S T A T E O F N E W Y O R K
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6613--B
2017-2018 Regular Sessions
I N S E N A T E
June 7, 2017
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Introduced by Sen. CROCI -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules -- ordered to a
third reading, amended and ordered reprinted, retaining its place in
the order of third reading -- recommitted to the Committee on Corpo-
rations, Authorities and Commissions in accordance with Senate Rule 6,
sec. 8 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the New York state urban development corporation act and
the economic development law, in relation to the creation of a search-
able database
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1 of chapter 174 of the laws of 1968, constituting
the New York state urban development corporation act, is amended by
adding a new section 52 to read as follows:
§ 52. REPORTING. (1) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,
THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
(I) THE AVAILABLE STATE RESOURCES INCLUDING, BUT NOT LIMITED TO, STATE
GRANTS, LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND/OR SUBSI-
DIES ALLOCATED THROUGH THE CORPORATION; AND
(II) TAX CREDITS, TAX EXEMPTIONS OR REDUCED TAX RATES AND/OR BENEFITS
WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY A STATE AGENCY;
(B) "QUALIFIED PARTICIPANT" SHALL MEAN AN INDIVIDUAL, BUSINESS, OR ANY
OTHER ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR AND/OR IS
THE BENEFICIARY OF, ANY ECONOMIC DEVELOPMENT BENEFITS OF TEN THOUSAND
DOLLARS OR MORE UNDER ANY INDIVIDUAL ECONOMIC DEVELOPMENT PROGRAM OR
PROJECT OVERSEEN BY THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION OR
ECONOMIC DEVELOPMENT BENEFITS THAT WERE ORIGINALLY ALLOCATED TO THE
CORPORATION OR THAT FLOW THROUGH THE CORPORATION;
(C) "STATE AGENCY" SHALL MEAN ANY NEW YORK STATE DEPARTMENT, BOARD,
BUREAU, DIVISION, COMMISSION, COMMITTEE, PUBLIC AUTHORITY, PUBLIC CORPO-
RATION, COUNCIL, OFFICE OR OTHER STATE GOVERNMENTAL ENTITY PERFORMING A
GOVERNMENTAL OR PROPRIETARY FUNCTION FOR THE STATE, AS WELL AS ENTITIES
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11284-12-8
S. 6613--B 2
CREATED BY ANY OF THE PRECEDING OR THAT ARE GOVERNED BY A BOARD OF
DIRECTORS OR SIMILAR BODY A MAJORITY OF WHICH IS DESIGNATED BY ONE OR
MORE STATE OFFICIALS;
(D) "FULL-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS
EMPLOYED BY A QUALIFIED PARTICIPANT FOR AT LEAST THIRTY-FIVE HOURS A
WEEK;
(E) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE WHICH IS EQUAL
TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION;
(F) "PART-TIME JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS
EMPLOYED BY A QUALIFIED PARTICIPANT FOR LESS THAN THIRTY-FIVE HOURS A
WEEK; AND
(G) "CONTRACT JOB" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
(2) SEARCHABLE STATE SUBSIDY AND ECONOMIC DEVELOPMENT BENEFITS DATA-
BASE. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE CORPORATION, IN
COOPERATION WITH THE DEPARTMENT OF ECONOMIC DEVELOPMENT, SHALL CREATE OR
MODIFY AN EXISTING SEARCHABLE DATABASE, WHICH INCLUDES THE FOLLOWING
FEATURES AND FUNCTIONALITY:
(A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
MATION TO THE CORPORATION AND FOR THE PUBLIC VIEWER TO SHOW A QUALIFIED
PARTICIPANT WHICH IS A RECIPIENT OF AN ECONOMIC DEVELOPMENT BENEFIT AND
