S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2145
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2021
                                ___________
 
 Introduced  by  M. of A. SIMON, McDONOUGH -- Multi-Sponsored by -- M. of
   A.  GOTTFRIED,  GRIFFIN,  GUNTHER,  LALOR,  NIOU,  REYES,   J. RIVERA,
   SEAWRIGHT  -- read once and referred to the Committee on Local Govern-
   ments
 
 AN ACT to amend the  not-for-profit  corporation  law  and  the  general
   municipal law, in relation to reforming local development corporations
   and industrial development agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraphs 2 and 3 of paragraph (d) of section  1411  of
 the  not-for-profit  corporation  law are amended and a new subparagraph
 2-a is added to read as follows:
   (2)  Notwithstanding the provisions of any general, special, or  local
 law,  charter,  or  ordinance  to the contrary, such sale or lease [may]
 SHALL be made [without] WITH AN appraisal,  public  notice,  (except  as
 provided  in  subparagraph  (4)  OF  THIS PARAGRAPH) [or] AND SUBJECT TO
 public bidding for such price or rental [and upon such terms as  may  be
 agreed  upon  between  the  county, city, town or village and said local
 development corporation; provided,  however,  that  in].  IN case  of  a
 lease, the term may not exceed ninety-nine years; and provided, further,
 that, in cities having a population of one million or more, no such sale
 or lease shall be made without the approval of a majority of the members
 of  the  [borough  improvement  board of the borough] COMMUNITY BOARD OR
 BOARDS FOR THE COMMUNITY DISTRICT OR DISTRICTS in which such real  prop-
 erty  is located AND THE RESPECTIVE BOROUGH BOARD, IF SUCH REAL PROPERTY
 IS LOCATED IN TWO OR MORE COMMUNITY DISTRICTS.
   (2-A) (I) THE CORPORATION SHALL PREPARE OR CAUSE TO  BE  PREPARED,  BY
 CONTRACT  OR  OTHERWISE, AN ECONOMIC IMPACT STATEMENT ON ANY ACTION THAT
 IT PROPOSES OR APPROVES WHICH MAY  HAVE  A  SIGNIFICANT  EFFECT  ON  THE
 AFFECTED  LOCAL  ECONOMY  AND LOCAL COMMUNITY. THE CORPORATION SHALL USE
 ALL PRACTICABLE MEANS TO REALIZE THE POLICIES AND  GOALS  SET  FORTH  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01106-02-1

 A. 2145                             2
 
 THIS  SECTION,  AND  SHALL ACT AND CHOOSE ALTERNATIVES WHICH, CONSISTENT
 WITH SOCIAL, ECONOMIC, ENVIRONMENTAL, LABOR, AND OTHER ESSENTIAL CONSID-
 ERATIONS, TO THE MAXIMUM EXTENT PRACTICABLE, MINIMIZE OR  AVOID  ADVERSE
 ECONOMIC  EFFECTS,  INCLUDING  EFFECTS  REVEALED  IN THE ECONOMIC IMPACT
 STATEMENT PROCESS. SUCH A STATEMENT SHALL INCLUDE A  DETAILED  STATEMENT
 SETTING FORTH THE FOLLOWING:
   (A)  A  DESCRIPTION OF THE PROPOSED ACTION AND ITS ECONOMIC AND SOCIAL
 SETTING;
   (B) THE ECONOMIC AND SOCIAL IMPACT OF THE PROPOSED  ACTION,  INCLUDING
 SHORT-TERM AND LONG-TERM EFFECTS, ESPECIALLY TO THE AFFECTED COMMUNITY;
   (C)  ANY  ADVERSE  ECONOMIC EFFECTS WHICH CANNOT BE AVOIDED SHOULD THE
 PROPOSAL BE IMPLEMENTED;
   (D) ALTERNATIVES TO THE PROPOSED ACTION;
   (E)  ANY  IRREVERSIBLE  AND  IRRETRIEVABLE  COMMITMENTS   AND   SOCIAL
 RESOURCES  WHICH  WOULD BE INVOLVED IN THE PROPOSED ACTION, SHOULD IT BE
 IMPLEMENTED;
   (F) MITIGATION MEASURES PROPOSED TO MINIMIZE THE ECONOMIC, SOCIAL,  OR
 OTHER ESSENTIAL IMPACTS; AND
   (G) THE GROWTH-INDUCING ASPECTS OF THE PROPOSED ACTION, WHERE APPLICA-
 BLE  AND  SIGNIFICANT.  SUCH  A STATEMENT SHALL ALSO INCLUDE COPIES OR A
 SUMMARY OF THE SUBSTANTIVE COMMENTS RECEIVED BY THE CORPORATION PURSUANT
 TO CLAUSE (IV) OF THIS SUBPARAGRAPH AND THE  CORPORATION'S  RESPONSE  TO
 SUCH COMMENTS. THE PURPOSE OF AN ECONOMIC IMPACT STATEMENT IS TO PROVIDE
 DETAILED  INFORMATION ABOUT THE EFFECT WHICH A PROPOSED ACTION IS LIKELY
 TO HAVE ON THE ECONOMY, EMPLOYMENT  CONDITIONS,  AND  SOCIAL  CHARACTER-
 ISTICS OF A COMMUNITY, TO LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF SUCH
 AN  ACTION  MIGHT  BE  MINIMIZED, AND TO SUGGEST ALTERNATIVES TO SUCH AN
 ACTION SO AS TO FORM THE BASIS FOR A DECISION AS TO WHETHER  OR  NOT  TO
 UNDERTAKE  OR APPROVE SUCH ACTION. SUCH STATEMENT SHALL BE CLEARLY WRIT-
 TEN IN A CONCISE MANNER CAPABLE OF BEING  READ  AND  UNDERSTOOD  BY  THE
 PUBLIC, SHALL DEAL WITH THE SPECIFIC, SIGNIFICANT ECONOMIC IMPACTS WHICH
 CAN BE REASONABLY ANTICIPATED, AND SHALL NOT CONTAIN MORE DETAIL THAN IS
 APPROPRIATE, CONSIDERING THE NATURE AND MAGNITUDE OF THE PROPOSED ACTION
 AND THE SIGNIFICANCE OF ITS POTENTIAL IMPACTS.
   (II)  THE  CORPORATION  MAY REQUIRE AN APPLICANT TO SUBMIT AN ECONOMIC
 REPORT TO ASSIST THE CORPORATION IN CARRYING OUT  ITS  RESPONSIBILITIES,
 INCLUDING  THE  INITIAL DETERMINATION AND, (WHERE THE APPLICANT DOES NOT
 PREPARE THE ECONOMIC IMPACT STATEMENT), THE PREPARATION OF  AN  ECONOMIC
 IMPACT  STATEMENT  UNDER  THIS SUBPARAGRAPH. THE CORPORATION MAY REQUEST
 SUCH OTHER INFORMATION FROM AN APPLICANT AS IT DEEMS NECESSARY  FOR  THE
 REVIEW  OF  ECONOMIC  AND  SOCIAL  IMPACTS.  NOTWITHSTANDING  ANY USE OF
 OUTSIDE RESOURCES OR WORK, CORPORATIONS SHALL MAKE THEIR OWN INDEPENDENT
 JUDGMENT OF THE SCOPE, CONTENTS, AND  ADEQUACY  OF  AN  ECONOMIC  IMPACT
 STATEMENT.
   (III) (A) AS EARLY AS POSSIBLE IN THE FORMULATION OF A PROPOSAL FOR AN
 ACTION, THE CORPORATION SHALL MAKE AN INITIAL DETERMINATION AS TO WHETH-
 ER  OR NOT AN ECONOMIC IMPACT STATEMENT NEED BE PREPARED FOR THE ACTION.
 WITH RESPECT TO ACTIONS INVOLVING THE ISSUANCE  TO  AN  APPLICANT  OF  A
 PERMIT  OR OTHER ENTITLEMENT, THE CORPORATION SHALL NOTIFY THE APPLICANT
 IN WRITING OF ITS INITIAL DETERMINATION, SPECIFYING  THEREIN  THE  BASIS
 FOR  SUCH DETERMINATION. NOTICE OF THE INITIAL DETERMINATION, ALONG WITH
 APPROPRIATE SUPPORTING FINDINGS ON CORPORATION ACTIONS, SHALL BE KEPT ON
 FILE IN THE MAIN OFFICE OF THE CORPORATION FOR PUBLIC INSPECTION. IF THE
 CORPORATION DETERMINES THAT SUCH STATEMENT IS REQUIRED, THE  CORPORATION
 OR  THE  APPLICANT, AT THE APPLICANT'S OPTION, SHALL PREPARE OR CAUSE TO
 BE PREPARED A DRAFT ECONOMIC IMPACT STATEMENT.   IF THE  APPLICANT  DOES

