LBD01728-01-7
S. 3354 2
(2) GRANTS OR LOANS AWARDED BY ALL STATE GRANTING BODIES AND INDUS-
TRIAL DEVELOPMENT AGENCIES TO BUSINESSES, NOT-FOR-PROFIT ORGANIZATIONS
AND GOVERNMENT ENTITIES FOR ECONOMIC DEVELOPMENT PURPOSES; AND
(3) ALL SUCCESSOR AND SUBSEQUENT DEVELOPMENT ASSISTANCE PROGRAMS AND
TAX EXPENDITURES DESIGNED TO PROMOTE LARGE BUSINESS RELOCATIONS AND
EXPANSIONS.
(E) "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
THE STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY AND THE RECIPI-
ENT SETTING FORTH THE TERMS AND CONDITIONS OF DEVELOPMENT ASSISTANCE TO
BE PROVIDED TO THE RECIPIENT CONSISTENT WITH THE FINAL APPLICATION FOR
DEVELOPMENT ASSISTANCE, INCLUDING BUT NOT LIMITED TO THE DATE OF ASSIST-
ANCE, SUBMITTED TO AND APPROVED BY THE STATE GRANTING BODY OR INDUSTRIAL
DEVELOPMENT AGENCY.
(F) "DIVISION" MEANS, UNLESS OTHERWISE NOTED, THE NEW YORK STATE DIVI-
SION OF THE BUDGET OR ANY SUCCESSOR AGENCY.
(G) "ECONOMIC DEVELOPMENT" MEANS ANY ECONOMIC ACTIVITY TO INCREASE TAX
REVENUE, TAX BASE, OR EMPLOYMENT OR IMPROVE GENERAL ECONOMIC HEALTH,
WHEN THE ACTIVITY INVOLVES:
(1) THE PLANNING, DESIGN, DEVELOPMENT, CONSTRUCTION, REHABILITATION,
BUSINESS RELOCATION, OR ANY COMBINATION OF THESE, WITHIN A COMMUNITY;
AND
(2) THE PROVISION OF OFFICE, INDUSTRIAL, MANUFACTURING, WAREHOUSING,
DISTRIBUTION, PARKING, PUBLIC, OR OTHER FACILITIES, OR OTHER IMPROVE-
MENTS THAT BENEFIT THE STATE OR A COMMUNITY;
BUT DOES NOT RESULT IN THE TRANSFER OF LAND TO PUBLIC OWNERSHIP OR THE
TRANSFER OF PROPERTY TO A PRIVATE ENTITY THAT IS A PUBLIC UTILITY, THE
LEASE OF PROPERTY TO PRIVATE ENTITIES THAT OCCUPY AN INCIDENTAL AREA
WITHIN A PUBLIC PROJECT OR THE REMEDY OF BLIGHT.
(H) "FULL-TIME, PERMANENT JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE
WORKS FOR THE RECIPIENT AT A RATE OF AT LEAST THIRTY-FIVE HOURS PER
WEEK.
(I) "INDUSTRIAL DEVELOPMENT AGENCY" MEANS AN AGENCY AS DEFINED BY
SECTION EIGHT HUNDRED FIFTY-FOUR OF THE GENERAL MUNICIPAL LAW.
(J) "NEW EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE WHO REPRES-
ENTS A NET INCREASE IN THE NUMBER OF THE RECIPIENT'S EMPLOYEES STATE-
WIDE. "NEW EMPLOYEE" INCLUDES AN EMPLOYEE WHO PREVIOUSLY FILLED A NEW
EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
A LAYOFF THAT OCCURS DURING OR FOLLOWING THE BASE YEARS. THE TERM "NEW
EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
(1) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
LY PERFORMED BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB EXISTED IN
THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE; OR
(2) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
LEGALLY SEPARATED FROM THE INDIVIDUAL, OF ANY INDIVIDUAL WHO HAS A
DIRECT OR INDIRECT OWNERSHIP INTEREST OF AT LEAST FIVE PERCENT IN THE
PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
(K) "PART-TIME JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE WORKS FOR
THE RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
(L) "RECIPIENT" MEANS ANY BUSINESS THAT RECEIVES ECONOMIC DEVELOPMENT
ASSISTANCE. A BUSINESS IS ANY CORPORATION, LIMITED LIABILITY COMPANY,
PARTNERSHIP, JOINT VENTURE, ASSOCIATION, SOLE PROPRIETORSHIP, OR OTHER
LEGALLY RECOGNIZED ENTITY.
