Bill Text: NY S06870 | 2013-2014 | General Assembly | Introduced
Bill Title: Enacts the "just and open business subsidies act (JOBS act) of 2014".
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2014-05-28 - REPORTED AND COMMITTED TO FINANCE [S06870 Detail]
Download: New_York-2013-S06870-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6870 I N S E N A T E March 24, 2014 ___________ Introduced by Sen. SAVINO -- 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 enacting the "just and open business subsidies act (JOBS act) of 2014", in relation to the reporting and collection of information, evaluation criteria, subsidy recapture, and restrictions on the funding of public financial assistance for private economic development THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Legislative findings. The legislature finds that the state 2 and local governments of New York play an important role in facilitating 3 private economic development. Public financial assistance for economic 4 development should prioritize performance, encourage job creation for 5 all New Yorkers, and have money back guarantees. Empire State Develop- 6 ment (ESD) manages statewide economic development programs through as 7 many as 202 subsidiaries, each with its own board and staff. In addi- 8 tion, there are approximately 20 state agencies performing economic 9 development functions. At the local level, there are 114 Industrial 10 Development Agencies (IDAs), over 500 local development corporations, 82 11 Empire Zone Boards, 114 Business Improvement Districts, 49 Urban Renewal 12 and Community Development Agencies, and 10 Regional Economic Development 13 Councils, all engaging in economic development activity. These entities, 14 providing discretionary and as of right financial assistance, spend over 15 $7 billion in state and local tax revenue and appropriations. 16 The legislature further finds that this system of economic development 17 is balkanized, opaque, often unaccountable, and has few performance 18 criteria on which to judge success or failure. This legislation is 19 intended to improve these important tools for economic development by 20 streamlining applications and reporting, strengthening accountability 21 mechanisms, and encouraging quality job creation for all New Yorkers. 22 The legislature further finds that the International Economic Develop- 23 ment Council (IEDC), the nation's largest professional association of 24 economic development officials, released findings from a survey of its EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11682-04-4 S. 6870 2 1 4,500 members in February, 2013, in which 98.6 percent said "incentives 2 should be structured in such a way that the community receives a tangi- 3 ble return on investment (e.g., employment, capital investment)." In 4 addition, "96 percent believe that part or all of the granted incentives 5 should be returned if a company does not meet agreed-upon projections." 6 These findings show that there is significant support, even within the 7 economic development profession, for comprehensive reform. 8 The legislature further finds that the economic recovery from the 9 Great Recession has not reached all parts of New York. Unemployment and 10 poverty are significant problems throughout the state. For example, the 11 most recent census data shows that the Kingston Metropolitan Statistical 12 Area has an unemployment rate of 10.4% and a poverty rate of 14.7%. 13 The Ogdensburg-Massena Micropolitan Statistical Area has an unemploy- 14 ment rate of 10.8% and a poverty rate of 18.1%, Sullivan County has an 15 unemployment rate of 12.2% and a poverty rate of 18.5%. Meanwhile other 16 regions of New York and its neighboring states of Connecticut, Massachu- 17 setts, New Jersey, Pennsylvania and Vermont all have lower poverty and 18 unemployment rates than the aforementioned regions of New York. The 19 average unemployment rate of those six states is 9.4% and the average 20 poverty rate is 12.4%. New York has a significant interest in reducing 21 poverty and unemployment for its residents by ensuring that when public 22 money is used to finance economic development, a portion of the jobs 23 created are offered to residents of regions with high unemployment or 24 poverty. 25 S 2. This act shall be known and may be cited as the "just and open 26 business subsidies act (JOBS act) of 2014". 27 S 3. Section 2 of the public authorities law is amended by adding 28 seven new subdivisions 7, 8, 9, 10, 11, 12 and 13 to read as follows: 29 7. "FINANCIAL ASSISTANCE" SHALL MEAN: (A) ANY EXPENDITURE OF PUBLIC 30 FUNDS FOR THE PURPOSE OF STIMULATING ECONOMIC DEVELOPMENT WITHIN THE 31 STATE, INCLUDING, BUT NOT LIMITED TO, CASH PAYMENTS OR GRANTS, BOND 32 FINANCING, TAX ABATEMENTS OR EXEMPTIONS (INCLUDING, BUT NOT LIMITED TO, 33 ABATEMENTS OR EXEMPTIONS FROM REAL PROPERTY, MORTGAGE RECORDING, SALES 34 AND USE TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS IN LIEU OF TAXES 35 AND THE AMOUNT OF REAL PROPERTY OR OTHER TAXES THAT WOULD HAVE BEEN DUE 36 IF THE PROPERTY WERE NOT EXEMPTED FROM SUCH TAXES), TAX INCREMENT 37 FINANCING, FILING FEE WAIVERS, ENERGY COST REDUCTIONS, ENVIRONMENTAL 38 REMEDIATION COSTS, WRITE-DOWNS IN THE MARKET VALUE OF BUILDINGS OR LAND, 39 OR THE COST OF CAPITAL IMPROVEMENTS RELATED TO REAL PROPERTY FOR WHICH 40 THE STATE WOULD NOT PAY ABSENT THE DEVELOPMENT PROJECT, AND INCLUDES 41 BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE, AND (B) ALL SUCCESSOR AND 42 SUBSEQUENT EXPENDITURES OF PUBLIC FUNDS FOR THE PURPOSE OF STIMULATING 43 ECONOMIC DEVELOPMENT WITHIN THE STATE. IN DETERMINING THE VALUE OF 44 ASSISTANCE PROVIDED, THE FULL VALUE OF ALL CITY, STATE AND FEDERAL 45 ASSISTANCE RECEIVED IN CONNECTION WITH THE PROJECT SHALL BE INCLUDED. 46 8. "RECIPIENT" SHALL MEAN ANY PERSON, INDIVIDUAL, PROPRIETORSHIP, 47 PARTNERSHIP, JOINT VENTURE, CORPORATION, LIMITED LIABILITY COMPANY, 48 TRUST, ASSOCIATION, ORGANIZATION OR OTHER ENTITY THAT RECEIVES FINANCIAL 49 ASSISTANCE, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST OF REAL PROPERTY 50 IMPROVED OR DEVELOPED WITH FINANCIAL ASSISTANCE. 51 9. "INFRASTRUCTURE" SHALL MEAN ANY SUBSTRUCTURE OR UNDERLYING FOUNDA- 52 TION OR NETWORK USED FOR PROVIDING GOODS AND SERVICES; ESPECIALLY THE 53 BASIC INSTALLATIONS AND FACILITIES ON WHICH THE CONTINUANCE AND GROWTH 54 OF A COMMUNITY, STATE, ETC., DEPEND. EXAMPLES INCLUDE ROADS, WATER 55 SYSTEMS, COMMUNICATIONS FACILITIES, SEWERS, SIDEWALKS, CABLE, WIRING, 56 SCHOOLS, POWER PLANTS, AND TRANSPORTATION AND COMMUNICATION SYSTEMS. S. 6870 3 1 10. "COVERED EMPLOYER" SHALL MEAN: (A) A FINANCIAL ASSISTANCE RECIPI- 2 ENT; (B) A TENANT, SUB-TENANT, LEASEHOLDER OR SUBLEASEHOLDER WHO OCCU- 3 PIES REAL PROPERTY THAT IS IMPROVED OR DEVELOPED WITH FINANCIAL ASSIST- 4 ANCE; (C) FEE HOLDERS OR OTHER CONDOMINIUM OWNERS OF ANY PORTION OF REAL 5 PROPERTY IMPROVED OR DEVELOPED WITH FINANCIAL ASSISTANCE WHO PURCHASED 6 THE PROPERTY FROM A PRIOR OWNER OR WERE ASSIGNED THE PROPERTY THROUGH 7 FORECLOSURE OR OTHER MEANS; OR (D) ANY PERSON OR ENTITY THAT CONTRACTS 8 OR SUBCONTRACTS WITH A FINANCIAL ASSISTANCE RECIPIENT TO PERFORM WORK 9 FOR A PERIOD OF MORE THAN THIRTY DAYS ON THE PREMISES OF THE FINANCIAL 10 ASSISTANCE RECIPIENT OR ON THE PREMISES OF REAL PROPERTY IMPROVED OR 11 DEVELOPED WITH FINANCIAL ASSISTANCE, INCLUDING BUT NOT LIMITED TO TEMPO- 12 RARY SERVICES OR STAFFING AGENCIES, FOOD SERVICE CONTRACTORS, AND OTHER 13 ON-SITE SERVICE CONTRACTORS. 