 A. 2145                             3
 
 NOT EXERCISE THE OPTION TO PREPARE SUCH STATEMENT, THE CORPORATION SHALL
 PREPARE  IT,  CAUSE  IT  TO  BE PREPARED, OR TERMINATE ITS REVIEW OF THE
 PROPOSED ACTION. SUCH STATEMENT SHALL DESCRIBE THE PROPOSED  ACTION  AND
 REASONABLE ALTERNATIVES TO THE ACTION, AND BRIEFLY DISCUSS, ON THE BASIS
 OF  INFORMATION  THEN  AVAILABLE,  THE  REMAINING  ITEMS  REQUIRED TO BE
 SUBMITTED BY CLAUSE (I) OF THIS SUBPARAGRAPH. THE  PURPOSE  OF  A  DRAFT
 ECONOMIC  STATEMENT  IS  TO RELATE ECONOMIC AND SOCIAL CONSIDERATIONS TO
 THE INCEPTION OF THE PLANNING PROCESS, TO INFORM THE  PUBLIC  AND  OTHER
 PUBLIC  AGENCIES  AS  EARLY  AS POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY
 SIGNIFICANTLY AFFECT THE QUALITY OF THE ECONOMIC AND SOCIAL  CONDITIONS,
 AND  TO  SOLICIT COMMENTS WHICH WILL ASSIST THE CORPORATION IN THE DECI-
 SION MAKING PROCESS IN DETERMINING THE ECONOMIC AND SOCIAL  CONSEQUENCES
 OF  THE  PROPOSED ACTION. THE DRAFT STATEMENT SHALL RESEMBLE IN FORM AND
 CONTENT THE ECONOMIC IMPACT STATEMENT TO BE PREPARED AFTER COMMENTS HAVE
 BEEN RECEIVED AND CONSIDERED PURSUANT TO CLAUSE  (I)  OF  THIS  SUBPARA-
 GRAPH;  PROVIDED,  HOWEVER,  THAT  THE  LENGTH  AND  DETAIL OF THE DRAFT
 ECONOMIC STATEMENT WILL NECESSARILY REFLECT THE  PRELIMINARY  NATURE  OF
 THE PROPOSAL AND THE EARLY STAGE AT WHICH IT IS PREPARED;
   (B)  THE DRAFT STATEMENT SHALL BE FILED WITH THE APPROPRIATE GOVERNING
 BODY OF EACH MUNICIPALITY OR POLITICAL  SUBDIVISION  THEREOF  FOR  WHOSE
 BENEFIT SUCH CORPORATION IS ESTABLISHED.
   (IV)  (A)  AFTER  THE FILING OF A DRAFT ECONOMIC IMPACT STATEMENT, THE
 CORPORATION SHALL DETERMINE WHETHER OR NOT TO CONDUCT A  PUBLIC  HEARING
 ON THE ECONOMIC IMPACT OF THE PROPOSED ACTION. SUCH PUBLIC HEARING SHALL
 BE  HELD  IN A CITY, TOWN OR VILLAGE WHERE THE PROJECT IS PROPOSED TO BE
 LOCATED OR, IN CITIES HAVING A POPULATION OF ONE MILLION OR MORE, IN THE
 COMMUNITY DISTRICT OR DISTRICTS IN WHICH SUCH PROJECT IS PROPOSED TO  BE
 LOCATED  OR IN THE RESPECTIVE BOROUGH, IF SUCH PROJECT IS PROPOSED TO BE
 LOCATED IN TWO OR MORE COMMUNITY DISTRICTS.  THE CORPORATION  MUST  GIVE
 AT LEAST THIRTY DAYS' PUBLISHED NOTICE OF SUCH PUBLIC HEARING AND SHALL,
 AT  THE SAME TIME, PROVIDE NOTICE OF SUCH HEARING TO THE CHIEF EXECUTIVE
 OFFICER OF EACH AFFECTED TAX JURISDICTION WITHIN WHICH  THE  PROJECT  IS
 PROPOSED  TO  BE  LOCATED. THE NOTICE OF HEARING MUST STATE THE TIME AND
 PLACE OF THE HEARING, CONTAIN A GENERAL, FUNCTIONAL DESCRIPTION  OF  THE
 PROJECT,  DESCRIBE THE PROSPECTIVE LOCATION OF THE PROJECT, IDENTIFY THE
 INITIAL OWNER, OPERATOR, OR MANAGER OF THE PROJECT,  GENERALLY  DESCRIBE
 THE FINANCIAL ASSISTANCE CONTEMPLATED BY THE CORPORATION WITH RESPECT TO
 THE  PROJECT,  AND  PROVIDE  AN OPPORTUNITY FOR THE PUBLIC TO REVIEW THE
 PROJECT APPLICATION, WHICH SHALL INCLUDE AN ANALYSIS OF  THE  COSTS  AND
 BENEFITS  OF  THE  PROPOSED  PROJECT.  THE  NOTICE  OF  HEARING  MUST BE
 PUBLISHED IN THE STATE REGISTER AND THE WEBSITE OF THE CORPORATION.
   (B) IF THE CORPORATION DETERMINES TO HOLD SUCH  A  HEARING,  IT  SHALL
 COMMENCE  THE  HEARING  WITHIN  SIXTY DAYS OF THE FILING AND, UNLESS THE
 PROPOSED ACTION IS  WITHDRAWN  FROM  CONSIDERATION,  SHALL  PREPARE  THE
 ECONOMIC  IMPACT STATEMENT WITHIN FORTY-FIVE DAYS AFTER THE CLOSE OF THE
 HEARING, EXCEPT AS OTHERWISE PROVIDED. THE NEED FOR SUCH A HEARING SHALL
 BE DETERMINED IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE  CORPORATION.
 IF  NO HEARING IS HELD, THE CORPORATION SHALL PREPARE AND MAKE AVAILABLE
 THE ECONOMIC IMPACT STATEMENT WITHIN SIXTY DAYS AFTER THE FILING OF  THE
 DRAFT, EXCEPT AS OTHERWISE PROVIDED.
   (C)  NOTWITHSTANDING  THE  SPECIFIED  TIME PERIODS ESTABLISHED BY THIS
 SUBPARAGRAPH, A CORPORATION SHALL VARY THE TIMES SO ESTABLISHED IN  THIS
 CLAUSE  FOR  PREPARATION,  REVIEW, AND PUBLIC HEARINGS TO COORDINATE THE
 ECONOMIC AND SOCIAL REVIEW PROCESS WITH  OTHER  PROCEDURES  RELATING  TO
 REVIEW  AND  APPROVAL  OR  DISAPPROVAL  OF  AN ACTION. AN APPLICATION OR
 AUTHORIZATION FOR AN ACTION UPON WHICH A DRAFT ECONOMIC IMPACT STATEMENT

