S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 8203--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            October 24, 2013
                               ___________

Introduced  by  M. of A. RYAN, FAHY, SCHIMEL -- Multi-Sponsored by -- M.
  of A.  GOTTFRIED, SKARTADOS -- read once and referred to the Committee
  on Corporations, Authorities and Commissions  --  recommitted  to  the
  Committee  on  Corporations, Authorities and Commissions in accordance
  with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
  ordered reprinted as amended and recommitted to said committee

AN  ACT to amend the public authorities law, in relation to enacting the
  "just and open business subsidies act (JOBS act) of 2013", 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:

  Section 1. Legislative findings. The legislature finds that the  state
and local governments of New York play an important role in facilitating
private  economic  development. Public financial assistance for economic
development should prioritize performance, encourage  job  creation  for
all  New  Yorkers, and have money back guarantees. Empire State Develop-
ment (ESD) manages statewide economic development  programs  through  as
many  as  202  subsidiaries, each with its own board and staff. In addi-
tion, there are approximately  20  state  agencies  performing  economic
development  functions.  At  the  local  level, there are 114 Industrial
Development Agencies (IDAs), over 500 local development corporations, 82
Empire Zone Boards, 114 Business Improvement Districts, 49 Urban Renewal
and Community Development Agencies, and 10 Regional Economic Development
Councils, all engaging in economic development activity. These entities,
providing discretionary and as of right financial assistance, spend over
$7 billion in state and local tax revenue and appropriations.
  The legislature further finds that this system of economic development
is balkanized, opaque, often  unaccountable,  and  has  few  performance
criteria  on  which  to  judge success or failure.   This legislation is

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11682-03-4
              

A. 8203--A                          2

intended to improve these important tools for  economic  development  by
streamlining  applications  and  reporting, strengthening accountability
mechanisms, and encouraging quality job creation for all New Yorkers.
  The legislature further finds that the International Economic Develop-
ment  Council  (IEDC),  the nation's largest professional association of
economic development officials, released findings from a survey  of  its
4,500  members in February, 2013, in which 98.6 percent said "incentives
should be structured in such a way that the community receives a  tangi-
ble  return  on  investment  (e.g., employment, capital investment)." In
addition, "96 percent believe that part or all of the granted incentives
should be returned if a company does not meet agreed-upon  projections."
These  findings  show that there is significant support, even within the
economic development profession, for comprehensive reform.
  The legislature further finds that  the  economic  recovery  from  the
Great  Recession has not reached all parts of New York. Unemployment and
poverty are significant problems throughout the state. For example,  the
most recent census data shows that the Kingston Metropolitan Statistical
Area has an unemployment rate of 10.4% and a poverty rate of 14.7%.
  The  Ogdensburg-Massena Micropolitan Statistical Area has an unemploy-
ment rate of 10.8% and a poverty rate of 18.1%, Sullivan County  has  an
unemployment rate of 12.2% and a poverty rate of 18.5%.  Meanwhile other
regions of New York and its neighboring states of Connecticut, Massachu-
setts,  New  Jersey, Pennsylvania and Vermont all have lower poverty and
unemployment rates than the aforementioned  regions  of  New  York.  The
average  unemployment  rate  of those six states is 9.4% and the average
poverty rate is 12.4%. New York has a significant interest  in  reducing
poverty  and unemployment for its residents by ensuring that when public
money is used to finance economic development, a  portion  of  the  jobs
created  are  offered  to residents of regions with high unemployment or
poverty.
  S 2. This act shall be known and may be cited as the  "just  and  open
business subsidies act (JOBS act) of 2014".
  S  3.  Section  2  of  the public authorities law is amended by adding
seven new subdivisions 7, 8, 9, 10, 11, 12 and 13 to read as follows:
  7. "FINANCIAL ASSISTANCE" SHALL MEAN:  (A) ANY EXPENDITURE  OF  PUBLIC
FUNDS  FOR  THE  PURPOSE  OF STIMULATING ECONOMIC DEVELOPMENT WITHIN THE
STATE, INCLUDING, BUT NOT LIMITED TO,  CASH  PAYMENTS  OR  GRANTS,  BOND
FINANCING,  TAX ABATEMENTS OR EXEMPTIONS (INCLUDING, BUT NOT LIMITED TO,
ABATEMENTS OR EXEMPTIONS FROM REAL PROPERTY, MORTGAGE  RECORDING,  SALES
AND  USE  TAXES, OR THE DIFFERENCE BETWEEN ANY PAYMENTS IN LIEU OF TAXES
AND THE AMOUNT OF REAL PROPERTY OR OTHER TAXES THAT WOULD HAVE BEEN  DUE
IF  THE  PROPERTY  WERE  NOT  EXEMPTED  FROM  SUCH TAXES), TAX INCREMENT
FINANCING, FILING FEE WAIVERS,  ENERGY  COST  REDUCTIONS,  ENVIRONMENTAL
REMEDIATION COSTS, WRITE-DOWNS IN THE MARKET VALUE OF BUILDINGS OR LAND,
OR  THE  COST OF CAPITAL IMPROVEMENTS RELATED TO REAL PROPERTY FOR WHICH
THE STATE WOULD NOT PAY ABSENT THE  DEVELOPMENT  PROJECT,  AND  INCLUDES
BOTH DISCRETIONARY AND AS OF RIGHT ASSISTANCE, AND (B) ALL SUCCESSOR AND
SUBSEQUENT  EXPENDITURES  OF PUBLIC FUNDS FOR THE PURPOSE OF STIMULATING
ECONOMIC DEVELOPMENT WITHIN THE  STATE.  IN  DETERMINING  THE  VALUE  OF
ASSISTANCE  PROVIDED,  THE  FULL  VALUE  OF  ALL CITY, STATE AND FEDERAL
ASSISTANCE RECEIVED IN CONNECTION WITH THE PROJECT SHALL BE INCLUDED.
  8. "RECIPIENT" SHALL  MEAN  ANY  PERSON,  INDIVIDUAL,  PROPRIETORSHIP,
PARTNERSHIP,  JOINT  VENTURE,  CORPORATION,  LIMITED  LIABILITY COMPANY,
TRUST, ASSOCIATION, ORGANIZATION OR OTHER ENTITY THAT RECEIVES FINANCIAL
ASSISTANCE, OR ANY ASSIGNEE OR SUCCESSOR IN INTEREST  OF  REAL  PROPERTY
IMPROVED OR DEVELOPED WITH FINANCIAL ASSISTANCE.

A. 8203--A                          3

  9.  "INFRASTRUCTURE" SHALL MEAN ANY SUBSTRUCTURE OR UNDERLYING FOUNDA-
TION OR NETWORK USED FOR PROVIDING GOODS AND  SERVICES;  ESPECIALLY  THE
BASIC  INSTALLATIONS  AND FACILITIES ON WHICH THE CONTINUANCE AND GROWTH
OF A COMMUNITY, STATE,  ETC.,  DEPEND.  EXAMPLES  INCLUDE  ROADS,  WATER
SYSTEMS,  COMMUNICATIONS  FACILITIES,  SEWERS, SIDEWALKS, CABLE, WIRING,
SCHOOLS, POWER PLANTS, AND TRANSPORTATION AND COMMUNICATION SYSTEMS.
  10. "COVERED EMPLOYER" SHALL MEAN: (A) A FINANCIAL ASSISTANCE  RECIPI-
ENT;  (B)  A TENANT, SUB-TENANT, LEASEHOLDER OR SUBLEASEHOLDER WHO OCCU-
PIES REAL PROPERTY THAT IS IMPROVED OR DEVELOPED WITH FINANCIAL  ASSIST-
ANCE; (C) FEE HOLDERS OR OTHER CONDOMINIUM OWNERS OF ANY PORTION OF REAL
PROPERTY  IMPROVED  OR DEVELOPED WITH FINANCIAL ASSISTANCE WHO PURCHASED
THE PROPERTY FROM A PRIOR OWNER OR WERE ASSIGNED  THE  PROPERTY  THROUGH
FORECLOSURE  OR  OTHER MEANS; OR (D) ANY PERSON OR ENTITY THAT CONTRACTS
OR SUBCONTRACTS WITH A FINANCIAL ASSISTANCE RECIPIENT  TO  PERFORM  WORK
FOR  A  PERIOD OF MORE THAN THIRTY DAYS ON THE PREMISES OF THE FINANCIAL
ASSISTANCE RECIPIENT OR ON THE PREMISES OF  REAL  PROPERTY  IMPROVED  OR
DEVELOPED WITH FINANCIAL ASSISTANCE, INCLUDING BUT NOT LIMITED TO TEMPO-
RARY  SERVICES OR STAFFING AGENCIES, FOOD SERVICE CONTRACTORS, AND OTHER
ON-SITE SERVICE CONTRACTORS.
  11. "WORKER HOURS" SHALL MEAN THE  TOTAL  HOURS  WORKED  EXCLUSIVE  OF
HOURS  WORKED  BY  RESIDENTS  OF STATES OTHER THAN NEW YORK, WHETHER THE
WORKERS IN QUESTION ARE EMPLOYED BY THE FINANCIAL  ASSISTANCE  RECIPIENT
OR THE COVERED EMPLOYER.
  12.  "APPRENTICE" SHALL MEAN A WORKER WHO PARTICIPATES IN A FEDERAL OR
STATE APPRENTICESHIP PROGRAM OR, AS AN  APPRENTICE  EQUIVALENT,  PARTIC-
IPATES  IN  A  DEPARTMENT  OF  LABOR  APPROVED TRAINING PROGRAM, TAKES A
CONSTRUCTION APPRENTICESHIP TEST, AND RECEIVES BENEFITS AND PAY NOT LESS
THAN THOSE RECEIVED BY AN APPRENTICE.
  13. "APPRENTICESHIP PROGRAM" SHALL MEAN AN APPRENTICESHIP PROGRAM THAT
HAS BEEN APPROVED BY THE DEPARTMENT OF LABOR FOR  NOT  LESS  THAN  THREE
YEARS  AND HAS GRADUATED AT LEAST ONE APPRENTICE IN THE LAST THREE YEARS
AND HAS AT LEAST ONE APPRENTICE CURRENTLY ENROLLED IN  SUCH  APPRENTICE-
SHIP  TRAINING  PROGRAM.  IN  ADDITION, IT MUST BE DEMONSTRATED THAT THE
PROGRAM HAS MADE SIGNIFICANT EFFORTS  TO  ATTRACT  AND  RETAIN  MINORITY
APPRENTICES,  AS  DETERMINED BY AFFIRMATIVE ACTION GOALS ESTABLISHED FOR
SUCH PROGRAM BY THE DEPARTMENT OF LABOR.
  S 4. Article 9 of the public authorities law is amended  by  adding  a
new title 13 to read as follows:
                                TITLE 13
             JUST AND OPEN BUSINESS SUBSIDIES ACT (JOBS ACT)
SECTION 2990. STANDARD APPLICATIONS FOR FINANCIAL ASSISTANCE.
        2991. FINANCIAL ASSISTANCE AGREEMENTS.
        2992. PUBLIC REVIEW.
        2993. SUBSIDY RECAPTURE.
        2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
        2995. RESTRICTIONS ON FUNDS OF LOCAL AND STATE AUTHORITIES.
        2996. DESIGNATED BOARD REPRESENTATION.
        2997. TARGETED HIRE.
        2998. PAYMENTS IN LIEU OF TAXES.
  S  2990. STANDARD APPLICATIONS FOR FINANCIAL ASSISTANCE. 1. ALL APPLI-
CATIONS SUBMITTED TO STATE AUTHORITIES, LOCAL AUTHORITIES, OR ANY  OTHER
STATE  GRANTING  BODY REQUESTING FINANCIAL ASSISTANCE SHALL BE SUBMITTED
THROUGH A CONSOLIDATED FUNDING  APPLICATION.  THE  CONSOLIDATED  FUNDING
APPLICATION  SHALL  BE  DEVELOPED  BY  THE AUTHORITIES BUDGET OFFICE, IN
COLLABORATION WITH RELEVANT GRANTING BODIES.   THE CONSOLIDATED  FUNDING
APPLICATION  SHALL  CONTAIN,  AT A MINIMUM, ALL INFORMATION NECESSARY TO