14 11. "WORKER HOURS" SHALL MEAN THE TOTAL HOURS WORKED EXCLUSIVE OF 15 HOURS WORKED BY RESIDENTS OF STATES OTHER THAN NEW YORK, WHETHER THE 16 WORKERS IN QUESTION ARE EMPLOYED BY THE FINANCIAL ASSISTANCE RECIPIENT 17 OR THE COVERED EMPLOYER. 18 12. "APPRENTICE" SHALL MEAN A WORKER WHO PARTICIPATES IN A FEDERAL OR 19 STATE APPRENTICESHIP PROGRAM OR, AS AN APPRENTICE EQUIVALENT, PARTIC- 20 IPATES IN A DEPARTMENT OF LABOR APPROVED TRAINING PROGRAM, TAKES A 21 CONSTRUCTION APPRENTICESHIP TEST, AND RECEIVES BENEFITS AND PAY NOT LESS 22 THAN THOSE RECEIVED BY AN APPRENTICE. 23 13. "APPRENTICESHIP PROGRAM" SHALL MEAN AN APPRENTICESHIP PROGRAM THAT 24 HAS BEEN APPROVED BY THE DEPARTMENT OF LABOR FOR NOT LESS THAN THREE 25 YEARS AND HAS GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS 26 AND HAS AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN SUCH APPRENTICE- 27 SHIP TRAINING PROGRAM. IN ADDITION, IT MUST BE DEMONSTRATED THAT THE 28 PROGRAM HAS MADE SIGNIFICANT EFFORTS TO ATTRACT AND RETAIN MINORITY 29 APPRENTICES, AS DETERMINED BY AFFIRMATIVE ACTION GOALS ESTABLISHED FOR 30 SUCH PROGRAM BY THE DEPARTMENT OF LABOR. 31 S 4. Article 9 of the public authorities law is amended by adding a 32 new title 13 to read as follows: 33 TITLE 13 34 JUST AND OPEN BUSINESS SUBSIDIES ACT (JOBS ACT) 35 SECTION 2990. STANDARD APPLICATIONS FOR FINANCIAL ASSISTANCE. 36 2991. FINANCIAL ASSISTANCE AGREEMENTS. 37 2992. PUBLIC REVIEW. 38 2993. SUBSIDY RECAPTURE. 39 2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET. 40 2995. RESTRICTIONS ON FUNDS OF LOCAL AND STATE AUTHORITIES. 41 2996. DESIGNATED BOARD REPRESENTATION. 42 2997. TARGETED HIRE. 43 2998. PAYMENTS IN LIEU OF TAXES. 44 S 2990. STANDARD APPLICATIONS FOR FINANCIAL ASSISTANCE. 1. ALL APPLI- 45 CATIONS SUBMITTED TO STATE AUTHORITIES, LOCAL AUTHORITIES, OR ANY OTHER 46 STATE GRANTING BODY REQUESTING FINANCIAL ASSISTANCE SHALL BE SUBMITTED 47 THROUGH A CONSOLIDATED FUNDING APPLICATION. THE CONSOLIDATED FUNDING 48 APPLICATION SHALL BE DEVELOPED BY THE AUTHORITIES BUDGET OFFICE, IN 49 COLLABORATION WITH RELEVANT GRANTING BODIES. THE CONSOLIDATED FUNDING 50 APPLICATION SHALL CONTAIN, AT A MINIMUM, ALL INFORMATION NECESSARY TO 51 FULFILL REPORTING REQUIREMENTS UNDER SUBPARAGRAPH SIX OF PARAGRAPH (A) 52 OF SUBDIVISION ONE AND SUBPARAGRAPH SIX OF PARAGRAPH (A) OF SUBDIVISION 53 TWO OF SECTION TWENTY-EIGHT HUNDRED OF THIS ARTICLE, AND MUST BE CERTI- 54 FIED BY THE PROJECT APPLICANT'S CHIEF EXECUTIVE OFFICER THAT THE APPLI- 55 CATION IS ACCURATE AND COMPLETE. THE APPLICATION SHALL INCLUDE ALL 56 INFORMATION NEEDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT S. 6870 4 1 AUTHORITY TO CALCULATE THE GREENHOUSE GAS EMISSIONS FROM PROPOSED 2 PROJECTS, INCLUDING BUT NOT LIMITED TO AMOUNT OF ELECTRICITY USAGE AND 3 TYPE AND AMOUNT OF FUEL USAGE. 4 2. NO STATE AUTHORITY, LOCAL AUTHORITY, OR ANY OTHER STATE GRANTING 5 BODY SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT WITH A RECIPIENT 6 PRIOR TO RECEIVING AND PROCESSING A COMPLETE CONSOLIDATED FUNDING APPLI- 7 CATION. 8 3. THE STATE AUTHORITY, LOCAL AUTHORITY, STATE GRANTING BODY AND THE 9 AUTHORITIES BUDGET OFFICE SHALL HAVE THE RIGHT OF ACCESS TO EXAMINE ALL 10 DOCUMENTS, PAYROLL RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE 11 AGENCY OR DEPARTMENT TO DETERMINE THE APPLICANT'S CLAIMS ARE ACCURATE. 12 S 2991. FINANCIAL ASSISTANCE AGREEMENTS. THE STATE AUTHORITY, LOCAL 13 AUTHORITY OR STATE GRANTING BODY SHALL ENTER INTO A FINANCIAL ASSISTANCE 14 AGREEMENT WITH THE RECIPIENT PRIOR TO PROVIDING SUCH ASSISTANCE. EACH 15 FINANCIAL ASSISTANCE AGREEMENT SHALL CONTAIN, AT A MINIMUM: 16 1. JOB CREATION AND/OR JOB RETENTION TARGETS AND THE MAINTENANCE OF 17 SUCH JOB LEVELS FIVE YEARS BEYOND THE END DATE OF THE FINANCIAL ASSIST- 18 ANCE AGREEMENT; 19 2. AN APPROVED TARGETED HIRING PLAN, WHERE APPLICABLE; 20 3. APPRENTICE TARGET HIRING PLAN, WHERE APPLICABLE; 21 4. INVESTMENT TARGETS; 22 5. DETAILED PLANS FOR COMPLIANCE WITH THE STATE SMART GROWTH PUBLIC 23 INFRASTRUCTURE POLICY ACT; 24 6. GREENHOUSE GAS EMISSIONS AND ENERGY USE BENCHMARKS; 25 7. ALL INFORMATION NECESSARY TO FULFILL REPORTING REQUIREMENTS UNDER 26 SUBPARAGRAPH SIX OF PARAGRAPH (A) OF SUBDIVISION ONE AND SUBPARAGRAPH 27 SIX OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED 28 OF THIS ARTICLE; 29 8. SUBSIDY RECAPTURE PROVISIONS; AND 30 9. YEARLY AND OVERALL PERFORMANCE BENCHMARKS. 31 S 2992. PUBLIC REVIEW. 1. THE STATE AUTHORITY, LOCAL AUTHORITY, STATE 32 GRANTING BODY AND THE AUTHORITIES BUDGET OFFICE SHALL HAVE THE RIGHT OF 33 ACCESS TO THE COVERED EMPLOYER'S PROJECT SITE AND TO EXAMINE ALL DOCU- 34 MENTS, PAYROLL RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE AGEN- 35 CY OR DEPARTMENT TO DETERMINE THE RECIPIENT IS IN COMPLIANCE WITH 36 PROVISIONS OF THE FINANCIAL ASSISTANCE AGREEMENT AND THIS ARTICLE. THE 37 STATE AUTHORITIES AND LOCAL AUTHORITIES SHALL COOPERATE FULLY WITH THE 38 AUTHORITIES BUDGET OFFICE IN CARRYING OUT ITS DUTIES. 39 2. THE STATE AUTHORITY, LOCAL AUTHORITY, OR STATE GRANTING BODY SHALL 40 FILE A COPY OF EACH RECIPIENT'S APPLICATION, THE FINANCIAL ASSISTANCE 41 AGREEMENT AND THE COST BENEFIT ANALYSIS ON ITS WEBSITE, WITH THE GOVERN- 42 ING BODY OF THE MUNICIPALITY AND WITH THE AUTHORITIES BUDGET OFFICE 43 WITHIN FIVE DAYS OF THE EXECUTION OF THE AGREEMENT. 44 3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A STATE 45 AUTHORITY, LOCAL AUTHORITY OR STATE GRANTING BODY IN AN AREA WITH ONE 46 MILLION PERSONS OR MORE SHALL NOT PROVIDE DISCRETIONARY FINANCIAL 47 ASSISTANCE EXCEEDING A TOTAL OF ONE MILLION DOLLARS IN VALUE WITHOUT THE 48 APPROVAL OF THE AFFECTED TAXING JURISDICTIONS IN WHICH THE PROJECT WILL 49 OCCUR. IN ALL OTHER AREAS, A STATE AUTHORITY, LOCAL AUTHORITY OR STATE 50 GRANTING BODY SHALL NOT PROVIDE DISCRETIONARY FINANCIAL ASSISTANCE 51 EXCEEDING ONE HUNDRED THOUSAND DOLLARS IN VALUE WITHOUT THE APPROVAL OF 52 THE AFFECTED TAXING JURISDICTIONS IN WHICH THE PROJECT WILL OCCUR. 53 APPROVAL OF THE AFFECTED TAXING JURISDICTION SHALL CONSIST OF A MAJORITY 54 VOTE BY THE RELEVANT DECISION MAKING BODY OF THAT JURISDICTION. 55 4. PRIOR TO APPROVING ANY DISCRETIONARY ECONOMIC DEVELOPMENT ASSIST- 56 ANCE AGREEMENT OVER TWENTY-FIVE THOUSAND DOLLARS, A STATE AUTHORITY, S. 6870 5 1 LOCAL AUTHORITY OR STATE GRANTING BODY SHALL: (A) HOLD A PUBLIC HEARING 2 ON THE PROVISION OF FINANCIAL ASSISTANCE; AND (B) PROVIDE NOTICE TO THE 3 PUBLIC THIRTY CALENDAR DAYS PRIOR TO THE PUBLIC HEARING. AT THE TIME OF 4 NOTICE, THE STATE AUTHORITY, LOCAL AUTHORITY OR STATE GRANTING BODY 5 SHALL PROVIDE THE APPLICATION, THE PROPOSED ECONOMIC DEVELOPMENT ASSIST- 6 ANCE AGREEMENT, AND ANY OTHER MATERIALS RELEVANT TO THE DECISION, SUCH 7 AS THE COST BENEFIT ANALYSIS, TO THE PUBLIC. THE DOCUMENTS SHALL BE 8 AVAILABLE ELECTRONICALLY AND THE DOCUMENTS SHALL BE AVAILABLE IN PRINT 9 UPON REQUEST. THE PUBLIC HEARING SHALL PROVIDE THE PUBLIC REASONABLE 10 OPPORTUNITY TO COMMENT ON THE PROPOSED FINANCIAL ASSISTANCE AGREEMENT. 11 THE HEARING SHALL TAKE PLACE NO LESS THAN SEVEN CALENDAR DAYS BEFORE THE 12 FINAL DECISION. THE STATE AUTHORITY, LOCAL AUTHORITY OR STATE GRANTING 13 BODY MUST RESPOND TO PUBLIC COMMENTS SUBMITTED ORALLY OR IN WRITING WITH 14 OFFICIAL, WRITTEN REPLIES BEFORE SUCH TIME AS THE DECISION IS MADE. ALL 15 PUBLIC HEARINGS SHALL BE RECORDED VERBATIM AND TRANSCRIPTS AVAILABLE ON 16 LINE AND TRANSCRIPTS AVAILABLE IN PRINT UPON REQUEST. 