(M) "RETAINED EMPLOYEE" MEANS ANY EMPLOYEE DEFINED AS HAVING A FULL-
TIME OR FULL-TIME EQUIVALENT JOB PRESERVED AT A SPECIFIC FACILITY OR
SITE, THE CONTINUANCE OF WHICH IS THREATENED BY A SPECIFIC AND DEMON-
S. 3354 3
STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
MENT ASSISTANCE.
(N) "SPECIFIC PROJECT SITE" MEANS THAT DISTINCT OPERATIONAL UNIT TO
WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
(O) "STATE GRANTING BODY" MEANS THE DIVISION AND/OR ANY OTHER STATE
DEPARTMENT, AGENCY, BUREAU, OFFICE, COMMISSION, PUBLIC AUTHORITY, PUBLIC
CORPORATION AND ANY OTHER STATE ENTITY THAT PROVIDES AND/OR ADMINISTERS
DEVELOPMENT ASSISTANCE THAT HAS REPORTING REQUIREMENTS UNDER THIS ARTI-
CLE, AND ANY SUCCESSOR AGENCIES TO ANY OF THE PRECEDING ENTITIES.
(P) "TAX EXPENDITURE" IS AS DEFINED BY SECTION ONE HUNDRED EIGHTY-ONE
OF THE EXECUTIVE LAW.
(Q) "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
A SPECIFIC DURATION OF TIME OR SEASON.
(R) "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
MENT ASSISTANCE.
§ 1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
(A) FOR EACH STATE FISCAL YEAR ENDING ON OR AFTER JUNE THIRTIETH, TWO
THOUSAND TWENTY, THE DIVISION, IN COLLABORATION WITH THE DEPARTMENT OF
TAXATION AND FINANCE, SHALL SUBMIT AN ANNUAL UNIFIED ECONOMIC DEVELOP-
MENT BUDGET TO THE GOVERNOR, SENATE AND ASSEMBLY. THE UNIFIED ECONOMIC
DEVELOPMENT BUDGET SHALL BE DUE WITHIN THREE MONTHS AFTER THE END OF THE
FISCAL YEAR, AND SHALL PRESENT ALL TYPES OF DEVELOPMENT ASSISTANCE
GRANTED DURING THE PRIOR FISCAL YEAR, INCLUDING:
(1) THE AGGREGATE AMOUNT, PREPARED BY THE DEPARTMENT OF TAXATION AND
FINANCE AND PRESENTED AS STATE TOTALS, OF ACTUAL UNCOLLECTED OR DIVERTED
STATE TAX REVENUES RESULTING FROM EACH TYPE OF DEVELOPMENT ASSISTANCE
PROVIDED PURSUANT TO LAW, AS REPORTED IN THE ANNUAL TAX EXPENDITURE
REPORT;
(2) THE AGGREGATE AMOUNT, PREPARED BY THE DIVISION AND PRESENTED AS
STATE TOTALS, OF DEVELOPMENT ASSISTANCE GRANTS AND LOANS AWARDED BY ALL
STATE AND INDUSTRIAL DEVELOPMENT AGENCIES TO BUSINESSES, NOT-FOR-PROFIT
ORGANIZATIONS AND GOVERNMENT ENTITIES; AND A LIST OF THE TOP FIVE RECIP-
IENTS BY DOLLAR VALUE OF EACH TYPE OF DEVELOPMENT ASSISTANCE GRANT OR
LOAN;
(3) THE AGGREGATE AMOUNTS REQUIRED BY SUBPARAGRAPHS ONE AND TWO OF
THIS PARAGRAPH SHALL CORRESPOND TO THE MOST RECENT FISCAL YEAR FOR WHICH
RELIABLE DATA ARE AVAILABLE, AND THE PRECEDING FIVE FISCAL YEARS;
(4) A LIST OF ALL STATE DEVELOPMENT ASSISTANCE WITH A DESCRIPTION AND
AGGREGATE AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES RESULTING
FROM OR AWARDED FOR EACH TYPE OF DEVELOPMENT ASSISTANCE FOR THE MOST
RECENT FISCAL YEAR AND ITS PRECEDING FISCAL YEAR; AND
(5) THE AGGREGATE AMOUNT, PREPARED BY THE DIVISION AND PRESENTED AS
STATE TOTALS, OF JOBS CREATED AND/OR RETAINED WITH THE SUPPORT OF DEVEL-
OPMENT ASSISTANCE.