A. 8203--A                          4

FULFILL REPORTING REQUIREMENTS UNDER SUBPARAGRAPH SIX OF  PARAGRAPH  (A)
OF  SUBDIVISION ONE AND SUBPARAGRAPH SIX OF PARAGRAPH (A) OF SUBDIVISION
TWO OF SECTION TWENTY-EIGHT HUNDRED OF THIS ARTICLE, AND MUST BE  CERTI-
FIED  BY THE PROJECT APPLICANT'S CHIEF EXECUTIVE OFFICER THAT THE APPLI-
CATION IS ACCURATE AND  COMPLETE.  THE  APPLICATION  SHALL  INCLUDE  ALL
INFORMATION NEEDED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY  TO  CALCULATE  THE  GREENHOUSE  GAS  EMISSIONS  FROM PROPOSED
PROJECTS, INCLUDING BUT NOT LIMITED TO AMOUNT OF ELECTRICITY  USAGE  AND
TYPE AND AMOUNT OF FUEL USAGE.
  2.  NO  STATE  AUTHORITY, LOCAL AUTHORITY, OR ANY OTHER STATE GRANTING
BODY SHALL ENTER INTO A FINANCIAL ASSISTANCE AGREEMENT WITH A  RECIPIENT
PRIOR TO RECEIVING AND PROCESSING A COMPLETE CONSOLIDATED FUNDING APPLI-
CATION.
  3.  THE  STATE AUTHORITY, LOCAL AUTHORITY, STATE GRANTING BODY AND THE
AUTHORITIES BUDGET OFFICE SHALL HAVE THE RIGHT OF ACCESS TO EXAMINE  ALL
DOCUMENTS,  PAYROLL  RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE
AGENCY OR DEPARTMENT TO DETERMINE THE APPLICANT'S CLAIMS ARE ACCURATE.
  S 2991. FINANCIAL ASSISTANCE AGREEMENTS. THE  STATE  AUTHORITY,  LOCAL
AUTHORITY OR STATE GRANTING BODY SHALL ENTER INTO A FINANCIAL ASSISTANCE
AGREEMENT  WITH  THE  RECIPIENT PRIOR TO PROVIDING SUCH ASSISTANCE. EACH
FINANCIAL ASSISTANCE AGREEMENT SHALL CONTAIN, AT A MINIMUM:
  1. JOB CREATION AND/OR JOB RETENTION TARGETS AND  THE  MAINTENANCE  OF
SUCH  JOB LEVELS FIVE YEARS BEYOND THE END DATE OF THE FINANCIAL ASSIST-
ANCE AGREEMENT;
  2. AN APPROVED TARGETED HIRING PLAN, WHERE APPLICABLE;
  3. APPRENTICE TARGET HIRING PLAN, WHERE APPLICABLE;
  4. INVESTMENT TARGETS;
  5. DETAILED PLANS FOR COMPLIANCE WITH THE STATE  SMART  GROWTH  PUBLIC
INFRASTRUCTURE POLICY ACT;
  6. GREENHOUSE GAS EMISSIONS AND ENERGY USE BENCHMARKS;
  7.  ALL  INFORMATION NECESSARY TO FULFILL REPORTING REQUIREMENTS UNDER
SUBPARAGRAPH SIX OF PARAGRAPH (A) OF SUBDIVISION  ONE  AND  SUBPARAGRAPH
SIX  OF PARAGRAPH (A) OF SUBDIVISION TWO OF SECTION TWENTY-EIGHT HUNDRED
OF THIS ARTICLE;
  8. SUBSIDY RECAPTURE PROVISIONS; AND
  9. YEARLY AND OVERALL PERFORMANCE BENCHMARKS.
  S 2992. PUBLIC REVIEW. 1. THE STATE AUTHORITY, LOCAL AUTHORITY,  STATE
GRANTING  BODY AND THE AUTHORITIES BUDGET OFFICE SHALL HAVE THE RIGHT OF
ACCESS TO THE COVERED EMPLOYER'S PROJECT SITE AND TO EXAMINE  ALL  DOCU-
MENTS, PAYROLL RECORDS AND OTHER MATERIALS DEEMED NECESSARY BY THE AGEN-
CY  OR  DEPARTMENT  TO  DETERMINE  THE  RECIPIENT  IS IN COMPLIANCE WITH
PROVISIONS OF THE FINANCIAL ASSISTANCE AGREEMENT AND THIS  ARTICLE.  THE
STATE  AUTHORITIES  AND LOCAL AUTHORITIES SHALL COOPERATE FULLY WITH THE
AUTHORITIES BUDGET OFFICE IN CARRYING OUT ITS DUTIES.
  2. THE STATE AUTHORITY, LOCAL AUTHORITY, OR STATE GRANTING BODY  SHALL
FILE  A  COPY  OF EACH RECIPIENT'S APPLICATION, THE FINANCIAL ASSISTANCE
AGREEMENT AND THE COST BENEFIT ANALYSIS ON ITS WEBSITE, WITH THE GOVERN-
ING BODY OF THE MUNICIPALITY AND  WITH  THE  AUTHORITIES  BUDGET  OFFICE
WITHIN FIVE DAYS OF THE EXECUTION OF THE AGREEMENT.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, A STATE
AUTHORITY,  LOCAL  AUTHORITY  OR STATE GRANTING BODY IN AN AREA WITH ONE
MILLION PERSONS  OR  MORE  SHALL  NOT  PROVIDE  DISCRETIONARY  FINANCIAL
ASSISTANCE EXCEEDING A TOTAL OF ONE MILLION DOLLARS IN VALUE WITHOUT THE
APPROVAL  OF THE AFFECTED TAXING JURISDICTIONS IN WHICH THE PROJECT WILL
OCCUR. IN ALL OTHER AREAS, A STATE AUTHORITY, LOCAL AUTHORITY  OR  STATE
GRANTING  BODY  SHALL  NOT  PROVIDE  DISCRETIONARY  FINANCIAL ASSISTANCE

A. 8203--A                          5

EXCEEDING ONE HUNDRED THOUSAND DOLLARS IN VALUE WITHOUT THE APPROVAL  OF
THE  AFFECTED  TAXING  JURISDICTIONS  IN  WHICH  THE PROJECT WILL OCCUR.
APPROVAL OF THE AFFECTED TAXING JURISDICTION SHALL CONSIST OF A MAJORITY
VOTE BY THE RELEVANT DECISION MAKING BODY OF THAT JURISDICTION.
  4.  PRIOR  TO APPROVING ANY DISCRETIONARY ECONOMIC DEVELOPMENT ASSIST-
ANCE AGREEMENT OVER TWENTY-FIVE THOUSAND  DOLLARS,  A  STATE  AUTHORITY,
LOCAL  AUTHORITY OR STATE GRANTING BODY SHALL: (A) HOLD A PUBLIC HEARING
ON THE PROVISION OF FINANCIAL ASSISTANCE; AND (B) PROVIDE NOTICE TO  THE
PUBLIC  THIRTY CALENDAR DAYS PRIOR TO THE PUBLIC HEARING. AT THE TIME OF
NOTICE, THE STATE AUTHORITY, LOCAL  AUTHORITY  OR  STATE  GRANTING  BODY
SHALL PROVIDE THE APPLICATION, THE PROPOSED ECONOMIC DEVELOPMENT ASSIST-
ANCE  AGREEMENT,  AND ANY OTHER MATERIALS RELEVANT TO THE DECISION, SUCH
AS THE COST BENEFIT ANALYSIS, TO THE  PUBLIC.  THE  DOCUMENTS  SHALL  BE
AVAILABLE  ELECTRONICALLY  AND THE DOCUMENTS SHALL BE AVAILABLE IN PRINT
UPON REQUEST. THE PUBLIC HEARING SHALL  PROVIDE  THE  PUBLIC  REASONABLE
OPPORTUNITY  TO  COMMENT ON THE PROPOSED FINANCIAL ASSISTANCE AGREEMENT.
THE HEARING SHALL TAKE PLACE NO LESS THAN SEVEN CALENDAR DAYS BEFORE THE
FINAL DECISION. THE STATE AUTHORITY, LOCAL AUTHORITY OR  STATE  GRANTING
BODY MUST RESPOND TO PUBLIC COMMENTS SUBMITTED ORALLY OR IN WRITING WITH
OFFICIAL,  WRITTEN REPLIES BEFORE SUCH TIME AS THE DECISION IS MADE. ALL
PUBLIC HEARINGS SHALL BE RECORDED VERBATIM AND TRANSCRIPTS AVAILABLE  ON
LINE AND TRANSCRIPTS AVAILABLE IN PRINT UPON REQUEST.
  5.  PRIOR  TO APPROVING ANY AS OF RIGHT FINANCIAL ASSISTANCE AGREEMENT
OVER TWENTY-FIVE THOUSAND DOLLARS, A STATE AUTHORITY, LOCAL AUTHORITY OR
STATE GRANTING BODY SHALL PROVIDE NOTICE TO THE PUBLIC  THIRTY  CALENDAR
DAYS  PRIOR  TO  THE  APPROVAL  OF  FINANCIAL ASSISTANCE. AT THE TIME OF
NOTICE, THE STATE AUTHORITY, LOCAL  AUTHORITY  OR  STATE  GRANTING  BODY
SHALL  PROVIDE THE APPLICATION, THE PROPOSED FINANCIAL ASSISTANCE AGREE-
MENT, AND ANY OTHER MATERIALS RELEVANT TO THE DECISION, SUCH AS THE COST
BENEFIT ANALYSIS, TO THE PUBLIC. THE DOCUMENTS SHALL BE AVAILABLE  ELEC-
TRONICALLY AND THE DOCUMENTS SHALL BE AVAILABLE IN PRINT UPON REQUEST.
  S  2993.  SUBSIDY  RECAPTURE.  1.  ALL FINANCIAL ASSISTANCE AGREEMENTS
SHALL CONTAIN: (A) A SPECIFIC SCHEDULE FOR SUBSIDY  RECAPTURE;  (B)  THE
MEASURABLE  YEARLY  BENCHMARKS  THAT  A  RECIPIENT MUST MEET IN ORDER TO
AVOID RECAPTURE; AND (C) PROVISIONS FOR RECALIBRATION OR  RESCISSION  OF
BENEFITS.
  2.  RECAPTURE  PROVISIONS,  AT  A  MINIMUM,  SHALL  BE BASED UPON EACH
REQUIRED COMPONENT OF THE FINANCIAL ASSISTANCE AGREEMENT, AS  IDENTIFIED
IN SECTION TWENTY-NINE HUNDRED NINETY-ONE OF THIS TITLE.
  3.  IF  THE RECIPIENT FAILS TO FULFILL ANY OBLIGATION UNDER THE FINAN-
CIAL ASSISTANCE AGREEMENT, OR IS FOUND TO HAVE COMMITTED A VIOLATION  OF
ANY  STATE  OR  LOCAL  LAW, RULE OR REGULATION RELATING TO ENVIRONMENTAL
PROTECTION, TAXATION, FINANCIAL ASSISTANCE, PROTECTION  OF  WORKERS,  OR
MINORITY  OR  WOMEN-OWNED  BUSINESSES  BY  FINAL  JUDGMENT OF A COURT OR
ADMINISTRATIVE TRIBUNAL, THE STATE AUTHORITY OR  LOCAL  AUTHORITY  SHALL
IMMEDIATELY  SUSPEND  ALL  FINANCIAL ASSISTANCE TO THE RECIPIENT AND THE
APPLICABLE RECAPTURE PROVISIONS SET FORTH IN  SUBDIVISION  ONE  OF  THIS
SECTION  SHALL  TAKE  EFFECT. (A) THE STATE AUTHORITY OR LOCAL AUTHORITY
SHALL PROMPTLY ISSUE A PRELIMINARY NOTICE OF DEFAULT  TO  THE  RECIPIENT
AND  PROVIDE  AN OPPORTUNITY TO CURE. THE RECIPIENT CAN CURE THE DEFAULT
EITHER BY PROVIDING EVIDENCE DOCUMENTING THAT THE RECIPIENT  IS  NOT  IN
DEFAULT,  OR  BY  MEETING THE OBLIGATIONS UNDER THE FINANCIAL ASSISTANCE
AGREEMENT WITHIN ONE MONTH OF NOTIFICATION OF DEFAULT. (B) IF THE RECIP-
IENT OF FINANCIAL ASSISTANCE FAILS TO CURE  THE  DEFAULT  WITHIN  TWENTY
BUSINESS  DAYS  OF  THE ISSUANCE OF NOTICE, THE STATE AUTHORITY OR LOCAL
AUTHORITY SHALL PROMPTLY ISSUE A FINAL NOTICE OF DEFAULT TO THE  RECIPI-

