S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2334
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 22, 2019
                                ___________
 
 Introduced  by  M. of A. SCHIMMINGER, THIELE, ABINANTI, STIRPE, LUPARDO,
   BRONSON, MAGNARELLI, JAFFEE, ORTIZ, FAHY,  BUCHWALD,  COLTON,  ABBATE,
   CUSICK,  TAYLOR, HUNTER, D'URSO, NORRIS -- Multi-Sponsored by -- M. of
   A. CAHILL, CRESPO, ENGLEBRIGHT, SIMON -- read once and referred to the
   Committee on Economic Development

 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 53 to read as follows:
   §  53.  REPORTING.  (1) DEFINITIONS. FOR THE PURPOSES OF THIS SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN AND INCLUDE THE FOLLOW-
 ING:
   (I) AVAILABLE STATE RESOURCES AND/OR FUNDS INCLUDING, BUT NOT  LIMITED
 TO,  STATE  GRANTS,  LOANS,  LOAN  GUARANTEES,  LOAN INTEREST SUBSIDIES,
 AND/OR SUBSIDIES; AND/OR
   (II) TAX CREDITS, TAX EXEMPTIONS OR REDUCED TAX RATES AND/OR  BENEFITS
 WHICH  ARE  APPLIED  FOR AND PREAPPROVED OR CERTIFIED BY A STATE AGENCY;
 AND
   (A-1) "EMPIRE STATE ECONOMIC DEVELOPMENT BENEFITS"  SHALL  MEAN  THOSE
 ECONOMIC  DEVELOPMENT  BENEFITS  MADE AVAILABLE TO THE URBAN DEVELOPMENT
 CORPORATION AND/OR THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO AWARD  SUCH
 BENEFITS TO QUALIFIED RECIPIENTS, OR THOSE ECONOMIC DEVELOPMENT BENEFITS
 WHICH  ARE  ALLOCATED  TO THE CORPORATION AND/OR SUCH DEPARTMENT BUT ARE
 SUBSEQUENTLY ALLOCATED TO ANOTHER  STATE  AGENCY  OR  OTHER  INDEPENDENT
 ENTITIES FOR THEM TO MAKE SUCH AWARDS TO QUALIFIED RECIPIENTS;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03910-01-9
              

 A. 2334                             2
 
   (A-2) "AGGREGATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE BENE-
 FITS  PROVIDED  FOR  IN PARAGRAPHS (A) AND (A-1) OF THIS SUBDIVISION AND
 DISPLAYED SEPARATELY IN THE DATABASE CREATED PURSUANT TO SUBDIVISION TWO
 OF THIS SECTION;
   (B) "QUALIFIED PARTICIPANT" SHALL MEAN AN INDIVIDUAL, BUSINESS, LIMIT-
 ED  LIABILITY  CORPORATION  OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND
 RECEIVED APPROVAL FOR  AND/OR  IS  THE  BENEFICIARY  OF,  ANY  AGGREGATE
 ECONOMIC  DEVELOPMENT  BENEFITS  OF  TEN  THOUSAND  DOLLARS  OR MORE PER
 PROJECT;
   (C) "NEW YORK STATE AGENCY" SHALL MEAN ANY  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
 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 AGGREGATE ECONOMIC DEVELOPMENT  BENE-
 FITS  DATABASE.  NOTWITHSTANDING  ANY  LAWS  TO THE CONTRARY, THE CORPO-
 RATION, IN COOPERATION WITH  THE  DEPARTMENT  OF  ECONOMIC  DEVELOPMENT,
 SHALL  CREATE A SEARCHABLE DATABASE, OR MODIFY AN EXISTING ONE, DISPLAY-
 ING EMPIRE STATE ECONOMIC DEVELOPMENT BENEFITS THAT A QUALIFIED  PARTIC-
 IPANT  HAS  BEEN  AWARDED. SUCH DATABASE SHALL ALSO DISPLAY OTHER EMPIRE
 STATE ECONOMIC  DEVELOPMENT  BENEFITS  SUCH  QUALIFIED  PARTICIPANT  HAS
 RECEIVED  FROM  ANOTHER  STATE  AGENCY  PROVIDED THAT IT IS FOR THE SAME
 PARTICULAR PROJECT WHICH RECEIVED THE EMPIRE STATE ECONOMIC  DEVELOPMENT
 BENEFITS.  SUCH  SEARCHABLE  DATABASE  SHALL  INCLUDE, AT A MINIMUM, 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  AGGREGATE  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 PROJECT, PROJECT LOCATION,
 PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL OR ZIP CODE IN A  SEPA-
 RATE SEARCHABLE FIELD, AND THE ECONOMIC REGION OF THE STATE;
   (II) THE TIME SPAN OVER WHICH A QUALIFIED PARTICIPANT IS TO RECEIVE OR
 HAS RECEIVED AGGREGATE ECONOMIC DEVELOPMENT BENEFITS;
   (III)  THE  TYPE  OF  SUCH  AGGREGATE  ECONOMIC  DEVELOPMENT  BENEFITS
 PROVIDED TO A QUALIFIED PARTICIPANT, INCLUDING THE NAME OF  THE  PROGRAM
 OR  PROGRAMS  THROUGH  WHICH AGGREGATE ECONOMIC DEVELOPMENT BENEFITS ARE
 PROVIDED;
   (IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL SITES UTILIZING SUCH  AGGRE-
 GATE  ECONOMIC DEVELOPMENT BENEFITS AT THE TIME OF THE AGREEMENT INCLUD-
 ING THE NUMBER OF PERMANENT FULL-TIME  JOBS,  THE  NUMBER  OF  PERMANENT

