S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3109
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   February 2, 2015
                                      ___________
       Introduced  by Sens. KRUEGER, HASSELL-THOMPSON, PARKER -- read twice and
         ordered printed, and when printed to be committed to the Committee  on
         Corporations, Authorities and Commissions
       AN  ACT to amend the business corporation law and the public authorities
         law, in relation to enacting the  "corporate  accountability  for  tax
         expenditures act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title.  This act shall be known and may be  cited  as
    2  the "corporate accountability for tax expenditures act".
    3    S  2.  The business corporation law is amended by adding a new article
    4  14 to read as follows:
    5                                  ARTICLE 14
    6                CORPORATE ACCOUNTABILITY FOR TAX EXPENDITURES
    7  SECTION 1401. DEFINITIONS.
    8          1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
    9          1403. STANDARDIZED APPLICATIONS FOR  STATE  DEVELOPMENT  ASSIST-
   10                  ANCE.
   11          1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
   12          1405. RECAPTURE.
   13  S 1401. DEFINITIONS.
   14    AS USED IN THIS ARTICLE:
   15    (A) "BASE YEARS" MEANS THE FIRST TWO COMPLETE CALENDAR YEARS FOLLOWING
   16  THE EFFECTIVE DATE OF A RECIPIENT RECEIVING DEVELOPMENT ASSISTANCE.
   17    (B) "DATE OF ASSISTANCE" MEANS THE COMMENCEMENT DATE OF THE ASSISTANCE
   18  AGREEMENT,  WHICH DATE TRIGGERS THE PERIOD DURING WHICH THE RECIPIENT IS
   19  OBLIGATED TO CREATE OR  RETAIN  JOBS  AND  CONTINUE  OPERATIONS  AT  THE
   20  SPECIFIC PROJECT SITE.
   21    (C)  "DEFAULT"  MEANS  THAT  A  RECIPIENT  HAS  NOT  ACHIEVED  ITS JOB
   22  CREATION, JOB RETENTION, OR WAGE OR BENEFIT GOALS, AS APPLICABLE, DURING
   23  THE PRESCRIBED PERIOD THEREFOR.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08527-01-5
       S. 3109                             2
    1    (D) "DEPARTMENT" MEANS, UNLESS  OTHERWISE  NOTED,  THE  DEPARTMENT  OF
    2  TAXATION AND FINANCE OR ANY SUCCESSOR AGENCY.
    3    (E)  "DEVELOPMENT ASSISTANCE" MEANS (1) TAX CREDITS AND TAX EXEMPTIONS
    4  (OTHER THAN GIVEN UNDER TAX INCREMENT FINANCING) GIVEN AS  AN  INCENTIVE
    5  TO  A  RECIPIENT  BUSINESS  ORGANIZATION  PURSUANT TO AN INITIAL CERTIF-
    6  ICATION OR AN INITIAL DESIGNATION MADE BY THE DEPARTMENT  UNDER  ARTICLE
    7  EIGHTEEN-A OR EIGHTEEN-B OF THE GENERAL MUNICIPAL LAW;
    8    (2)  ALL SUCCESSOR AND SUBSEQUENT PROGRAMS AND TAX CREDITS DESIGNED TO
    9  PROMOTE LARGE BUSINESS RELOCATIONS AND EXPANSIONS. "DEVELOPMENT  ASSIST-
   10  ANCE"  DOES  NOT  INCLUDE  TAX  INCREMENT FINANCING, ASSISTANCE PROVIDED
   11  UNDER ARTICLE EIGHTEEN-A OR EIGHTEEN-B  OF  THE  GENERAL  MUNICIPAL  LAW
   12  PURSUANT  TO  LOCAL  ORDINANCE, PARTICIPATION LOANS, OR FINANCIAL TRANS-
   13  ACTIONS  THROUGH  STATUTORILY  AUTHORIZED  FINANCIAL  INTERMEDIARIES  IN
   14  SUPPORT  OF  SMALL BUSINESS LOANS AND INVESTMENTS OR GIVEN IN CONNECTION
   15  WITH THE DEVELOPMENT OF AFFORDABLE HOUSING.
   16    (F) "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
   17  THE STATE GRANTING BODY AND THE RECIPIENT SETTING FORTH  THE  TERMS  AND
   18  CONDITIONS  OF  DEVELOPMENT  ASSISTANCE  TO BE PROVIDED TO THE RECIPIENT
   19  CONSISTENT  WITH  THE  FINAL  APPLICATION  FOR  DEVELOPMENT  ASSISTANCE,
   20  INCLUDING  BUT  NOT  LIMITED TO THE DATE OF ASSISTANCE, SUBMITTED TO AND
   21  APPROVED BY THE STATE GRANTING BODY.
   22    (G) "FULL-TIME, PERMANENT JOB" MEANS A JOB IN WHICH THE  NEW  EMPLOYEE
   23  WORKS  FOR  THE  RECIPIENT  AT  A RATE OF AT LEAST THIRTY-FIVE HOURS PER
   24  WEEK.
   25    (H) "NEW EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE  WHO  REPRES-
