S T A T E O F N E W Y O R K
________________________________________________________________________
1275--A
2021-2022 Regular Sessions
I N S E N A T E
January 8, 2021
___________
Introduced by Sens. KRUEGER, BIAGGI, GOUNARDES, LIU, MAY, SERRANO,
SKOUFIS -- read twice and ordered printed, and when printed to be
committed to the Committee on Corporations, Authorities and Commis-
sions -- recommitted to the Committee on Corporations, 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 public authorities law, in relation to establishing
a local authorities searchable subsidy and economic development bene-
fits database; to amend the general municipal law, in relation to the
obligations of certain industrial development agencies; and to amend
the not-for-profit corporation law, in relation to the status of
certain local development corporations
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 8 to read as follows:
§ 8. LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND ECONOMIC DEVELOPMENT
BENEFITS DATABASE. (1) FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN:
(I) FUNDS MADE AVAILABLE BY A LOCAL AUTHORITY, INCLUDING WITHOUT LIMI-
TATION ANY ENTITY CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN
HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC
DEVELOPMENT, OR JOB CREATION PURPOSES INCLUDING, BUT NOT LIMITED TO,
GRANTS, LOANS, LOAN GUARANTEES, LOAN INTEREST SUBSIDIES, AND SUBSIDIES;
AND
(II) TAX CREDITS, TAX EXEMPTIONS, REDUCED TAX RATES OR OTHER TAX
INCENTIVES WHICH ARE APPLIED FOR AND PREAPPROVED OR CERTIFIED BY OR ON
BEHALF OF A LOCAL AUTHORITY, INCLUDING WITHOUT LIMITATION ANY ENTITY
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05752-02-2
S. 1275--A 2
CREATED INCORPORATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE
NOT-FOR-PROFIT CORPORATION LAW, FOR ECONOMIC DEVELOPMENT.
(B) "ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS" SHALL MEAN THOSE
ECONOMIC DEVELOPMENT BENEFITS MADE AVAILABLE TO THE LOCAL AUTHORITY,
INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPORATED PURSUANT TO
SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT CORPORATION LAW,
BY A STATE ENTITY TO AWARD SUCH BENEFITS TO QUALIFIED RECIPIENTS.
(C) "QUALIFIED PARTICIPANT" SHALL MEAN A PERSON, BUSINESS, LIMITED
LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR AND
RECEIVED BENEFITS AS DEFINED IN PARAGRAPH (A) OF THIS SUBDIVISION.
(D) "FULL-TIME EQUIVALENT" SHALL MEAN A UNIT OF MEASURE, WHICH IS
EQUAL TO ONE FILLED, FULL-TIME, ANNUAL-SALARIED POSITION.
(E) "PROJECT HIRES" SHALL MEAN A JOB IN WHICH AN INDIVIDUAL IS HIRED
FOR A SEASON OR FOR A LIMITED PERIOD OF TIME.
(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.
(G) "THE OFFICE" SHALL MEAN THE AUTHORITIES BUDGET OFFICE.
(I) "THE DATABASE" OR "THE SEARCHABLE DATABASE" SHALL MEAN THE DATA-
BASE CREATED PURSUANT TO SUBDIVISION TWO OF THIS SECTION.
(J) "THE PROJECT" SHALL MEAN SPECIFIC WORK, ACTION, ENDEAVOR, CONTRACT
OR AGREEMENT FOR WHICH ANY ECONOMIC BENEFIT AS DEFINED IN PARAGRAPHS (A)
AND (B) OF THIS SUBDIVISION, IS MADE AVAILABLE OR AWARDED BY A LOCAL
AUTHORITY TO, INCLUDING WITHOUT LIMITATION ANY ENTITY CREATED INCORPO-
RATED PURSUANT TO SECTION FOURTEEN HUNDRED ELEVEN OF THE NOT-FOR-PROFIT
CORPORATION LAW, TO A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR
ANY OTHER ENTITY.
