WITH  THE  DEPARTMENT  ALONG
WITH  THE  GRANTING  BODY'S  NEXT  ANNUAL  FILING  OF  PROGRESS REPORTS.
PROGRESS REPORTS SHALL BE PUBLISHED ON THE DEPARTMENT'S  INTERNET  HOME-
PAGE.
  3.  THE  GRANTING  BODY  SHALL  INDICATE  ON  THIS  SECOND ANNIVERSARY
PROGRESS REPORT WHETHER THE RECIPIENT CORPORATION HAS ACHIEVED  ITS  JOB
CREATION  AND  WAGE  AND BENEFIT GOALS, AND WHETHER THE CORPORATE PARENT
HAS MAINTAINED NINETY PERCENT OF ITS STATE EMPLOYMENT.
  4. ON ALL SUBSEQUENT ANNUAL PROGRESS REPORTS, THE GRANTING BODY  SHALL
INDICATE WHETHER OR NOT THE RECIPIENT CORPORATION IS STILL IN COMPLIANCE
WITH  ITS  JOB  CREATION,  AND  WAGE  AND BENEFIT GOALS, AND WHETHER THE
CORPORATE PARENT IS STILL IN COMPLIANCE WITH ITS STATE EMPLOYMENT  MAIN-
TENANCE REQUIREMENT.
  5. IF UPON THE OCCASION ANY PROGRESS REPORT, BEGINNING WITH THE SECOND
ANNIVERSARY  PROGRESS  REPORT,  A  GRANTING  BODY FINDS THAT A RECIPIENT
CORPORATION HAS NOT ACHIEVED ITS JOB CREATION, OR WAGE OR BENEFIT GOALS,
OR THE CORPORATE PARENT HAS NOT MAINTAINED NINETY PERCENT OF  ITS  STATE
EMPLOYMENT,  THE  GRANTING  BODY SHALL, WITHIN TEN BUSINESS DAYS, FILE A
FINDING OF DEVELOPMENT ASSISTANCE DEFAULT WITH THE DEPARTMENT  AND  WITH
THE RECIPIENT CORPORATION.
  6.  IF  A  RECIPIENT  CORPORATION  DEFAULTS ON DEVELOPMENT ASSISTANCE,
PURSUANT TO PARAGRAPH FIVE OF THIS SECTION, IT SHALL  PAY  BACK  TO  THE
GRANTING  BODY  THAT FRACTION OF THE DEVELOPMENT ASSISTANCE THAT ACCRUED
TO ITS BENEFIT FOR THE CALENDAR YEAR IN WHICH THE DEFAULT OCCURRED, PLUS
INTEREST AT A RATE DETERMINED BY THE GRANTING AGENCY. FOR ONE-TIME FORMS
OF DEVELOPMENT ASSISTANCE SUCH AS GRANTS  OR  LAND  PRICE  DISCOUNTS,  A
DEFAULTING  RECIPIENT  CORPORATION  SHALL  PAY BACK TO THE GRANTING BODY

