Bill Text: NY S01737 | 2023-2024 | General Assembly | Introduced
Bill Title: Establishes a local authorities searchable subsidy and economic development benefits database; relates to the obligations of certain industrial development agencies and local development corporations.
Spectrum: Partisan Bill (Democrat 10-0)
Status: (Engrossed) 2024-04-03 - referred to corporations, authorities and commissions [S01737 Detail]
Download: New_York-2023-S01737-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 1737 2023-2024 Regular Sessions IN SENATE January 13, 2023 ___________ Introduced by Sens. KRUEGER, GOUNARDES, LIU, MAY, SERRANO, 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 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: 1 Section 1. The public authorities law is amended by adding a new 2 section 8 to read as follows: 3 § 8. Local authorities searchable subsidy and economic development 4 benefits database. (1) For the purposes of this section, the following 5 terms shall have the following meanings: 6 (a) "Economic development benefits" shall mean: 7 (i) funds made available by a local authority, including without limi- 8 tation any entity created incorporated pursuant to section fourteen 9 hundred eleven of the not-for-profit corporation law, for economic 10 development, or job creation purposes including, but not limited to, 11 grants, loans, loan guarantees, loan interest subsidies, and subsidies; 12 and 13 (ii) tax credits, tax exemptions, reduced tax rates or other tax 14 incentives which are applied for and preapproved or certified by or on 15 behalf of a local authority, including without limitation any entity 16 created incorporated pursuant to section fourteen hundred eleven of the 17 not-for-profit corporation law, for economic development. 18 (b) "Additional state economic development benefits" shall mean those 19 economic development benefits made available to the local authority, 20 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. LBD03696-01-3S. 1737 2 1 section fourteen hundred eleven of the not-for-profit corporation law, 2 by a state entity to award such benefits to qualified recipients. 3 (c) "Qualified participant" shall mean a person, business, limited 4 liability corporation or any other entity that has applied for and 5 received benefits as defined in paragraph (a) of this subdivision. 6 (d) "Full-time equivalent" shall mean a unit of measure, which is 7 equal to one filled, full-time, annual-salaried position. 8 (e) "Project hires" shall mean a job in which an individual is hired 9 for a season or for a limited period of time. 10 (f) "Part-time job" shall mean a job in which an individual is 11 employed by a qualified participant for less than thirty-five hours a 12 week. 13 (g) "The office" shall mean the authorities budget office. 14 (i) "The database" or "the searchable database" shall mean the data- 15 base created pursuant to subdivision two of this section. 16 (j) "the project" shall mean specific work, action, endeavor, contract 17 or agreement for which any economic benefit as defined in paragraphs (a) 18 and (b) of this subdivision, is made available or awarded by a local 19 authority to, including without limitation any entity created incorpo- 20 rated pursuant to section fourteen hundred eleven of the not-for-profit 21 corporation law, to a person, business, limited liability corporation or 22 any other entity. 23 2. Notwithstanding any laws to the contrary, the office shall create a 24 searchable database, displaying data regarding economic development 25 benefits that a qualified participant has been awarded. Such database 26 shall also separately display data regarding additional state economic 27 development benefits and the aggregate total of benefits defined in 28 paragraph (a) of subdivision one of this section, to the extent that 29 such data has been made available to and is received by the office in 30 the form and manner prescribed by the office. Such searchable database 31 shall include, at a minimum, the following data, features and function- 32 ality to the extent practicable: 33 (a) the ability to search the database by each of the reported infor- 34 mation fields; 35 (b) the ability to be searchable, downloadable, and updated quarterly, 36 and posted on a publicly accessible website as well as referenced on the 37 office's website, with a direct link to the database; 38 (c) the following data on projects shall be included: 39 (i) a qualified participant's name and project, project location, the 40 project's complete address, including the postal code in a separate and 41 searchable field, and the economic region of the state; 42 (ii) the time span over which a qualified participant is to receive or 43 has received aggregate economic development benefits; 44 (iii) the type of such economic development benefits, as defined in 45 paragraph (a) of subdivision one of this section, provided to a quali- 46 fied participant, including the name of the