A. 8203--A                          6

ENT  WHO  SHALL REMIT REPAYMENT BASED ON THE APPLICABLE RECAPTURE SCHED-
ULE. (C) THE RECIPIENT SHALL REPAY SUCH ASSISTANCE TO THE STATE AUTHORI-
TY, LOCAL AUTHORITY, OR STATE GRANTING BODY AT A RATE OF INTEREST  EQUAL
TO  THE  PRIME  RATE, PLUS ONE PERCENT AS OF THE DATE OF THE NOTICE. THE
AMOUNT OF REPAYMENT MAY BE PRORATED ACCORDING TO ANY PARTIAL FULFILLMENT
OF THE RECIPIENT'S OBLIGATIONS UNDER THE AGREEMENT, AS IDENTIFIED IN THE
SUBSIDY RECAPTURE SCHEDULE. THE  LOCAL  AUTHORITY,  STATE  AUTHORITY  OR
STATE GRANTING BODY SHALL REMIT THE RECAPTURED SUBSIDIES TO THE RELEVANT
LOCAL  TAXING  JURISDICTION.  (D)  IF  A  RECIPIENT IS REQUIRED TO REPAY
FINANCIAL ASSISTANCE UNDER  THIS  SUBDIVISION,  THE  RECIPIENT  AND  ANY
SUBSIDIARY,  PARENT  OR  SUCCESSOR  OF THE RECIPIENT SHALL BE PROHIBITED
FROM ENTERING INTO A FINANCIAL ASSISTANCE AGREEMENT WITH ANY OTHER STATE
OR LOCAL AUTHORITY OR INSTRUMENTALITY OF  THIS  STATE  UNTIL  THE  STATE
AUTHORITY  OR  LOCAL AUTHORITY HAS RECEIVED FULL REPAYMENT OF THE AMOUNT
DUE. (E) WHENEVER THE ATTORNEY GENERAL HAS GOOD REASON TO  BELIEVE  THAT
THE  RECIPIENT'S  FAILURE  TO FULFILL THE FINANCIAL ASSISTANCE AGREEMENT
INVOLVES THE STATE'S INTEREST, OR THAT THE  RECIPIENT  HAS  COMMITTED  A
SUBSTANTIAL  VIOLATION OF THE LAWS OF THIS STATE, HE OR SHE MAY COMMENCE
AN ACTION TO RECOVER THE FINANCIAL ASSISTANCE AND FOR SUCH OTHER  RELIEF
AS PROVIDED BY LAW.
  4.  THE  AUTHORITIES  BUDGET OFFICE SHALL ANNUALLY COMPILE A REPORT ON
THE OUTCOMES AND  EFFECTIVENESS  OF  RECAPTURE  PROVISIONS  BY  PROGRAM,
INCLUDING,  BUT  NOT  LIMITED TO: (A) THE TOTAL NUMBER OF COMPANIES THAT
RECEIVE FINANCIAL ASSISTANCE AS DEFINED IN THIS ARTICLE; (B)  THE  TOTAL
NUMBER  OF  RECIPIENTS  IN  VIOLATION OF DEVELOPMENT AGREEMENTS; (C) THE
TOTAL NUMBER OF COMPLETED RECAPTURE EFFORTS; (D)  THE  TOTAL  NUMBER  OF
RECAPTURE  EFFORTS INITIATED; AND (E) THE TOTAL NUMBER OF WAIVERS GRANT-
ED. SUCH REPORT SHALL BE DISCLOSED CONSISTENT  WITH  THE  PROVISIONS  OF
SECTION TWENTY-EIGHT HUNDRED OF THIS ARTICLE.
  5.  THE  STATE  AUTHORITY,  LOCAL AUTHORITY OR STATE GRANTING BODY MAY
ELECT TO WAIVE ENFORCEMENT OF ANY CONTRACTUAL PROVISION ARISING  OUT  OF
THE FINANCIAL ASSISTANCE AGREEMENT, BASED ON THE FINDING THAT THE WAIVER
IS  NECESSARY TO AVERT IMMINENT AND DEMONSTRABLE HARDSHIP TO THE RECIPI-
ENT, ONLY AFTER APPROVAL BY THE AFFECTED TAXING JURISDICTIONS.   IF  THE
WAIVER  IS  GRANTED, THE RECIPIENT MUST AGREE TO A CONTRACTUAL MODIFICA-
TION TO THE  FINANCIAL  ASSISTANCE  AGREEMENT  THAT  INCLUDES  RECAPTURE
PROVISIONS.
  S  2994. UNIFIED ECONOMIC DEVELOPMENT BUDGET. 1. FOR EACH STATE FISCAL
YEAR ENDING ON OR AFTER  JUNE  THIRTIETH,  TWO  THOUSAND  FOURTEEN,  THE
DEPARTMENT  OF  TAXATION  AND  FINANCE  SHALL  SUBMIT  AN ANNUAL UNIFIED
ECONOMIC DEVELOPMENT BUDGET TO THE GOVERNOR, SENATE  AND  ASSEMBLY.  THE
UNIFIED  ECONOMIC  DEVELOPMENT  BUDGET  SHALL BE DUE WITHIN THREE MONTHS
AFTER THE END OF THE FISCAL YEAR, AND SHALL PRESENT ALL TYPES OF PROJECT
SPECIFIC FINANCIAL ASSISTANCE GRANTED  DURING  THE  PRIOR  FISCAL  YEAR,
INCLUDING, AT A MINIMUM:
  (A)  THE AMOUNT OF UNCOLLECTED STATE TAX REVENUES RESULTING FROM EVERY
CORPORATE TAX CREDIT, ABATEMENT, EXEMPTION AND REDUCTION PROVIDED BY THE
STATE OR A LOCAL GOVERNMENTAL UNIT INCLUDING BUT NOT  LIMITED  TO  GROSS
RECEIPTS,  INCOME, SALES, USE, RAW MATERIALS, EXCISE, PROPERTY, UTILITY,
AND INVENTORY TAXES;
  (B) THE AMOUNT OF UNCOLLECTED STATE TAX REVENUES RESULTING FROM  EVERY
TAX  EXEMPT  BOND  OR LOAN PROVIDED BY THE STATE OR A LOCAL GOVERNMENTAL
UNIT;
  (C) THE AMOUNT OF FINANCIAL ASSISTANCE PROVIDED FROM  EVERY  GRANT  BY
THE STATE OR A LOCAL GOVERNMENTAL UNIT;