   26  ENTS  A  NET  INCREASE IN THE NUMBER OF THE RECIPIENT'S EMPLOYEES STATE-
   27  WIDE. "NEW EMPLOYEE" INCLUDES AN EMPLOYEE WHO PREVIOUSLY  FILLED  A  NEW
   28  EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
   29  A LAYOFF THAT OCCURS DURING OR FOLLOWING THE BASE YEARS.
   30    THE TERM "NEW EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
   31    (1) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
   32  LY  PERFORMED  BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB EXISTED IN
   33  THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE.
   34    (2) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
   35  LEGALLY SEPARATED FROM THE INDIVIDUAL,  OF  ANY  INDIVIDUAL  WHO  HAS  A
   36  DIRECT  OR  INDIRECT  OWNERSHIP INTEREST OF AT LEAST FIVE PERCENT IN THE
   37  PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
   38    (I) "PART-TIME JOB" MEANS A JOB IN WHICH THE NEW  EMPLOYEE  WORKS  FOR
   39  THE RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
   40    (J)  "RECIPIENT" MEANS ANY BUSINESS THAT RECEIVES ECONOMIC DEVELOPMENT
   41  ASSISTANCE. A BUSINESS IS ANY CORPORATION,  LIMITED  LIABILITY  COMPANY,
   42  PARTNERSHIP,  JOINT  VENTURE, ASSOCIATION, SOLE PROPRIETORSHIP, OR OTHER
   43  LEGALLY RECOGNIZED ENTITY.
   44    (K) "RETAINED  EMPLOYEE"  MEANS  ANY  EMPLOYEE  DEFINED  AS  HAVING  A
   45  FULL-TIME  OR  FULL-TIME EQUIVALENT JOB PRESERVED AT A SPECIFIC FACILITY
   46  OR SITE, THE CONTINUANCE OF WHICH IS THREATENED BY A SPECIFIC AND DEMON-
   47  STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
   48  MENT ASSISTANCE.
   49    (L) "SPECIFIC PROJECT SITE" MEANS THAT DISTINCT  OPERATIONAL  UNIT  TO
   50  WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
   51    (M)  "STATE  GRANTING  BODY"  MEANS  THE  DEPARTMENT,  ANY OTHER STATE
   52  DEPARTMENT OR STATE AGENCY THAT PROVIDES DEVELOPMENT ASSISTANCE THAT HAS
   53  REPORTING REQUIREMENTS UNDER THIS ARTICLE, AND ANY SUCCESSOR AGENCIES TO
   54  ANY OF THE PRECEDING.
   55    (N) "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
   56  A SPECIFIC DURATION OF TIME OR SEASON.
       S. 3109                             3
    1    (O) "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
    2  MENT ASSISTANCE.
    3  S 1402. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