program or programs through 47 which such benefits are provided, and details as to whether such 48 programs are grants or tax credit programs as a separate and searchable 49 field. Such data shall be provided to the extent practicable for all 50 contracts initiated six months after the effective date of this section; 51 (iv) the total number of employees at all entities utilizing such 52 economic development benefits as defined in paragraph (a) of subdivision 53 one of this section, at the time of the agreement, including the number 54 of full-time equivalents, provided that any project hires or part-time 55 jobs shall be displayed in separate fields and may be converted to full-S. 1737 3 1 time equivalents and denoted as such, to the extent practicable for all 2 contracts initiated six months after the effective date of this section; 3 (v) for any economic development benefits as defined in paragraph (a) 4 of subdivision one of this section that provides for job retention or 5 job creation, that a qualified participant has been awarded, the total 6 job creation commitments, job retention commitments, job creation actual 7 number, and the job retention actual number, displayed in terms of full- 8 time equivalents where any project hires or part-time jobs may be 9 converted to full-time equivalents and denoted as such, the actual aver- 10 age wage by occupation or job classification and total payroll to be 11 created as a result of the benefits, shall be provided, each displayed 12 as separate and searchable fields; 13 (vi) the total and separate amount of economic development benefits 14 defined in paragraph (a) of subdivision one of this section received by 15 a qualified participant to date; 16 (vii) the total public-private investment made to a project, total 17 public funding received by a project, and project status; 18 (viii) details related to individual project compliance indicating 19 whether, during the current reporting quarter, the entity managing the 20 award has reduced, cancelled, or recaptured any economic development 21 benefits or additional state economic development benefits from a quali- 22 fied participant, and, if so, the total amount of the reduction, cancel- 23 lation, or recapture. Separately, a notation of penalties assessed shall 24 be displayed in a separate and searchable field, as well as the reasons 25 therefor in another separate and searchable field; 26 (ix) the ability to digitally select defined individual fields corre- 27 sponding to any of the reported information from qualified participants 28 to create unique database views; 29 (x) the ability to download the database in its entirety, or in part, 30 in a common machine readable format; 31 (xi) a definition or description of terms for fields in the database; 32 (xii) a summary of each separate economic development benefit defined 33 in paragraph (a) of subdivision one of this section awarded to qualified 34 participants; 35 (xiii) a user-friendly guide to outline the features and functionality 36 of the database; and 37 (xiv) a dedicated email account for the public to direct questions 38 related to the database, and the office mailing address, office tele- 39 phone number, and name of the chief officer of the granting body. 40 3. Data related to subparagraphs (i) through (vi) of paragraph (c) of 41 subdivision two of this section shall be analyzed for quality and accu- 42 racy by the entity or authority providing such funding to qualified 43 recipients and managing the contracts related thereto. Upon submission 44 of such data to the office for inclusion in the database, all awarding 45 entities shall certify to the office that each field of project data 46 accurately summarizes project investments and amounts and contains no 47 known misrepresentation of material facts. 48 4. Upon request the office shall provide, or direct to a source 49 providing, in an electronically accessible and downloadable form, any 50 contracts or award agreements for projects included in the database, to 51 the extent such contracts or award agreements are available to the 52 public pursuant to article six of the public officers law or any other 53 law. Such contracts may, upon request from the office, be shared by the 54 entity holding and managing such contract. 55 5. The office may request any data from qualified participants that is 56 necessary and required in developing, updating, and maintaining theS. 1737 4 1 searchable database. Such qualified participants shall provide any such 2 information requested by the office. 