S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6762
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of A. SOLAGES, MITAYNES -- read once and referred to
   the Committee on Corporations, Authorities and Commissions
 
 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
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03696-01-3
 A. 6762                             2
              

 
 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;
   (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-
 A. 6762                             3
 
 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
 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
 A. 6762                             4

 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
 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-
 A. 6762                             5
 
 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.