A. 8203--A                          7

  (D) ESTIMATES PREPARED BY THE COMMISSIONER OF TAXATION AND FINANCE, IN
CONJUNCTION  WITH THE DIRECTOR OF THE BUDGET, OF THE COST OF SUCH FINAN-
CIAL ASSISTANCE FOR THE: (I) CURRENT TAXABLE OR CALENDAR YEAR; AND  (II)
THE FIVE PRECEDING YEARS;
  (E)  THE  NAME  OF EACH CORPORATE TAXPAYER WHICH CLAIMED ANY FINANCIAL
ASSISTANCE UNDER PARAGRAPH (A), (B) OR (C) OF THIS  SUBDIVISION  OF  ANY
VALUE  EQUAL TO OR GREATER THAN FIVE THOUSAND DOLLARS, TOGETHER WITH THE
DOLLAR AMOUNT RECEIVED BY EACH SUCH CORPORATION;
  (F) ANY TAX CREDIT, ABATEMENT, EXEMPTION OR REDUCTION  RECEIVED  BY  A
CORPORATION  OF  LESS THAN FIVE THOUSAND DOLLARS EACH SHALL NOT BE ITEM-
IZED. THE AGGREGATE DOLLAR AMOUNT OF SUCH EXPENDITURES AND THE NUMBER OF
COMPANIES SO AGGREGATED FOR EACH TAX EXPENDITURE SHALL BE INCLUDED;
  (G) ALL STATE  APPROPRIATED  EXPENDITURES  FOR  ECONOMIC  DEVELOPMENT,
INCLUDING  EXPENDITURES  FOR INFRASTRUCTURE IMPROVEMENTS RELATED TO REAL
PROPERTY FOR WHICH THE  STATE  WOULD  NOT  PAY  ABSENT  THE  DEVELOPMENT
PROJECT,  AND  LINE-ITEM BUDGETS FOR EVERY STATE-FUNDED ENTITY CONCERNED
WITH ECONOMIC DEVELOPMENT;
  (H) THE PROVISIONS OF LAW AUTHORIZING  SUCH  TAX  EXPENDITURES,  THEIR
EFFECTIVE DATES, THE PROGRAM, IF ANY EXISTS, THROUGH WHICH THE FINANCIAL
ASSISTANCE  IS GRANTED, THE AGENCIES OR ENTITIES THAT MANAGE THE PROGRAM
AND/OR AUTHORIZE THE FINANCIAL ASSISTANCE, AND, IF APPLICABLE, THE DATES
ON WHICH SUCH FINANCIAL ASSISTANCE EXPIRES OR IS REDUCED;
  (I) ANY RECOMMENDATIONS OF THE GOVERNOR REGARDING CONTINUING,  MODIFY-
ING,  OR REPEALING SUCH FINANCIAL ASSISTANCE, AND SUCH OTHER INFORMATION
REGARDING DEVELOPMENT EXPENDITURES AS THE EXECUTIVE MAY FEEL USEFUL  AND
APPROPRIATE;
  (J)  IF  THE  GOVERNOR'S BUDGET INCLUDES PROPOSALS FOR THE EXPIRATION,
MODIFICATION, OR REPEAL OF SUCH FINANCIAL ASSISTANCE OR FOR THE ADDITION
OF FINANCIAL ASSISTANCE IN OR TO SUCH ARTICLES OR SUCH LAW, SUCH  REPORT
SHALL ALSO CONTAIN, TO THE EXTENT RELIABLE DATA ARE AVAILABLE, AN ANALY-
SIS  OF  THE  NUMBER  AND  TYPES  OF  PERSONS AND ENTITIES BENEFITING OR
EXPECTED TO BENEFIT FROM SUCH FINANCIAL ASSISTANCE, AN ESTIMATE  OF  THE
COSTS  OF  SUCH  FINANCIAL ASSISTANCE FOR THE COMING FISCAL YEAR, AND AN
EXPLANATION OF THE REASONS FOR THE PROPOSALS;
  (K) GENERAL CAUTIONARY AND ADVISORY NOTES  CONCERNING  LIMITATIONS  OF
DATA,  ESTIMATION PROCEDURES, SAMPLING ERRORS AND IMPUTED VALUES, PROMI-
NENTLY DISPLAYED.
  S 2995. RESTRICTIONS ON FUNDS OF LOCAL AND STATE AUTHORITIES.   1.  NO
FINANCIAL  ASSISTANCE OF THE STATE AUTHORITY OR LOCAL AUTHORITY SHALL BE
USED IN RESPECT OF ANY PROJECT IF THE COMPLETION THEREOF WOULD RESULT IN
THE REMOVAL OF ALL OR ANY PART OF A FACILITY OR  PLANT  OF  THE  PROJECT
OCCUPANT  FROM  ONE AREA OF THE STATE TO ANOTHER AREA OF THE STATE OR IN
THE ABANDONMENT OF ALL OR ANY PART OF ONE OR MORE PLANTS  OR  FACILITIES
OF  THE  PROJECT  OCCUPANT  LOCATED  WITHIN THE STATE, OR IN THE LOSS OF
EMPLOYMENT IN THE LABOR MARKET AREA FROM WHICH  THE  RELOCATION  OCCURS,
PROVIDED, HOWEVER, THAT NEITHER RESTRICTION SHALL APPLY IF (A) THE PRIOR
CONSENT  OF THE AFFECTED TAXING JURISDICTIONS FROM WHICH ALL OR ANY PART
OF A FACILITY OR PLANT OF THE PROJECT OCCUPANT WILL BE REMOVED OR  ABAN-
DONED  IS  PROVIDED  IN WRITING AND (B) THE AUTHORITY SHALL DETERMINE ON
THE BASIS OF CLEAR AND CONVINCING EVIDENCE THAT THE PROJECT  IS  REASON-
ABLY  NECESSARY  TO  DISCOURAGE  THE PROJECT OCCUPANT FROM REMOVING SUCH
OTHER PLANT OR FACILITY TO A LOCATION OUTSIDE THE STATE OR IS REASONABLY
NECESSARY TO PRESERVE THE COMPETITIVE POSITION OF THE  PROJECT  OCCUPANT
IN ITS RESPECTIVE INDUSTRY.
  2.  UPON  A COMPLAINT BY A LOCAL OR STATE ELECTED OFFICIAL THAT FINAN-
CIAL ASSISTANCE OF AN AUTHORITY  HAS  RESULTED  IN  THE  ABANDONMENT  OR

A. 8203--A                          8

REMOVAL  BY  A PROJECT OCCUPANT OF ALL OR ANY PART OF ONE OR MORE PLANTS
OR FACILITIES IN SUCH MUNICIPALITY, THE AUTHORITIES BUDGET OFFICE  OR  A
DESIGNEE  SHALL  INVESTIGATE  SUCH  ALLEGATION AND MAY SCHEDULE A PUBLIC
HEARING  ON THE MATTER. IF THE AUTHORITIES BUDGET OFFICE DETERMINES THAT
THE COMPLAINT IS  VALID,  THE  AUTHORITY  THAT  PROVIDED  THE  FINANCIAL
ASSISTANCE  SHALL  RECAPTURE  THE ASSISTANCE FROM THE PROJECT APPLICANT,
AND PAY TO THE MUNICIPALITY AN AMOUNT EQUAL TO THE  PORTION  OF  TAX  OR
TAXES  THAT THE PROJECT APPLICANT SAVED OR AVOIDED DUE TO ITS RELOCATION
AND THE AUTHORITY IS SUSPENDED FROM NEGOTIATING ANY FINANCIAL ASSISTANCE
AGREEMENTS FOR ONE YEAR.
  3. NO FINANCIAL ASSISTANCE OF THE STATE OR LOCAL  AUTHORITY  SHALL  BE
USED TO ASSIST IN THE RELOCATION OF ALL OR ANY PART OF A PLANT, FACILITY
OR OPERATION FROM ONE LOCATION IN THE STATE WITH EXISTING INFRASTRUCTURE
TO ANOTHER LOCATION IN THE STATE WITH NO EXISTING INFRASTRUCTURE.
  S  2996. DESIGNATED BOARD REPRESENTATION. EXCEPT AS OTHERWISE PROVIDED
BY SPECIAL ACT OF THE LEGISLATURE, A STATE AUTHORITY OR LOCAL  AUTHORITY
SHALL  CONSIST  OF NOT LESS THAN THREE MEMBERS WHO SHALL BE APPOINTED BY
THE GOVERNING BODY OF EACH MUNICIPALITY AND WHO SHALL SERVE FOR  A  TERM
OF  FOUR  YEARS. EACH BOARD SHALL BE REPRESENTATIVE OF LOCAL BUSINESSES,
ORGANIZED LABOR, COMMUNITY ORGANIZATIONS,  ENVIRONMENTAL  ORGANIZATIONS,
WORKFORCE   DEVELOPMENT  ORGANIZATIONS,  FINANCIAL  INSTITUTIONS,  LOCAL
EDUCATIONAL INSTITUTIONS AND RESIDENTS  OF  THE  AREA.  A  MEMBER  SHALL
CONTINUE  TO HOLD OFFICE UNTIL HIS OR HER SUCCESSOR IS APPOINTED AND HAS
QUALIFIED. THE GOVERNING BODY OF EACH MUNICIPALITY SHALL  DESIGNATE  THE
FIRST  CHAIRPERSON AND FILE WITH THE SECRETARY OF STATE A CERTIFICATE OF
APPOINTMENT OR REAPPOINTMENT OF ANY MEMBER. SUCH MEMBERS  SHALL  RECEIVE
NO  COMPENSATION  FOR THEIR SERVICES BUT SHALL BE ENTITLED TO THE NECES-
SARY EXPENSES, INCLUDING TRAVELING EXPENSES, INCURRED IN  THE  DISCHARGE
OF  THEIR  DUTIES.  MEMBERS  MUST  NOT  BE OR HAVE, WITHIN THE PAST FIVE
YEARS, BEEN:
  1. AN EMPLOYEE OR AN OWNER OF  A  FIRM  THAT  IS  A  PAID  ADVISOR  OR
CONSULTANT  OF  THE AUTHORITY, INCLUDING A PRESENT OR FORMER INDEPENDENT
AUDITOR OF THE AUTHORITY;
  2. EMPLOYED BY A SIGNIFICANT SUPPLIER OF THE AUTHORITY;
  3. EMPLOYED BY AND HAD A FIVE PERCENT OR GREATER OWNERSHIP INTEREST IN
A SUPPLIER WHERE SALES TO THE AUTHORITY REPRESENT MORE THAN ONE  PERCENT
OF  THE  SALES OF THE SUPPLIER OR MORE THAN ONE PERCENT OF THE PURCHASES
OF THE AUTHORITY; AND
  4. A LOBBYIST REGISTERED UNDER A  STATE  OR  LOCAL  LAW  COVERING  ANY
JURISDICTION SERVED IN WHOLE OR IN PART BY THE AUTHORITY.
  S  2997. TARGETED HIRE.  1. NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, AND EXCEPT  AS  IS  OTHERWISE  PROVIDED  BY  COLLECTIVE
BARGAINING  CONTRACTS OR AGREEMENTS, RECIPIENTS OF MORE THAN ONE HUNDRED
THOUSAND DOLLARS IN CUMULATIVE FINANCIAL ASSISTANCE BY LOCAL  AND  STATE
AUTHORITIES,  AS  WELL AS COVERED EMPLOYERS, SHALL ENSURE THAT (A) FIFTY
PERCENT OF CONSTRUCTION AND NON-CONSTRUCTION WORKER HOURS  PERFORMED  ON
THE  PROJECT  BENEFITING  FROM THE FINANCIAL ASSISTANCE ARE PERFORMED BY
RESIDENTS OF A NEW YORK METROPOLITAN STATISTICAL AREA (MSA),  MICROPOLI-
TAN  STATISTICAL AREA (MISA), OR COUNTY THAT IS NOT DESIGNATED AS AN MSA
OR MISA, AS DEFINED BY THE UNITED STATES  BUREAU  OF  LABOR  STATISTICS,
THAT  CONTAINS  THE  PROJECT  OR ANY PART THEREOF, AND IN WHICH THE MOST
RECENT CENSUS DETERMINES THAT THE POVERTY OR UNEMPLOYMENT RATE IS HIGHER
THAN THE AVERAGE  (AGGREGATED)  POVERTY  OR  UNEMPLOYMENT  RATE  OF  THE
REGIONAL  LABOR  MARKET  STATES OF NEW YORK, CONNECTICUT, MASSACHUSETTS,
NEW JERSEY, PENNSYLVANIA AND VERMONT; AND  (B)  TWENTY-FIVE  PERCENT  OF