 A. 2145                             4
 
 IS DETERMINED TO BE REQUIRED SHALL NOT  BE  COMPLETE  UNTIL  SUCH  DRAFT
 STATEMENT HAS BEEN FILED AND ACCEPTED BY THE CORPORATION AS SATISFACTORY
 WITH  RESPECT  TO  SCOPE,  CONTENT,  AND  ADEQUACY  FOR PURPOSES OF THIS
 SUBPARAGRAPH.  COMMENCING  UPON  SUCH  ACCEPTANCE,  THE  ECONOMIC IMPACT
 STATEMENT PROCESS SHALL RUN CONCURRENTLY WITH OTHER PROCEDURES  RELATING
 TO  THE REVIEW AND APPROVAL OF THE ACTION, SO LONG AS REASONABLE TIME IS
 PROVIDED FOR PREPARATION, REVIEW, AND PUBLIC HEARINGS  WITH  RESPECT  TO
 THE DRAFT ECONOMIC IMPACT STATEMENT.
   (V)  TO  THE  EXTENT  POSSIBLE, THE ECONOMIC IMPACT STATEMENT PREPARED
 PURSUANT TO CLAUSE (I) OF THIS SUBPARAGRAPH, TOGETHER WITH THE  COMMENTS
 OF  PUBLIC  AGENCIES  AND MEMBERS OF THE PUBLIC, SHALL BE FILED WITH THE
 GOVERNING BODY OF EACH MUNICIPALITY OR POLITICAL SUBDIVISION THEREOF FOR
 WHOSE BENEFIT SUCH CORPORATION IS ESTABLISHED AND MADE AVAILABLE TO  THE
 PUBLIC  PRIOR  TO  ACTING  ON  THE  PROPOSAL WHICH IS THE SUBJECT OF THE
 ECONOMIC IMPACT STATEMENT.
   (VI) A CORPORATION MAY CHARGE A FEE TO AN  APPLICANT  TO  RECOVER  THE
 COSTS  INCURRED  IN  PREPARING  OR CAUSING TO BE PREPARED OR REVIEWING A
 DRAFT ECONOMIC IMPACT STATEMENT OR AN ECONOMIC IMPACT STATEMENT  ON  THE
 ACTION  WHICH  THE  APPLICANT  REQUESTS  FROM THE CORPORATION; PROVIDED,
 HOWEVER, THAT AN APPLICANT MAY NOT BE CHARGED A SEPARATE  FEE  FOR  BOTH
 THE PREPARATION AND REVIEW OF SUCH STATEMENTS. THE TECHNICAL SERVICES OF
 THE  CORPORATION  MAY  BE  MADE  AVAILABLE ON A FEE BASIS REFLECTING THE
 COSTS THEREOF TO A REQUESTING APPLICANT, WHICH FEE OR FEES MAY APPROPRI-
 ATELY BE CHARGED BY THE CORPORATION TO THE  APPLICANT  UNDER  RULES  AND
 REGULATIONS, WHICH THE CORPORATION SHALL ISSUE FOR SUCH PURPOSE.
   (VII)  WHEN  A  CORPORATION  DECIDES TO CARRY OUT OR APPROVE AN ACTION
 WHICH HAS BEEN THE SUBJECT OF AN ECONOMIC  IMPACT  STATEMENT,  IT  SHALL
 MAKE AN EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SUBPARAGRAPH HAVE
 BEEN MET AND THAT, CONSISTENT WITH SOCIAL, ECONOMIC, AND OTHER ESSENTIAL
 CONSIDERATION,  TO  THE  MAXIMUM  EXTENT  PRACTICABLE, ADVERSE ECONOMIC,
 SOCIAL, AND COMMUNITY EFFECTS REVEALED IN THE ECONOMIC IMPACT  STATEMENT
 PROCESS WILL BE MINIMIZED OR AVOIDED.
   (3) Before any sale or lease to a local development corporation incor-
 porated  or  reincorporated  under  this  article shall be authorized, a
 public hearing shall be held by the local legislative body, or  [by  the
 board  of  estimate],  IN  CITIES  HAVING A POPULATION OF ONE MILLION OR
 MORE, BY THE COMMUNITY BOARD OR BOARDS OR THE RESPECTIVE BOROUGH  BOARD,
 as  the  case  may be, to consider the proposed sale or lease ONLY AFTER
 THE COMPLETION OF THE ECONOMIC IMPACT STATEMENT REQUIRED BY SUBPARAGRAPH
 TWO-A OF THIS PARAGRAPH. A PUBLIC HEARING MAY ONLY BE CONVENED  IF  TWO-
 THIRDS  OF  THE  BOARD  MEMBERS ARE PRESENT. IF NOT, SUCH PUBLIC HEARING
 SHALL NOT BE CONVENED AND SHALL BE  RESCHEDULED,  SUBJECT  TO  THE  SAME
 QUORUM REQUIREMENTS.
   §  2.  Paragraph (i) of section 1411 of the not-for-profit corporation
 law is relettered paragraph (j) and a new paragraph (i) is added to read
 as follows:
   (I) MUNICIPAL INPUT.
   (1) BOARD MEMBERS OR EMPLOYEES OF A LOCAL DEVELOPMENT CORPORATION MUST
 NOT BE OR HAVE, WITHIN THE PAST FIVE YEARS, BEEN: (A) AN EMPLOYEE OR  AN
 OWNER OF A FIRM THAT IS A PAID ADVISOR OR CONSULTANT OF THE LOCAL DEVEL-
 OPMENT CORPORATION, INCLUDING A PRESENT OR FORMER INDEPENDENT AUDITOR OF
 THE LOCAL DEVELOPMENT CORPORATION; (B) EMPLOYED BY A SIGNIFICANT SUPPLI-
 ER  OF THE LOCAL DEVELOPMENT CORPORATION; (C) EMPLOYED BY AND HAD A FIVE
 PERCENT OR GREATER OWNERSHIP INTEREST IN A SUPPLIER WHERE SALES  TO  THE
 LOCAL  DEVELOPMENT  CORPORATION  REPRESENT  MORE THAN ONE PERCENT OF THE
 SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF THE PURCHASES  OF  THE

 A. 2145                             5
 
 LOCAL  DEVELOPMENT CORPORATION; (D) A "POLITICAL PARTY CHAIRMAN" AS SUCH
 TERM IS DEFINED IN PARAGRAPH (K) OF SUBDIVISION ONE OF SECTION  SEVENTY-
 THREE  OF  THE PUBLIC OFFICERS LAW; OR (E) A LOBBYIST REGISTERED UNDER A
 STATE  OR LOCAL LAW COVERING ANY JURISDICTION SERVED IN WHOLE OR IN PART
 BY THE LOCAL DEVELOPMENT CORPORATION.  IN ADDITION, AT  LEAST  ONE-THIRD
 OF  ALL  MEMBERS  SHALL BE REPRESENTATIVE OF LOCAL GOVERNMENT, ORGANIZED
 LABOR, OR THE ENGINEERING, BUSINESS, OR ENVIRONMENTAL COMMUNITIES.
   (2) THE LOCAL DEVELOPMENT CORPORATION SHALL FILE AN ANNUAL REPORT WITH
 THE ATTORNEY GENERAL NOTING THE LOCAL DEVELOPMENT  CORPORATION'S  FINAN-
 CIAL  ACTIVITY  DURING  EACH  YEAR,  INCLUDING,  BUT NOT LIMITED TO, THE
 AMOUNT AND THE REASON FOR THE AMOUNT AND KINDS OF  FINANCIAL  INCENTIVES
 PROVIDED  TO ANY ENTITY AND ANY OTHER DATA THAT THE ATTORNEY GENERAL MAY
 REQUIRE.  THE REPORT SHALL BE SUBMITTED BEFORE FEBRUARY  FIRST  OF  EACH
 YEAR.  EACH  REPORT  SHALL  BE MADE AVAILABLE TO THE PUBLIC IN AN EASILY
 ACCESSIBLE FORMAT, INCLUDING BUT NOT LIMITED TO  AN  ELECTRONIC  VERSION
 VIA THE WORLD WIDE WEB.
   (3)  ANY  LEASE,  SALE, OR OTHER REVENUES COLLECTED BY THE CORPORATION
 SHALL BE PAID TO THE LOCAL GOVERNING BODY  IN  WHICH  REAL  PROPERTY  OR
 OTHER  SOURCE  OF  REVENUE  IS  LOCATED,  AND  PROPORTIONALLY DIVIDED IF
 LOCATED IN MORE THAN ONE MUNICIPALITY.
   (4) THE GOVERNING BODY OF EACH MUNICIPALITY FOR WHOSE BENEFIT A CORPO-
 RATION IS ESTABLISHED SHALL HAVE THE AUTHORITY TO APPROVE OR  DISAPPROVE
 ANY  AGENCY  USE  OF  EMINENT DOMAIN, DISPOSITION OF CORPORATE PROPERTY,
 ISSUANCE OF BONDS,  ENTRANCE  INTO  AGREEMENTS  REQUIRING  PAYMENTS,  OR
 ENTERING  INTO  AGREEMENTS  FOR  PAYMENTS  IN  LIEU  OF TAXES. EACH SUCH
 GOVERNING BODY SHALL APPROVE OR DISAPPROVE ANY OF  THE  ABOVE  CORPORATE
 DECISIONS  BY  MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT OF LOCAL
 LAWS, THE CHIEF EXECUTIVE  OFFICER  SHALL  APPROVE  OR  DISAPPROVE  SUCH
 GOVERNING  BODY'S DECISION, SUBJECT TO ANY APPLICABLE RIGHT TO OVERRIDE.
 BOARDS SHALL NOT VIOLATE ANY LOCAL ZONING  LAWS,  ORDINANCES,  OR  REGU-
 LATIONS  OR LOCAL DEVELOPMENT PLANS. WHERE APPLICABLE, THE PROVISIONS OF
 THIS SUBPARAGRAPH SHALL APPLY TO MORE THAN ONE LOCAL GOVERNING BODY  AND
 THE NEW YORK JOB DEVELOPMENT AUTHORITY.
   §  3.  Subdivision  2  of section 856 of the general municipal law, as
 amended by chapter 356 of the laws  of  1993,  is  amended  to  read  as
 follows:
   2.  An agency shall be a corporate governmental agency, constituting a
 public benefit corporation. Except as otherwise provided by special  act
 of  the  legislature, an agency shall consist of not less than three nor
 more than seven members who shall be appointed by  the  CHIEF  EXECUTIVE
 OFFICER,  WITH  THE  ADVICE  AND CONSENT OF THE LOCAL governing body, of
 each municipality and who shall serve at the pleasure of the  appointing
 authority.  [Such  members  may include representatives of local govern-
 ment, school boards, organized labor and business.] AT  LEAST  ONE-THIRD
 OF  ALL  MEMBERS  SHALL BE REPRESENTATIVE OF LOCAL GOVERNMENT, ORGANIZED
 LABOR, OR THE ENGINEERING, BUSINESS,  OR  ENVIRONMENTAL  COMMUNITIES.  A
 member  shall  continue  to  hold  office  until his OR HER successor is
 appointed and has qualified. The governing  body  of  each  municipality
 shall  designate  the  first  [chairman]  CHAIRPERSON  and file with the
 secretary of state a certificate of appointment or reappointment of  any
 member.  Such  members  shall receive no compensation for their services
 but shall be entitled to the  necessary  expenses,  including  traveling
 expenses,  incurred  in the discharge of their duties.  MEMBERS MUST NOT
 BE OR HAVE, WITHIN THE PAST FIVE YEARS, BEEN:

 A. 2145                             6
 
   (A) AN EMPLOYEE OR AN OWNER OF A  FIRM  THAT  IS  A  PAID  ADVISOR  OR
 CONSULTANT  OF  THE  AGENCY,  INCLUDING  A PRESENT OR FORMER INDEPENDENT
 AUDITOR OF THE AGENCY;
   (B) EMPLOYED BY A SIGNIFICANT SUPPLIER OF THE AGENCY;
   (C)  EMPLOYED  BY AND HAD A FIVE PERCENT OR GREATER OWNERSHIP INTEREST
 IN A SUPPLIER WHERE SALES TO THE AGENCY REPRESENT MORE THAN ONE  PERCENT
 OF  THE  SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF THE PURCHASES
 OF THE AGENCY;
   (D) A "POLITICAL PARTY CHAIRMAN" AS SUCH TERM IS DEFINED IN  PARAGRAPH
 (K)  OF  SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS
 LAW; OR
   (E) A LOBBYIST REGISTERED UNDER A STATE  OR  LOCAL  LAW  COVERING  ANY
 JURISDICTION SERVED IN WHOLE OR IN PART BY THE AGENCY.
   §  4.  Subdivision  15 of section 858 of the general municipal law, as
 added by chapter 356 of the laws of 1993, is amended to read as follows:
   (15) To enter into agreements requiring payments  in  lieu  of  taxes.
 Such agreements shall be in writing and in addition to other terms shall
 contain:   the amount due annually to each affected tax jurisdiction (or
 a formula by which the amount due  can  be  calculated),  the  name  and
 address of the person, office or agency to which payment shall be deliv-
 ered,  the  date  on  which payment shall be made, and the date on which
 payment shall be considered delinquent if  not  paid.  Unless  otherwise
 agreed  by  the  affected  tax  jurisdictions,  any such agreement shall
 provide that payments in lieu of taxes shall be allocated among affected
 tax jurisdictions in proportion to the amount of real property  tax  and
 other  taxes  which would have been received by each affected tax juris-
 diction had the project not been tax exempt due to  the  status  of  the
 agency  involved  in  the project. A copy of any such agreement shall be
 delivered to each affected tax jurisdiction within fifteen days of sign-
 ing the agreement.  In  the  absence  of  any  such  written  agreement,
 payments  in  lieu  of taxes made by an agency shall be allocated in the
 same proportions as they had  been  prior  to  January  first,  nineteen
 hundred  ninety-three  for  so  long as the agency's activities render a
 project  non-taxable  by  affected  tax  jurisdictions.   STANDARD   TAX
 EXEMPTION POLICIES ESTABLISHED IN LAW OR BY AGENCIES SHALL BE SENT ANNU-
 ALLY  TO  CHIEF  EXECUTIVES  AND  ALL MEMBERS OF GOVERNING BOARDS OF ALL
 AFFECTED TAX JURISDICTIONS. ANY CHANGES TO THE  STANDARD  TAX  EXEMPTION
 POLICIES  SHALL  ALSO  BE  SENT  TO  CHIEF EXECUTIVES AND ALL MEMBERS OF
 GOVERNING BOARDS OF AFFECTED TAX JURISDICTIONS. STANDARD  TAX  EXEMPTION
 POLICIES  SHALL  ALSO  BE MADE AVAILABLE TO THE PUBLIC AND POSTED ON THE
 AGENCY'S WEBSITE.  EVERY AGENCY SHALL BE REQUIRED TO MAINTAIN, AND  MAKE
 AVAILABLE TO ALL LOCAL ELECTED OFFICIALS AND THE PUBLIC, A CURRENT SCHE-
 DULE  OF ALL PILOT PAYMENTS DUE EACH YEAR AND THE AMOUNT OF EACH PAYMENT
 ALLOCABLE TO EACH AFFECTED TAX JURISDICTION ON WHOSE BEHALF THE PILOT IS
 BEING COLLECTED.  ALL AGENCIES SHALL MAINTAIN, AND MAKE  READILY  AVAIL-
 ABLE TO ALL LOCAL ELECTED OFFICIALS AND THE PUBLIC, CURRENT SCHEDULES OF
 PROJECT  OWNERS  WHO  ARE  IN  ARREARS  IN  THE MAKING OF REQUIRED PILOT
 PAYMENTS, THE AMOUNTS INVOLVED, AND THE  TIME  PERIODS  INVOLVED.  EVERY
 AGENCY  MUST  ENSURE  THAT  ALL PILOT PAYMENTS ARE PROMPTLY RECEIVED AND
 FULLY TRANSMITTED TO THE TREASURIES OF THE AFFECTED TAX JURISDICTIONS ON
 WHOSE BEHALF THOSE PILOT PAYMENTS WERE COLLECTED;
   § 5. The general municipal law is amended  by  adding  a  new  section
 858-c to read as follows:
   §  858-C.  MUNICIPAL INPUT. 1. THE GOVERNING BODY OF EACH MUNICIPALITY
 FOR WHOSE BENEFIT AN AGENCY IS ESTABLISHED SHALL HAVE THE  AUTHORITY  TO
 APPROVE  OR  DISAPPROVE ANY AGENCY USE OF EMINENT DOMAIN, DISPOSITION OF

 A. 2145                             7
 
 AGENCY PROPERTY, ISSUANCE OF BONDS, ENTRANCE INTO  AGREEMENTS  REQUIRING
 PAYMENTS,  OR  ENTERING  INTO  AGREEMENTS FOR PAYMENTS IN LIEU OF TAXES.
 EACH SUCH GOVERNING BODY SHALL APPROVE OR DISAPPROVE ANY  OF  THE  ABOVE
 AGENCY  DECISIONS BY MAJORITY VOTE. WHERE APPLICABLE IN THE ENACTMENT OF
 LOCAL LAWS, THE CHIEF EXECUTIVE OFFICER SHALL APPROVE OR DISAPPROVE SUCH
 GOVERNING BODY'S DECISION, SUBJECT TO ANY APPLICABLE RIGHT TO OVERRIDE.
   2. AGENCY BOARDS SHALL NOT VIOLATE ANY LOCAL ZONING LAWS,  ORDINANCES,
 OR REGULATIONS OR LOCAL DEVELOPMENT PLANS.
   §  6.  Paragraphs  (a)  and (b) of subdivision 1 of section 859 of the
 general municipal law, paragraph (a) as added by chapter 692 of the laws
 of 1989 and paragraph (b) as amended by chapter 357 of the laws of 1993,
 are amended to read as follows:
   (a) Each agency shall maintain books and records in such form  as  may
 be prescribed by the state comptroller.  THE COMPTROLLER SHALL PRESCRIBE
 RULES ON STANDARDIZING THE CALCULATION OF TAX BENEFITS.
   (b)  Within  ninety  days following the close of its fiscal year, each
 agency or authority shall prepare a financial statement for that  fiscal
 year  in  such  form as may be prescribed by the state comptroller. Such
 statement shall be audited within such ninety day period by an independ-
 ent certified public accountant in accordance with government accounting
 standards established by the United States  general  accounting  office.
 The  audited  financial  statement  shall include supplemental schedules
 listing all straight-lease transactions  and  bonds  and  notes  issued,
 outstanding  or  retired during the applicable accounting period whether
 or not such bonds, notes or transactions are considered  obligations  of
 the agency, AND INFORMATION ON PILOTS.  For each issue of bonds or notes
 such  schedules  shall  provide  the  name of each project financed with
 proceeds of each issue, and whether the project occupant is  a  not-for-
 profit  corporation, the name and address of each owner of each project,
 THE ADDRESS OF EACH PROJECT, the  estimated  amount  of  tax  exemptions
 authorized for each project, the purpose for which each bond or note was
 issued,  date  of  issue,  interest rate at issuance and if variable the
 range of interest rates applicable, maturity date, federal tax status of
 each issue, and an estimate of the number of jobs created  and  retained
 by  each  project.  For  each straight-lease transaction, such schedules
 shall provide the name of each project, and whether the project occupant
 is a not-for-profit corporation, the name and address of each  owner  of
 each project, the estimated amount of tax exemptions authorized for each
 project,  the purpose for which each transaction was made, the method of
 financial assistance  utilized  by  the  project,  other  than  the  tax
 exemptions  claimed by the project and an estimate of the number of jobs
 created and retained by each project.
   § 7. Section 859-a of the general municipal law, as added  by  chapter
 356 of the laws of 1993, and subdivisions 4, 5 and 6 as added by chapter
 563 of the laws of 2015, is amended to read as follows:
   §  859-a.  Additional  prerequisites  to  the  provisions of financial
 assistance, ECONOMIC IMPACT STATEMENTS AND  PUBLIC  HEARINGS.  Prior  to
 providing  any  financial  assistance  of more than one hundred thousand
 dollars to any project,  the  agency  must  comply  with  the  following
 prerequisites:
   1.  The  agency must adopt a resolution describing the project and the
 financial assistance that the agency is contemplating  with  respect  to
 such  project.  AGENCIES  MUST  MAINTAIN  A LIST OF ALL PENDING PROJECTS
 ABOUT WHICH THEY HAVE BEEN CONTACTED, AND MAKE SUCH LISTS AVAILABLE  FOR
 PUBLIC  INSPECTION, INCLUDING BUT NOT LIMITED TO PUBLISHING THE LISTS ON
 THE AGENCY'S WEBSITE. IF ANY PERSON REQUESTS MORE  INFORMATION  ABOUT  A

