NY State Senate Bill 2021-S5711A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 14, 2022	reported and committed to finance
Feb 23, 2022	print number 5711a
Feb 23, 2022	amend and recommit to corporations, authorities and commissions
Jan 05, 2022	referred to corporations, authorities and commissions
Mar 16, 2021	referred to corporations, authorities and commissions

Votes

- Mar 14, 2022 - Corporations, Authorities And Commissions Committee Vote
  S5711A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Corporations, Authorities And Commissions Committee Vote: Mar 14, 2022
      
      aye (7)
      
      Comrie
      
      Gaughran
      
      Martucci
      
      Mattera
      
      Mayer
      
      Ramos
      
      Skoufis

Bill Amendments

Original

A (Active)

co-Sponsors

2021-S5711 - Details

See Assembly Version of this Bill:: A8325
Current Committee:: Senate Finance
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §58, UDC Act; amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6613
2019-2020: S2815

2021-S5711 - Summary

Relates to the creation of a searchable database; requires the Urban Development Corporation to create or modify an existing searchable database including information on qualified participants receiving state economic development benefits.

2021-S5711 - Sponsor Memo

                                
 
BILL NUMBER: S5711

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act and
the economic development law, in relation to the creation of a searcha-
ble database

 
PURPOSE OF THE BILL:

This bill would require the Urban Development Corporation to create and
maintain a searchable State subsidy and economic development benefits
database.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Urban Development Corporation with the
Commissioner of Economic Development to establish a searchable State
subsidy and economic development benefits database. The database would
include the name and location of the participant, the time span of

received economic development benefits, the type of benefit received,
the total number of employees at all sites of a project, the number of
jobs a participant is obligated to retain and create during the project,
the amount of economic development benefits received for the current
reporting year, and a statement of compliance indicating if any other
State agency has reduced, cancelled or recaptured economic development
benefits from a participant. The database must also have the ability to
narrow a search by individual fields, be able to be downloaded entirely
or in parts, allow contract and award agreements to be downloaded and
provide definitions for each field term and summary of each economic
development benefit available. It would be required that the UDC certi-
fies it has met the reporting requirement by posting to its website and
providing updates on a quarterly basis.

 
JUSTIFICATION:

New York State spends billions of dollars each year on economic develop-
ment programs which can be crucial tools to help our state's manufactur-
ers, small businesses, entrepreneurs, and emerging technology sectors
grow, thrive, and create jobs within the state.  However, it is abso-
lutely essential that the State's economic development programs are
administered in a responsible, transparent, and open manner, and that
the performance of the programs can be reliably and accurately measured
so that policymakers and the public are able to make informed decisions
about future allocation of the State's resources. Entities receiving
state assistance often receive subsidies from multiple State funds or
programs, which can have different reporting requirements, making it
difficult for all but the most seasoned observers to track exactly how
much funding any given entity is receiving. The current lack of clarity
in reported program metrics and the flow of economic development funds
not only makes such decisions difficult, but invites criticism and scru-
tiny of the public accountability and openness of the State's programs.

To date, six other states have created and implemented searchable data-
bases which allow citizens to review programs administered by the state.
The creation of a comprehensive searchable database of all State subsidy
and economic development benefits would provide New York State citizens
and policy makers with an important tool to monitor the use of taxpayer
money to grow our state's economy and create jobs. The public deserves
to know whether their money is being invested wisely and whether they
are receiving an appropriate return on their investment.

 
PRIOR LEGISLATIVE HISTORY:

S.6613-B of 2017-18 1 Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
Ninety days after enactment.

2021-S5711 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5711
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced  by Sens. COMRIE, ADDABBO, SALAZAR, SKOUFIS -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Corporations, Authorities and Commissions
 
 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 57 to read as follows:
   § 57. 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
 CREATED  BY  ANY  OF  THE  PRECEDING  OR THAT ARE GOVERNED BY A BOARD OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD10062-01-1

 S. 5711                             2
 
 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
 CURRENT  REPORTING  YEAR,  INCLUDING  THE  NUMBER OF PERMANENT FULL-TIME

 S. 5711                             3
 
 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  TWENTY-TWO,  THE  CORPO-
 RATION  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-SEVEN OF THE URBAN DEVEL-
 OPMENT CORPORATION ACT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    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.

co-Sponsors

View additional co-sponsors

2021-S5711A (ACTIVE) - Details

See Assembly Version of this Bill:: A8325
Current Committee:: Senate Finance
Law Section:: New York State Urban Development Corporation Act
Laws Affected:: Add §58, UDC Act; amd §100, Ec Dev L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S6613
2019-2020: S2815