 A. 2334                             3
 
 PART-TIME  JOBS,  THE NUMBER OF FULL-TIME EQUIVALENTS, AND THE NUMBER OF
 CONTRACT EMPLOYEES;
   (V)  FOR  ANY AGGREGATE ECONOMIC DEVELOPMENT BENEFIT THAT PROVIDES FOR
 JOB RETENTION AND CREATION THAT A QUALIFIED PARTICIPANT RECEIVING AGGRE-
 GATE ECONOMIC DEVELOPMENT BENEFITS IS CONTRACTUALLY OBLIGATED TO  RETAIN
 AND CREATE OVER THE LIFE OF THE PROJECT UTILIZING SUCH AGGREGATE ECONOM-
 IC  DEVELOPMENT BENEFITS, 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  AGGREGATE  ECONOMIC  DEVELOPMENT  BENEFITS
 AGREES  TO  RETAIN OVER THE LIFE OF THE PROJECT UTILIZING SUCH AGGREGATE
 ECONOMIC DEVELOPMENT BENEFITS, ANY JOB CREATION SCHEDULED TO TAKE  PLACE
 AS A RESULT OF THE PROJECT UTILIZING SUCH AGGREGATE ECONOMIC DEVELOPMENT
 BENEFITS  AND WHERE APPLICABLE, ANY JOB CREATION TARGETS FOR THE CURRENT
 REPORTING YEAR;
   (VI) THE AMOUNT OF AGGREGATE ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY
 A QUALIFIED PARTICIPANT DURING THE  YEAR  COVERED  BY  THE  REPORT,  THE
 AMOUNT  OF  AGGREGATE ECONOMIC DEVELOPMENT BENEFITS RECEIVED BY A QUALI-
 FIED PARTICIPANT SINCE THE BEGINNING OF  THE  PROJECT  PERIOD,  AND  THE
 PRESENT  VALUE  OF  THE  FURTHER AGGREGATE ECONOMIC DEVELOPMENT BENEFITS
 COMMITTED TO BY THE STATE, BUT NOT YET RECEIVED BY A  QUALIFIED  PARTIC-
 IPANT FOR THE DURATION OF THE PROJECT;
   (VII)  FOR  THE  CURRENT  REPORTING  YEAR,  THE TOTAL ACTUAL NUMBER OF
 EMPLOYEES AT ALL SITES COVERED BY THE PROJECT UTILIZING  SUCH  AGGREGATE
 ECONOMIC  DEVELOPMENT  BENEFITS, INCLUDING THE NUMBER OF PERMANENT FULL-
 TIME JOBS, THE  NUMBER  OF  PERMANENT  PART-TIME  JOBS,  THE  NUMBER  OF
 CONTRACT JOBS, THE NUMBER OF JOBS FILLED BY MINORITIES OR WOMEN.
   (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  AGGREGATE ECONOMIC DEVELOPMENT
 BENEFITS FROM A 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  AGGREGATE  ECONOMIC  DEVELOPMENT BENEFIT RECEIVED BY THE QUALIFIED
 PARTICIPANT TO THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE  AVAIL-
 ABLE 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 AGGREGATE ECONOMIC DEVELOPMENT BENEFIT AVAILABLE
 TO QUALIFIED 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.

 A. 2334                             4
 
   (4)  DATABASE  REPORTING.  THE  CORPORATION  MAY REQUEST ANY DATA FROM
 QUALIFIED PARTICIPANTS, WHICH IS NECESSARY AND REQUIRED  IN  DEVELOPING,
 UPDATING  AND  MAINTAINING  THE  SEARCHABLE  DATABASE.    SUCH QUALIFIED
 PARTICIPANTS SHALL PROVIDE ANY SUCH INFORMATION REQUESTED BY THE  CORPO-
 RATION.    BEGINNING ON JUNE FIRST, TWO THOUSAND TWENTY, 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-THREE OF THE URBAN  DEVEL-
 OPMENT 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.