    4    (A)  FOR EACH STATE FISCAL YEAR ENDING ON OR AFTER JUNE THIRTIETH, TWO
    5  THOUSAND SIXTEEN, THE DEPARTMENT SHALL SUBMIT AN ANNUAL UNIFIED ECONOMIC
    6  DEVELOPMENT BUDGET TO THE GOVERNOR, SENATE  AND  ASSEMBLY.  THE  UNIFIED
    7  ECONOMIC  DEVELOPMENT  BUDGET SHALL BE DUE WITHIN THREE MONTHS AFTER THE
    8  END OF THE FISCAL YEAR, AND  SHALL  PRESENT  ALL  TYPES  OF  DEVELOPMENT
    9  ASSISTANCE GRANTED DURING THE PRIOR FISCAL YEAR, INCLUDING:
   10    (1) THE AGGREGATE AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES
   11  RESULTING  FROM EACH TYPE OF DEVELOPMENT ASSISTANCE PROVIDED PURSUANT TO
   12  LAW, AS REPORTED TO THE DEPARTMENT  ON  TAX  RETURNS  FILED  DURING  THE
   13  FISCAL YEAR.
   14    (2) ALL STATE DEVELOPMENT ASSISTANCE.
   15    (B)  ALL  DATA  CONTAINED  IN  THE UNIFIED ECONOMIC DEVELOPMENT BUDGET
   16  PRESENTED TO THE GOVERNOR, SENATE AND ASSEMBLY SHALL BE FULLY SUBJECT TO
   17  THE FREEDOM OF INFORMATION ACT.
   18    (C) THE DEPARTMENT SHALL SUBMIT A REPORT OF THE  AMOUNTS  IN  SUBPARA-
   19  GRAPH  ONE OF PARAGRAPH (A) OF THIS SECTION TO THE DEPARTMENT, WHICH MAY
   20  APPEND SUCH REPORT TO THE UNIFIED  ECONOMIC  DEVELOPMENT  BUDGET  RATHER
   21  THAN SEPARATELY REPORTING SUCH AMOUNTS.
   22  S 1403. STANDARDIZED APPLICATIONS FOR STATE DEVELOPMENT ASSISTANCE.
   23    (A)  ALL  FINAL  APPLICATIONS SUBMITTED TO THE DEPARTMENT OR ANY OTHER
   24  STATE GRANTING BODY REQUESTING DEVELOPMENT ASSISTANCE SHALL CONTAIN,  AT
   25  A MINIMUM:
   26    (1)  AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE STATE
   27  GRANTING AGENCY AND TO EACH APPLICATION.
   28    (2) THE OFFICE MAILING ADDRESS, OFFICE  TELEPHONE  NUMBER,  AND  CHIEF
   29  OFFICER OF THE GRANTING BODY.
   30    (3)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
   31  CHIEF OFFICER OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR  THE  SPECIFIC
   32  PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED.
   33    (4)  THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
   34  SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE STATE GRANTING
   35  BODY, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE  NUMBER  OF
   36  PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
   37    (5)  THE  TYPE OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE BEING