(B) ALL DATA CONTAINED IN THE UNIFIED ECONOMIC DEVELOPMENT BUDGET
PRESENTED TO THE GOVERNOR, SENATE AND ASSEMBLY SHALL BE FULLY SUBJECT TO
THE FREEDOM OF INFORMATION ACT, NOTWITHSTANDING INSTANCES WHEN THE
DISCLOSURE OF INFORMATION VIOLATES CONFIDENTIALITY AGREEMENTS BETWEEN
THE DEPARTMENT OF TAXATION AND FINANCE AND RECIPIENTS OF STATE DEVELOP-
MENT ASSISTANCE.
(C) THE DEPARTMENT OF TAXATION AND FINANCE SHALL SUBMIT A REPORT OF
THE AMOUNTS IN SUBPARAGRAPH ONE OF PARAGRAPH (A) OF THIS SECTION TO THE
DIVISION, WHICH SHALL APPEND SUCH REPORT TO THE UNIFIED ECONOMIC DEVEL-
OPMENT BUDGET RATHER THAN SEPARATELY REPORTING SUCH AMOUNTS.
§ 1403. STANDARDIZED APPLICATIONS FOR STATE DEVELOPMENT ASSISTANCE.
S. 3354 4
(A) ALL FINAL APPLICATIONS SUBMITTED TO THE DIVISION, INDUSTRIAL
DEVELOPMENT AGENCIES OR ANY OTHER STATE GRANTING BODY REQUESTING DEVEL-
OPMENT ASSISTANCE SHALL CONTAIN, AT A MINIMUM:
(1) AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE STATE
GRANTING AGENCY OR INDUSTRIAL DEVELOPMENT AGENCY AND TO EACH APPLICA-
TION;
(2) THE OFFICE MAILING ADDRESS, OFFICE TELEPHONE NUMBER, AND CHIEF
OFFICER OF THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
(3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
CHIEF OFFICER OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED;
(4) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE STATE GRANTING
BODY OR INDUSTRIAL DEVELOPMENT AGENCY, INCLUDING THE NUMBER OF FULL-
TIME, PERMANENT JOBS, THE NUMBER OF PART-TIME JOBS, AND THE NUMBER OF
TEMPORARY JOBS;
(5) THE TYPE OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE BEING
REQUESTED;
(6) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED AND
RETAINED BY THE APPLICANT AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER OF PART-
TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS;
(7) A DETAILED LIST OF THE OCCUPATION OR JOB CLASSIFICATIONS AND
NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN FULL-TIME,
PERMANENT JOBS, A SCHEDULE OF ANTICIPATED STARTING DATES OF THE NEW
HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB CLASSIFICA-
TION AND TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT
ASSISTANCE;
(8) A LIST OF ALL OTHER FORMS OF DEVELOPMENT ASSISTANCE THAT THE
APPLICANT IS REQUESTING FOR THE SPECIFIC PROJECT SITE AND THE NAME OF
EACH STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY FROM WHICH
THAT DEVELOPMENT ASSISTANCE IS BEING REQUESTED;
(9) A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT ASSIST-
ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK;
(10) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR HIS OR
HER AUTHORIZED DESIGNEE THAT THE INFORMATION CONTAINED IN THE APPLICA-
TION SUBMITTED TO THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY
CONTAINS NO KNOWING MISREPRESENTATION OF MATERIAL FACTS UPON WHICH
ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
(B) EVERY STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY EITHER
SHALL COMPLETE, OR SHALL REQUIRE THE APPLICANT TO COMPLETE, AN APPLICA-
TION FORM THAT MEETS THE MINIMUM REQUIREMENTS AS PRESCRIBED IN THIS
SECTION EACH TIME AN APPLICANT APPLIES FOR DEVELOPMENT ASSISTANCE
COVERED BY THIS ARTICLE.
(C) THE DIVISION SHALL HAVE THE DISCRETION TO MODIFY ANY STANDARDIZED
APPLICATION FOR STATE DEVELOPMENT ASSISTANCE REQUIRED UNDER PARAGRAPH
(A) OF THIS SECTION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO
A RECIPIENT BUSINESS ORGANIZATION.