17 5. PRIOR TO APPROVING ANY AS OF RIGHT FINANCIAL ASSISTANCE AGREEMENT 18 OVER TWENTY-FIVE THOUSAND DOLLARS, A STATE AUTHORITY, LOCAL AUTHORITY OR 19 STATE GRANTING BODY SHALL PROVIDE NOTICE TO THE PUBLIC THIRTY CALENDAR 20 DAYS PRIOR TO THE APPROVAL OF FINANCIAL ASSISTANCE. AT THE TIME OF 21 NOTICE, THE STATE AUTHORITY, LOCAL AUTHORITY OR STATE GRANTING BODY 22 SHALL PROVIDE THE APPLICATION, THE PROPOSED FINANCIAL ASSISTANCE AGREE- 23 MENT, AND ANY OTHER MATERIALS RELEVANT TO THE DECISION, SUCH AS THE COST 24 BENEFIT ANALYSIS, TO THE PUBLIC. THE DOCUMENTS SHALL BE AVAILABLE ELEC- 25 TRONICALLY AND THE DOCUMENTS SHALL BE AVAILABLE IN PRINT UPON REQUEST. 26 S 2993. SUBSIDY RECAPTURE. 1. ALL FINANCIAL ASSISTANCE AGREEMENTS 27 SHALL CONTAIN: (A) A SPECIFIC SCHEDULE FOR SUBSIDY RECAPTURE; (B) THE 28 MEASURABLE YEARLY BENCHMARKS THAT A RECIPIENT MUST MEET IN ORDER TO 29 AVOID RECAPTURE; AND (C) PROVISIONS FOR RECALIBRATION OR RESCISSION OF 30 BENEFITS. 31 2. RECAPTURE PROVISIONS, AT A MINIMUM, SHALL BE BASED UPON EACH 32 REQUIRED COMPONENT OF THE FINANCIAL ASSISTANCE AGREEMENT, AS IDENTIFIED 33 IN SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE. 34 3. IF THE RECIPIENT FAILS TO FULFILL ANY OBLIGATION UNDER THE FINAN- 35 CIAL ASSISTANCE AGREEMENT, OR IS FOUND TO HAVE COMMITTED A VIOLATION OF 36 ANY STATE OR LOCAL LAW, RULE OR REGULATION RELATING TO ENVIRONMENTAL 37 PROTECTION, TAXATION, FINANCIAL ASSISTANCE, PROTECTION OF WORKERS, OR 38 MINORITY OR WOMEN-OWNED BUSINESSES BY FINAL JUDGMENT OF A COURT OR 39 ADMINISTRATIVE TRIBUNAL, THE STATE AUTHORITY OR LOCAL AUTHORITY SHALL 40 IMMEDIATELY SUSPEND ALL FINANCIAL ASSISTANCE TO THE RECIPIENT AND THE 41 APPLICABLE RECAPTURE PROVISIONS SET FORTH IN SUBDIVISION ONE OF THIS 42 SECTION SHALL TAKE EFFECT. (A) THE STATE AUTHORITY OR LOCAL AUTHORITY 43 SHALL PROMPTLY ISSUE A PRELIMINARY NOTICE OF DEFAULT TO THE RECIPIENT 44 AND PROVIDE AN OPPORTUNITY TO CURE. THE RECIPIENT CAN CURE THE DEFAULT 45 EITHER BY PROVIDING EVIDENCE DOCUMENTING THAT THE RECIPIENT IS NOT IN 46 DEFAULT, OR BY MEETING THE OBLIGATIONS UNDER THE FINANCIAL ASSISTANCE 47 AGREEMENT WITHIN ONE MONTH OF NOTIFICATION OF DEFAULT. (B) IF THE RECIP- 48 IENT OF FINANCIAL ASSISTANCE FAILS TO CURE THE DEFAULT WITHIN TWENTY 49 BUSINESS DAYS OF THE ISSUANCE OF NOTICE, THE STATE AUTHORITY OR LOCAL 50 AUTHORITY SHALL PROMPTLY ISSUE A FINAL NOTICE OF DEFAULT TO THE RECIPI- 51 ENT WHO SHALL REMIT REPAYMENT BASED ON THE APPLICABLE RECAPTURE SCHED- 52 ULE. (C) THE RECIPIENT SHALL REPAY SUCH ASSISTANCE TO THE STATE AUTHORI- 53 TY, LOCAL AUTHORITY, OR STATE GRANTING BODY AT A RATE OF INTEREST EQUAL 54 TO THE PRIME RATE, PLUS ONE PERCENT AS OF THE DATE OF THE NOTICE. THE 55 AMOUNT OF REPAYMENT MAY BE PRORATED ACCORDING TO ANY PARTIAL FULFILLMENT 56 OF THE RECIPIENT'S OBLIGATIONS UNDER THE AGREEMENT, AS IDENTIFIED IN THE S. 6870 6 1 SUBSIDY RECAPTURE SCHEDULE. THE LOCAL AUTHORITY, STATE AUTHORITY OR 2 STATE GRANTING BODY SHALL REMIT THE RECAPTURED SUBSIDIES TO THE RELEVANT 3 LOCAL TAXING JURISDICTION. (D) IF A RECIPIENT IS REQUIRED TO REPAY 4 FINANCIAL ASSISTANCE UNDER THIS SUBDIVISION, THE RECIPIENT AND ANY 5 SUBSIDIARY, PARENT OR SUCCESSOR OF THE RECIPIENT SHALL BE PROHIBITED 6 FROM ENTERING INTO A FINANCIAL ASSISTANCE AGREEMENT WITH ANY OTHER STATE 7 OR LOCAL AUTHORITY OR INSTRUMENTALITY OF THIS STATE UNTIL THE STATE 8 AUTHORITY OR LOCAL AUTHORITY HAS RECEIVED FULL REPAYMENT OF THE AMOUNT 9 DUE. (E) WHENEVER THE ATTORNEY GENERAL HAS GOOD REASON TO BELIEVE THAT 10 THE RECIPIENT'S FAILURE TO FULFILL THE FINANCIAL ASSISTANCE AGREEMENT 11 INVOLVES THE STATE'S INTEREST, OR THAT THE RECIPIENT HAS COMMITTED A 12 SUBSTANTIAL VIOLATION OF THE LAWS OF THIS STATE, HE OR SHE MAY COMMENCE 13 AN ACTION TO RECOVER THE FINANCIAL ASSISTANCE AND FOR SUCH OTHER RELIEF 14 AS PROVIDED BY LAW. 15 4. THE AUTHORITIES BUDGET OFFICE SHALL ANNUALLY COMPILE A REPORT ON 16 THE OUTCOMES AND EFFECTIVENESS OF RECAPTURE PROVISIONS BY PROGRAM, 17 INCLUDING, BUT NOT LIMITED TO: (A) THE TOTAL NUMBER OF COMPANIES THAT 18 RECEIVE FINANCIAL ASSISTANCE AS DEFINED IN THIS ARTICLE; (B) THE TOTAL 19 NUMBER OF RECIPIENTS IN VIOLATION OF DEVELOPMENT AGREEMENTS; (C) THE 20 TOTAL NUMBER OF COMPLETED RECAPTURE EFFORTS; (D) THE TOTAL NUMBER OF 21 RECAPTURE EFFORTS INITIATED; AND (E) THE TOTAL NUMBER OF WAIVERS GRANT- 22 ED. SUCH REPORT SHALL BE DISCLOSED CONSISTENT WITH THE PROVISIONS OF 23 SECTION TWENTY-EIGHT HUNDRED OF THIS ARTICLE. 24 5. THE STATE AUTHORITY, LOCAL AUTHORITY OR STATE GRANTING BODY MAY 25 ELECT TO WAIVE ENFORCEMENT OF ANY CONTRACTUAL PROVISION ARISING OUT OF 26 THE FINANCIAL ASSISTANCE AGREEMENT, BASED ON THE FINDING THAT THE WAIVER 27 IS NECESSARY TO AVERT IMMINENT AND DEMONSTRABLE HARDSHIP TO THE RECIPI- 28 ENT, ONLY AFTER APPROVAL BY THE AFFECTED TAXING JURISDICTIONS. IF THE 29 WAIVER IS GRANTED, THE RECIPIENT MUST AGREE TO A CONTRACTUAL MODIFICA- 30 TION TO THE FINANCIAL ASSISTANCE AGREEMENT THAT INCLUDES RECAPTURE 31 PROVISIONS. 32 S 2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET. 1. FOR EACH STATE FISCAL 33 YEAR ENDING ON OR AFTER JUNE THIRTIETH, TWO THOUSAND FOURTEEN, THE 34 DEPARTMENT OF TAXATION AND FINANCE SHALL SUBMIT AN ANNUAL UNIFIED 35 ECONOMIC DEVELOPMENT BUDGET TO THE GOVERNOR, SENATE AND ASSEMBLY. THE 36 UNIFIED ECONOMIC DEVELOPMENT BUDGET SHALL BE DUE WITHIN THREE MONTHS 37 AFTER THE END OF THE FISCAL YEAR, AND SHALL PRESENT ALL TYPES OF PROJECT 38 SPECIFIC FINANCIAL ASSISTANCE GRANTED DURING THE PRIOR FISCAL YEAR, 39 INCLUDING, AT A MINIMUM: 40 (A) THE AMOUNT OF UNCOLLECTED STATE TAX REVENUES RESULTING FROM EVERY 41 CORPORATE TAX CREDIT, ABATEMENT, EXEMPTION AND REDUCTION PROVIDED BY THE 42 STATE OR A LOCAL GOVERNMENTAL UNIT INCLUDING BUT NOT LIMITED TO GROSS 43 RECEIPTS, INCOME, SALES, USE, RAW MATERIALS, EXCISE, PROPERTY, UTILITY, 44 AND INVENTORY TAXES; 45 (B) THE AMOUNT OF UNCOLLECTED STATE TAX REVENUES RESULTING FROM EVERY 46 TAX EXEMPT BOND OR LOAN PROVIDED BY THE STATE OR A LOCAL GOVERNMENTAL 47 UNIT; 48 (C) THE AMOUNT OF FINANCIAL ASSISTANCE PROVIDED FROM EVERY GRANT BY 49 THE STATE OR A LOCAL GOVERNMENTAL UNIT; 50 (D) ESTIMATES PREPARED BY THE COMMISSIONER OF TAXATION AND FINANCE, IN 51 CONJUNCTION WITH THE DIRECTOR OF THE BUDGET, OF THE COST OF SUCH FINAN- 52 CIAL ASSISTANCE FOR THE: (I) CURRENT TAXABLE OR CALENDAR YEAR; AND (II) 53 THE FIVE PRECEDING YEARS; 54 (E) THE NAME OF EACH CORPORATE TAXPAYER WHICH CLAIMED ANY FINANCIAL 55 ASSISTANCE UNDER PARAGRAPH (A), (B) OR (C) OF THIS SUBDIVISION OF ANY S. 6870 7 1 VALUE EQUAL TO OR GREATER THAN FIVE THOUSAND DOLLARS, TOGETHER WITH THE 2 DOLLAR AMOUNT RECEIVED BY EACH SUCH CORPORATION; 3 (F) ANY TAX CREDIT, ABATEMENT, EXEMPTION OR REDUCTION RECEIVED BY A 4 CORPORATION OF LESS THAN FIVE THOUSAND DOLLARS EACH SHALL NOT BE ITEM- 5 IZED. THE AGGREGATE DOLLAR AMOUNT OF SUCH EXPENDITURES AND THE NUMBER OF 6 COMPANIES SO AGGREGATED FOR EACH TAX EXPENDITURE SHALL BE INCLUDED; 7 (G) ALL STATE APPROPRIATED EXPENDITURES FOR ECONOMIC DEVELOPMENT, 8 INCLUDING EXPENDITURES FOR INFRASTRUCTURE IMPROVEMENTS RELATED TO REAL 9 PROPERTY FOR WHICH THE STATE WOULD NOT PAY ABSENT THE DEVELOPMENT 10 PROJECT, AND LINE-ITEM BUDGETS FOR EVERY STATE-FUNDED ENTITY CONCERNED 11 WITH ECONOMIC DEVELOPMENT; 12 (H) THE PROVISIONS OF LAW AUTHORIZING SUCH TAX EXPENDITURES, THEIR 13 EFFECTIVE DATES, THE PROGRAM, IF ANY EXISTS, THROUGH WHICH THE FINANCIAL 14 ASSISTANCE IS GRANTED, THE AGENCIES OR ENTITIES THAT MANAGE THE PROGRAM 15 AND/OR AUTHORIZE THE FINANCIAL ASSISTANCE, AND, IF APPLICABLE, THE DATES 16 ON WHICH SUCH FINANCIAL ASSISTANCE EXPIRES OR IS REDUCED; 17 (I) ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING, MODIFY- 18 ING, OR REPEALING SUCH FINANCIAL ASSISTANCE, AND SUCH OTHER INFORMATION 19 REGARDING DEVELOPMENT EXPENDITURES AS THE EXECUTIVE MAY FEEL USEFUL AND 20 APPROPRIATE; 21 (J) IF THE GOVERNOR'S BUDGET INCLUDES PROPOSALS FOR THE EXPIRATION, 22 MODIFICATION, OR REPEAL OF SUCH FINANCIAL ASSISTANCE OR FOR THE ADDITION 23 OF FINANCIAL ASSISTANCE IN OR TO SUCH ARTICLES OR SUCH LAW, SUCH REPORT 24 SHALL ALSO CONTAIN, TO THE EXTENT RELIABLE DATA ARE AVAILABLE, AN ANALY- 25 SIS OF THE NUMBER AND TYPES OF PERSONS AND ENTITIES BENEFITING OR 26 EXPECTED TO BENEFIT FROM SUCH FINANCIAL ASSISTANCE, AN ESTIMATE OF THE 27 COSTS OF SUCH FINANCIAL ASSISTANCE FOR THE COMING FISCAL YEAR, AND AN 28 EXPLANATION OF THE REASONS FOR THE PROPOSALS; 29 (K) GENERAL CAUTIONARY AND ADVISORY NOTES CONCERNING LIMITATIONS OF 30 DATA, ESTIMATION PROCEDURES, SAMPLING ERRORS AND IMPUTED VALUES, PROMI- 31 NENTLY DISPLAYED. 