§ 859-a. Additional prerequisites to the provisions of financial
assistance. 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. Such assistance shall be consistent with the uniform tax
exemption policy adopted by the agency pursuant to subdivision four of
section eight hundred seventy-four of this chapter, unless the agency
has followed the procedures for deviation from such policy specified in
paragraph (b) of such subdivision.

1-a. The agency shall deliver a copy of the resolution adopted
pursuant to subdivision one of this section by certified mail, return
receipt requested or an electronic correspondence with a read-receipt,
to the chief executive officer of each affected local taxing
jurisdiction. When the affected local taxing jurisdiction is a school
district, the agency shall deliver a copy of such resolution by
certified mail, return receipt requested or an electronic correspondence
with a read-receipt, to the district clerk and district superintendent
of each affected school district.

2. The agency must hold a public hearing with respect to the project
and the proposed financial assistance being contemplated by the agency.
Said public hearing shall be held in a city, town or village where the
project proposes to locate. At said public hearing, interested parties
shall be provided reasonable opportunity, both orally and in writing, to
present their views with respect to the project.

3. The agency must give at least ten days published notice of said
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, functional
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.

4. 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
following, 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
assistance 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
assistance is granted, the projected timeframe for the creation of new
jobs, the estimated salary and fringe benefit averages or ranges for
categories of the jobs that would be retained or created if the request
for financial assistance is granted, and an estimate of the number of
residents 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 will not be violated
if financial assistance is provided for the proposed project;

(h) a statement that the owner, occupant or operator receiving
financial 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. 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
necessary 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
generated by the proposed project; the contribution of the project to
the state's renewable energy goals and emission reduction targets as set
forth in the state energy plan adopted pursuant to section 6-104 of the
energy law; 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 municipalities 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; 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
executive officer or officers of the municipality or municipalities in
which the facility or plant was located.

6. 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 agreement
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
financial benefits to provide annually a certified statement and
documentation: (i) enumerating the full time equivalent jobs retained
and the full time equivalent jobs created as a result of the financial
assistance, by category, including full time equivalent independent
contractors or employees of independent contractors that work at the
project location, and (ii) indicating that the salary and fringe benefit
averages 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) provide for the suspension or discontinuance of financial
assistance, or for the modification of any payment in lieu of tax
agreement to require increased payments, in accordance with policies
developed by the agency pursuant to section eight hundred seventy-four
of this title;

(f) 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
jurisdictions; and

(g) 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.

7. Each agency shall establish a procedure for compliance with the
notification requirements, including identification of the notification
method, under subdivision one-a of this section and paragraph (b) of
subdivision four of section eight hundred seventy-four of this title.