2. NOTWITHSTANDING ANY LAWS TO THE CONTRARY, THE OFFICE SHALL CREATE A
SEARCHABLE DATABASE, DISPLAYING DATA REGARDING ECONOMIC DEVELOPMENT
BENEFITS THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED. SUCH DATABASE
SHALL ALSO SEPARATELY DISPLAY DATA REGARDING ADDITIONAL STATE ECONOMIC
DEVELOPMENT BENEFITS AND THE AGGREGATE TOTAL OF BENEFITS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, TO THE EXTENT THAT
SUCH DATA HAS BEEN MADE AVAILABLE TO AND IS RECEIVED BY THE OFFICE IN
THE FORM AND MANNER PRESCRIBED BY THE OFFICE. SUCH SEARCHABLE DATABASE
SHALL INCLUDE, AT A MINIMUM, THE FOLLOWING DATA, FEATURES AND FUNCTION-
ALITY TO THE EXTENT PRACTICABLE:
(A) THE ABILITY TO SEARCH THE DATABASE BY EACH OF THE REPORTED INFOR-
MATION FIELDS;
(B) THE ABILITY TO BE SEARCHABLE, DOWNLOADABLE, AND UPDATED QUARTERLY,
AND POSTED ON A PUBLICLY ACCESSIBLE WEBSITE AS WELL AS REFERENCED ON THE
OFFICE'S WEBSITE, WITH A DIRECT LINK TO THE DATABASE;
(C) THE FOLLOWING DATA ON PROJECTS SHALL BE INCLUDED:
(I) A QUALIFIED PARTICIPANT'S NAME AND PROJECT, PROJECT LOCATION, THE
PROJECT'S COMPLETE ADDRESS, INCLUDING THE POSTAL CODE IN A SEPARATE AND
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 ECONOMIC DEVELOPMENT BENEFITS, AS DEFINED IN
PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION, PROVIDED TO A QUALI-
FIED PARTICIPANT, INCLUDING THE NAME OF THE PROGRAM OR PROGRAMS THROUGH
WHICH SUCH BENEFITS ARE PROVIDED, AND DETAILS AS TO WHETHER SUCH
PROGRAMS ARE GRANTS OR TAX CREDIT PROGRAMS AS A SEPARATE AND SEARCHABLE
FIELD. SUCH DATA SHALL BE PROVIDED TO THE EXTENT PRACTICABLE FOR ALL
CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
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(IV) THE TOTAL NUMBER OF EMPLOYEES AT ALL ENTITIES UTILIZING SUCH
ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A) OF SUBDIVISION
ONE OF THIS SECTION, AT THE TIME OF THE AGREEMENT, INCLUDING THE NUMBER
OF FULL-TIME EQUIVALENTS, PROVIDED THAT ANY PROJECT HIRES OR PART-TIME
JOBS SHALL BE DISPLAYED IN SEPARATE FIELDS AND MAY BE CONVERTED TO FULL-
TIME EQUIVALENTS AND DENOTED AS SUCH, TO THE EXTENT PRACTICABLE FOR ALL
CONTRACTS INITIATED SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS SECTION;
(V) FOR ANY ECONOMIC DEVELOPMENT BENEFITS AS DEFINED IN PARAGRAPH (A)
OF SUBDIVISION ONE OF THIS SECTION THAT PROVIDES FOR JOB RETENTION OR
JOB CREATION, THAT A QUALIFIED PARTICIPANT HAS BEEN AWARDED, THE TOTAL
JOB CREATION COMMITMENTS, JOB RETENTION COMMITMENTS, JOB CREATION ACTUAL
NUMBER, AND THE JOB RETENTION ACTUAL NUMBER, DISPLAYED IN TERMS OF FULL-
TIME EQUIVALENTS WHERE ANY PROJECT HIRES OR PART-TIME JOBS MAY BE
CONVERTED TO FULL-TIME EQUIVALENTS AND DENOTED AS SUCH, THE ACTUAL AVER-
AGE WAGE BY OCCUPATION OR JOB CLASSIFICATION AND TOTAL PAYROLL TO BE
CREATED AS A RESULT OF THE BENEFITS, SHALL BE PROVIDED, EACH DISPLAYED
AS SEPARATE AND SEARCHABLE FIELDS;
(VI) THE TOTAL AND SEPARATE AMOUNT OF ECONOMIC DEVELOPMENT BENEFITS
DEFINED IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION RECEIVED BY
A QUALIFIED PARTICIPANT TO DATE;
(VII) THE TOTAL PUBLIC-PRIVATE INVESTMENT MADE TO A PROJECT, TOTAL
PUBLIC FUNDING RECEIVED BY A PROJECT, AND PROJECT STATUS;
(VIII) DETAILS RELATED TO INDIVIDUAL PROJECT COMPLIANCE INDICATING
WHETHER, DURING THE CURRENT REPORTING QUARTER, THE ENTITY MANAGING THE
AWARD HAS REDUCED, CANCELLED, OR RECAPTURED ANY ECONOMIC DEVELOPMENT
BENEFITS OR ADDITIONAL STATE ECONOMIC DEVELOPMENT BENEFITS FROM A QUALI-
FIED PARTICIPANT, AND, IF SO, THE TOTAL AMOUNT OF THE REDUCTION, CANCEL-
LATION, OR RECAPTURE. SEPARATELY, A NOTATION OF PENALTIES ASSESSED SHALL
BE DISPLAYED IN A SEPARATE AND SEARCHABLE FIELD, AS WELL AS THE REASONS
THEREFOR IN ANOTHER SEPARATE AND SEARCHABLE FIELD;
(IX) THE ABILITY TO DIGITALLY SELECT DEFINED INDIVIDUAL FIELDS CORRE-
SPONDING TO ANY OF THE REPORTED INFORMATION FROM QUALIFIED PARTICIPANTS
TO CREATE UNIQUE DATABASE VIEWS;
(X) THE ABILITY TO DOWNLOAD THE DATABASE IN ITS ENTIRETY, OR IN PART,
IN A COMMON MACHINE READABLE FORMAT;
(XI) A DEFINITION OR DESCRIPTION OF TERMS FOR FIELDS IN THE DATABASE;
(XII) A SUMMARY OF EACH SEPARATE ECONOMIC DEVELOPMENT BENEFIT DEFINED
IN PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION AWARDED TO QUALIFIED
PARTICIPANTS;
(XIII) A USER-FRIENDLY GUIDE TO OUTLINE THE FEATURES AND FUNCTIONALITY
OF THE DATABASE; AND
(XIV) A DEDICATED EMAIL ACCOUNT FOR THE PUBLIC TO DIRECT QUESTIONS
RELATED TO THE DATABASE, AND THE OFFICE MAILING ADDRESS, OFFICE TELE-
PHONE NUMBER, AND NAME OF THE CHIEF OFFICER OF THE GRANTING BODY.