32 S 2995. RESTRICTIONS ON FUNDS OF LOCAL AND STATE AUTHORITIES. 1. NO 33 FINANCIAL ASSISTANCE OF THE STATE AUTHORITY OR LOCAL AUTHORITY SHALL BE 34 USED IN RESPECT OF ANY PROJECT IF THE COMPLETION THEREOF WOULD RESULT IN 35 THE REMOVAL OF ALL OR ANY PART OF A FACILITY OR PLANT OF THE PROJECT 36 OCCUPANT FROM ONE AREA OF THE STATE TO ANOTHER AREA OF THE STATE OR IN 37 THE ABANDONMENT OF ALL OR ANY PART OF ONE OR MORE PLANTS OR FACILITIES 38 OF THE PROJECT OCCUPANT LOCATED WITHIN THE STATE, OR IN THE LOSS OF 39 EMPLOYMENT IN THE LABOR MARKET AREA FROM WHICH THE RELOCATION OCCURS, 40 PROVIDED, HOWEVER, THAT NEITHER RESTRICTION SHALL APPLY IF (A) THE PRIOR 41 CONSENT OF THE AFFECTED TAXING JURISDICTIONS FROM WHICH ALL OR ANY PART 42 OF A FACILITY OR PLANT OF THE PROJECT OCCUPANT WILL BE REMOVED OR ABAN- 43 DONED IS PROVIDED IN WRITING AND (B) THE AUTHORITY SHALL DETERMINE ON 44 THE BASIS OF CLEAR AND CONVINCING EVIDENCE THAT THE PROJECT IS REASON- 45 ABLY NECESSARY TO DISCOURAGE THE PROJECT OCCUPANT FROM REMOVING SUCH 46 OTHER PLANT OR FACILITY TO A LOCATION OUTSIDE THE STATE OR IS REASONABLY 47 NECESSARY TO PRESERVE THE COMPETITIVE POSITION OF THE PROJECT OCCUPANT 48 IN ITS RESPECTIVE INDUSTRY. 49 2. UPON A COMPLAINT BY A LOCAL OR STATE ELECTED OFFICIAL THAT FINAN- 50 CIAL ASSISTANCE OF AN AUTHORITY HAS RESULTED IN THE ABANDONMENT OR 51 REMOVAL BY A PROJECT OCCUPANT OF ALL OR ANY PART OF ONE OR MORE PLANTS 52 OR FACILITIES IN SUCH MUNICIPALITY, THE AUTHORITIES BUDGET OFFICE OR A 53 DESIGNEE SHALL INVESTIGATE SUCH ALLEGATION AND MAY SCHEDULE A PUBLIC 54 HEARING ON THE MATTER. IF THE AUTHORITIES BUDGET OFFICE DETERMINES THAT 55 THE COMPLAINT IS VALID, THE AUTHORITY THAT PROVIDED THE FINANCIAL 56 ASSISTANCE SHALL RECAPTURE THE ASSISTANCE FROM THE PROJECT APPLICANT, S. 6870 8 1 AND PAY TO THE MUNICIPALITY AN AMOUNT EQUAL TO THE PORTION OF TAX OR 2 TAXES THAT THE PROJECT APPLICANT SAVED OR AVOIDED DUE TO ITS RELOCATION 3 AND THE AUTHORITY IS SUSPENDED FROM NEGOTIATING ANY FINANCIAL ASSISTANCE 4 AGREEMENTS FOR ONE YEAR. 5 3. NO FINANCIAL ASSISTANCE OF THE STATE OR LOCAL AUTHORITY SHALL BE 6 USED TO ASSIST IN THE RELOCATION OF ALL OR ANY PART OF A PLANT, FACILITY 7 OR OPERATION FROM ONE LOCATION IN THE STATE WITH EXISTING INFRASTRUCTURE 8 TO ANOTHER LOCATION IN THE STATE WITH NO EXISTING INFRASTRUCTURE. 9 S 2996. DESIGNATED BOARD REPRESENTATION. EXCEPT AS OTHERWISE PROVIDED 10 BY SPECIAL ACT OF THE LEGISLATURE, A STATE AUTHORITY OR LOCAL AUTHORITY 11 SHALL CONSIST OF NOT LESS THAN THREE MEMBERS WHO SHALL BE APPOINTED BY 12 THE GOVERNING BODY OF EACH MUNICIPALITY AND WHO SHALL SERVE FOR A TERM 13 OF FOUR YEARS. EACH BOARD SHALL BE REPRESENTATIVE OF LOCAL BUSINESSES, 14 ORGANIZED LABOR, COMMUNITY ORGANIZATIONS, ENVIRONMENTAL ORGANIZATIONS, 15 WORKFORCE DEVELOPMENT ORGANIZATIONS, FINANCIAL INSTITUTIONS, LOCAL 16 EDUCATIONAL INSTITUTIONS AND RESIDENTS OF THE AREA. A MEMBER SHALL 17 CONTINUE TO HOLD OFFICE UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS 18 QUALIFIED. THE GOVERNING BODY OF EACH MUNICIPALITY SHALL DESIGNATE THE 19 FIRST CHAIRPERSON AND FILE WITH THE SECRETARY OF STATE A CERTIFICATE OF 20 APPOINTMENT OR REAPPOINTMENT OF ANY MEMBER. SUCH MEMBERS SHALL RECEIVE 21 NO COMPENSATION FOR THEIR SERVICES BUT SHALL BE ENTITLED TO THE NECES- 22 SARY EXPENSES, INCLUDING TRAVELING EXPENSES, INCURRED IN THE DISCHARGE 23 OF THEIR DUTIES. MEMBERS MUST NOT BE OR HAVE, WITHIN THE PAST FIVE 24 YEARS, BEEN: 25 1. AN EMPLOYEE OR AN OWNER OF A FIRM THAT IS A PAID ADVISOR OR 26 CONSULTANT OF THE AUTHORITY, INCLUDING A PRESENT OR FORMER INDEPENDENT 27 AUDITOR OF THE AUTHORITY; 28 2. EMPLOYED BY A SIGNIFICANT SUPPLIER OF THE AUTHORITY; 29 3. EMPLOYED BY AND HAD A FIVE PERCENT OR GREATER OWNERSHIP INTEREST IN 30 A SUPPLIER WHERE SALES TO THE AUTHORITY REPRESENT MORE THAN ONE PERCENT 31 OF THE SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF THE PURCHASES 32 OF THE AUTHORITY; AND 33 4. A LOBBYIST REGISTERED UNDER A STATE OR LOCAL LAW COVERING ANY 34 JURISDICTION SERVED IN WHOLE OR IN PART BY THE AUTHORITY. 35 S 2997. TARGETED HIRE. 1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW 36 TO THE CONTRARY, AND EXCEPT AS IS OTHERWISE PROVIDED BY COLLECTIVE 37 BARGAINING CONTRACTS OR AGREEMENTS, RECIPIENTS OF MORE THAN ONE HUNDRED 38 THOUSAND DOLLARS IN CUMULATIVE FINANCIAL ASSISTANCE BY LOCAL AND STATE 39 AUTHORITIES, AS WELL AS COVERED EMPLOYERS, SHALL ENSURE THAT (A) FIFTY 40 PERCENT OF CONSTRUCTION AND NON-CONSTRUCTION WORKER HOURS PERFORMED ON 41 THE PROJECT BENEFITING FROM THE FINANCIAL ASSISTANCE ARE PERFORMED BY 42 RESIDENTS OF A NEW YORK METROPOLITAN STATISTICAL AREA (MSA), MICROPOLI- 43 TAN STATISTICAL AREA (MISA), OR COUNTY THAT IS NOT DESIGNATED AS AN MSA 44 OR MISA, AS DEFINED BY THE UNITED STATES BUREAU OF LABOR STATISTICS, 45 THAT CONTAINS THE PROJECT OR ANY PART THEREOF, AND IN WHICH THE MOST 46 RECENT CENSUS DETERMINES THAT THE POVERTY OR UNEMPLOYMENT RATE IS HIGHER 47 THAN THE AVERAGE (AGGREGATED) POVERTY OR UNEMPLOYMENT RATE OF THE 48 REGIONAL LABOR MARKET STATES OF NEW YORK, CONNECTICUT, MASSACHUSETTS, 49 NEW JERSEY, PENNSYLVANIA AND VERMONT; AND (B) TWENTY-FIVE PERCENT OF 50 CONSTRUCTION WORKER HOURS PERFORMED ON THE PROJECT BENEFITING FROM THE 51 FINANCIAL ASSISTANCE ARE PERFORMED BY APPRENTICES. 52 2. IF THE PERCENTAGE TARGETED HIRING REQUIREMENTS OF SUBDIVISION ONE 53 OF THIS SECTION HAVE NOT BEEN SATISFIED FOR A PROJECT, THE RECIPIENT 54 NONETHELESS MAY BE DEEMED TO BE IN COMPLIANCE IF IT DEMONSTRATES THAT IT 55 AND EACH COVERED EMPLOYER HAVE EITHER (A) SATISFIED THE TARGETED HIRING 56 REQUIREMENTS WITH REGARD TO THE PROJECT WORK THAT EACH HAS PERFORMED OR S. 6870 9 1 (B) SATISFACTORILY DEMONSTRATED THE FOLLOWING: (I) ADHERENCE TO PROCE- 2 DURES CONTAINED IN AN APPROVED TARGETED HIRING PLAN; (II) AS APPROPRI- 3 ATE, MADE REQUESTS TO UNIONS, USING PROPER FORMS, OF SUFFICIENT NUMBERS 4 OF TARGETED WORKERS AND APPRENTICES TO MEET THE TARGETED HIRING PERCENT- 5 AGES SET FORTH IN SUBDIVISION ONE OF THIS SECTION; (III) AS APPROPRIATE, 6 DOCUMENTED CONTACT WITH THE APPROPRIATE AGENCY REPRESENTATIVE IN EACH 7 INSTANCE WHEN THE RELEVANT UNION DID NOT REFER QUALIFIED TARGETED WORK- 8 ERS WITHIN THE FORTY-EIGHT HOURS FOLLOWING THE CONTRACTOR'S REQUEST; 9 (IV) FAIR CONSIDERATION BY THE RECIPIENT AND COVERED EMPLOYERS OF ANY 10 TARGETED WORKER RECEIVED FROM ANY REFERRAL SOURCE; (V) ACCURATE RECORDS 11 DOCUMENTING THE RECIPIENT'S AND COVERED EMPLOYERS' COMPLIANCE EFFORTS 12 THAT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: (1) A LISTING BY 13 NAME AND ADDRESS OF ALL LOCAL RECRUITMENT SOURCES CONTACTED BY THE 14 RECIPIENT AND COVERED EMPLOYERS; (2) THE NUMBER OF TARGETED WORKER HIRES 15 MADE AS A RESULT OF THE CONTACT; (3) THE IDENTITY AND ADDRESS OF THE 16 WORKER OR WORKERS HIRED PURSUANT TO THE CONTACT; (4) DOCUMENTATION WHEN 17 A TARGETED WORKER WAS NOT HIRED (INCLUDING THE REASON FOR NON-HIRE) 18 AND/OR PREMATURE TERMINATION; (5) FOR CONSTRUCTION PROJECTS ONLY, RECIP- 19 IENTS SHALL ALSO INCLUDE THE DATE OF THE LOCAL RECRUITMENT CONTACT AND 20 THE IDENTITY OF THE PERSON CONTACTED, THE TRADE AND CLASSIFICATION AND 21 NUMBER OF HIRE REFERRALS REQUESTED. 