 A. 2145                             8

 PARTICULAR  PROJECT,  THE AGENCY SHALL PROVIDE SUCH INFORMATION AS EXPE-
 DITIOUSLY AS POSSIBLE. Such assistance  shall  be  consistent  with  the
 uniform  tax exemption policy adopted by the agency pursuant to subdivi-
 sion four of section eight hundred seventy-four of this [chapter] TITLE,
 unless  the  agency  has followed the procedures for deviation from such
 policy specified in paragraph (b) of such subdivision.  SUCH  ASSISTANCE
 SHALL  ALSO  BE  CONSISTENT  WITH ENVIRONMENTAL PROTECTION, SUCH AS OPEN
 SPACE PROTECTION, THAT WILL PROMOTE NEW DEVELOPMENT PATTERNS IN ORDER TO
 TAKE ADVANTAGE OF RESOURCES AND OPPORTUNITIES, SUCH AS  EXISTING  PUBLIC
 SEWER AND WATER INFRASTRUCTURE, WITHOUT COMPROMISING THE NEEDS OF FUTURE
 GENERATIONS;  AND  LABOR  PROTECTION,  INCLUDING ALL FEDERAL, STATE, AND
 LOCAL LABOR LAWS, RULES, OR REGULATIONS. THE AGENCY SHALL NOT  GRANT  OR
 APPROPRIATE  ASSISTANCE  TO  ANY ENTITY THAT HAS COMMITTED VIOLATIONS OF
 ANY FEDERAL, STATE, OR LOCAL LAWS.
   2. THE AGENCY SHALL PREPARE (WHERE THE APPLICANT DOES NOT PREPARE  THE
 ECONOMIC  IMPACT  STATEMENT),  OR  CAUSE  TO  BE PREPARED BY CONTRACT OR
 OTHERWISE, AN ECONOMIC IMPACT STATEMENT ON ANY ACTION THAT  IT  PROPOSES
 OR  APPROVES  WHICH  MAY HAVE A SIGNIFICANT EFFECT ON THE AFFECTED LOCAL
 ECONOMY AND LOCAL COMMUNITY.  THE AGENCY SHALL USE ALL PRACTICABLE MEANS
 TO REALIZE THE POLICIES AND GOALS SET FORTH IN THIS ARTICLE,  AND  SHALL
 ACT AND CHOOSE ALTERNATIVES WHICH, CONSISTENT WITH SOCIAL, ECONOMIC, AND
 OTHER ESSENTIAL CONSIDERATIONS, TO THE MAXIMUM EXTENT PRACTICABLE, MINI-
 MIZE  OR  AVOID  ADVERSE ECONOMIC EFFECTS, INCLUDING EFFECTS REVEALED IN
 THE ECONOMIC IMPACT STATEMENT PROCESS. SUCH A STATEMENT SHALL INCLUDE  A
 DETAILED STATEMENT SETTING FORTH THE FOLLOWING:
   (A)  A  DESCRIPTION OF THE PROPOSED ACTION AND ITS ECONOMIC AND SOCIAL
 SETTING;
   (B) THE ECONOMIC AND SOCIAL IMPACT OF THE PROPOSED  ACTION,  INCLUDING
 SHORT-TERM AND LONG-TERM EFFECTS, ESPECIALLY TO THE AFFECTED COMMUNITY;
   (C)  ANY  ADVERSE  ECONOMIC EFFECTS WHICH CANNOT BE AVOIDED SHOULD THE
 PROPOSAL BE IMPLEMENTED;
   (D) ALTERNATIVES TO THE PROPOSED ACTION;
   (E)  ANY  IRREVERSIBLE  AND  IRRETRIEVABLE  COMMITMENTS   AND   SOCIAL
 RESOURCES  WHICH  WOULD BE INVOLVED IN THE PROPOSED ACTION, SHOULD IT BE
 IMPLEMENTED;
   (F) MITIGATION MEASURES PROPOSED TO MINIMIZE THE ECONOMIC,  SOCIAL  OR
 OTHER ESSENTIAL IMPACTS; AND
   (G) THE GROWTH-INDUCING ASPECTS OF THE PROPOSED ACTION, WHERE APPLICA-
 BLE AND SIGNIFICANT.
   SUCH  A  STATEMENT  SHALL  ALSO  INCLUDE  COPIES  OR  A SUMMARY OF THE
 SUBSTANTIVE COMMENTS RECEIVED BY THE AGENCY PURSUANT TO SUBDIVISION  SIX
 OF  THIS  SECTION, AND THE AGENCY RESPONSE TO SUCH COMMENTS. THE PURPOSE
 OF AN ECONOMIC IMPACT STATEMENT IS TO PROVIDE DETAILED INFORMATION ABOUT
 THE EFFECT WHICH A PROPOSED ACTION IS LIKELY TO  HAVE  ON  THE  ECONOMY,
 EMPLOYMENT  CONDITIONS,  AND  SOCIAL  CHARACTERISTICS OF A COMMUNITY, TO
 LIST WAYS IN WHICH ANY ADVERSE EFFECTS OF SUCH AN ACTION MIGHT BE  MINI-
 MIZED,  AND  TO SUGGEST ALTERNATIVES TO SUCH AN ACTION SO AS TO FORM THE
 BASIS FOR A DECISION AS TO WHETHER OR NOT TO UNDERTAKE OR  APPROVE  SUCH
 ACTION.    SUCH  STATEMENT  SHALL BE CLEARLY WRITTEN IN A CONCISE MANNER
 CAPABLE OF BEING READ AND UNDERSTOOD BY THE PUBLIC, SHALL DEAL WITH  THE
 SPECIFIC  SIGNIFICANT  ECONOMIC  IMPACTS  WHICH CAN BE REASONABLY ANTIC-
 IPATED, AND SHALL NOT CONTAIN MORE DETAIL THAN IS APPROPRIATE, CONSIDER-
 ING THE NATURE AND MAGNITUDE OF THE PROPOSED ACTION AND THE SIGNIFICANCE
 OF ITS POTENTIAL IMPACTS.
   3. THE AGENCY MAY REQUIRE AN APPLICANT TO SUBMIT AN ECONOMIC REPORT TO
 ASSIST THE AGENCY IN CARRYING OUT ITS  RESPONSIBILITIES,  INCLUDING  THE

