Bill Text: NY S05146 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires applicants for financial assistance from industrial development agencies to provide information on the use of material and products manufactured or produced in this state and on the creation of local jobs.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO LOCAL GOVERNMENT [S05146 Detail]
Download: New_York-2021-S05146-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5146 2021-2022 Regular Sessions IN SENATE February 25, 2021 ___________ Introduced by Sen. HINCHEY -- read twice and ordered printed, and when printed to be committed to the Committee on Local Government AN ACT to amend the general municipal law, in relation to prerequisites for financial assistance provided by industrial development agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraphs (h) and (i) of subdivision 4 of section 859-a of 2 the general municipal law, as added by chapter 563 of the laws of 2015, 3 are amended, and a new paragraph (j) is added to read as follows: 4 (h) a statement that the owner, occupant or operator receiving finan- 5 cial assistance is in substantial compliance with applicable local, 6 state and federal tax, worker protection and environmental laws, rules 7 and regulations; [and] 8 (i) a statement acknowledging that the submission of any knowingly 9 false or knowingly misleading information may lead to the immediate 10 termination of any financial assistance and the reimbursement of an 11 amount equal to all or part of any tax exemptions claimed by reason of 12 agency involvement in the project[.]; and 13 (j) to the extent practicable, an estimate of the percentage of mate- 14 rials, products, goods, and other items to be used on, by, or for the 15 proposed project which are produced, manufactured, or otherwise gener- 16 ated in the state. 17 § 2. Paragraph (b) of subdivision 5 of section 859-a of the general 18 municipal law, as added by chapter 563 of the laws of 2015, is amended 19 to read as follows: 20 (b) a written cost-benefit analysis by the agency that identifies the 21 extent to which a project will create or retain permanent, private 22 sector jobs; the extent to which such jobs shall be filled by residents 23 of the economic development region as established pursuant to section 24 two hundred thirty of the economic development law or the labor market 25 area as defined by the agency, in which the project is located; the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10068-01-1S. 5146 2 1 extent to which a project will use materials, products, goods, and other 2 items which are produced, manufactured, or otherwise generated in the 3 state; the estimated value of any tax exemptions to be provided; the 4 amount of private sector investment generated or likely to be generated 5 by the proposed project; the likelihood of accomplishing the proposed 6 project in a timely fashion; and the extent to which the proposed 7 project will provide additional sources of revenue for municipalities 8 and school districts; and any other public benefits that might occur as 9 a result of the project; 10 § 3. Paragraph (b) of subdivision 6 of section 859-a of the general 11 municipal law, as added by chapter 563 of the laws of 2015, is amended 12 to read as follows: 13 (b) require each project owner, occupant or operator receiving finan- 14 cial benefits to provide annually a certified statement and documenta- 15 tion: (i) enumerating the full time equivalent jobs retained and the 16 full time equivalent jobs created as a result of the financial assist- 17 ance, by category, including full time equivalent independent contrac- 18 tors or employees of independent contractors that work at the project 19 location[, and]; (ii) indicating that the salary and fringe benefit 20 averages or ranges for categories of jobs retained and jobs created that 21 was provided in the application is still accurate and if it is not still 22 accurate, providing a revised list of salary and fringe benefit averages 23 or ranges for categories of jobs retained and jobs created; and (iii) 24 indicating the percentage of materials, products, goods, and other items 25 purchased as a result of the financial assistance which were produced, 26 manufactured, or otherwise generated in the state. 27 § 4. Paragraph (a) of subdivision 4 of section 874 of the general 28 municipal law, as amended by chapter 386 of the laws of 2019, is amended 29 to read as follows: 30 (a) The agency shall establish a uniform tax exemption policy, with 31 input from affected tax jurisdictions, which shall be applicable to the 32 provision of financial assistance pursuant to section eight hundred 33 fifty-nine-a of this chapter and shall provide guidelines for the claim- 34 ing of real property, mortgage recording, and sales tax exemptions. 35 Such guidelines shall include, but not be limited to: period of 36 exemption; percentage of exemption; types of projects for which 37 exemptions can be claimed; procedures for payments in lieu of taxes and 38 instances in which real property appraisals are to be performed as a 39 part of an application for tax exemption; in addition, agencies shall in 40 adopting such policy consider such issues as: the extent to which a 41 project will create or retain permanent, private sector jobs and how 42 many of such jobs shall be filled by residents of the economic develop- 43 ment region as established pursuant to section two hundred thirty of the 44 economic development law or the labor market area as defined by the 45 agency, in which the project is located; the extent to which a project 46 will use materials, products, goods, and other items which are produced, 47 manufactured, or otherwise generated in the state; the estimated value 48 of any tax exemptions to be provided; whether affected tax jurisdictions 49 shall be reimbursed by the project occupant if a project does not 50 fulfill the purposes for which an exemption was provided; the impact of 51 a proposed project on existing and proposed businesses and economic 52 development projects in the vicinity; the amount of private sector 53 investment generated or likely to be generated by the proposed project; 54 the demonstrated public support for the proposed project; the likelihood 55 of accomplishing the proposed project in a timely fashion; the effect of 56 the proposed project upon the environment; the extent to which theS. 5146 3 1 project will utilize, to the fullest extent practicable and economically 2 feasible, resource conservation, energy efficiency, green technologies, 3 and alternative and renewable energy measures; the extent to which the 4 proposed project will require the provision of additional services, 5 including, but not limited to additional educational, transportation, 6 police, emergency medical or fire services; and the extent to which the 7 proposed project will provide additional sources of revenue for munici- 8 palities and school districts. 9 § 5. This act shall take effect immediately and shall apply to all 10 applications submitted beginning sixty days after such effective date.