VIEW A LIST OF ALL TYPES AND AMOUNTS OF BENEFITS RECEIVED BY A QUALIFIED
PARTICIPANT;
(B) FOR THE PRIOR STATE FISCAL YEAR, THE FOLLOWING INFORMATION:
(I) A QUALIFIED PARTICIPANT'S NAME AND LOCATION;
(II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO OR HAS
RECEIVED ECONOMIC DEVELOPMENT BENEFITS;
(III) THE TYPE OF SUCH ECONOMIC DEVELOPMENT BENEFITS PROVIDED TO A
QUALIFIED PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM OR PROGRAMS
THROUGH WHICH ECONOMIC DEVELOPMENT BENEFITS ARE PROVIDED;
(IV) FOR ANY ECONOMIC DEVELOPMENT BENEFITS PROVIDED FOR JOB RETENTION
AND CREATION, THE TOTAL NUMBER OF EMPLOYEES AT ALL SITES COVERED BY THE
PROJECT UTILIZING SUCH ECONOMIC DEVELOPMENT BENEFITS AT THE TIME OF THE
AGREEMENT INCLUDING THE NUMBER OF PERMANENT FULL-TIME JOBS, THE NUMBER
OF PERMANENT PART-TIME JOBS, THE NUMBER OF FULL-TIME EQUIVALENTS, AND
THE NUMBER OF CONTRACT JOBS;
(V) THE NUMBER OF JOBS THAT A QUALIFIED PARTICIPANT RECEIVING ECONOMIC
DEVELOPMENT BENEFITS IS CONTRACTUALLY OBLIGATED TO RETAIN AND CREATE
OVER THE LIFE OF THE PROJECT UTILIZING SUCH ECONOMIC DEVELOPMENT BENE-
FITS, EXCEPT THAT SUCH INFORMATION SHALL BE REPORTED ON AN ANNUAL BASIS
FOR AGREEMENTS CONTAINING ANNUAL JOB RETENTION OR CREATION REQUIREMENTS,
AND FOR EACH REPORTING YEAR, THE BASE EMPLOYMENT LEVEL THE ENTITY
RECEIVING ECONOMIC DEVELOPMENT BENEFITS AGREES TO RETAIN OVER THE LIFE
OF THE PROJECT UTILIZING SUCH ECONOMIC DEVELOPMENT BENEFITS, ANY JOB
CREATION SCHEDULED TO TAKE PLACE AS A RESULT OF THE PROJECT UTILIZING
SUCH ECONOMIC DEVELOPMENT BENEFITS AND WHERE APPLICABLE, ANY JOB
CREATION TARGETS FOR THE CURRENT REPORTING YEAR;
(VI) THE AMOUNT OF ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A QUALI-
FIED PARTICIPANT DURING THE YEAR COVERED BY THE REPORT, THE AMOUNT OF
ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A QUALIFIED PARTICIPANT SINCE
THE BEGINNING OF THE PROJECT PERIOD, AND THE PRESENT VALUE OF THE
FURTHER ECONOMIC DEVELOPMENT BENEFITS COMMITTED TO BY THE STATE BUT NOT
YET RECEIVED BY A QUALIFIED PARTICIPANT FOR THE DURATION OF THE PROJECT;
(VII) FOR ANY ECONOMIC DEVELOPMENT BENEFITS PROVIDED FOR JOB RETENTION
AND CREATION, THE TOTAL ACTUAL NUMBER OF EMPLOYEES AT ALL SITES COVERED
BY THE PROJECT UTILIZING SUCH ECONOMIC DEVELOPMENT BENEFITS FOR THE
S. 6613--B 3
CURRENT REPORTING YEAR, INCLUDING THE NUMBER OF PERMANENT FULL-TIME
JOBS, THE NUMBER OF PERMANENT PART-TIME JOBS, THE NUMBER OF FULL-TIME
EQUIVALENTS, AND THE NUMBER OF CONTRACT JOBS;
(VIII) A STATEMENT OF COMPLIANCE INDICATING WHETHER, DURING THE
CURRENT REPORTING YEAR, THE CORPORATION AND/OR ANY OTHER STATE AGENCY
HAS REDUCED, CANCELLED OR RECAPTURED ECONOMIC DEVELOPMENT BENEFITS FROM
SUCH QUALIFIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF THE
REDUCTION, CANCELLATION OR RECAPTURE, AND ANY PENALTY ASSESSED AND THE
REASONS THEREFOR;
(C) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
TO CREATE UNIQUE DATABASE VIEWS;
(D) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
IN A COMMON MACHINE READABLE FORMAT;
(E) THE ABILITY TO VIEW AND DOWNLOAD CONTRACTS OR AWARD AGREEMENTS FOR
EACH ECONOMIC DEVELOPMENT BENEFIT RECEIVED BY THE QUALIFIED PARTICIPANT
TO THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE AVAILABLE TO THE
PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW;
(F) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
AND
(G) A SUMMARY OF EACH ECONOMIC DEVELOPMENT BENEFIT AVAILABLE TO QUALI-
FIED PARTICIPANTS.