A. 8203--A                          9

CONSTRUCTION  WORKER  HOURS PERFORMED ON THE PROJECT BENEFITING FROM THE
FINANCIAL ASSISTANCE ARE PERFORMED BY APPRENTICES.
  2.  IF  THE PERCENTAGE TARGETED HIRING REQUIREMENTS OF SUBDIVISION ONE
OF THIS SECTION HAVE NOT BEEN SATISFIED FOR  A  PROJECT,  THE  RECIPIENT
NONETHELESS MAY BE DEEMED TO BE IN COMPLIANCE IF IT DEMONSTRATES THAT IT
AND  EACH COVERED EMPLOYER HAVE EITHER (A) SATISFIED THE TARGETED HIRING
REQUIREMENTS WITH REGARD TO THE PROJECT WORK THAT EACH HAS PERFORMED  OR
(B)  SATISFACTORILY  DEMONSTRATED THE FOLLOWING: (I) ADHERENCE TO PROCE-
DURES CONTAINED IN AN APPROVED TARGETED HIRING PLAN; (II)  AS  APPROPRI-
ATE,  MADE REQUESTS TO UNIONS, USING PROPER FORMS, OF SUFFICIENT NUMBERS
OF TARGETED WORKERS AND APPRENTICES TO MEET THE TARGETED HIRING PERCENT-
AGES SET FORTH IN SUBDIVISION ONE OF THIS SECTION; (III) AS APPROPRIATE,
DOCUMENTED CONTACT WITH THE APPROPRIATE AGENCY  REPRESENTATIVE  IN  EACH
INSTANCE  WHEN THE RELEVANT UNION DID NOT REFER QUALIFIED TARGETED WORK-
ERS WITHIN THE FORTY-EIGHT HOURS  FOLLOWING  THE  CONTRACTOR'S  REQUEST;
(IV)  FAIR  CONSIDERATION  BY THE RECIPIENT AND COVERED EMPLOYERS OF ANY
TARGETED WORKER RECEIVED FROM ANY REFERRAL SOURCE; (V) ACCURATE  RECORDS
DOCUMENTING  THE  RECIPIENT'S  AND COVERED EMPLOYERS' COMPLIANCE EFFORTS
THAT INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: (1)  A  LISTING  BY
NAME  AND  ADDRESS  OF  ALL  LOCAL  RECRUITMENT SOURCES CONTACTED BY THE
RECIPIENT AND COVERED EMPLOYERS; (2) THE NUMBER OF TARGETED WORKER HIRES
MADE AS A RESULT OF THE CONTACT; (3) THE IDENTITY  AND  ADDRESS  OF  THE
WORKER  OR WORKERS HIRED PURSUANT TO THE CONTACT; (4) DOCUMENTATION WHEN
A TARGETED WORKER WAS NOT HIRED  (INCLUDING  THE  REASON  FOR  NON-HIRE)
AND/OR PREMATURE TERMINATION; (5) FOR CONSTRUCTION PROJECTS ONLY, RECIP-
IENTS  SHALL  ALSO INCLUDE THE DATE OF THE LOCAL RECRUITMENT CONTACT AND
THE IDENTITY OF THE PERSON CONTACTED, THE TRADE AND  CLASSIFICATION  AND
NUMBER OF HIRE REFERRALS REQUESTED.
  3.  FINANCIAL  ASSISTANCE  RECIPIENTS SHALL GUARANTEE THAT ALL COVERED
EMPLOYERS OPERATING ON THEIR PREMISES OR ON THE PREMISES OF REAL PROPER-
TY IMPROVED OR DEVELOPED  WITH  FINANCIAL  ASSISTANCE  COMPLY  WITH  THE
REQUIREMENTS OF THIS SECTION.
  4.  NOTHING  HEREIN  SHALL  BE  CONSTRUED  TO REQUIRE ANY RECIPIENT OR
COVERED EMPLOYER TO OFFER EMPLOYMENT TO ANY  PARTICULAR  INDIVIDUAL,  OR
OTHERWISE  AFFECT THE AUTHORITY OF ANY EMPLOYER WITH REGARD TO PERSONNEL
MATTERS.
  5. A COMPLAINT FOR A VIOLATION OF THIS SECTION  MAY  BE  FILED  BY  AN
AFFECTED  EMPLOYEE,  JOB  APPLICANT,  OR BY AN ORGANIZATION REPRESENTING
SUCH EMPLOYEE, PURSUANT TO THE PROCEDURES UNDER ARTICLES EIGHT AND  NINE
OF THE LABOR LAW.
  6.  THE  RELEVANT  FISCAL  OFFICER, AS DEFINED IN SUBDIVISION EIGHT OF
SECTION TWO HUNDRED THIRTY OF THE LABOR LAW, SHALL HAVE THE AUTHORITY TO
ENSURE COMPLIANCE WITH THE  PROVISIONS  OF  THIS  SECTION.    MONITORING
ACTIVITIES  MAY  INCLUDE REQUESTS TO PRODUCE DOCUMENTATION INCLUDING THE
PROVISION OF CERTIFIED PAYROLLS,  SITE  VISITS,  INTERVIEWS,  REVIEW  OF
REQUIRED REPORTS, AND ANY OTHER MONITORING ACTIVITIES THE FISCAL OFFICER
REASONABLY  FINDS  NECESSARY  TO  ASSESS  COMPLIANCE  WITH THIS SECTION.
COVERED EMPLOYERS SHALL COOPERATE FULLY AND PROMPTLY WITH ANY  INQUIRIES
THE  FISCAL  OFFICER DEEMS NECESSARY IN ORDER TO MONITOR COMPLIANCE WITH
THIS SECTION.   THE FISCAL  OFFICER  MAY  REVIEW  A  COVERED  EMPLOYER'S
COMPLIANCE  WITH  THIS  SECTION  EITHER  ON  ITS OWN INITIATIVE OR AFTER
RECEIVING A COMPLAINT OR INQUIRY FROM A MEMBER OF THE PUBLIC OR CITY  OR
STATE STAFF.
  7.  STATE  AUTHORITIES, LOCAL AUTHORITIES, OR ANY OTHER STATE GRANTING
BODIES SHALL PREPARE QUARTERLY TARGETED HIRE REPORTS LISTING EACH SUBSI-
DY RECIPIENT, WHETHER IT IS SUBJECT TO SUBDIVISION ONE OF THIS  SECTION,

A. 8203--A                         10

AND WHETHER IT HAS MET THE PERCENT TARGETED HIRE REQUIREMENTS IDENTIFIED
IN  SUBDIVISION  ONE  OF  THIS  SECTION.  THE  REPORT SHALL IDENTIFY THE
PERCENTAGE OF WORKERS IN EACH PROJECT THAT RESIDE IN  AN  MSA,  MISA  OR
COUNTY  NOT  DESIGNATED AS AN MSA OR MISA AND CONTAINING THE PROJECT, AS
WELL AS THE PERCENTAGE OF WORKERS THAT ARE  NEW  YORK  RESIDENTS.  THESE
REPORTS  SHALL  BE  AVAILABLE  TO  THE  PUBLIC.  DATA FROM THE QUARTERLY
REPORTS MAY BE USED TO COMPILE THE ANNUAL REPORT, IDENTIFIED IN  SECTION
TWENTY-EIGHT HUNDRED OF THIS ARTICLE.
  8.  THE FISCAL OFFICER SHALL PROMPTLY NOTIFY THE STATE OR LOCAL PUBLIC
AUTHORITY AFTER A FINAL  JUDGMENT  DETERMINING  THAT  THE  EMPLOYER  HAS
VIOLATED  THIS SECTION. UPON RECEIPT OF SUCH NOTICE, THE AUTHORITY SHALL
IMMEDIATELY SUSPEND FINANCIAL ASSISTANCE TO THE RECIPIENT. THE RECIPIENT
SHALL REPAY SUCH ASSISTANCE TO THE AUTHORITY PURSUANT TO  SECTION  TWEN-
TY-NINE HUNDRED NINETY-THREE OF THIS TITLE.
  9.  NOTHING  IN  THIS  SECTION  SHALL  BE  CONSTRUED AS PROHIBITING OR
CONFLICTING WITH ANY LAW, OBLIGATION, OR COLLECTIVE BARGAINING AGREEMENT
THAT REQUIRES GREATER  LEVELS  OF  TARGETED  HIRING  FOR  RECIPIENTS  OR
COVERED EMPLOYERS.
  10.  ANY PERSON AGGRIEVED BY A VIOLATION OF THIS SECTION, ANY ENTITY A
MEMBER OF WHICH IS AGGRIEVED BY A VIOLATION  OF  THIS  SECTION,  OR  ANY
OTHER  PERSON  OR  ENTITY ACTING ON BEHALF OF THE PUBLIC AS PROVIDED FOR
UNDER APPLICABLE STATE LAW, MAY BRING A  CIVIL  ACTION  IN  A  COURT  OF
COMPETENT JURISDICTION AGAINST THE RECIPIENT OR COVERED EMPLOYER VIOLAT-
ING  THIS  SECTION  AND,  UPON  PREVAILING,  SHALL BE AWARDED REASONABLE
ATTORNEYS' FEES AND COSTS AND SHALL BE ENTITLED TO SUCH LEGAL OR EQUITA-
BLE RELIEF AS MAY BE APPROPRIATE TO REMEDY  THE  VIOLATION.    PROVIDED,
HOWEVER, THAT ANY PERSON OR ENTITY ENFORCING THIS TITLE ON BEHALF OF THE
PUBLIC  AS  PROVIDED FOR UNDER APPLICABLE STATE LAW SHALL, UPON PREVAIL-
ING, BE ENTITLED ONLY TO EQUITABLE, INJUNCTIVE OR RESTITUTIONARY  RELIEF
TO  EMPLOYEES  OR  JOB  APPLICANTS,  AND  REASONABLE ATTORNEYS' FEES AND
COSTS.
  S 2998. PAYMENTS IN LIEU OF TAXES. NO PAYMENT IN LIEU OF TAXES  AGREE-
MENT SHALL BE FOR A PERIOD OF TIME LONGER THAN FIVE YEARS. THE AGREEMENT
SHALL  BE  RENEWABLE FOR ONE ADDITIONAL PERIOD OF FIVE YEARS, SO LONG AS
THE RECIPIENT HAS MET THE CONDITIONS OF THE FINANCIAL ASSISTANCE  AGREE-
MENT AND AFTER A VOTE BY THE RELEVANT BOARD.
  S 5. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2
of section 2800 of the public authorities law, as amended by chapter 506
of the laws of 2009, are amended to read as follows:
  (a)  For  the purpose of furnishing the state with systematic informa-
tion regarding the status and  the  activities  of  public  authorities,
every  state authority continued or created by this chapter or any other
chapter of the laws of the state of New York shall submit to the  gover-
nor,  the  chairman  and  ranking  minority member of the senate finance
committee, the chairman and ranking minority member of the assembly ways
and means committee, the state comptroller, and the  authorities  budget
office,  within ninety days after the end of its fiscal year, a complete
and detailed report or reports setting forth:  (1)  its  operations  and
accomplishments; (2) its financial reports, including (i) audited finan-
cials in accordance with all applicable regulations and following gener-
ally  accepted  accounting  principles  as defined in subdivision ten of
section two of the state finance law, (ii) grant and  subsidy  programs,
(iii)  operating  and  financial risks, (iv) current ratings, if any, of
its bonds issued by recognized municipal bond rating agencies and notice
of changes in such ratings, and  (v)  long-term  liabilities,  including
leases  and  employee benefit plans; (3) its mission statement and meas-