2021-S5711A (ACTIVE) - Summary

2021-S5711A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5711A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the New York state urban development corporation act and
the economic development law, in relation to the creation of a searcha-
ble database

 
PURPOSE OF THE BILL:

This bill would require the Urban Development Corporation to create and
maintain a searchable State subsidy and economic development benefits
database.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would require the Urban Development Corporation with the
Commissioner of Economic Development to establish a searchable State
subsidy and economic development benefits database. The database would
include the name and location of the participant, the time span of
received economic development benefits, the type of benefit received,

the total number of employees at all sites of a project, the number of
jobs a participant is obligated to retain and create during the project,
the amount of economic development benefits received for the current
reporting year, and a statement of compliance indicating if any other
State agency has reduced, cancelled or recaptured economic development
benefits from a participant. The database must also have the ability to
narrow a search by individual fields, be able to be downloaded entirely
or in parts, allow contract and award agreements to be downloaded and
provide definitions for each field term and summary of each economic
development benefit available. It would be required that the UDC certi-
fies it has met the reporting requirement by posting to its website and
providing updates on a quarterly basis.

 
JUSTIFICATION:

New York State spends billions of dollars each year on economic develop-
ment programs which can be crucial tools to help our state's manufactur-
ers, small businesses, entrepreneurs, and emerging technology sectors
grow, thrive, and create jobs within the state.  However, it is abso-
lutely essential that the State's economic development programs are
administered in a responsible, transparent, and open manner, and that
the performance of the programs can be reliably and accurately measured
so that policymakers and the public are able to make informed decisions
about future allocation of the State's resources. Entities receiving
state assistance often receive subsidies from multiple State funds or
programs, which can have different reporting requirements, making diffi-
cult for all but the most seasoned observers to track exactly how much
funding any given entity is receiving. The current lack of clarity in
reported program metrics and the flow of economic development funds not
only makes such decisions difficult, but invites criticism and scrutiny
of the public accountability and openness of the State's programs.

To date, six other states have created and implemented searchable data-
bases which allow citizens to review programs administered by the state.
The creation of a comprehensive searchable database of all State subsidy
and economic development benefits would provide New York State citizens
and policy makers with an important tool to monitor the use of taxpayer
money to grow our state's economy and create jobs. The public deserves
to know whether their money is being invested wisely and whether they
are receiving an appropriate return on their investment.

 
PRIOR LEGISLATIVE HISTORY:

S.6613-B of 2017-18 1 Passed Senate.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

Undetermined.

 
EFFECTIVE DATE:
Ninety days after enactment.

2021-S5711A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5711--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced by Sens. COMRIE, ADDABBO, GOUNARDES, SALAZAR, SKOUFIS -- read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee on Corporations, Authorities and Commissions --  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 commit-
   tee
 
 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 58 to read as follows:
   §  58.  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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10062-03-1
 S. 5711--A                          2

 
 SUBSEQUENTLY ALLOCATED TO ANOTHER  STATE  AGENCY  OR  OTHER  INDEPENDENT
 ENTITIES FOR THEM TO MAKE SUCH AWARDS TO QUALIFIED RECIPIENTS;
   (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-
 S. 5711--A                          3
 
 ING  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 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.
 S. 5711--A                          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-TWO, THE CORPO-
 RATION 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-EIGHT OF THE URBAN  DEVEL-
 OPMENT CORPORATION ACT.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. 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.

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Senate Bill S5711A

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Mar 14, 2022 - Corporations, Authorities And Commissions Committee Vote

Corporations, Authorities And Commissions Committee Vote: Mar 14, 2022

Bill Amendments

co-Sponsors

2021-S5711 - Details

2021-S5711 - Summary

2021-S5711 - Sponsor Memo

2021-S5711 - Bill Text download pdf

co-Sponsors

2021-S5711A (ACTIVE) - Details

2021-S5711A (ACTIVE) - Summary

2021-S5711A (ACTIVE) - Sponsor Memo

2021-S5711A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5711A

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Bill Amendments

co-Sponsors

2021-S5711 - Details

2021-S5711 - Summary

2021-S5711 - Sponsor Memo

2021-S5711 - Bill Text download pdf

co-Sponsors

2021-S5711A (ACTIVE) - Details

2021-S5711A (ACTIVE) - Summary

2021-S5711A (ACTIVE) - Sponsor Memo

2021-S5711A (ACTIVE) - Bill Text download pdf

Comments