 A. 2145                             9
 
 INITIAL  DETERMINATION  AND,  (WHERE  THE APPLICANT DOES NOT PREPARE THE
 ECONOMIC IMPACT STATEMENT), THE PREPARATION OF AN ECONOMIC IMPACT STATE-
 MENT UNDER THIS ARTICLE. THE AGENCY MAY REQUEST SUCH  OTHER  INFORMATION
 FROM  AN  APPLICANT  NECESSARY  FOR  THE  REVIEW  OF ECONOMIC AND SOCIAL
 IMPACTS. NOTWITHSTANDING ANY USE OF OUTSIDE RESOURCES OR WORK,  AGENCIES
 SHALL  MAKE  THEIR  OWN INDEPENDENT JUDGMENT OF THE SCOPE, CONTENTS, AND
 ADEQUACY OF AN ECONOMIC IMPACT STATEMENT.
   4. (A) AS EARLY AS POSSIBLE IN THE FORMULATION OF A  PROPOSAL  FOR  AN
 ACTION,  THE AGENCY SHALL MAKE AN INITIAL DETERMINATION AS TO WHETHER OR
 NOT AN ECONOMIC IMPACT STATEMENT NEED BE PREPARED FOR THE ACTION.   WITH
 RESPECT TO ACTIONS INVOLVING THE ISSUANCE TO AN APPLICANT OF A PERMIT OR
 OTHER  ENTITLEMENT,  THE AGENCY SHALL NOTIFY THE APPLICANT IN WRITING OF
 ITS INITIAL DETERMINATION, SPECIFYING THEREIN THE BASIS FOR SUCH  DETER-
 MINATION.    NOTICE OF THE INITIAL DETERMINATION, ALONG WITH APPROPRIATE
 SUPPORTING FINDINGS ON AGENCY ACTIONS, SHALL BE KEPT ON FILE IN THE MAIN
 OFFICE OF THE AGENCY FOR PUBLIC INSPECTION.   IF THE  AGENCY  DETERMINES
 THAT  SUCH  STATEMENT  IS  REQUIRED, THE AGENCY OR THE APPLICANT, AT THE
 APPLICANT'S OPTION, SHALL PREPARE  OR  CAUSE  TO  BE  PREPARED  A  DRAFT
 ECONOMIC  IMPACT  STATEMENT.    IF  THE  APPLICANT DOES NOT EXERCISE THE
 OPTION TO PREPARE SUCH STATEMENT, THE AGENCY SHALL PREPARE IT, CAUSE  IT
 TO  BE  PREPARED,  OR  TERMINATE ITS REVIEW OF THE PROPOSED ACTION. SUCH
 STATEMENT SHALL DESCRIBE THE PROPOSED ACTION AND REASONABLE ALTERNATIVES
 TO THE ACTION, AND BRIEFLY DISCUSS, ON THE  BASIS  OF  INFORMATION  THEN
 AVAILABLE,  THE  REMAINING ITEMS REQUIRED TO BE SUBMITTED BY SUBDIVISION
 TWO OF THIS SECTION. THE PURPOSE OF A DRAFT  ECONOMIC  STATEMENT  IS  TO
 RELATE  ECONOMIC AND SOCIAL CONSIDERATIONS TO THE INCEPTION OF THE PLAN-
 NING PROCESS, TO INFORM THE PUBLIC AND OTHER PUBLIC AGENCIES AS EARLY AS
 POSSIBLE ABOUT PROPOSED ACTIONS THAT MAY SIGNIFICANTLY AFFECT THE QUALI-
 TY OF THE ECONOMIC AND SOCIAL CONDITIONS, AND TO SOLICIT COMMENTS  WHICH
 WILL ASSIST THE AGENCY IN THE DECISION MAKING PROCESS IN DETERMINING THE
 ECONOMIC  AND  SOCIAL  CONSEQUENCES  OF  THE  PROPOSED ACTION. THE DRAFT
 STATEMENT SHALL RESEMBLE IN FORM AND CONTENT THE ECONOMIC IMPACT  STATE-
 MENT  TO  BE  PREPARED  AFTER COMMENTS HAVE BEEN RECEIVED AND CONSIDERED
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION; HOWEVER,  THAT  THE  LENGTH
 AND  DETAIL OF THE DRAFT ECONOMIC STATEMENT WILL NECESSARILY REFLECT THE
 PRELIMINARY NATURE OF THE PROPOSAL AND THE EARLY STAGE AT  WHICH  IT  IS
 PREPARED;
   (B)  THE DRAFT STATEMENT SHALL BE FILED WITH THE APPROPRIATE GOVERNING
 BODY OF EACH MUNICIPALITY FOR WHOSE BENEFIT SUCH AGENCY IS ESTABLISHED.
   5. (A) AFTER THE FILING OF A  DRAFT  ECONOMIC  IMPACT  STATEMENT,  THE
 AGENCY SHALL DETERMINE WHETHER OR NOT TO CONDUCT A PUBLIC HEARING ON THE
 ECONOMIC  IMPACT  OF  THE  PROPOSED ACTION. SUCH PUBLIC HEARING SHALL BE
 HELD IN A CITY, TOWN, OR VILLAGE WHERE THE PROJECT  IS  PROPOSED  TO  BE
 LOCATED.  THE AGENCY MUST GIVE AT LEAST THIRTY DAYS' PUBLISHED NOTICE OF
 SUCH  PUBLIC HEARING AND SHALL, AT THE SAME TIME, PROVIDE NOTICE OF SUCH
 HEARING TO THE CHIEF EXECUTIVE OFFICER OF EACH AFFECTED TAX JURISDICTION
 WITHIN WHICH THE PROJECT IS PROPOSED TO BE LOCATED. THE NOTICE OF  HEAR-
 ING  MUST  STATE  THE  TIME AND PLACE OF THE HEARING, CONTAIN A GENERAL,
 FUNCTIONAL DESCRIPTION OF THE PROJECT, DESCRIBE THE PROSPECTIVE LOCATION
 OF THE PROJECT, IDENTIFY THE INITIAL OWNER, OPERATOR, OR MANAGER OF  THE
 PROJECT, GENERALLY DESCRIBE THE FINANCIAL ASSISTANCE CONTEMPLATED BY THE
 AGENCY  WITH  RESPECT TO THE PROJECT, AND PROVIDE AN OPPORTUNITY FOR THE
 PUBLIC TO REVIEW THE PROJECT APPLICATION, WHICH SHALL INCLUDE AN  ANALY-
 SIS  OF  THE  COSTS  AND BENEFITS OF THE PROPOSED PROJECT. THE NOTICE OF
 HEARING MUST BE PUBLISHED IN THE STATE REGISTER AND THE WEBSITE  OF  THE
 AGENCY.

 A. 2145                            10
 
   (B) IF THE AGENCY DETERMINES TO HOLD SUCH A HEARING, IT SHALL COMMENCE
 THE  HEARING  WITHIN  SIXTY  DAYS OF THE FILING AND, UNLESS THE PROPOSED
 ACTION IS WITHDRAWN  FROM  CONSIDERATION,  SHALL  PREPARE  THE  ECONOMIC
 IMPACT  STATEMENT WITHIN FORTY-FIVE DAYS AFTER THE CLOSE OF THE HEARING,
 EXCEPT  AS  OTHERWISE  PROVIDED.  THE  NEED  FOR SUCH A HEARING SHALL BE
 DETERMINED IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE AGENCY  PURSUANT
 TO  SECTION  EIGHT  HUNDRED  FIFTY-EIGHT OF THIS TITLE. IF NO HEARING IS
 HELD, THE AGENCY SHALL PREPARE AND MAKE AVAILABLE  THE  ECONOMIC  IMPACT
 STATEMENT  WITHIN  SIXTY  DAYS  AFTER THE FILING OF THE DRAFT, EXCEPT AS
 OTHERWISE PROVIDED.
   (C) NOTWITHSTANDING THE SPECIFIED TIME  PERIODS  ESTABLISHED  BY  THIS
 ARTICLE, AN AGENCY SHALL VARY THE TIMES SO ESTABLISHED HEREIN FOR PREPA-
 RATION, REVIEW AND PUBLIC HEARINGS TO COORDINATE THE ECONOMIC AND SOCIAL
 REVIEW  PROCESS WITH OTHER PROCEDURES RELATING TO REVIEW AND APPROVAL OF
 AN ACTION. AN APPLICATION OR AUTHORIZATION FOR AN ACTION  UPON  WHICH  A
 DRAFT  ECONOMIC  IMPACT STATEMENT IS DETERMINED TO BE REQUIRED SHALL NOT
 BE COMPLETE UNTIL SUCH DRAFT STATEMENT HAS BEEN FILED  AND  ACCEPTED  BY
 THE  AGENCY AS SATISFACTORY WITH RESPECT TO SCOPE, CONTENT, AND ADEQUACY
 FOR PURPOSES OF SUBDIVISION FOUR OF THIS SECTION.  COMMENCING UPON  SUCH
 ACCEPTANCE, THE ECONOMIC IMPACT STATEMENT PROCESS SHALL RUN CONCURRENTLY
 WITH OTHER PROCEDURES RELATING TO THE REVIEW AND APPROVAL OF THE ACTION,
 SO  LONG  AS  REASONABLE  TIME  IS PROVIDED FOR PREPARATION, REVIEW, AND
 PUBLIC HEARINGS WITH RESPECT TO THE DRAFT ECONOMIC IMPACT STATEMENT.
   6. TO THE EXTENT POSSIBLE,  THE  ECONOMIC  IMPACT  STATEMENT  PREPARED
 PURSUANT  TO SUBDIVISION TWO OF THIS SECTION, TOGETHER WITH THE COMMENTS
 OF PUBLIC AGENCIES AND MEMBERS OF THE PUBLIC, SHALL BE  FILED  WITH  THE
 GOVERNING  BODY  OF  EACH  MUNICIPALITY FOR WHOSE BENEFIT SUCH AGENCY IS
 ESTABLISHED AND MADE AVAILABLE TO THE PUBLIC  PRIOR  TO  ACTING  ON  THE
 PROPOSAL WHICH IS THE SUBJECT OF THE ECONOMIC IMPACT STATEMENT.
   7.  AN  AGENCY  MAY  CHARGE A FEE TO AN APPLICANT TO RECOVER THE COSTS
 INCURRED IN PREPARING OR CAUSING TO BE PREPARED  OR  REVIEWING  A  DRAFT
 ECONOMIC  IMPACT STATEMENT OR AN ECONOMIC IMPACT STATEMENT ON THE ACTION
 WHICH THE APPLICANT REQUESTS FROM THE AGENCY; PROVIDED, HOWEVER, THAT AN
 APPLICANT MAY NOT BE CHARGED A SEPARATE FEE FOR BOTH THE PREPARATION AND
 REVIEW OF SUCH STATEMENTS. THE TECHNICAL SERVICES OF THE AGENCY  MAY  BE
 MADE AVAILABLE ON A FEE BASIS REFLECTING THE COSTS THEREOF TO A REQUEST-
 ING AGENCY, WHICH FEE OR FEES MAY APPROPRIATELY BE CHARGED BY THE AGENCY
 TO  THE APPLICANT UNDER RULES AND REGULATIONS TO BE ISSUED BY THE AGENCY
 FOR SUCH PURPOSE UNDER SECTION EIGHT HUNDRED FIFTY-EIGHT OF THIS TITLE.
   8. WHEN AN AGENCY DECIDES TO CARRY OUT OR APPROVE AN ACTION WHICH  HAS
 BEEN  THE  SUBJECT  OF  AN  ECONOMIC  IMPACT STATEMENT, IT SHALL MAKE AN
 EXPLICIT FINDING THAT THE REQUIREMENTS OF THIS SECTION HAVE BEEN MET AND
 THAT, CONSISTENT WITH SOCIAL, ECONOMIC, AND  OTHER  ESSENTIAL  CONSIDER-
 ATIONS, TO THE MAXIMUM EXTENT PRACTICABLE, ADVERSE ECONOMIC, SOCIAL, AND
 COMMUNITY EFFECTS REVEALED IN THE ECONOMIC IMPACT STATEMENT PROCESS WILL
 BE MINIMIZED OR AVOIDED.
   9.  The  agency [must] SHALL hold a public hearing with respect to the
 project and the proposed financial assistance being contemplated by  the
 agency  AFTER  THE  COMPLETION  OF  THE FINAL ECONOMIC IMPACT STATEMENT.
 [Said] SUCH public hearing shall be held in a  city,  town,  or  village
 where  the  project  [proposes]  IS PROPOSED to [locate] BE LOCATED.  At
 [said] SUCH public hearing, interested parties shall be provided reason-
 able opportunity, both orally and in writing,  to  present  their  views
 with  respect  to the project AND THE FINAL ECONOMIC IMPACT STATEMENT. A
 PUBLIC HEARING MAY ONLY BE CONVENED IF TWO-THIRDS OF THE  BOARD  MEMBERS