A. 8203--A                         11

urements including its most recent measurement report; (4) a schedule of
its bonds and notes outstanding at the end of its fiscal year,  together
with a statement of the amounts redeemed and incurred during such fiscal
year  as  part  of a schedule of debt issuance that includes the date of
issuance, term, amount, interest rate  and  means  of  repayment.  Addi-
tionally,  the debt schedule shall also include all refinancings, calls,
refundings, defeasements and interest rate exchange or other such agree-
ments, and for any debt issued during the reporting year,  the  schedule
shall  also  include a detailed list of costs of issuance for such debt;
(5) a compensation schedule, in addition  to  the  report  described  in
section  twenty-eight  hundred six of this title, that shall include, by
position, title and name of the person holding such position  or  title,
the  salary,  compensation,  allowance  and/or  benefits provided to any
officer, director or employee in a decision making or  managerial  posi-
tion of such authority whose salary is in excess of one hundred thousand
dollars;  (5-a)  biographical  information,  not  including confidential
personal information, for all directors and officers and  employees  for
whom  salary reporting is required under subparagraph five of this para-
graph; (6) the projects undertaken by such  authority  during  the  past
year,  MADE AVAILABLE TO THE PUBLIC IN AN ELECTRONIC NON-PROPRIETARY AND
DOWNLOADABLE DATABASE, THAT SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I) PROJECT DESCRIPTION: (A) NAME AND ADDRESS  OF  PROJECT  APPLICANT,
INCLUDING  NAMES  OF PRINCIPAL OFFICERS, ANY PARENT OR SUBSIDIARY CORPO-
RATIONS AND MAJOR  SHAREHOLDERS;  (B)  NAME  OF  THE  SITE  CONSULTANTS,
PROJECT  ARCHITECT,  ENGINEER  AND CONTRACTORS; (C) PROJECT DESCRIPTION,
INCLUDING ADDRESS, BLOCK AND LOT, PROPERTY AND BUILDING  SIZE,  PROPOSED
START AND COMPLETION DATES FOR THE FINANCIAL TRANSACTION, PROJECT GOALS,
AND  DESCRIPTION  OF  PROJECT  TENANTS; (D) ELECTRONIC LINK TO THE FINAL
APPLICATION, THE FINANCIAL ASSISTANCE AGREEMENT, THE COST BENEFIT ANALY-
SIS, ENVIRONMENTAL IMPACT ASSESSMENT AND/OR ENVIRONMENTAL IMPACT  STATE-
MENT,  AND  WHERE  APPLICABLE  THE  QUARTERLY  TARGETED HIRE REPORT; (E)
WHETHER PROJECT IS LOCATED IN AN AREA OF HIGH ECONOMIC DISTRESS OR ON  A
BROWNFIELD  OPPORTUNITY  AREA;  (F) THE AMOUNT, TYPE AND DATE OF CAPITAL
INVESTMENT TO BE PROVIDED BY THE RECIPIENT, ORIGINALLY COMMITTED AND  TO
DATE;  (G)  AMOUNT,  TYPE, AND DATE OF PUBLIC INFRASTRUCTURE INVESTMENTS
MADE BY RECIPIENT, ORIGINALLY COMMITTED AND TO DATE; (H) AMOUNT AND TYPE
OF AFFORDABLE HOUSING TO BE BUILT, IF ANY, ORIGINALLY COMMITTED  AND  TO
DATE; (I) NAICS CODE FOR PROJECT; (J) THE PUBLIC PURPOSE OF THE PROJECT;
(K)  AMOUNT  AND  TYPE  OF  POINT  SOURCE AND NON-POINT SOURCE POLLUTION
RESULTING FROM THE PROJECT, IF ANY, ANNUALLY AND TO DATE; (L) AMOUNT AND
TYPE OF ENERGY USE AT PROJECT LOCATION, ORIGINALLY  BENCHMARKED  AND  TO
DATE;  AND  (M)  AMOUNT  OF GREENHOUSE GAS EMISSIONS AT PROJECT LOCATION
ORIGINALLY BENCHMARKED AND TO DATE;
  (II) FINANCIAL ASSISTANCE: (A) CATEGORIZED DESCRIPTION  OF  THE  TOTAL
AMOUNT  AND  TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY OVER
THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT  COMMIT-
TED  DURING  THE  PRIOR FISCAL YEAR, INCLUDING THE VALUE OF ANY PROPERTY
SOLD OR LEASED AT LESS THAN FAIR MARKET VALUE; (B)  DESCRIPTION  OF  THE
NET  AMOUNT  AND  TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE AUTHORITY
OVER THE LIFE OF THE AGREEMENT, AMOUNT COMMITTED  TO  DATE,  AND  AMOUNT
COMMITTED  DURING  THE  PRIOR  FISCAL  YEAR,  AND  WHERE APPLICABLE, THE
AMOUNT, TYPE, AND DATE OF PILOT PAYMENTS BY TAX  JURISDICTION,  ORIGINAL
AND  TO  DATE;  (C)  ATTACHMENT OF THE YEARLY SCHEDULE OF EXEMPTIONS AND
OTHER BENEFITS COMMITTED BY THE AUTHORITY FOR EACH YEAR OF THE  LIFE  OF
THE  DEAL;  (D)  AMOUNT  OF PUBLIC ASSISTANCE, TOTAL, BY PROGRAM, AND BY
TYPE OF FINANCIAL ASSISTANCE, COMMITTED TO  THE  PROJECT  BY  ALL  OTHER

A. 8203--A                         12

FEDERAL,  STATE,  COUNTY,  AND  LOCAL  PROGRAMS  AS  OF  THE DATE OF THE
EXECUTION OF THE AGREEMENT, AS WELL AS  UPDATED  FOR  THE  PRIOR  FISCAL
YEAR;  AND (E) AMOUNT AND TYPE OF INFRASTRUCTURE INVESTMENTS INCURRED BY
FEDERAL, STATE, COUNTY, AND LOCAL GOVERNMENTS ON BEHALF OF THE PROJECT.
  (III)  PROJECT  CRITERIA:  (A)  NUMBER  AND  TYPES  OF  FULL-TIME  AND
PART-TIME JOBS EXISTING AT THE PROJECT ON THE DATE THE  ORIGINAL  AGREE-
MENT  WAS  EXECUTED,  AND  MEDIAN  ANNUAL WAGE AND BENEFIT LEVELS BY JOB
CLASSIFICATION; (B) NUMBER AND TYPES OF  FULL-TIME  AND  PART-TIME  JOBS
ORIGINALLY  COMMITTED, AS PER FINANCIAL ASSISTANCE AGREEMENT, AND MEDIAN
ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION; (C) NUMBER OF FULL
TIME AND PART TIME JOBS RETAINED TO DATE; (D) NUMBER OF  FULL  TIME  AND
PART  TIME  TEMPORARY  CONSTRUCTION  JOBS  CREATED  BY  APPLICANT AND BY
PROJECT TENANTS TO DATE; (E) NUMBER OF FULL TIME AND PART TIME  NON-CON-
STRUCTION  JOBS CREATED BY APPLICANT AND BY PROJECT TENANTS TO DATE; (F)
MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF FULL TIME
AND PART  TIME,  CONSTRUCTION  AND  NON-CONSTRUCTION  JOBS  CREATED  AND
RETAINED  TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND NON-CON-
STRUCTION JOBS; (H)(1) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO  DATE
OF  NEW  YORK  RESIDENTS, SEPARATED BY CONSTRUCTION AND NON-CONSTRUCTION
EMPLOYEES; (2) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL
RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN STATISTICAL
AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY  NOT  WITHIN
AN  MSA  OR MISA, IN WHICH THE PROJECT OCCURS, SEPARATED BY CONSTRUCTION
AND NON-CONSTRUCTION EMPLOYEES; (I) RECIPIENT USE OF UNION  CONSTRUCTION
APPRENTICESHIP   PROGRAMS  OR  ANY  OTHER  LOCAL  WORKFORCE  DEVELOPMENT
PROGRAM, ORIGINAL AND TO DATE; (J) WHETHER OR NOT THE  PROJECT  COMPLIED
WITH  EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY
ACT; (K) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (L)  WHETHER  OR
NOT THE PROJECT HAS MET EACH BENCHMARK AND IF NOT, THE FINANCIAL ASSIST-
ANCE  AMOUNT THE AUTHORITY HAS RECAPTURED DURING THE CURRENT YEAR AND TO
DATE; AND (M) WHETHER THE PROJECT HAS A SUBSIDY RECAPTURE PROVISION.
  (IV) OTHER: (A) WHETHER RECIPIENT, ITS  OFFICERS,  PRINCIPALS,  PARENT
COMPANY,  SUBSIDIARIES  OR  MAJOR  SHAREHOLDERS  HAVE  (1)  VIOLATED THE
PREVAILING WAGE LAW UNDER ARTICLE EIGHT OF THE LABOR LAW OR THE  FEDERAL
DAVIS-BACON  ACT;  (2)  VIOLATED STATE OR FEDERAL LAWS RELATING TO UNEM-
PLOYMENT COMPENSATION, WORKERS' COMPENSATION,  OCCUPATIONAL  HEALTH  AND
SAFETY,  EMPLOYEE  MISCLASSIFICATION,  EMPLOYMENT DISABILITY, EMPLOYMENT
DISCRIMINATION, OR OTHER LABOR LAWS; (3) VIOLATED STATE OR FEDERAL ENVI-
RONMENTAL PROTECTION LAWS; (4) FAILED TO FILE FEDERAL,  STATE  OR  LOCAL
TAX  RETURNS, ANY TAX LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS OF
AGREEMENTS OR LAWS UNDER WHICH A TAX  CREDIT,  TAX  EXEMPTION,  LOAN  OR
GRANT WAS AWARDED BY ANY FEDERAL, STATE OR LOCAL ENTITY; AND (5) DISCLO-
SURE OF ANY INVESTIGATIONS STARTED OR PENDING; (B) A DESCRIPTION OF SUCH
VIOLATIONS;  AND  (C) A STATEMENT AS TO WHETHER THE USE OF THE FINANCIAL
ASSISTANCE DURING THE PREVIOUS FISCAL YEAR HAS REDUCED EMPLOYMENT AT ANY
OTHER SITE CONTROLLED BY THE  RECIPIENT  CORPORATION  OR  ITS  CORPORATE
PARENT,  WITHIN  OR WITHOUT THE STATE AS A RESULT OF AUTOMATION, MERGER,
ACQUISITION, CORPORATE RESTRUCTURING OR OTHER BUSINESS ACTIVITY.
  (V) PRIOR PROJECTS. WHERE INFORMATION REQUESTED UNDER THIS SUBDIVISION
IS NOT REQUIRED TO BE COLLECTED BECAUSE THE PROJECT WAS  APPROVED  PRIOR
TO  THE  EFFECTIVE  DATE  OF TITLE THIRTEEN OF THIS ARTICLE, IT SHALL BE
NOTED ACCORDINGLY IN THE REPORT.
  (VI) DURATION. THE DATABASE SHALL BE FOR THE PERIOD COMMENCING ON  THE
DATE  THAT  THE  FINANCIAL  ASSISTANCE AGREEMENT AND ANY OTHER DOCUMENTS
APPLICABLE TO SUCH PROJECT HAVE BEEN EXECUTED  THROUGH  THE  FINAL  YEAR
THAT  SUCH  ENTITY  RECEIVES ASSISTANCE FOR SUCH PROJECT. AT SUCH POINT,