§ 1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
(A) BEGINNING FEBRUARY FIRST, TWO THOUSAND NINETEEN AND EACH YEAR
THEREAFTER, EVERY STATE GRANTING BODY AND INDUSTRIAL DEVELOPMENT AGENCY
SHALL SUBMIT TO THE DIVISION COPIES OF ALL DEVELOPMENT ASSISTANCE AGREE-
MENTS THAT IT APPROVED IN THE PRIOR CALENDAR YEAR.
(B) FOR EACH DEVELOPMENT ASSISTANCE AGREEMENT FOR WHICH THE DATE OF
ASSISTANCE HAS OCCURRED IN THE PRIOR CALENDAR YEAR, EACH RECIPIENT SHALL
S. 3354 5
SUBMIT TO THE DIVISION A PROGRESS REPORT THAT SHALL INCLUDE, BUT NOT BE
LIMITED TO, THE FOLLOWING:
(1) THE APPLICATION TRACKING NUMBER;
(2) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
CHIEF OFFICER OF THE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
(3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
CHIEF OFFICER OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
PROJECT SITE FOR WHICH THE DEVELOPMENT ASSISTANCE WAS APPROVED BY THE
STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT AGENCY;
(4) THE TYPE OF DEVELOPMENT ASSISTANCE PROGRAM AND VALUE OF ASSISTANCE
THAT WAS APPROVED BY THE STATE GRANTING BODY OR INDUSTRIAL DEVELOPMENT
AGENCY;
(5) THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
SITE ON THE DATE THAT THE APPLICATION WAS SUBMITTED TO THE STATE GRANT-
ING BODY OR INDUSTRIAL DEVELOPMENT AGENCY AND THE APPLICANT'S TOTAL
NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT SITE ON THE DATE OF THE
REPORT, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE NUMBER OF
PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS, AND A COMPUTATION OF
THE GAIN OR LOSS OF JOBS IN EACH CATEGORY;
(6) THE NUMBER OF NEW EMPLOYEES AND RETAINED EMPLOYEES THAT THE APPLI-
CANT STATED IN ITS DEVELOPMENT ASSISTANCE AGREEMENT, IF ANY, AND IF NOT,
THEN IN ITS APPLICATION, WOULD BE CREATED BY THE DEVELOPMENT ASSISTANCE,
BROKEN DOWN BY FULL-TIME, PERMANENT, PART-TIME, AND TEMPORARY;
(7) A SWORN DECLARATION OF WHETHER THE RECIPIENT IS IN COMPLIANCE WITH
THE DEVELOPMENT ASSISTANCE AGREEMENT;
(8) A DETAILED LIST OF THE OCCUPATION OR JOB CLASSIFICATIONS AND
NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN FULL-TIME,
PERMANENT JOBS, A SCHEDULE OF ANTICIPATED STARTING DATES OF THE NEW
HIRES AND THE ACTUAL AVERAGE WAGE BY OCCUPATION OR JOB CLASSIFICATION
AND TOTAL PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT ASSIST-
ANCE;
(9) A NARRATIVE, IF NECESSARY, DESCRIBING HOW THE RECIPIENT'S USE OF
THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS REDUCED EMPLOY-
MENT AT ANY SITE IN NEW YORK; AND
(10) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR HIS OR
HER AUTHORIZED DESIGNEE THAT THE INFORMATION IN THE PROGRESS REPORT
CONTAINS NO KNOWING MISREPRESENTATION OF MATERIAL FACTS UPON WHICH
ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
(C) THE STATE GRANTING BODY, INDUSTRIAL DEVELOPMENT AGENCY OR A
SUCCESSOR AGENCY, SHALL HAVE FULL AUTHORITY TO VERIFY INFORMATION
CONTAINED IN THE RECIPIENT'S PROGRESS REPORT, INCLUDING THE AUTHORITY TO
INSPECT THE SPECIFIC PROJECT SITE AND INSPECT THE RECORDS OF THE RECIPI-
ENT THAT ARE SUBJECT TO THE DEVELOPMENT ASSISTANCE AGREEMENT.
(D) BY JUNE FIRST, TWO THOUSAND TWENTY-ONE AND BY JUNE FIRST OF EACH
YEAR THEREAFTER, THE DIVISION SHALL COMPILE AND PUBLISH ALL DATA IN ALL
OF THE PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORM.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law.