22 3. FINANCIAL ASSISTANCE RECIPIENTS SHALL GUARANTEE THAT ALL COVERED 23 EMPLOYERS OPERATING ON THEIR PREMISES OR ON THE PREMISES OF REAL PROPER- 24 TY IMPROVED OR DEVELOPED WITH FINANCIAL ASSISTANCE COMPLY WITH THE 25 REQUIREMENTS OF THIS SECTION. 26 4. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE ANY RECIPIENT OR 27 COVERED EMPLOYER TO OFFER EMPLOYMENT TO ANY PARTICULAR INDIVIDUAL, OR 28 OTHERWISE AFFECT THE AUTHORITY OF ANY EMPLOYER WITH REGARD TO PERSONNEL 29 MATTERS. 30 5. A COMPLAINT FOR A VIOLATION OF THIS SECTION MAY BE FILED BY AN 31 AFFECTED EMPLOYEE, JOB APPLICANT, OR BY AN ORGANIZATION REPRESENTING 32 SUCH EMPLOYEE, PURSUANT TO THE PROCEDURES UNDER ARTICLES EIGHT AND NINE 33 OF THE LABOR LAW. 34 6. THE RELEVANT FISCAL OFFICER, AS DEFINED IN SUBDIVISION EIGHT OF 35 SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, SHALL HAVE THE AUTHORITY TO 36 ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION. MONITORING 37 ACTIVITIES MAY INCLUDE REQUESTS TO PRODUCE DOCUMENTATION INCLUDING THE 38 PROVISION OF CERTIFIED PAYROLLS, SITE VISITS, INTERVIEWS, REVIEW OF 39 REQUIRED REPORTS, AND ANY OTHER MONITORING ACTIVITIES THE FISCAL OFFICER 40 REASONABLY FINDS NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION. 41 COVERED EMPLOYERS SHALL COOPERATE FULLY AND PROMPTLY WITH ANY INQUIRIES 42 THE FISCAL OFFICER DEEMS NECESSARY IN ORDER TO MONITOR COMPLIANCE WITH 43 THIS SECTION. THE FISCAL OFFICER MAY REVIEW A COVERED EMPLOYER'S 44 COMPLIANCE WITH THIS SECTION EITHER ON ITS OWN INITIATIVE OR AFTER 45 RECEIVING A COMPLAINT OR INQUIRY FROM A MEMBER OF THE PUBLIC OR CITY OR 46 STATE STAFF. 47 7. STATE AUTHORITIES, LOCAL AUTHORITIES, OR ANY OTHER STATE GRANTING 48 BODIES SHALL PREPARE QUARTERLY TARGETED HIRE REPORTS LISTING EACH SUBSI- 49 DY RECIPIENT, WHETHER IT IS SUBJECT TO SUBDIVISION ONE OF THIS SECTION, 50 AND WHETHER IT HAS MET THE PERCENT TARGETED HIRE REQUIREMENTS IDENTIFIED 51 IN SUBDIVISION ONE OF THIS SECTION. THE REPORT SHALL IDENTIFY THE 52 PERCENTAGE OF WORKERS IN EACH PROJECT THAT RESIDE IN AN MSA, MISA OR 53 COUNTY NOT DESIGNATED AS AN MSA OR MISA AND CONTAINING THE PROJECT, AS 54 WELL AS THE PERCENTAGE OF WORKERS THAT ARE NEW YORK RESIDENTS. THESE 55 REPORTS SHALL BE AVAILABLE TO THE PUBLIC. DATA FROM THE QUARTERLY S. 6870 10 1 REPORTS MAY BE USED TO COMPILE THE ANNUAL REPORT, IDENTIFIED IN SECTION 2 TWENTY-EIGHT HUNDRED OF THIS ARTICLE. 3 8. THE FISCAL OFFICER SHALL PROMPTLY NOTIFY THE STATE OR LOCAL PUBLIC 4 AUTHORITY AFTER A FINAL JUDGMENT DETERMINING THAT THE EMPLOYER HAS 5 VIOLATED THIS SECTION. UPON RECEIPT OF SUCH NOTICE, THE AUTHORITY SHALL 6 IMMEDIATELY SUSPEND FINANCIAL ASSISTANCE TO THE RECIPIENT. THE RECIPIENT 7 SHALL REPAY SUCH ASSISTANCE TO THE AUTHORITY PURSUANT TO SECTION TWEN- 8 TY-NINE HUNDRED NINETY-THREE OF THIS TITLE. 9 9. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING OR 10 CONFLICTING WITH ANY LAW, OBLIGATION, OR COLLECTIVE BARGAINING AGREEMENT 11 THAT REQUIRES GREATER LEVELS OF TARGETED HIRING FOR RECIPIENTS OR 12 COVERED EMPLOYERS. 13 10. ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION, ANY ENTITY A 14 MEMBER OF WHICH IS AGGRIEVED BY A VIOLATION OF THIS SECTION, OR ANY 15 OTHER PERSON OR ENTITY ACTING ON BEHALF OF THE PUBLIC AS PROVIDED FOR 16 UNDER APPLICABLE STATE LAW, MAY BRING A CIVIL ACTION IN A COURT OF 17 COMPETENT JURISDICTION AGAINST THE RECIPIENT OR COVERED EMPLOYER VIOLAT- 18 ING THIS SECTION AND, UPON PREVAILING, SHALL BE AWARDED REASONABLE 19 ATTORNEYS' FEES AND COSTS AND SHALL BE ENTITLED TO SUCH LEGAL OR EQUITA- 20 BLE RELIEF AS MAY BE APPROPRIATE TO REMEDY THE VIOLATION. PROVIDED, 21 HOWEVER, THAT ANY PERSON OR ENTITY ENFORCING THIS TITLE ON BEHALF OF THE 22 PUBLIC AS PROVIDED FOR UNDER APPLICABLE STATE LAW SHALL, UPON PREVAIL- 23 ING, BE ENTITLED ONLY TO EQUITABLE, INJUNCTIVE OR RESTITUTIONARY RELIEF 24 TO EMPLOYEES OR JOB APPLICANTS, AND REASONABLE ATTORNEYS' FEES AND 25 COSTS. 26 S 2998. PAYMENTS IN LIEU OF TAXES. NO PAYMENT IN LIEU OF TAXES AGREE- 27 MENT SHALL BE FOR A PERIOD OF TIME LONGER THAN FIVE YEARS. THE AGREEMENT 28 SHALL BE RENEWABLE FOR ONE ADDITIONAL PERIOD OF FIVE YEARS, SO LONG AS 29 THE RECIPIENT HAS MET THE CONDITIONS OF THE FINANCIAL ASSISTANCE AGREE- 30 MENT AND AFTER A VOTE BY THE RELEVANT BOARD. 31 S 5. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2 32 of section 2800 of the public authorities law, as amended by chapter 506 33 of the laws of 2009, are amended to read as follows: 34 (a) For the purpose of furnishing the state with systematic informa- 35 tion regarding the status and the activities of public authorities, 36 every state authority continued or created by this chapter or any other 37 chapter of the laws of the state of New York shall submit to the gover- 38 nor, the chairman and ranking minority member of the senate finance 39 committee, the chairman and ranking minority member of the assembly ways 40 and means committee, the state comptroller, and the authorities budget 41 office, within ninety days after the end of its fiscal year, a complete 42 and detailed report or reports setting forth: (1) its operations and 43 accomplishments; (2) its financial reports, including (i) audited finan- 44 cials in accordance with all applicable regulations and following gener- 45 ally accepted accounting principles as defined in subdivision ten of 46 section two of the state finance law, (ii) grant and subsidy programs, 47 (iii) operating and financial risks, (iv) current ratings, if any, of 48 its bonds issued by recognized municipal bond rating agencies and notice 49 of changes in such ratings, and (v) long-term liabilities, including 50 leases and employee benefit plans; (3) its mission statement and meas- 51 urements including its most recent measurement report; (4) a schedule of 52 its bonds and notes outstanding at the end of its fiscal year, together 53 with a statement of the amounts redeemed and incurred during such fiscal 54 year as part of a schedule of debt issuance that includes the date of 55 issuance, term, amount, interest rate and means of repayment. Addi- 56 tionally, the debt schedule shall also include all refinancings, calls, S. 6870 11 1 refundings, defeasements and interest rate exchange or other such agree- 2 ments, and for any debt issued during the reporting year, the schedule 3 shall also include a detailed list of costs of issuance for such debt; 4 (5) a compensation schedule, in addition to the report described in 5 section twenty-eight hundred six of this title, that shall include, by 6 position, title and name of the person holding such position or title, 7 the salary, compensation, allowance and/or benefits provided to any 8 officer, director or employee in a decision making or managerial posi- 9 tion of such authority whose salary is in excess of one hundred thousand 10 dollars; (5-a) biographical information, not including confidential 11 personal information, for all directors and officers and employees for 12 whom salary reporting is required under subparagraph five of this para- 13 graph; (6) the projects undertaken by such authority during the past 14 year, MADE AVAILABLE TO THE PUBLIC IN AN ELECTRONIC NON-PROPRIETARY AND 15 DOWNLOADABLE DATABASE, THAT SHALL INCLUDE BUT NOT BE LIMITED TO: 16 (I) PROJECT DESCRIPTION: (A) NAME AND ADDRESS OF PROJECT APPLICANT, 17 INCLUDING NAMES OF PRINCIPAL OFFICERS, ANY PARENT OR SUBSIDIARY CORPO- 18 RATIONS AND MAJOR SHAREHOLDERS; (B) NAME OF THE SITE