A. 8203--A                         13

DATA ON RECIPIENTS OF FINANCIAL ASSISTANCE SHALL BE ARCHIVED AND  AVAIL-
ABLE  TO  THE  PUBLIC;  (7)  a  listing and description AVAILABLE TO THE
PUBLIC IN A NON-PROPRIETARY ELECTRONIC  DATABASE,  in  addition  to  the
report  required  by paragraph a of subdivision three of section twenty-
eight hundred ninety-six of this article of all real  property  of  such
authority  having  an  estimated  fair market value in excess of fifteen
thousand dollars that the authority acquires or disposes of THROUGH SALE
OR LEASE during such period. The report shall contain the price received
or paid by the authority, THE FAIR MARKET VALUE AT THE TIME OF  SALE  OR
LEASE,  and  the  name  of the purchaser or seller for all such property
sold or bought by the authority during such period; (8) such authority's
code of ethics; (9) an assessment of the effectiveness of  its  internal
control  structure  and  procedures; (10) a copy of the legislation that
forms the statutory basis of the authority; (11) a  description  of  the
authority and its board structure, including (i) names of committees and
committee  members,  (ii)  lists of board meetings and attendance, (iii)
descriptions of major authority units, subsidiaries, [and]  (iv)  number
of  employees,  AND  (V) ORGANIZATIONAL CHART; (12) its charter, if any,
and by-laws; (13) a  listing  of  material  changes  in  operations  and
programs during the reporting year; (14) at a minimum a four-year finan-
cial  plan,  including  (i)  a current and projected capital budget, and
(ii) an operating budget report, including an  actual  versus  estimated
budget,  with  an  analysis  and  measurement of financial and operating
performance; (15) its board performance evaluations,  INCLUDING  ATTEND-
ANCE  AND  VOTING RECORDS BY EACH BOARD MEMBER; [provided, however, that
such evaluations shall not be subject to disclosure under article six of
the public officers law;] (16) a description of  the  total  amounts  of
assets,  services  or  both  assets  and services bought or sold without
competitive bidding, including  (i)  the  nature  of  those  assets  and
services,  (ii)  the  names  of  the counterparties, and (iii) where the
contract price for assets purchased exceeds fair market value, or  where
the  contract  price  for  assets sold is less than fair market value, a
detailed explanation of the justification for  making  the  purchase  or
sale without competitive bidding, and a certification by the chief exec-
utive  officer  and chief financial officer of the public authority that
they have reviewed the terms of such purchase  or  sale  and  determined
that  it  complies  with  applicable law and procurement guidelines; and
(17) a description of any  material  pending  litigation  in  which  the
authority  is involved as a party during the reporting year, except that
no hospital need disclose information about pending  malpractice  claims
beyond the existence of such claims.
  (a) Every local authority, continued or created by this chapter or any
other  chapter  of the laws of the state of New York shall submit to the
chief executive officer, the chief fiscal officer,  the  chairperson  of
the  legislative  body  of the local government or local governments and
the authorities budget office, within ninety days after the end  of  its
fiscal  year,  a  complete and detailed report or reports setting forth:
(1) its operations  and  accomplishments;  (2)  its  financial  reports,
including (i) audited financials in accordance with all applicable regu-
lations  and  following  generally  accepted  accounting  principles  as
defined in subdivision ten of section two of the state finance law, (ii)
grants and subsidy programs, (iii) operating and financial  risks,  (iv)
current ratings if any, of its bonds issued by recognized municipal bond
rating agencies and notice of changes in such ratings, and (v) long-term
liabilities,  including  leases  and  employee  benefit  plans;  (3) its
mission statement and measurements including its most recent measurement

A. 8203--A                         14

report; (4) a schedule of its bonds and notes outstanding at the end  of
its  fiscal  year, together with a statement of the amounts redeemed and
incurred during such fiscal year as part of a schedule of debt  issuance
that  includes  the  date  of  issuance, term, amount, interest rate and
means of repayment. Additionally, the debt schedule shall  also  include
all  refinancings,  calls,  refundings,  defeasements  and interest rate
exchange or other such agreements, and for any debt  issued  during  the
reporting year, the schedule shall also include a detailed list of costs
of  issuance  for  such debt; (5) a compensation schedule in addition to
the report described in section twenty-eight hundred six of  this  title
that  shall  include,  by position, title and name of the person holding
such position or title, the salary, compensation, allowance and/or bene-
fits provided to any officer, director or employee in a decision  making
or  managerial  position  of such authority whose salary is in excess of
one  hundred  thousand  dollars;  (5-a)  biographical  information,  not
including confidential personal information, for all directors and offi-
cers  and employees for whom salary reporting is required under subpara-
graph five of this  paragraph;  (6)  the  projects  undertaken  by  such
authority during the past year, MADE AVAILABLE TO THE PUBLIC IN AN ELEC-
TRONIC NON-PROPRIETARY AND DOWNLOADABLE DATABASE, THAT SHALL INCLUDE BUT
NOT  BE  LIMITED  TO:  (I)  PROJECT DESCRIPTION: (A) NAME AND ADDRESS OF
PROJECT APPLICANT, INCLUDING NAMES OF PRINCIPAL OFFICERS, ANY PARENT  OR
SUBSIDIARY  CORPORATIONS  AND  MAJOR  SHAREHOLDERS; (B) NAME OF THE SITE
CONSULTANTS, PROJECT ARCHITECT, ENGINEER AND  CONTRACTORS;  (C)  PROJECT
DESCRIPTION,  INCLUDING  ADDRESS,  BLOCK  AND LOT, PROPERTY AND BUILDING
SIZE, PROPOSED START AND COMPLETION DATES FOR THE FINANCIAL TRANSACTION,
PROJECT GOALS, AND DESCRIPTION OF PROJECT TENANTS; (D)  ELECTRONIC  LINK
TO  THE  FINAL APPLICATION, THE FINANCIAL ASSISTANCE AGREEMENT, THE COST
BENEFIT ANALYSIS, ENVIRONMENTAL IMPACT ASSESSMENT  AND/OR  ENVIRONMENTAL
IMPACT  STATEMENT,  AND  WHERE  APPLICABLE  THE  QUARTERLY TARGETED HIRE
REPORT; (E) WHETHER PROJECT IS LOCATED  IN  AN  AREA  OF  HIGH  ECONOMIC
DISTRESS  OR  ON A BROWNFIELD OPPORTUNITY AREA; (F) THE AMOUNT, TYPE AND
DATE OF CAPITAL INVESTMENT TO BE PROVIDED BY THE  RECIPIENT,  ORIGINALLY
COMMITTED  AND TO DATE; (G) AMOUNT, TYPE, AND DATE OF PUBLIC INFRASTRUC-
TURE INVESTMENTS MADE BY RECIPIENT, ORIGINALLY COMMITTED  AND  TO  DATE;
(H)  AMOUNT  AND  TYPE  OF  AFFORDABLE  HOUSING  TO  BE  BUILT,  IF ANY,
ORIGINALLY COMMITTED AND TO DATE; (I) NAICS CODE FOR  PROJECT;  (J)  THE
PUBLIC  PURPOSE  OF THE PROJECT; (K) AMOUNT AND TYPE OF POINT SOURCE AND
NON-POINT SOURCE POLLUTION RESULTING FROM THE PROJECT, IF ANY,  ANNUALLY
AND  TO  DATE;  (L)  AMOUNT  AND TYPE OF ENERGY USE AT PROJECT LOCATION,
ORIGINALLY BENCHMARKED AND TO DATE; AND (M)  AMOUNT  OF  GREENHOUSE  GAS
EMISSIONS AT PROJECT LOCATION ORIGINALLY BENCHMARKED AND TO DATE.
  (II)  FINANCIAL  ASSISTANCE:  (A) CATEGORIZED DESCRIPTION OF THE TOTAL
AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED BY THE  AUTHORITY  OVER
THE  LIFE OF THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT COMMIT-
TED DURING THE PRIOR FISCAL YEAR, INCLUDING THE VALUE  OF  ANY  PROPERTY
SOLD  OR  LEASED  AT LESS THAN FAIR MARKET VALUE; (B) DESCRIPTION OF THE
NET AMOUNT AND TYPE OF FINANCIAL ASSISTANCE PROVIDED  BY  THE  AUTHORITY
OVER  THE  LIFE  OF  THE AGREEMENT, AMOUNT COMMITTED TO DATE, AND AMOUNT
COMMITTED DURING THE  PRIOR  FISCAL  YEAR,  AND  WHERE  APPLICABLE,  THE
AMOUNT,  TYPE,  AND DATE OF PILOT PAYMENTS BY TAX JURISDICTION, ORIGINAL
AND TO DATE; (C) ATTACHMENT OF THE YEARLY  SCHEDULE  OF  EXEMPTIONS  AND
OTHER  BENEFITS  COMMITTED BY THE AUTHORITY FOR EACH YEAR OF THE LIFE OF
THE DEAL; (D) AMOUNT OF PUBLIC ASSISTANCE, TOTAL,  BY  PROGRAM,  AND  BY
TYPE  OF  FINANCIAL  ASSISTANCE,  COMMITTED  TO THE PROJECT BY ALL OTHER
FEDERAL, STATE, COUNTY, AND  LOCAL  PROGRAMS  AS  OF  THE  DATE  OF  THE

