S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    363
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 6, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Economic Development
 
 AN ACT to amend the economic development law and the state finance  law,
   in  relation  to certain requirements for and restrictions on economic
   development grant recipients

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This  act  shall  be  known and may be cited as the "jobs
 protection act".
   § 2. Subdivision 19 of section 100 of the economic development law  is
 amended by adding a new paragraph (c) to read as follows:
   (C)  TO  ADOPT  REGULATIONS IN ACCORDANCE WITH SECTION ELEVEN-A OF THE
 STATE FINANCE LAW, TO ESTABLISH THE TERMS AND CONDITIONS  OF  REPAYMENT,
 INCLUDING  SPECIFYING  THE  CONDITIONS  UNDER  WHICH  REPAYMENT  MAY  BE
 DEFERRED, FOLLOWING A DETERMINATION BY THE COMMISSION  OF  A  LEGITIMATE
 HARDSHIP.
   §  3. The state finance law is amended by adding a new section 11-a to
 read as follows:
   § 11-A. REQUIREMENTS FOR ECONOMIC DEVELOPMENT GRANT  RECIPIENTS.    1.
 ANY  PERSON  OR  BUSINESS  ORGANIZATION  THAT RECEIVES AN AWARD OR GRANT
 THROUGH ANY ECONOMIC DEVELOPMENT PROGRAM, WHERE SUCH AWARD OR GRANT ALSO
 REQUIRES THE CREATION OF JOBS, SHALL NOT REDUCE THE NUMBER OF  EMPLOYEES
 WHO  WERE  EMPLOYED WITHIN THE STATE AT THE TIME SUCH PERSON OR BUSINESS
 ORGANIZATION ACCEPTED THE FINANCIAL  ASSISTANCE  FOR  FIVE  YEARS  AFTER
 RECEIVING  SUCH  ASSISTANCE  OR  DURING  THE TERM OF THE AWARD OR GRANT,
 WHICHEVER IS LONGER, UNLESS THE FULL AMOUNT OF ASSISTANCE IS  REPAID  TO
 THE  STATE  AND  A PENALTY EQUAL TO FIVE PERCENT OF THE TOTAL ASSISTANCE
 RECEIVED IS PAID TO THE STATE. AS USED IN THIS SECTION, THE TERM  "BUSI-
 NESS" SHALL INCLUDE ANY DIVISION OF A BUSINESS OR SUBSIDIARY INSTITUTION
 CONTROLLED, DIRECTLY OR INDIRECTLY, BY ANOTHER INSTITUTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01593-01-3
 A. 363                              2
              

 
   2.  THE  COMMISSIONER  OF  ECONOMIC DEVELOPMENT SHALL CONSULT WITH THE
 COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  TO  DETER-
 MINE  WHETHER  AN  APPLICANT  FOR AN ECONOMIC DEVELOPMENT GRANT HAS BEEN
 FOUND TO BE IN VIOLATION OF  ANY  LAWS,  RULES  OR  REGULATIONS  OF  THE
 DEPARTMENT.
   3. NO APPLICANT SHALL BE AWARDED AN ECONOMIC DEVELOPMENT GRANT IF SUCH
 APPLICANT  HAS  BEEN FINED MORE THAN TEN THOUSAND DOLLARS, IN THE AGGRE-
 GATE, FOR VIOLATIONS BY THE  OCCUPATIONAL  SAFETY  AND  HEALTH  ADMINIS-
 TRATION WITHIN THE TEN YEARS PRECEDING THE TIME OF APPLICATION.
   4.  APPLICANTS  FOR  ECONOMIC  DEVELOPMENT  GRANTS  SHALL  PROVIDE THE
 FOLLOWING INFORMATION IN CONNECTION WITH ANY APPLICATION: (A) NUMBER AND
 TYPES OF FULL-TIME AND PART-TIME EMPLOYEES OF THE APPLICANT  AND  MEDIAN
 ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION; (B) IF APPLICABLE,
 THE  NUMBER AND TYPES OF FULL-TIME AND PART-TIME JOBS ORIGINALLY COMMIT-
 TED, AS PER AGREEMENT WITH AWARD REQUIREMENTS, AND  MEDIAN  ANNUAL  WAGE
 AND  BENEFIT  LEVELS  BY JOB CLASSIFICATION; (C) NUMBER OF FULL-TIME AND
 PART-TIME JOBS RETAINED TO DATE; (D) NUMBER OF FULL-TIME  AND  PART-TIME
 TEMPORARY  CONSTRUCTION JOBS CREATED BY APPLICANT TO DATE; (E) NUMBER OF
 FULL-TIME AND PART-TIME NON-CONSTRUCTION JOBS CREATED  BY  APPLICANT  TO
 DATE; (F) MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF
 FULL-TIME  AND PART-TIME, CONSTRUCTION AND NON-CONSTRUCTION JOBS CREATED
 AND RETAINED TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND  NON-
 CONSTRUCTION  JOBS;  (H)(1)  NUMBER AND PERCENT OF TOTAL JOBS CREATED TO
 DATE OF NEW YORK RESIDENTS, SEPARATED BY CONSTRUCTION AND  NON-CONSTRUC-
 TION  EMPLOYEES; (2) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF
 LOCAL RESIDENTS, DEFINED  AS  THOSE  RESIDING  WITHIN  THE  METROPOLITAN
 STATISTICAL  AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY
 NOT WITHIN AN MSA OR MISA, IN  WHICH  A  PROJECT  OCCURS,  SEPARATED  BY
 CONSTRUCTION  AND NON-CONSTRUCTION EMPLOYEES; (I) RECIPIENT USE OF UNION
 CONSTRUCTION APPRENTICESHIP PROGRAMS OR ANY OTHER LOCAL WORKFORCE DEVEL-
 OPMENT PROGRAM, ORIGINAL AND TO DATE; (J) WHETHER OR NOT  THE  APPLICANT
 COMPLIED  WITH  EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUC-
 TURE POLICY ACT; (K) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR;  (L)
 WHETHER  OR  NOT  THE  APPLICANT  HAS MET EACH BENCHMARK AND IF NOT, THE
 FINANCIAL ASSISTANCE AMOUNT THE STATE HAS RECAPTURED DURING THE  CURRENT
 YEAR  AND  TO DATE; AND (M) WHETHER THE APPLICATION HAS A SUBSIDY RECAP-
 TURE PROVISION.
   § 4. This act shall take effect immediately.