   38  REQUESTED.
   39    (6) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED  AND
   40  RETAINED  BY  THE  APPLICANT  AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
   41  INCLUDING THE  NUMBER  OF  FULL-TIME,  PERMANENT  JOBS,  THE  NUMBER  OF
   42  PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
   43    (7)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
   44  NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
   45  PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
   46  HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB  CLASSIFICA-
   47  TION  AND  TOTAL  PAYROLL  TO  BE CREATED AS A RESULT OF THE DEVELOPMENT
   48  ASSISTANCE.
   49    (8) A LIST OF ALL OTHER  FORMS  OF  DEVELOPMENT  ASSISTANCE  THAT  THE
   50  APPLICANT  IS  REQUESTING  FOR THE SPECIFIC PROJECT SITE AND THE NAME OF
   51  EACH STATE GRANTING BODY FROM WHICH THAT DEVELOPMENT ASSISTANCE IS BEING
   52  REQUESTED.
   53    (9) A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT  ASSIST-
   54  ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
   55  MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK.
       S. 3109                             4
    1    (10)  A  CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR HIS OR
    2  HER AUTHORIZED DESIGNEE THAT THE INFORMATION CONTAINED IN  THE  APPLICA-
    3  TION  SUBMITTED  TO  THE  GRANTING BODY CONTAINS NO KNOWING MISREPRESEN-
    4  TATION OF MATERIAL FACTS UPON WHICH ELIGIBILITY FOR DEVELOPMENT  ASSIST-
    5  ANCE IS BASED.
    6    (B)  EVERY STATE GRANTING BODY EITHER SHALL COMPLETE, OR SHALL REQUIRE
    7  THE APPLICANT TO COMPLETE, AN APPLICATION FORM THAT  MEETS  THE  MINIMUM
    8  REQUIREMENTS  AS  PRESCRIBED  IN  THIS  SECTION  EACH  TIME AN APPLICANT
    9  APPLIES FOR DEVELOPMENT ASSISTANCE COVERED BY THIS ARTICLE.
   10    (C) THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY  ANY  STANDARD-
   11  IZED  APPLICATION  FOR STATE DEVELOPMENT ASSISTANCE REQUIRED UNDER PARA-
   12  GRAPH (A) OF THIS SECTION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN INCEN-
   13  TIVE TO A RECIPIENT BUSINESS ORGANIZATION.
   14  S 1404. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
   15    (A) BEGINNING FEBRUARY FIRST, TWO THOUSAND  SEVENTEEN  AND  EACH  YEAR
   16  THEREAFTER,  EVERY  STATE  GRANTING  BODY SHALL SUBMIT TO THE DEPARTMENT
   17  COPIES OF ALL DEVELOPMENT ASSISTANCE AGREEMENTS THAT IT APPROVED IN  THE
   18  PRIOR CALENDAR YEAR.
   19    (B)  FOR  EACH  DEVELOPMENT ASSISTANCE AGREEMENT FOR WHICH THE DATE OF
   20  ASSISTANCE HAS OCCURRED IN THE PRIOR CALENDAR YEAR, EACH RECIPIENT SHALL
   21  SUBMIT TO THE DEPARTMENT A PROGRESS REPORT THAT SHALL INCLUDE,  BUT  NOT
   22  BE LIMITED TO, THE FOLLOWING:
   23    (1) THE APPLICATION TRACKING NUMBER.