3. DATA RELATED TO SUBPARAGRAPHS (I) THROUGH (VI) OF PARAGRAPH (C) OF
SUBDIVISION TWO OF THIS SECTION SHALL BE ANALYZED FOR QUALITY AND ACCU-
RACY BY THE ENTITY OR AUTHORITY PROVIDING SUCH FUNDING TO QUALIFIED
RECIPIENTS AND MANAGING THE CONTRACTS RELATED THERETO. UPON SUBMISSION
OF SUCH DATA TO THE OFFICE FOR INCLUSION IN THE DATABASE, ALL AWARDING
ENTITIES SHALL CERTIFY TO THE OFFICE THAT EACH FIELD OF PROJECT DATA
ACCURATELY SUMMARIZES PROJECT INVESTMENTS AND AMOUNTS AND CONTAINS NO
KNOWN MISREPRESENTATION OF MATERIAL FACTS.
4. UPON REQUEST THE OFFICE SHALL PROVIDE, OR DIRECT TO A SOURCE
PROVIDING, IN AN ELECTRONICALLY ACCESSIBLE AND DOWNLOADABLE FORM, ANY
CONTRACTS OR AWARD AGREEMENTS FOR PROJECTS INCLUDED IN THE DATABASE, TO
THE EXTENT SUCH CONTRACTS OR AWARD AGREEMENTS ARE AVAILABLE TO THE
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PUBLIC PURSUANT TO ARTICLE SIX OF THE PUBLIC OFFICERS LAW OR ANY OTHER
LAW. SUCH CONTRACTS MAY, UPON REQUEST FROM THE OFFICE, BE SHARED BY THE
ENTITY HOLDING AND MANAGING SUCH CONTRACT.
5. THE OFFICE MAY REQUEST ANY DATA FROM QUALIFIED PARTICIPANTS THAT IS
NECESSARY AND REQUIRED IN DEVELOPING, UPDATING, AND MAINTAINING THE
SEARCHABLE DATABASE. SUCH QUALIFIED PARTICIPANTS SHALL PROVIDE ANY SUCH
INFORMATION REQUESTED BY THE OFFICE.
6. THE OFFICE SHALL PRESCRIBE THE FORM AND MANNER IN WHICH A LOCAL
AUTHORITY AWARDING OTHER STATE AGENCY ECONOMIC DEVELOPMENT BENEFITS
SHALL SUBMIT INFORMATION AND DATA REGARDING OTHER STATE AGENCY BENEFITS
AS REQUIRED FOR DEVELOPING, UPDATING, AND MAINTAINING THE DATABASE AND
PUBLISH GUIDELINES AS NEEDED TO FACILITATE RECEIPT OF SUCH DATA TO
COMPLY WITH THE PROVISIONS OF THIS SECTION, INCLUDING THE SUBMISSION
PROVISIONS OF SUBDIVISION THREE OF THIS SECTION. THE CORPORATION, TO THE
EXTENT PRACTICABLE, SHALL NOTE ON THE DATABASE WHERE A STATE AGENCY OR
AUTHORITY FAILED TO SUBMIT THE REQUIRED DATA.
7. TO EFFECTUATE THE PURPOSES OF THIS SECTION, THE OFFICE MAY REQUEST
AND SHALL RECEIVE FROM ANY DEPARTMENT, DIVISION, BOARD, BUREAU, COMMIS-
SION OR OTHER AGENCY OF THE STATE, OR ANY STATE OR LOCAL PUBLIC AUTHORI-
TY SUCH ASSISTANCE, INFORMATION AND DATA AS WILL ENABLE THE OFFICE TO
CARRY OUT ITS POWERS AND DUTIES UNDER THIS SECTION.