CONSULTANTS, 19 PROJECT ARCHITECT, ENGINEER AND CONTRACTORS; (C) PROJECT DESCRIPTION, 20 INCLUDING ADDRESS, BLOCK AND LOT, PROPERTY AND BUILDING SIZE, PROPOSED 21 START AND COMPLETION DATES FOR THE FINANCIAL TRANSACTION, PROJECT GOALS, 22 AND DESCRIPTION OF PROJECT TENANTS; (D) ELECTRONIC LINK TO THE FINAL 23 APPLICATION, THE FINANCIAL ASSISTANCE AGREEMENT, THE COST BENEFIT ANALY- 24 SIS, ENVIRONMENTAL IMPACT ASSESSMENT AND/OR ENVIRONMENTAL IMPACT STATE- 25 MENT, AND WHERE APPLICABLE THE QUARTERLY TARGETED HIRE REPORT; (E) 26 WHETHER PROJECT IS LOCATED IN AN AREA OF HIGH ECONOMIC DISTRESS OR ON A 27 BROWNFIELD OPPORTUNITY AREA; (F) THE AMOUNT, TYPE AND DATE OF CAPITAL 28 INVESTMENT TO BE PROVIDED BY THE RECIPIENT, ORIGINALLY COMMITTED AND TO 29 DATE; (G) AMOUNT, TYPE, AND DATE OF PUBLIC INFRASTRUCTURE INVESTMENTS 30 MADE BY RECIPIENT, ORIGINALLY COMMITTED AND TO DATE; (H) AMOUNT AND TYPE 31 OF AFFORDABLE HOUSING TO BE BUILT, IF ANY, ORIGINALLY COMMITTED AND TO 32 DATE; (I) NAICS CODE FOR PROJECT; (J) THE PUBLIC PURPOSE OF THE PROJECT; 33 (K) AMOUNT AND TYPE OF POINT SOURCE AND NON-POINT SOURCE POLLUTION 34 RESULTING FROM THE PROJECT, IF ANY, ANNUALLY AND TO DATE; (L) AMOUNT AND 35 TYPE OF ENERGY USE AT PROJECT LOCATION, ORIGINALLY BENCHMARKED AND TO 36 DATE; AND (M) AMOUNT OF GREENHOUSE GAS EMISSIONS AT PROJECT LOCATION 37 ORIGINALLY BENCHMARKED AND TO DATE; 38 (II) FINANCIAL ASSISTANCE: (A) CATEGORIZED DESCRIPTION OF THE TOTAL 39 AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY OVER 40 THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT COMMIT- 41 TED DURING THE PRIOR FISCAL YEAR, INCLUDING THE VALUE OF ANY PROPERTY 42 SOLD OR LEASED AT LESS THAN FAIR MARKET VALUE; (B) DESCRIPTION OF THE 43 NET AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY 44 OVER THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT 45 COMMITTED DURING THE PRIOR FISCAL YEAR, AND WHERE APPLICABLE, THE 46 AMOUNT, TYPE, AND DATE OF PILOT PAYMENTS BY TAX JURISDICTION, ORIGINAL 47 AND TO DATE; (C) ATTACHMENT OF THE YEARLY SCHEDULE OF EXEMPTIONS AND 48 OTHER BENEFITS COMMITTED BY THE AUTHORITY FOR EACH YEAR OF THE LIFE OF 49 THE DEAL; (D) AMOUNT OF PUBLIC ASSISTANCE, TOTAL, BY PROGRAM, AND BY 50 TYPE OF FINANCIAL ASSISTANCE, COMMITTED TO THE PROJECT BY ALL OTHER 51 FEDERAL, STATE, COUNTY, AND LOCAL PROGRAMS AS OF THE DATE OF THE 52 EXECUTION OF THE AGREEMENT, AS WELL AS UPDATED FOR THE PRIOR FISCAL 53 YEAR; AND (E) AMOUNT AND TYPE OF INFRASTRUCTURE INVESTMENTS INCURRED BY 54 FEDERAL, STATE, COUNTY, AND LOCAL GOVERNMENTS ON BEHALF OF THE PROJECT. 55 (III) PROJECT CRITERIA: (A) NUMBER AND TYPES OF FULL-TIME AND 56 PART-TIME JOBS EXISTING AT THE PROJECT ON THE DATE THE ORIGINAL AGREE- S. 6870 12 1 MENT WAS EXECUTED, AND MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB 2 CLASSIFICATION; (B) NUMBER AND TYPES OF FULL-TIME AND PART-TIME JOBS 3 ORIGINALLY COMMITTED, AS PER FINANCIAL ASSISTANCE AGREEMENT, AND MEDIAN 4 ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION; (C) NUMBER OF FULL 5 TIME AND PART TIME JOBS RETAINED TO DATE; (D) NUMBER OF FULL TIME AND 6 PART TIME TEMPORARY CONSTRUCTION JOBS CREATED BY APPLICANT AND BY 7 PROJECT TENANTS TO DATE; (E) NUMBER OF FULL TIME AND PART TIME NON-CON- 8 STRUCTION JOBS CREATED BY APPLICANT AND BY PROJECT TENANTS TO DATE; (F) 9 MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF FULL TIME 10 AND PART TIME, CONSTRUCTION AND NON-CONSTRUCTION JOBS CREATED AND 11 RETAINED TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND NON-CON- 12 STRUCTION JOBS; (H)(1) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE 13 OF NEW YORK RESIDENTS, SEPARATED BY CONSTRUCTION AND NON-CONSTRUCTION 14 EMPLOYEES; (2) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL 15 RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN STATISTICAL 16 AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY NOT WITHIN 17 AN MSA OR MISA, IN WHICH THE PROJECT OCCURS, SEPARATED BY CONSTRUCTION 18 AND NON-CONSTRUCTION EMPLOYEES; (I) RECIPIENT USE OF UNION CONSTRUCTION 19 APPRENTICESHIP PROGRAMS OR ANY OTHER LOCAL WORKFORCE DEVELOPMENT 20 PROGRAM, ORIGINAL AND TO DATE; (J) WHETHER OR NOT THE PROJECT COMPLIED 21 WITH EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY 22 ACT; (K) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (L) WHETHER OR 23 NOT THE PROJECT HAS MET EACH BENCHMARK AND IF NOT, THE FINANCIAL ASSIST- 24 ANCE AMOUNT THE AUTHORITY HAS RECAPTURED DURING THE CURRENT YEAR AND TO 25 DATE; AND (M) WHETHER THE PROJECT HAS A SUBSIDY RECAPTURE PROVISION. 26 (IV) OTHER: (A) WHETHER RECIPIENT, ITS OFFICERS, PRINCIPALS, PARENT 27 COMPANY, SUBSIDIARIES OR MAJOR SHAREHOLDERS HAVE (1) VIOLATED THE 28 PREVAILING WAGE LAW UNDER ARTICLE EIGHT OF THE LABOR LAW OR THE FEDERAL 29 DAVIS-BACON ACT; (2) VIOLATED STATE OR FEDERAL LAWS RELATING TO UNEM- 30 PLOYMENT COMPENSATION, WORKERS' COMPENSATION, OCCUPATIONAL HEALTH AND 31 SAFETY, EMPLOYEE MISCLASSIFICATION, EMPLOYMENT DISABILITY, EMPLOYMENT 32 DISCRIMINATION, OR OTHER LABOR LAWS; (3) VIOLATED STATE OR FEDERAL ENVI- 33 RONMENTAL PROTECTION LAWS; (4) FAILED TO FILE FEDERAL, STATE OR LOCAL 34 TAX RETURNS, ANY TAX LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS OF 35 AGREEMENTS OR LAWS UNDER WHICH A TAX CREDIT, TAX EXEMPTION, LOAN OR 36 GRANT WAS AWARDED BY ANY FEDERAL, STATE OR LOCAL ENTITY; AND (5) DISCLO- 37 SURE OF ANY INVESTIGATIONS STARTED OR PENDING; (B) A DESCRIPTION OF SUCH 38 VIOLATIONS; AND (C) A STATEMENT AS TO WHETHER THE USE OF THE FINANCIAL 39 ASSISTANCE DURING THE PREVIOUS FISCAL YEAR HAS REDUCED EMPLOYMENT AT ANY 40 OTHER SITE CONTROLLED BY THE RECIPIENT CORPORATION OR ITS CORPORATE 41 PARENT, WITHIN OR WITHOUT THE STATE AS A RESULT OF AUTOMATION, MERGER, 42 ACQUISITION, CORPORATE RESTRUCTURING OR OTHER BUSINESS ACTIVITY. 43 (V) PRIOR PROJECTS. WHERE INFORMATION REQUESTED UNDER THIS SUBDIVISION 44 IS NOT REQUIRED TO BE COLLECTED BECAUSE THE PROJECT WAS APPROVED PRIOR 45 TO THE EFFECTIVE DATE OF TITLE THIRTEEN OF THIS ARTICLE, IT SHALL BE 46 NOTED ACCORDINGLY IN THE REPORT. 47 (VI) DURATION. THE DATABASE SHALL BE FOR THE PERIOD COMMENCING ON THE 48 DATE THAT THE FINANCIAL ASSISTANCE AGREEMENT AND ANY OTHER DOCUMENTS 49 APPLICABLE TO SUCH PROJECT HAVE BEEN EXECUTED THROUGH THE FINAL YEAR 50 THAT SUCH ENTITY RECEIVES ASSISTANCE FOR SUCH PROJECT. AT SUCH POINT, 51 DATA ON RECIPIENTS OF FINANCIAL ASSISTANCE SHALL BE ARCHIVED AND AVAIL- 52 ABLE TO THE PUBLIC; (7) a listing and description AVAILABLE TO THE 53 PUBLIC IN A NON-PROPRIETARY ELECTRONIC DATABASE, in addition to the 54 report required by paragraph a of subdivision three of section twenty- 55 eight hundred ninety-six of this article of all real property of such 56 authority having an estimated fair market value in excess of fifteen S. 6870 13 1 thousand dollars that the authority acquires or disposes of THROUGH SALE 2 OR LEASE during such period. The report shall contain the price received 3 or paid by the authority, THE FAIR MARKET VALUE AT THE TIME OF SALE OR 4 LEASE, and the name of the purchaser or seller for all such property 5 sold or bought by the authority during such period; (8) such authority's 6 code of ethics; (9) an assessment of the effectiveness of its internal 7 control structure and procedures; (10) a copy of the legislation that 8 forms the statutory basis of the authority; (11) a description of the 9 authority and its board structure, including (i) names of committees and 10 committee members, (ii) lists of board meetings and attendance, (iii) 11 descriptions of major authority units, subsidiaries, [and] (iv) number 12 of employees, AND (V) ORGANIZATIONAL