 A. 2145                            11
 
 ARE PRESENT. IF NOT, SUCH PUBLIC HEARING SHALL NOT BE CONVENED AND SHALL
 BE RESCHEDULED, SUBJECT TO THE SAME QUORUM REQUIREMENTS.
   [3.]  10.  The  agency must give at least ten days published notice of
 [said] SUCH public hearing and shall, at the same time,  provide  notice
 of  such  hearing  to  the  chief executive officer of each affected tax
 jurisdiction within which the project is located. The notice of  hearing
 must  state  the time and place of the hearing, contain a general, func-
 tional description of the project, describe the prospective location  of
 the  project,  identify  the  initial owner, operator, or manager of the
 project, and generally describe the financial assistance contemplated by
 the agency with respect to the project.  THE NOTICE OF HEARING  MUST  BE
 PUBLISHED  IN  THE  STATE  REGISTER  AND THE WEBSITE OF THE AGENCY. SUCH
 ASSISTANCE SHALL ALSO BE CONSISTENT WITH ENVIRONMENTAL PROTECTION,  SUCH
 AS  OPEN SPACE PROTECTION, THAT WILL PROMOTE NEW DEVELOPMENT PATTERNS IN
 ORDER TO TAKE ADVANTAGE OF RESOURCES AND OPPORTUNITIES, SUCH AS EXISTING
 PUBLIC SEWER AND WATER INFRASTRUCTURE, WITHOUT COMPROMISING THE NEEDS OF
 FUTURE GENERATIONS; AND LABOR PROTECTION, INCLUDING ALL FEDERAL,  STATE,
 AND  LOCAL  LABOR LAWS, RULES OR REGULATIONS. THE AGENCY SHALL NOT GRANT
 OR APPROPRIATE ASSISTANCE TO ANY ENTITY THAT HAS COMMITTED VIOLATIONS OF
 ANY FEDERAL, STATE, OR LOCAL LAWS.
   [4.] 11. Each agency shall develop a standard application form,  which
 shall  be used by the agency to accept requests for financial assistance
 from all individuals, firms, companies, developers or other entities  or
 organizations. The standard application form shall be submitted by or on
 behalf of the applicant, and subscribed and affirmed under the penalties
 of  perjury by the applicant, or on behalf of the applicant by the chief
 executive officer or such other individual that is  duly  authorized  to
 bind the applicant, as true, accurate and complete to the best of his or
 her  knowledge.  The standard application form shall include the follow-
 ing, and may include such other supplemental information  as  determined
 to  be  necessary  and  appropriate  by the agency, including supporting
 documents and information provided by or on behalf of the applicant:
   (a) the name and address of the project applicant;
   (b) a description of the proposed project for which financial  assist-
 ance  is requested, including the type of project, proposed location and
 purpose of the project;
   (c) the amount and  type  of  financial  assistance  being  requested,
 including the estimated value of each type of tax exemption sought to be
 claimed by reason of agency involvement in the project;
   (d)  a statement that there is a likelihood that the project would not
 be undertaken but for the financial assistance provided  by  the  agency
 or,  if  the  project  could  be undertaken without financial assistance
 provided by the agency, a statement indicating why the project should be
 undertaken by the agency;
   (e) an estimate of capital costs of the project, including  all  costs
 of  real property and equipment acquisition and building construction or
 reconstruction, financed from private sector sources, an estimate of the
 percentage of project costs financed from public sector sources, and  an
 estimate  of  both  the  amount  to be invested by the applicant and the
 amount to be borrowed to finance the project.
   (f) the projected number of full time equivalent jobs  that  would  be
 retained  and that would be created if the request for financial assist-
 ance is granted, the projected timeframe for the creation of  new  jobs,
 the  estimated  salary and fringe benefit averages or ranges for catego-
 ries of the jobs that would be retained or created if  the  request  for
 financial  assistance is granted, and an estimate of the number of resi-

 A. 2145                            12

 dents of the economic development  region  as  established  pursuant  to
 section  two hundred thirty of the economic development law or the labor
 market area as defined by the agency, in which the  project  is  located
 that  would  fill such jobs. The labor market area defined by the agency
 for this purpose may include no more than six contiguous counties in the
 state, including the county in which the project is to be located;
   (g) a statement to the effect that the provisions of  subdivision  one
 of  section  eight hundred sixty-two of this [chapter] TITLE will not be
 violated if financial assistance is provided for the proposed project;
   (h) a statement that the owner, occupant or operator receiving  finan-
 cial  assistance  is  in  substantial  compliance with applicable local,
 state and federal tax, worker protection and environmental  laws,  rules
 and regulations; and
   (i)  a  statement  acknowledging  that the submission of any knowingly
 false or knowingly misleading information  may  lead  to  the  immediate
 termination  of  any  financial  assistance  and the reimbursement of an
 amount equal to all or part of any tax exemptions claimed by  reason  of
 agency involvement in the project.
   [5.]  12.  Each agency shall develop, and adopt by resolution, uniform
 criteria for the evaluation and selection for each category of  projects
 for  which  financial  assistance  will  be  provided. At a minimum, the
 criteria shall require that, for each project, the following must  occur
 prior to the approval of the provision of financial assistance:
   (a)  an  assessment by the agency of all material information included
 in connection with the application for financial assistance,  as  neces-
 sary  to  afford  a  reasonable  basis for the decision by the agency to
 provide financial assistance for the project;
   (b) a written cost-benefit analysis by the agency that identifies  the
 extent  to  which  a  project  will  create or retain permanent, private
 sector jobs; the estimated value of any tax exemptions to  be  provided;
 the amount of private sector investment generated or likely to be gener-
 ated  by  the  proposed  project;  the  likelihood  of accomplishing the
 proposed project in a timely  fashion;  and  the  extent  to  which  the
 proposed  project will provide additional sources of revenue for munici-
 palities and school districts; and any other public benefits that  might
 occur as a result of the project;
   (c)  a  statement by the applicant that the project, as of the date of
 the application, is in substantial compliance  with  all  provisions  of
 this  article  including,  but  not  limited  to, the provisions of this
 section and subdivision one of section eight hundred sixty-two  of  this
 [chapter] TITLE; and
   (d)  if  the project involves the removal or abandonment of a facility
 or plant within the state, notification by the agency to the chief exec-
 utive officer or officers of the municipality or municipalities in which
 the facility or plant was located.
   [6.] 13. Each agency shall develop a uniform agency project  agreement
 that  sets  forth  terms and conditions under which financial assistance
 shall be provided. The uniform agency project agreement shall be used by
 the agency and no financial assistance shall be provided in the  absence
 of the execution of such an agreement. The uniform agency project agree-
 ment shall, at a minimum:
   (a)  describe  the project and the financial assistance, including the
 amount and type, to be provided, and the agency purpose to be achieved;
   (b) require each project owner, occupant or operator receiving  finan-
 cial  benefits  to provide annually a certified statement and documenta-
 tion:  (i) enumerating the full time equivalent jobs  retained  and  the