A. 8203--A                         15

EXECUTION  OF  THE  AGREEMENT,  AS  WELL AS UPDATED FOR THE PRIOR FISCAL
YEAR; AND (E) AMOUNT AND TYPE OF INFRASTRUCTURE INVESTMENTS INCURRED  BY
FEDERAL, STATE, COUNTY, AND LOCAL GOVERNMENTS ON BEHALF OF PROJECT.
  (III)  PROJECT  CRITERIA,  WHERE  APPLICABLE:  (A) NUMBER AND TYPES OF
FULL-TIME AND PART-TIME JOBS EXISTING AT THE PROJECT  ON  THE  DATE  THE
ORIGINAL  AGREEMENT  WAS  EXECUTED,  AND  MEDIAN ANNUAL WAGE AND BENEFIT
LEVELS BY JOB CLASSIFICATION; (B) NUMBER  AND  TYPES  OF  FULL-TIME  AND
PART-TIME  JOBS ORIGINALLY COMMITTED, AS PER FINANCIAL ASSISTANCE AGREE-
MENT, AND MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY  JOB  CLASSIFICATION;
(C)  NUMBER OF FULL TIME AND PART TIME JOBS RETAINED TO DATE; (D) NUMBER
OF FULL TIME AND PART TIME CONSTRUCTION JOBS CREATED BY APPLICANT AND BY
PROJECT TENANTS TO DATE; (E) NUMBER OF FULL TIME AND PART TIME  NON-CON-
STRUCTION  JOBS CREATED BY APPLICANT AND BY PROJECT TENANTS TO DATE; (F)
MEDIAN ANNUAL WAGE AND BENEFIT LEVELS BY JOB CLASSIFICATION OF FULL TIME
AND PART  TIME,  CONSTRUCTION  AND  NON-CONSTRUCTION  JOBS  CREATED  AND
RETAINED  TO DATE; (G) ACTUAL DATE OF HIRE FOR CONSTRUCTION AND NON-CON-
STRUCTION JOBS; (H) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE  OF
NEW  YORK  RESIDENTS,  SEPARATED  BY  CONSTRUCTION  AND NON-CONSTRUCTION
EMPLOYEES; (I) NUMBER AND PERCENT OF TOTAL JOBS CREATED TO DATE OF LOCAL
RESIDENTS, DEFINED AS THOSE RESIDING WITHIN THE METROPOLITAN STATISTICAL
AREA (MSA), MICROPOLITAN STATISTICAL AREA (MISA), OR COUNTY  NOT  WITHIN
AN  MSA  OR MISA, IN WHICH THE PROJECT OCCURS, SEPARATED BY CONSTRUCTION
AND NON-CONSTRUCTION EMPLOYEES; (J) RECIPIENT USE OF UNION  CONSTRUCTION
APPRENTICESHIP   PROGRAMS  OR  ANY  OTHER  LOCAL  WORKFORCE  DEVELOPMENT
PROGRAM, ORIGINAL AND TO DATE; (K) WHETHER OR NOT THE  PROJECT  COMPLIED
WITH  EACH ASPECT OF THE STATE SMART GROWTH PUBLIC INFRASTRUCTURE POLICY
ACT; (L) THE BENCHMARKS FOR THE CURRENT REPORTING YEAR; (M)  WHETHER  OR
NOT THE PROJECT HAS MET EACH BENCHMARK AND IF NOT, THE FINANCIAL ASSIST-
ANCE  AMOUNT THE AUTHORITY HAS RECAPTURED DURING THE CURRENT YEAR AND TO
DATE; (N) WHETHER THE PROJECT HAS A SUBSIDY RECAPTURE PROVISION.
  (IV) OTHER: (A) WHETHER RECIPIENT, ITS  OFFICERS,  PRINCIPALS,  PARENT
COMPANY,  SUBSIDIARIES  OR  MAJOR  SHAREHOLDERS  HAVE  (1)  VIOLATED THE
PREVAILING WAGE LAW UNDER ARTICLE EIGHT OF THE LABOR LAW OR THE  FEDERAL
DAVIS-BACON  ACT;  (2)  VIOLATED STATE OR FEDERAL LAWS RELATING TO UNEM-
PLOYMENT COMPENSATION, WORKERS' COMPENSATION,  OCCUPATIONAL  HEALTH  AND
SAFETY,  EMPLOYEE  MISCLASSIFICATION,  EMPLOYMENT DISABILITY, EMPLOYMENT
DISCRIMINATION, OR OTHER LABOR LAWS; (3) VIOLATED STATE OR FEDERAL ENVI-
RONMENTAL PROTECTION LAWS; (4) FAILED TO FILE FEDERAL,  STATE  OR  LOCAL
TAX  RETURNS, ANY TAX LIABILITIES, JUDGMENTS OR LIENS, AND VIOLATIONS OF
AGREEMENTS OR LAWS UNDER WHICH A TAX  CREDIT,  TAX  EXEMPTION,  LOAN  OR
GRANT WAS AWARDED BY ANY FEDERAL, STATE OR LOCAL ENTITY; AND (5) DISCLO-
SURE OF ANY INVESTIGATIONS STARTED OR PENDING; (B) A DESCRIPTION OF SUCH
VIOLATIONS;  AND  (C) A STATEMENT AS TO WHETHER THE USE OF THE FINANCIAL
ASSISTANCE DURING THE PREVIOUS FISCAL YEAR HAS REDUCED EMPLOYMENT AT ANY
OTHER SITE CONTROLLED BY THE  RECIPIENT  CORPORATION  OR  ITS  CORPORATE
PARENT,  WITHIN  OR WITHOUT THE STATE AS A RESULT OF AUTOMATION, MERGER,
ACQUISITION, CORPORATE RESTRUCTURING OR OTHER BUSINESS ACTIVITY.
  (V) PRIOR PROJECTS. WHERE INFORMATION REQUESTED UNDER SUBDIVISION  TWO
OF  THIS SECTION IS NOT REQUIRED TO BE COLLECTED BECAUSE THE PROJECT WAS
APPROVED PRIOR TO THE ADOPTION OF THIS LAW, IT SHALL BE NOTED ACCORDING-
LY IN THE REPORT.
  (VI) THE DATABASE SHALL BE FOR THE PERIOD COMMENCING ON THE DATE  THAT
THE FINANCIAL ASSISTANCE AGREEMENT AND ANY OTHER DOCUMENTS APPLICABLE TO
SUCH  PROJECT HAVE BEEN EXECUTED THROUGH THE FINAL YEAR THAT SUCH ENTITY
RECEIVES ASSISTANCE FOR SUCH PROJECT. AT SUCH POINT, DATA ON  RECIPIENTS
OF  FINANCIAL  ASSISTANCE SHALL BE ARCHIVED AND AVAILABLE TO THE PUBLIC;

A. 8203--A                         16

(7) a listing and description AVAILABLE TO THE PUBLIC IN A  NON-PROPRIE-
TARY  ELECTRONIC  DATABASE,  in addition to the report required by para-
graph a of subdivision three of section twenty-eight hundred  ninety-six
of  this  article of all real property of such authority having an esti-
mated fair market value in excess of fifteen thousand dollars  that  the
authority  acquires  or  disposes  of  THROUGH SALE OR LEASE during such
period. The report shall contain the  price  received  or  paid  by  the
authority,  THE  FAIR MARKET VALUE AT THE TIME OF SALE OR LEASE, and the
name of the purchaser or seller for all such property sold or bought  by
the  authority  during such period; (8) such authority's code of ethics;
(9) an assessment of the effectiveness of its internal control structure
and procedures; (10) a copy of the legislation that forms the  statutory
basis  of  the  authority;  (11)  a description of the authority and its
board  structure,  including  (i)  names  of  committees  and  committee
members, (ii) lists of board meetings and attendance, (iii) descriptions
of  major  authority  units, subsidiaries, (iv) number of employees, and
(v) organizational chart; (12) its charter, if any, and by-laws; (13)  a
listing  of  material  changes  in  operations  and  programs during the
reporting year; (14) at a minimum a four-year financial plan,  including
(i) a current and projected capital budget, and (ii) an operating budget
report,  including  an  actual versus estimated budget, with an analysis
and measurement of financial and operating performance; (15)  its  board
performance  evaluations [provided, however, that such evaluations shall
not be subject to disclosure under article six of  the  public  officers
law],  INCLUDING  ATTENDANCE,  VOTING  RECORDS BY EACH BOARD MEMBER, AND
CATEGORIZATION OF EACH BOARD MEMBER  ACCORDING  TO  SECTION  TWENTY-NINE
HUNDRED  NINETY-SIX  OF  THIS  ARTICLE;  (16) a description of the total
amounts of assets, services or both assets and services bought  or  sold
without  competitive  bidding,  including (i) the nature of those assets
and services, (ii) the names of the counterparties, and (iii) where  the
contract  price for assets purchased exceeds fair market value, or where
the contract price for assets sold is less than  fair  market  value,  a
detailed  explanation  of  the  justification for making the purchase or
sale without competitive bidding, and a certification by the chief exec-
utive officer and chief financial officer of the public  authority  that
they  have  reviewed  the  terms of such purchase or sale and determined
that it complies with applicable law  and  procurement  guidelines;  and
(17)  a  description  of  any  material  pending litigation in which the
authority is involved as a party during the reporting year, except  that
no  provider of medical services need disclose information about pending
malpractice claims beyond the existence of such claims.
  S 6. Subdivision 1 of section 2800 of the public  authorities  law  is
amended by adding a new paragraph (d) to read as follows:
  (D)  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED AS PROHIBITING OR
CONFLICTING WITH ANY LAW OR OBLIGATION THAT  REQUIRES  HIGHER  STANDARDS
FOR ANNUAL REPORTING BY A STATE PUBLIC AUTHORITY.
  S  7.  Subdivision  2 of section 2800 of the public authorities law is
amended by adding two new paragraphs (c) and (d) to read as follows:
  (C) THE AUTHORITIES BUDGET OFFICE SHALL MAKE ACCESSIBLE TO THE PUBLIC,
VIA ITS OFFICIAL OR SHARED INTERNET WEB SITE,  DOCUMENTATION  PERTAINING
TO  EACH  AUTHORITY'S  MISSION,  CURRENT  ACTIVITIES, MOST RECENT ANNUAL
FINANCIAL REPORTS, CURRENT YEAR BUDGET AND ITS MOST  RECENT  INDEPENDENT
AUDIT  REPORT  UNLESS  SUCH INFORMATION IS COVERED BY SUBDIVISION TWO OF
SECTION EIGHTY-SEVEN OF THE PUBLIC OFFICERS LAW.

A. 8203--A                         17

  (D) NOTHING IN THIS SECTION  SHALL  BE  CONSTRUED  AS  PROHIBITING  OR
CONFLICTING  WITH  ANY  LAW OR OBLIGATION THAT REQUIRES HIGHER STANDARDS
FOR ANNUAL REPORTING BY A LOCAL PUBLIC AUTHORITY.
  S  8.  This  act shall take effect on the ninetieth day after it shall
have become a law, provided, however, that  effective  immediately,  the
addition,  amendment  and/or  repeal of any rule or regulation necessary
for the implementation of this act on its effective date  is  authorized
to be made and completed on or before such date.