CHART; (12) its charter, if any, 13 and by-laws; (13) a listing of material changes in operations and 14 programs during the reporting year; (14) at a minimum a four-year finan- 15 cial plan, including (i) a current and projected capital budget, and 16 (ii) an operating budget report, including an actual versus estimated 17 budget, with an analysis and measurement of financial and operating 18 performance; (15) its board performance evaluations, INCLUDING ATTEND- 19 ANCE AND VOTING RECORDS BY EACH BOARD MEMBER; [provided, however, that 20 such evaluations shall not be subject to disclosure under article six of 21 the public officers law;] (16) a description of the total amounts of 22 assets, services or both assets and services bought or sold without 23 competitive bidding, including (i) the nature of those assets and 24 services, (ii) the names of the counterparties, and (iii) where the 25 contract price for assets purchased exceeds fair market value, or where 26 the contract price for assets sold is less than fair market value, a 27 detailed explanation of the justification for making the purchase or 28 sale without competitive bidding, and a certification by the chief exec- 29 utive officer and chief financial officer of the public authority that 30 they have reviewed the terms of such purchase or sale and determined 31 that it complies with applicable law and procurement guidelines; and 32 (17) a description of any material pending litigation in which the 33 authority is involved as a party during the reporting year, except that 34 no hospital need disclose information about pending malpractice claims 35 beyond the existence of such claims. 36 (a) Every local authority, continued or created by this chapter or any 37 other chapter of the laws of the state of New York shall submit to the 38 chief executive officer, the chief fiscal officer, the chairperson of 39 the legislative body of the local government or local governments and 40 the authorities budget office, within ninety days after the end of its 41 fiscal year, a complete and detailed report or reports setting forth: 42 (1) its operations and accomplishments; (2) its financial reports, 43 including (i) audited financials in accordance with all applicable regu- 44 lations and following generally accepted accounting principles as 45 defined in subdivision ten of section two of the state finance law, (ii) 46 grants and subsidy programs, (iii) operating and financial risks, (iv) 47 current ratings if any, of its bonds issued by recognized municipal bond 48 rating agencies and notice of changes in such ratings, and (v) long-term 49 liabilities, including leases and employee benefit plans; (3) its 50 mission statement and measurements including its most recent measurement 51 report; (4) a schedule of its bonds and notes outstanding at the end of 52 its fiscal year, together with a statement of the amounts redeemed and 53 incurred during such fiscal year as part of a schedule of debt issuance 54 that includes the date of issuance, term, amount, interest rate and 55 means of repayment. Additionally, the debt schedule shall also include 56 all refinancings, calls, refundings, defeasements and interest rate S. 6870 14 1 exchange or other such agreements, and for any debt issued during the 2 reporting year, the schedule shall also include a detailed list of costs 3 of issuance for such debt; (5) a compensation schedule in addition to 4 the report described in section twenty-eight hundred six of this title 5 that shall include, by position, title and name of the person holding 6 such position or title, the salary, compensation, allowance and/or bene- 7 fits provided to any officer, director or employee in a decision making 8 or managerial position of such authority whose salary is in excess of 9 one hundred thousand dollars; (5-a) biographical information, not 10 including confidential personal information, for all directors and offi- 11 cers and employees for whom salary reporting is required under subpara- 12 graph five of this paragraph; (6) the projects undertaken by such 13 authority during the past year, MADE AVAILABLE TO THE PUBLIC IN AN ELEC- 14 TRONIC NON-PROPRIETARY AND DOWNLOADABLE DATABASE, THAT SHALL INCLUDE BUT 15 NOT BE LIMITED TO: (I) PROJECT DESCRIPTION: (A) NAME AND ADDRESS OF 16 PROJECT APPLICANT, INCLUDING NAMES OF PRINCIPAL OFFICERS, ANY PARENT OR 17 SUBSIDIARY CORPORATIONS AND MAJOR SHAREHOLDERS; (B) NAME OF THE SITE 18 CONSULTANTS, PROJECT ARCHITECT, ENGINEER AND CONTRACTORS; (C) PROJECT 19 DESCRIPTION, INCLUDING ADDRESS, BLOCK AND LOT, PROPERTY AND BUILDING 20 SIZE, PROPOSED START AND COMPLETION DATES FOR THE FINANCIAL TRANSACTION, 21 PROJECT GOALS, AND DESCRIPTION OF PROJECT TENANTS; (D) ELECTRONIC LINK 22 TO THE FINAL APPLICATION, THE FINANCIAL ASSISTANCE AGREEMENT, THE COST 23 BENEFIT ANALYSIS, ENVIRONMENTAL IMPACT ASSESSMENT AND/OR ENVIRONMENTAL 24 IMPACT STATEMENT, AND WHERE APPLICABLE THE QUARTERLY TARGETED HIRE 25 REPORT; (E) WHETHER PROJECT IS LOCATED IN AN AREA OF HIGH ECONOMIC 26 DISTRESS OR ON A BROWNFIELD OPPORTUNITY AREA; (F) THE AMOUNT, TYPE AND 27 DATE OF CAPITAL INVESTMENT TO BE PROVIDED BY THE RECIPIENT, ORIGINALLY 28 COMMITTED AND TO DATE; (G) AMOUNT, TYPE, AND DATE OF PUBLIC INFRASTRUC- 29 TURE INVESTMENTS MADE BY RECIPIENT, ORIGINALLY COMMITTED AND TO DATE; 30 (H) AMOUNT AND TYPE OF AFFORDABLE HOUSING TO BE BUILT, IF ANY, 31 ORIGINALLY COMMITTED AND TO DATE; (I) NAICS CODE FOR PROJECT; (J) THE 32 PUBLIC PURPOSE OF THE PROJECT; (K) AMOUNT AND TYPE OF POINT SOURCE AND 33 NON-POINT SOURCE POLLUTION RESULTING FROM THE PROJECT, IF ANY, ANNUALLY 34 AND TO DATE; (L) AMOUNT AND TYPE OF ENERGY USE AT PROJECT LOCATION, 35 ORIGINALLY BENCHMARKED AND TO DATE; AND (M) AMOUNT OF GREENHOUSE GAS 36 EMISSIONS AT PROJECT LOCATION ORIGINALLY BENCHMARKED AND TO DATE. 37 (II) FINANCIAL ASSISTANCE: (A) CATEGORIZED DESCRIPTION OF THE TOTAL 38 AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY OVER 39 THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT COMMIT- 40 TED DURING THE PRIOR FISCAL YEAR, INCLUDING THE VALUE OF ANY PROPERTY 41 SOLD OR LEASED AT LESS THAN FAIR MARKET VALUE; (B) DESCRIPTION OF THE 42 NET AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY 43 OVER THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT 44 COMMITTED DURING THE PRIOR FISCAL YEAR, AND WHERE APPLICABLE, THE 45 AMOUNT, TYPE, AND DATE OF PILOT PAYMENTS BY TAX JURISDICTION, ORIGINAL 46 AND TO DATE; (C) ATTACHMENT OF THE YEARLY SCHEDULE OF EXEMPTIONS AND 47 OTHER BENEFITS COMMITTED BY THE AUTHORITY FOR EACH YEAR OF THE LIFE OF 48 THE DEAL; (D) AMOUNT OF PUBLIC ASSISTANCE, TOTAL, BY PROGRAM, AND BY 49 TYPE OF FINANCIAL ASSISTANCE, COMMITTED TO THE PROJECT BY ALL OTHER 50 FEDERAL, STATE, COUNTY, AND LOCAL PROGRAMS AS OF THE DATE OF THE 51 EXECUTION OF THE AGREEMENT, AS WELL AS UPDATED FOR THE PRIOR FISCAL 52 YEAR; AND (E) AMOUNT AND TYPE OF INFRASTRUCTURE INVESTMENTS INCURRED BY 53 FEDERAL, STATE, COUNTY, AND LOCAL GOVERNMENTS ON BEHALF OF PROJECT. 