(3) CERTIFICATION REGARDING REPORTING. THE CORPORATION SHALL CERTIFY
TO THE NEW YORK STATE AUTHORITIES BUDGET OFFICE, THE CORPORATION'S BOARD
OF DIRECTORS AND POST TO ITS WEBSITE THAT IT HAS FULFILLED ALL OF ITS
REPORTING REQUIREMENTS AS REQUIRED BY LAW, RULES, REGULATIONS, OR EXECU-
TIVE ORDERS. THE CORPORATION SHALL PROVIDE A LIST OF ALL REPORTS, THE
DUE DATES OF SUCH REPORTS, AND CERTIFY TO THE NEW YORK STATE AUTHORITIES
BUDGET OFFICE AND THE CORPORATION'S BOARD OF DIRECTORS, THAT EACH REPORT
HAS BEEN SUBMITTED TO THE INDIVIDUAL, OFFICE, OR ENTITY AS PRESCRIBED BY
APPLICABLE LAWS, RULES, AND REGULATIONS.
(4) DATABASE REPORTING. THE CORPORATION MAY REQUEST THE SPECIFIC DATA
FROM QUALIFIED PARTICIPANTS, WHICH IS NECESSARY AND REQUIRED IN DEVELOP-
ING, UPDATING AND MAINTAINING THE SEARCHABLE DATABASE. SUCH QUALIFIED
PARTICIPANTS SHALL PROVIDE ANY SUCH INFORMATION REQUESTED BY THE CORPO-
RATION. BEGINNING ON JUNE FIRST, TWO THOUSAND NINETEEN, THE CORPORATION
SHALL MAKE ALL REPORTED DATA ON SUCH DATABASE AVAILABLE TO THE PUBLIC ON
ITS WEBSITE. SUCH DATABASE SHALL BE UPDATED ON A QUARTERLY BASIS WITH
QUALIFIED PARTICIPANTS ADDED TO ANY PROGRAMS AND ANY NEW DATA PROVIDED
BY EXISTING QUALIFIED PARTICIPANTS REQUIRED REPORTING.
(5) REPORTING. THE CORPORATION'S SENIOR STAFF SHALL REPORT ON A QUAR-
TERLY BASIS, TO THE CORPORATION'S BOARD OF DIRECTORS WITH A STATUS
UPDATE ON THE DEVELOPMENT AND MAINTENANCE OF THE SEARCHABLE DATABASE.
§ 2. Section 100 of the economic development law is amended by adding
a new subdivision 18-j to read as follows:
18-J. TO ASSIST THE URBAN DEVELOPMENT CORPORATION TO ESTABLISH A
SEARCHABLE DATABASE PURSUANT TO SECTION FIFTY-TWO OF THE URBAN DEVELOP-
MENT CORPORATION ACT.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that effective immediately, the
addition, amendment and/or repeal of any rule or regulation necessary
for the implementation of this act on its effective date are authorized
to be made and completed on or before such effective date.