§ 2. Section 2807 of public authorities law, as added by section 3 of
part NNN of chapter 58 of the laws of 2022, is amended to read as
follows:
§ 2807. 1. Reporting for searchable state subsidy and aggregate
economic development benefits database. Notwithstanding any other
provision of law to the contrary, every state authority shall submit to
the urban development corporation, and update quarterly, in the form and
manner prescribed by the urban development corporation, any and all data
and information as necessary for developing, updating, and maintaining
the database established in section fifty-eight of section one of chap-
ter one hundred seventy-four of the laws of nineteen hundred sixty-
eight, constituting the New York state urban development corporation
act, regarding economic development benefits, as such term is defined in
such section, awarded by such state authority. A state authority may
request and shall receive any data from an individual, business, limited
liability corporation or any other entity that has applied for and
received approval for, or is the beneficiary of, any such economic
development benefits, as is necessary and required to comply with this
section.
2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A LOCAL
AUTHORITY SHALL SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE
QUARTERLY, IN THE FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET
OFFICE, ANY AND ALL DATA AND INFORMATION AS NECESSARY FOR DEVELOPING,
UPDATING, AND MAINTAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF
THE PUBLIC AUTHORITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS
THE TERM IS DEFINED THEREIN, AWARDED BY SUCH AUTHORITY. A LOCAL AUTHORI-
TY MAY REQUEST AND SHALL RECEIVE ANY DATA FROM A PERSON, BUSINESS,
LIMITED LIABILITY CORPORATION OR ANY OTHER ENTITY THAT HAS APPLIED FOR
AND RECEIVED APPROVAL FOR OR IS THE BENEFICIARY OF, ANY SUCH ECONOMIC
DEVELOPMENT BENEFITS, AS IS NECESSARY AND REQUIRED TO COMPLY WITH THIS
SECTION.
§ 3. The general municipal law is amended by adding a new section
859-d to read as follows:
§ 859-D. REPORTING FOR THE LOCAL AUTHORITIES SEARCHABLE SUBSIDY AND
ECONOMIC DEVELOPMENT BENEFITS DATABASE. NOTWITHSTANDING ANY OTHER
S. 1275--A 5
PROVISION OF LAW TO THE CONTRARY, AN INDUSTRIAL DEVELOPMENT AGENCY SHALL
SUBMIT TO THE AUTHORITIES BUDGET OFFICE, AND UPDATE QUARTERLY, IN THE
FORM AND MANNER PRESCRIBED BY THE AUTHORITIES BUDGET OFFICE, ANY AND ALL
DATA AND INFORMATION AS NECESSARY FOR DEVELOPING, UPDATING, AND MAIN-
TAINING THE DATABASE ESTABLISHED IN SECTION EIGHT OF THE PUBLIC AUTHOR-
ITIES LAW, REGARDING ECONOMIC DEVELOPMENT BENEFITS, AS THE TERM IS
DEFINED THEREIN, AWARDED BY SUCH INDUSTRIAL DEVELOPMENT AGENCY. AN
INDUSTRIAL DEVELOPMENT AGENCY MAY REQUEST AND SHALL RECEIVE ANY DATA
FROM A PERSON, BUSINESS, LIMITED LIABILITY CORPORATION OR ANY OTHER
ENTITY THAT HAS APPLIED FOR AND RECEIVED APPROVAL FOR OR IS THE BENEFI-
CIARY OF, ANY SUCH ECONOMIC DEVELOPMENT BENEFITS, AS IS NECESSARY AND
REQUIRED TO COMPLY WITH THIS SECTION.
§ 4. Paragraph (i) of section 1411 of the not-for-profit corporation
law is amended and a new paragraph (j) is added to read as follows:
(i) Effect of section.
Corporations incorporated or reincorporated under this section shall
be organized and operated exclusively for the purposes set forth in
paragraph (a) OF THIS SECTION, shall have, in addition to the powers
otherwise conferred by law, the powers conferred by paragraph (c) OF
THIS SECTION and shall be subject to all the restrictions and limita-
tions imposed by paragraph (e) [and], paragraph (g), AND PARAGRAPH (J)
OF THIS SECTION. In so far as the provisions of this section are incon-
sistent with the provisions of any other law, general or special, the
provisions of this section shall be controlling as to corporations
incorporated or reincorporated hereunder.
(J) PUBLIC AUTHORITIES LAW.
NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A CORPO-
RATION INCORPORATED OR REINCORPORATED UNDER THIS SECTION SHALL BE
CONSIDERED A LOCAL AUTHORITY UNDER THE PUBLIC AUTHORITIES LAW, AND BE
SUBJECT TO THE PROVISIONS OF SECTION TWENTY-EIGHT HUNDRED SEVEN OF THE
PUBLIC AUTHORITIES LAW.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.