54 (III) PROJECT CRITERIA, WHERE APPLICABLE: (A) NUMBER AND TYPES OF 55 FULL-TIME AND PART-TIME JOBS EXISTING AT THE PROJECT ON THE DATE THE 56 ORIGINAL AGREEMENT WAS EXECUTED, AND MEDIAN ANNUAL WAGE AND BENEFIT S. 6870 15 1 LEVELS BY JOB CLASSIFICATION; (B) NUMBER AND TYPES OF FULL-TIME AND 2 PART-TIME JOBS ORIGINALLY COMMITTED, AS PER FINANCIAL ASSISTANCE AGREE- 3 MENT, AND MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION; 4 (C) NUMBER OF FULL TIME AND PART TIME JOBS RETAINED TO DATE; (D) NUMBER 5 OF FULL TIME AND PART TIME CONSTRUCTION JOBS CREATED BY APPLICANT AND BY 6 PROJECT TENANTS TO DATE; (E) NUMBER OF FULL TIME AND PART TIME NON-CON- 7 STRUCTION JOBS CREATED BY APPLICANT AND BY PROJECT TENANTS TO DATE; (F) 8 MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF FULL TIME 9 AND PART TIME, CONSTRUCTION AND NON-CONSTRUCTION JOBS CREATED AND 10 RETAINED TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND NON-CON- 11 STRUCTION JOBS; (H) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF 12 NEW YORK RESIDENTS, SEPARATED BY CONSTRUCTION AND NON-CONSTRUCTION 13 EMPLOYEES; (I) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL 14 RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN STATISTICAL 15 AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY NOT WITHIN 16 AN MSA OR MISA, IN WHICH THE PROJECT OCCURS, SEPARATED BY CONSTRUCTION 17 AND NON-CONSTRUCTION EMPLOYEES; (J) RECIPIENT USE OF UNION CONSTRUCTION 18 APPRENTICESHIP PROGRAMS OR ANY OTHER LOCAL WORKFORCE DEVELOPMENT 19 PROGRAM, ORIGINAL AND TO DATE; (K) WHETHER OR NOT THE PROJECT COMPLIED 20 WITH EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY 21 ACT; (L) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (M) WHETHER OR 22 NOT THE PROJECT HAS MET EACH BENCHMARK AND IF NOT, THE FINANCIAL ASSIST- 23 ANCE AMOUNT THE AUTHORITY HAS RECAPTURED DURING THE CURRENT YEAR AND TO 24 DATE; (N) WHETHER THE PROJECT HAS A SUBSIDY RECAPTURE PROVISION. 25 (IV) OTHER: (A) WHETHER RECIPIENT, ITS OFFICERS, PRINCIPALS, PARENT 26 COMPANY, SUBSIDIARIES OR MAJOR SHAREHOLDERS HAVE (1) VIOLATED THE 27 PREVAILING WAGE LAW UNDER ARTICLE EIGHT OF THE LABOR LAW OR THE FEDERAL 28 DAVIS-BACON ACT; (2) VIOLATED STATE OR FEDERAL LAWS RELATING TO UNEM- 29 PLOYMENT COMPENSATION, WORKERS' COMPENSATION, OCCUPATIONAL HEALTH AND 30 SAFETY, EMPLOYEE MISCLASSIFICATION, EMPLOYMENT DISABILITY, EMPLOYMENT 31 DISCRIMINATION, OR OTHER LABOR LAWS; (3) VIOLATED STATE OR FEDERAL ENVI- 32 RONMENTAL PROTECTION LAWS; (4) FAILED TO FILE FEDERAL, STATE OR LOCAL 33 TAX RETURNS, ANY TAX LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS OF 34 AGREEMENTS OR LAWS UNDER WHICH A TAX CREDIT, TAX EXEMPTION, LOAN OR 35 GRANT WAS AWARDED BY ANY FEDERAL, STATE OR LOCAL ENTITY; AND (5) DISCLO- 36 SURE OF ANY INVESTIGATIONS STARTED OR PENDING; (B) A DESCRIPTION OF SUCH 37 VIOLATIONS; AND (C) A STATEMENT AS TO WHETHER THE USE OF THE FINANCIAL 38 ASSISTANCE DURING THE PREVIOUS FISCAL YEAR HAS REDUCED EMPLOYMENT AT ANY 39 OTHER SITE CONTROLLED BY THE RECIPIENT CORPORATION OR ITS CORPORATE 40 PARENT, WITHIN OR WITHOUT THE STATE AS A RESULT OF AUTOMATION, MERGER, 41 ACQUISITION, CORPORATE RESTRUCTURING OR OTHER BUSINESS ACTIVITY. 42 (V) PRIOR PROJECTS. WHERE INFORMATION REQUESTED UNDER SUBDIVISION TWO 43 OF THIS SECTION IS NOT REQUIRED TO BE COLLECTED BECAUSE THE PROJECT WAS 44 APPROVED PRIOR TO THE ADOPTION OF THIS LAW, IT SHALL BE NOTED ACCORDING- 45 LY IN THE REPORT. 46 (VI) THE DATABASE SHALL BE FOR THE PERIOD COMMENCING ON THE DATE THAT 47 THE FINANCIAL ASSISTANCE AGREEMENT AND ANY OTHER DOCUMENTS APPLICABLE TO 48 SUCH PROJECT HAVE BEEN EXECUTED THROUGH THE FINAL YEAR THAT SUCH ENTITY 49 RECEIVES ASSISTANCE FOR SUCH PROJECT. AT SUCH POINT, DATA ON RECIPIENTS 50 OF FINANCIAL ASSISTANCE SHALL BE ARCHIVED AND AVAILABLE TO THE PUBLIC; 51 (7) a listing and description AVAILABLE TO THE PUBLIC IN A NON-PROPRIE- 52 TARY ELECTRONIC DATABASE, in addition to the report required by para- 53 graph a of subdivision three of section twenty-eight hundred ninety-six 54 of this article of all real property of such authority having an esti- 55 mated fair market value in excess of fifteen thousand dollars that the 56 authority acquires or disposes of THROUGH SALE OR LEASE during such S. 6870 16 1 period. The report shall contain the price received or paid by the 2 authority, THE FAIR MARKET VALUE AT THE TIME OF SALE OR LEASE, and the 3 name of the purchaser or seller for all such property sold or bought by 4 the authority during such period; (8) such authority's code of ethics; 5 (9) an assessment of the effectiveness of its internal control structure 6 and procedures; (10) a copy of the legislation that forms the statutory 7 basis of the authority; (11) a description of the authority and its 8 board structure, including (i) names of committees and committee 9 members, (ii) lists of board meetings and attendance, (iii) descriptions 10 of major authority units, subsidiaries, (iv) number of employees, and 11 (v) organizational chart; (12) its charter, if any, and by-laws; (13) a 12 listing of material changes in operations and programs during the 13 reporting year; (14) at a minimum a four-year financial plan, including 14 (i) a current and projected capital budget, and (ii) an operating budget 15 report, including an actual versus estimated budget, with an analysis 16 and measurement of financial and operating performance; (15) its board 17 performance evaluations [provided, however, that such evaluations shall 18 not be subject to disclosure under article six of the public officers 19 law], INCLUDING ATTENDANCE, VOTING RECORDS BY EACH BOARD MEMBER, AND 20 CATEGORIZATION OF EACH BOARD MEMBER ACCORDING TO SECTION TWENTY-NINE 21 HUNDRED NINETY-SIX OF THIS ARTICLE; (16) a description of the total 22 amounts of assets, services or both assets and services bought or sold 23 without competitive bidding, including (i) the nature of those assets 24 and services, (ii) the names of the counterparties, and (iii) where the 25 contract price for assets purchased exceeds fair market value, or where 26 the contract price for assets sold is less than fair market value, a 27 detailed explanation of the justification for making the purchase or 28 sale without competitive bidding, and a certification by the chief exec- 29 utive officer and chief financial officer of the public authority that 30 they have reviewed the terms of such purchase or sale and determined 31 that it complies with applicable law and procurement guidelines; and 32 (17) a description of any material pending litigation in which the 33 authority is involved as a party during the reporting year, except that 34 no provider of medical services need disclose information about pending 35 malpractice claims beyond the existence of such claims. 36 S 6. Subdivision 1 of section 2800 of the public authorities law is 37 amended by adding a new paragraph (d) to read as follows: 38 (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING OR 39 CONFLICTING WITH ANY LAW OR OBLIGATION THAT REQUIRES HIGHER STANDARDS 40 FOR ANNUAL REPORTING BY A STATE PUBLIC AUTHORITY. 41 S 7. Subdivision 2 of section 2800 of the public authorities law is 42 amended by adding two new paragraphs (c) and (d) to read as follows: 43 (C) THE AUTHORITIES BUDGET OFFICE SHALL MAKE ACCESSIBLE TO THE PUBLIC, 44 VIA ITS OFFICIAL OR SHARED INTERNET WEB SITE, DOCUMENTATION PERTAINING 45 TO EACH AUTHORITY'S MISSION, CURRENT ACTIVITIES, MOST RECENT ANNUAL 46 FINANCIAL REPORTS, CURRENT YEAR BUDGET AND ITS MOST RECENT INDEPENDENT 47 AUDIT REPORT UNLESS SUCH INFORMATION IS COVERED BY SUBDIVISION TWO OF 48 SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW. 49 (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS PROHIBITING OR 50 CONFLICTING WITH ANY LAW OR OBLIGATION THAT REQUIRES HIGHER STANDARDS 51 FOR ANNUAL REPORTING BY A LOCAL PUBLIC AUTHORITY. 52 S 8. This act shall take effect on the ninetieth day after it shall 53 have become a law, provided, however, that effective immediately, the 54 addition, amendment and/or repeal of any rule or regulation necessary 55 for the implementation of this act on its effective date is authorized 56 to be made and completed on or before such date.