3 6. The office shall prescribe the form and manner in which a local 4 authority awarding other state agency economic development benefits 5 shall submit information and data regarding other state agency benefits 6 as required for developing, updating, and maintaining the database and 7 publish guidelines as needed to facilitate receipt of such data to 8 comply with the provisions of this section, including the submission 9 provisions of subdivision three of this section. The corporation, to the 10 extent practicable, shall note on the database where a state agency or 11 authority failed to submit the required data. 12 7. To effectuate the purposes of this section, the office may request 13 and shall receive from any department, division, board, bureau, commis- 14 sion or other agency of the state, or any state or local public authori- 15 ty such assistance, information and data as will enable the office to 16 carry out its powers and duties under this section. 17 § 2. Section 2807 of public authorities law, as added by section 3 of 18 part NNN of chapter 58 of the laws of 2022, is amended to read as 19 follows: 20 § 2807. 1. Reporting for searchable state subsidy and aggregate 21 economic development benefits database. Notwithstanding any other 22 provision of law to the contrary, every state authority shall submit to 23 the urban development corporation, and update quarterly, in the form and 24 manner prescribed by the urban development corporation, any and all data 25 and information as necessary for developing, updating, and maintaining 26 the database established in section fifty-eight of section one of chap- 27 ter one hundred seventy-four of the laws of nineteen hundred sixty- 28 eight, constituting the New York state urban development corporation 29 act, regarding economic development benefits, as such term is defined in 30 such section, awarded by such state authority. A state authority may 31 request and shall receive any data from an individual, business, limited 32 liability corporation or any other entity that has applied for and 33 received approval for, or is the beneficiary of, any such economic 34 development benefits, as is necessary and required to comply with this 35 section. 36 2. Notwithstanding any other provision of law to the contrary, a local 37 authority shall submit to the authorities budget office, and update 38 quarterly, in the form and manner prescribed by the authorities budget 39 office, any and all data and information as necessary for developing, 40 updating, and maintaining the database established in section eight of 41 the public authorities law, regarding economic development benefits, as 42 the term is defined therein, awarded by such authority. A local authori- 43 ty may request and shall receive any data from a person, business, 44 limited liability corporation or any other entity that has applied for 45 and received approval for or is the beneficiary of, any such economic 46 development benefits, as is necessary and required to comply with this 47 section. 48 § 3. The general municipal law is amended by adding a new section 49 859-d to read as follows: 50 § 859-d. Reporting for the local authorities searchable subsidy and 51 economic development benefits database. Notwithstanding any other 52 provision of law to the contrary, an industrial development agency shall 53 submit to the authorities budget office, and update quarterly, in the 54 form and manner prescribed by the authorities budget office, any and all 55 data and information as necessary for developing, updating, and main- 56 taining the database established in section eight of the public author-S. 1737 5 1 ities law, regarding economic development benefits, as the term is 2 defined therein, awarded by such industrial development agency. An 3 Industrial Development agency may request and shall receive any data 4 from a person, business, limited liability corporation or any other 5 entity that has applied for and received approval for or is the benefi- 6 ciary of, any such economic development benefits, as is necessary and 7 required to comply with this section. 8 § 4. Paragraph (i) of section 1411 of the not-for-profit corporation 9 law is amended and a new paragraph (j) is added to read as follows: 10 (i) Effect of section. 11 Corporations incorporated or reincorporated under this section shall 12 be organized and operated exclusively for the purposes set forth in 13 paragraph (a) of this section, shall have, in addition to the powers 14 otherwise conferred by law, the powers conferred by paragraph (c) of 15 this section and shall be subject to all the restrictions and limita- 16 tions imposed by paragraph (e) [and], paragraph (g), and paragraph (j) 17 of this section. In so far as the provisions of this section are incon- 18 sistent with the provisions of any other law, general or special, the 19 provisions of this section shall be controlling as to corporations 20 incorporated or reincorporated hereunder. 21 (j) Public authorities law. 22 Notwithstanding any other provision of law to the contrary, a corpo- 23 ration incorporated or reincorporated under this section shall be 24 considered a local authority under the public authorities law, and be 25 subject to the provisions of section twenty-eight hundred seven of the 26 public authorities law. 27 § 5. This act shall take effect on the ninetieth day after it shall 28 have become a law.
