A. 6031 2
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;
A. 6031 3
(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. 6031 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. 6031 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
A. 6031 6
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 TWELVE, EVERY
GRANTING BODY AND APPLICANT CORPORATION SHALL JOINTLY COMPLETE A STAND-
ARDIZED 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 HEAR-
ING 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)
A. 6031 7
OF THIS PARAGRAPH, AND SHALL BE PUBLISHED AT THE TIMES AND FOR THE
NUMBER OF DAYS SPECIFIED BY THE DEPARTMENT.
(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
A. 6031 8
(V) A BRIEF DESCRIPTION OF THE NATURE OF THE HEARING, INCLUDING THE
RULES AND PROCEDURES TO BE FOLLOWED.
(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;
A. 6031 9
(D) THE KIND OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE THAT
WAS APPROVED;
(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;
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(F) THE PERCENTAGE OF DEVELOPMENT ASSISTANCE RECIPIENTS THAT DID NOT
REACH THEIR GOALS WITHIN TWO YEARS OF THE BENEFIT DATE;
(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-
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ING FROM SUCH SUBTRACTION IS LESS THAN SEVENTY PERCENT OF EXISTING
WAGES, THE APPLICATION SHALL BE DENIED.
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
A. 6031 12
OF DEVELOPMENT ASSISTANCE SUCH AS GRANTS OR LAND PRICE DISCOUNTS, A
DEFAULTING RECIPIENT CORPORATION SHALL PAY BACK TO THE GRANTING BODY
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
A. 6031 13
any person or circumstances, is held to be invalid, such holding shall
not affect, impair, or invalidate the remainder of this act, of the
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.