A. 4930                            12

ONE-FIFTH OF THE VALUE OF ASSISTANCE. REMITTANCE OF  THE  PAYBACK  BY  A
RECIPIENT  CORPORATION  TO A GRANTING BODY SHALL TAKE PLACE WITHIN SIXTY
CALENDAR DAYS OF THE DELIVERY OF THE DEFAULT  NOTICE  TO  THE  RECIPIENT
CORPORATION.
  7.  IF  A  RECIPIENT  CORPORATION  DEFAULTS ON DEVELOPMENT ASSISTANCE,
PURSUANT TO PARAGRAPH FIVE OF THIS SECTION, IN THREE CONSECUTIVE  CALEN-
DAR  YEARS,  THE  GRANTING BODY SHALL DECLARE THE DEVELOPMENT ASSISTANCE
NULL AND VOID, AND SHALL SO NOTIFY  THE  DEPARTMENT  AND  THE  RECIPIENT
CORPORATION.  UPON SUCH DECLARATION, THE RECIPIENT CORPORATION SHALL PAY
BACK TO THE GRANTING BODY ALL REMAINING VALUE OF THE DEVELOPMENT ASSIST-
ANCE IT HAS NOT ALREADY PAID BACK.  REMITTANCE  OF  THE  NULL  AND  VOID
PAYBACK  BY  A RECIPIENT CORPORATION TO A GRANTING BODY SHALL TAKE PLACE
WITHIN ONE HUNDRED EIGHTY CALENDAR DAYS OF THE DELIVERY OF  SUCH  NOTICE
TO  THE  RECIPIENT  CORPORATION.   A RECIPIENT CORPORATION THAT FAILS TO
MEET THE TERMS OF A DEVELOPMENT ASSISTANCE AGREEMENT SHALL  NOT  RECEIVE
DEVELOPMENT ASSISTANCE FROM ANY GRANTING BODY FOR A PERIOD OF FIVE YEARS
FROM  THE  DATE  OF FAILURE OR UNTIL THE RECIPIENT CORPORATION SATISFIES
ITS REPAYMENT OBLIGATION PURSUANT TO THIS  PARAGRAPH,  WHICHEVER  OCCURS
FIRST.
  8.  A  GRANTING  BODY  SHALL REQUIRE AS A CONDITION OF ANY DEVELOPMENT
ASSISTANCE TO A RECIPIENT CORPORATION THAT:
  (A) SUCH RECIPIENT CORPORATION SHALL NOT RELOCATE  OUTSIDE  THE  STATE
DURING  THE  TERM  OF SUCH DEVELOPMENT ASSISTANCE OR FOR A PERIOD OF TEN
YEARS AFTER THE AWARD OF SUCH ASSISTANCE, WHICHEVER IS LATER, UNLESS THE
FULL AMOUNT OF SUCH ASSISTANCE IS REPAID TO  THE  GRANTING  BODY  AND  A
PENALTY  EQUAL  TO FIVE PERCENT OF THE TOTAL ASSISTANCE RECEIVED IS PAID
TO THE GRANTING BODY; AND
  (B) IF THE RECIPIENT CORPORATION RELOCATES WITHIN THE STATE DURING THE
TERM OF SUCH DEVELOPMENT ASSISTANCE IN THE CASE OF A LOAN OR LOAN  GUAR-
ANTEE  OR WITHIN TWO YEARS OF RECEIVING AN AWARD, GRANT OR OTHER ASSIST-
ANCE, SUCH CORPORATION SHALL OFFER EMPLOYMENT AT THE NEW LOCATION TO ITS
EMPLOYEES FROM THE ORIGINAL LOCATION IF SUCH EMPLOYMENT IS AVAILABLE.
  9. UPON A FINDING THAT A RECIPIENT CORPORATION HAS  RELOCATED  OUTSIDE
OF  THE STATE WITHIN TWO YEARS OF RECEIVING DEVELOPMENT ASSISTANCE, SUCH
CORPORATION SHALL BE DEEMED INELIGIBLE TO RECEIVE ANY ADDITIONAL  DEVEL-
OPMENT ASSISTANCE.
  10.  A  WAIVER  OF  THE  PROVISIONS OF PARAGRAPH EIGHT OR NINE OF THIS
SECTION MAY BE GRANTED TO A RECIPIENT CORPORATION UPON  A  DETERMINATION
OF  LEGITIMATE  HARDSHIP.   A LEGITIMATE HARDSHIP PURSUANT TO THIS PARA-
GRAPH SHALL BE A CIRCUMSTANCE UNDER WHICH  A  RECIPIENT  CORPORATION  IS
COMPELLED  TO RELOCATE DUE TO UNFORESEEN CIRCUMSTANCES BEYOND THE DIRECT
OR INDIRECT CONTROL OF SUCH RECIPIENT CORPORATION.
  11. EVERY ASPECT OF ALL DEVELOPMENT ASSISTANCE DEFAULT NOTICES, RECAP-
TURE REMITTANCES,  ASSOCIATED  CORRESPONDENCE  AND  RELATED  PROCEEDINGS
SHALL  BE  FULLY  SUBJECT TO THE PROVISIONS OF ARTICLE SIX OF THE PUBLIC
OFFICERS LAW.
  12. IF A GRANTING BODY FAILS TO ENFORCE THE PROVISIONS OF  THIS  ARTI-
CLE,  ANY TAXPAYER WHO PAID TAXES IN THE CALENDAR YEAR PRIOR TO THE YEAR
IN DISPUTE, OR ANY ORGANIZATION REPRESENTING SUCH  TAXPAYERS,  SHALL  BE
ENTITLED  TO BRING A CAUSE OF ACTION TO COMPEL ENFORCEMENT OF THIS ARTI-
CLE.   THE COURT SHALL AWARD  TO  ANY  PREVAILING  PLAINTIFF  REASONABLE
ATTORNEY'S FEES AND ACTUAL INCURRED COSTS IN PURSUING SUCH ACTION.
  S  4.  If  any  item,  clause,  sentence,  subparagraph,  subdivision,
section, or any other part of this act, or the  application  thereof  to
any  person  or circumstances, is held to be invalid, such holding shall
not affect, impair, or invalidate the remainder  of  this  act,  of  the

A. 4930                            13

application  of  such  section or part of a section held invalid, to any
other person or circumstances, but shall be confined in its operation to
the item, clause, sentence, subparagraph, subdivision, section, or other
part of this act directly involved in such holding, or to the person and
circumstances therein involved.
  S  5. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.