 A. 2145                            13
 
 full  time  equivalent jobs created as a result of the financial assist-
 ance, by category, including full time equivalent  independent  contrac-
 tors  or  employees  of independent contractors that work at the project
 location,  and  (ii) indicating that the salary and fringe benefit aver-
 ages or ranges for categories of jobs retained and jobs created that was
 provided in the application is still accurate and if  it  is  not  still
 accurate, providing a revised list of salary and fringe benefit averages
 or ranges for categories of jobs retained and jobs created.
   (c)  indicate the dates when PILOT payments are to be made and provide
 an estimate of the amounts for each affected  tax  jurisdiction  of  any
 payments  in lieu of taxes that are included as part of the transaction,
 or formula or formulas by which those amounts may be calculated. In lieu
 of providing such information, a copy of an executed payment in lieu  of
 tax  agreement that contains the same information may be attached to the
 uniform agency project agreement;
   [(e)] (D) provide for the suspension or  discontinuance  of  financial
 assistance, or for the modification of any payment in lieu of tax agree-
 ment  to  require increased payments, in accordance with policies devel-
 oped by the agency pursuant to section  eight  hundred  seventy-four  of
 this title;
   [(f)]  (E)  provide  for  the return of all or a part of the financial
 assistance provided for the project, including all or part of the amount
 of any tax exemptions, which shall be redistributed to  the  appropriate
 affected  tax jurisdiction, as provided for in policies developed by the
 agency pursuant to section eight hundred  seventy-four  of  this  title,
 unless agreed to otherwise by any local taxing jurisdiction or jurisdic-
 tions; and
   [(g)]  (F)  provide  that  the  owner,  occupant or operator receiving
 financial assistance shall certify, under penalty of perjury, that it is
 in substantial compliance with all local, state and federal tax,  worker
 protection and environmental laws, rules and regulations.
   §  8.  Section  860  of the general municipal law, as added by chapter
 1030 of the laws of 1969, is amended to read as follows:
   § 860. Moneys of the agency. The agency shall have power  to  contract
 with  the  holders  of  any  of  its  bonds  or notes as to the custody,
 collection, securing, investment and payment of any moneys of the agency
 or any moneys held in trust or otherwise for the  payment  of  bonds  or
 notes  or  in any way to secure bonds or notes and to carry out any such
 contract. Moneys held in trust or otherwise for the payment of bonds  or
 notes or in any way to secure bonds or notes and deposits of such moneys
 may be secured in the same manner as moneys of the agency, and all banks
 and trust companies are authorized to give such security for such depos-
 its.    ANY  LEASE  PAYMENTS,  REVENUES, OR OTHER EARNINGS OF THE AGENCY
 SHALL BE PAID TO THE LOCAL GOVERNING BODY OF THE MUNICIPALITY FOR  WHOSE
 BENEFIT SUCH AGENCY IS ESTABLISHED.
   §  9.  Section 882 of the general municipal law, as amended by chapter
 373 of the laws of 2012, is amended and a new section 882-a is added  to
 read as follows:
   §  882.  Termination of the agency. Whenever all of the bonds or notes
 issued by the agency shall have been  redeemed  or  cancelled,  and  all
 straight-lease transactions have been terminated, the agency shall cease
 to  exist  and  all rights, titles, and interest and all obligations and
 liabilities thereof vested in or possessed by the agency shall thereupon
 vest in and be possessed by the municipality.  AFTER OCTOBER FIRST,  TWO
 THOUSAND   TWENTY-THREE,   NON-COUNTY  INDUSTRIAL  DEVELOPMENT  AGENCIES

 A. 2145                            14
 
 CREATED UNDER TITLE TWO OF THIS ARTICLE SHALL NOT BE ABLE TO  ISSUE  ANY
 FURTHER BONDS OR NOTES.
   §  882-A.  PROHIBITION  OF  LOCAL INDUSTRIAL DEVELOPMENT AGENCIES.  NO
 FURTHER INDUSTRIAL DEVELOPMENT AGENCIES MAY BE CREATED UNLESS THEY ARE A
 COUNTY-WIDE INDUSTRIAL DEVELOPMENT AGENCY.
   § 10. The general municipal law is amended by adding two new  sections
 885 and 885-a to read as follows:
   §  885.  PREVAILING WAGE.  WHENEVER A RECIPIENT OF INDUSTRIAL DEVELOP-
 MENT AGENCY FUNDS, FINANCIAL ASSISTANCE, OR OTHER  BENEFIT  ENTERS  INTO
 ANY  CONTRACT, SUBCONTRACT, LEASE, GRANT, BOND, COVENANT OR OTHER AGREE-
 MENT FOR OR IN CONNECTION  WITH  ANY  CONSTRUCTION,  DEMOLITION,  RECON-
 STRUCTION,  EXCAVATION,  REHABILITATION, REPAIR, RENOVATION, ALTERATION,
 OR IMPROVEMENT PROJECT, SUCH PROJECT SHALL BE  DEEMED  TO  BE  A  PUBLIC
 WORKS  PROJECT  FOR  THE PURPOSES OF ARTICLE EIGHT OF THE LABOR LAW, AND
 ALL OF THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW SHALL BE  APPLI-
 CABLE  TO  ALL THE WORK INVOLVED IN THE CONSTRUCTION, DEMOLITION, RECON-
 STRUCTION, EXCAVATION, REHABILITATION, REPAIR,  RENOVATION,  ALTERATION,
 OR  IMPROVEMENT  OF  SUCH  PROJECT.  FUNDS, FINANCIAL ASSISTANCE, OR ANY
 OTHER BENEFITS PROVIDED PURSUANT TO THIS ARTICLE SHALL NOT  BE  UTILIZED
 FOR  OR IN CONNECTION WITH THE CONSTRUCTION, DEMOLITION, RECONSTRUCTION,
 EXCAVATION, REHABILITATION, REPAIR, RENOVATION, ALTERATION, OR  IMPROVE-
 MENT  OF  ANY  PROJECT  TO  WHICH THE PROVISIONS OF ARTICLE EIGHT OF THE
 LABOR LAW ARE NOT APPLICABLE.
   § 885-A.  RECAPTURE. IF A RECIPIENT ENTITY OF AGENCY  ASSISTANCE  DOES
 NOT  ABIDE BY ANY PROVISION OF THIS ARTICLE OR REQUIREMENT MADE APPLICA-
 BLE PURSUANT TO THE AUTHORITY OF THIS ARTICLE, IT SHALL PAY BACK TO  THE
 AGENCY  THAT  FRACTION  OF  DEVELOPMENTAL ASSISTANCE THAT ACCRUED TO ITS
 BENEFIT FOR THE CALENDAR YEAR IN WHICH THE BENEFIT OCCURRED, PLUS INTER-
 EST AT A RATE DETERMINED BY THE GRANTING AGENCY. FOR ONE-TIME  FORMS  OF
 ASSISTANCE  SUCH  AS GRANTS OR LAND PRICE DISCOUNTS, A DEFAULTING ENTITY
 SHALL PAY BACK TO THE GRANTING AGENCY ONE-FIFTH OF THE VALUE OF  ASSIST-
 ANCE.  REMITTANCE  OF  THE  PAYBACK  BY A RECIPIENT ENTITY TO A GRANTING
 AGENCY SHALL TAKE PLACE WITHIN SIXTY CALENDAR DAYS OF  THE  DELIVERY  OF
 THE DEFAULT NOTICE TO THE RECIPIENT ENTITY.
   §  11.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided, however, that  the  provisions  of  section
 seven of this act shall take effect immediately.