   24    (2)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
   25  CHIEF OFFICER OF THE GRANTING BODY.
   26    (3) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF  THE
   27  CHIEF  OFFICER  OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
   28  PROJECT SITE FOR WHICH THE DEVELOPMENT ASSISTANCE WAS  APPROVED  BY  THE
   29  STATE GRANTING BODY.
   30    (4) THE TYPE OF DEVELOPMENT ASSISTANCE PROGRAM AND VALUE OF ASSISTANCE
   31  THAT WAS APPROVED BY THE STATE GRANTING BODY.
   32    (5)  THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
   33  SITE ON THE DATE THAT THE APPLICATION WAS SUBMITTED TO THE STATE  GRANT-
   34  ING  BODY  AND THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC
   35  PROJECT SITE ON  THE  DATE  OF  THE  REPORT,  INCLUDING  THE  NUMBER  OF
   36  FULL-TIME,  PERMANENT JOBS, THE NUMBER OF PART-TIME JOBS, AND THE NUMBER
   37  OF TEMPORARY JOBS, AND A COMPUTATION OF THE GAIN OR LOSS OF JOBS IN EACH
   38  CATEGORY.
   39    (6) THE NUMBER OF NEW EMPLOYEES AND RETAINED EMPLOYEES  THE  APPLICANT
   40  STATED  IN ITS DEVELOPMENT ASSISTANCE AGREEMENT, IF ANY, IF NOT, THEN IN
   41  ITS APPLICATION, WOULD BE CREATED BY THE DEVELOPMENT  ASSISTANCE  BROKEN
   42  DOWN BY FULL-TIME, PERMANENT, PART-TIME, AND TEMPORARY.
   43    (7) A SWORN DECLARATION OF WHETHER THE RECIPIENT IS IN COMPLIANCE WITH
   44  THE DEVELOPMENT ASSISTANCE AGREEMENT.
   45    (8)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
   46  NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
   47  PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
   48  HIRES AND THE ACTUAL AVERAGE WAGE BY OCCUPATION  OR  JOB  CLASSIFICATION
   49  AND  TOTAL  PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT ASSIST-
   50  ANCE.
   51    (9) A NARRATIVE, IF NECESSARY, DESCRIBING HOW THE RECIPIENT'S  USE  OF
   52  THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS REDUCED EMPLOY-
   53  MENT AT ANY SITE IN NEW YORK.
   54    (10)  A  CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT OR HIS OR
   55  HER AUTHORIZED DESIGNEE THAT THE  INFORMATION  IN  THE  PROGRESS  REPORT
       S. 3109                             5
    1  CONTAINS  NO  KNOWING  MISREPRESENTATION  OF  MATERIAL  FACTS UPON WHICH
    2  ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
    3    (C)  THE  STATE  GRANTING BODY, OR A SUCCESSOR AGENCY, SHALL HAVE FULL
    4  AUTHORITY TO VERIFY INFORMATION CONTAINED IN  THE  RECIPIENT'S  PROGRESS
    5  REPORT, INCLUDING THE AUTHORITY TO INSPECT THE SPECIFIC PROJECT SITE AND
    6  INSPECT THE RECORDS OF THE RECIPIENT THAT ARE SUBJECT TO THE DEVELOPMENT
    7  ASSISTANCE AGREEMENT.
    8    (D)  BY  JUNE  FIRST, TWO THOUSAND SEVENTEEN AND BY JUNE FIRST OF EACH
    9  YEAR THEREAFTER, THE DEPARTMENT SHALL COMPILE AND PUBLISH  ALL  DATA  IN
   10  ALL OF THE PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORM.
   11    (E)  IF  A  RECIPIENT  OF  DEVELOPMENT ASSISTANCE FAILS TO COMPLY WITH
   12  PARAGRAPH (B) OF THIS SECTION, THE DEPARTMENT SHALL, WITHIN TWENTY WORK-
   13  ING DAYS AFTER THE REPORTING SUBMITTAL DEADLINES SET FORTH IN SUCH PARA-
   14  GRAPH (B), SUSPEND WITHIN THIRTY-THREE WORKING DAYS ANY CURRENT DEVELOP-
   15  MENT ASSISTANCE TO SUCH  RECIPIENT  UNDER  ITS  CONTROL,  AND  SHALL  BE
   16  PROHIBITED  FROM COMPLETING ANY CURRENT OR PROVIDING ANY FUTURE DEVELOP-
   17  MENT ASSISTANCE UNTIL IT RECEIVES PROOF THAT  SUCH  RECIPIENT  HAS  COME
   18  INTO COMPLIANCE WITH THE REQUIREMENTS OF PARAGRAPH (B) OF THIS SECTION.
   19    (F) THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY THE INFORMATION
   20  REQUIRED  IN  THE  PROGRESS  REPORT REQUIRED UNDER PARAGRAPH (B) OF THIS
   21  SECTION CONSISTENT WITH THE DISCLOSURE PURPOSE OF THIS SECTION  FOR  ANY
   22  GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO A RECIPIENT BUSINESS ORGAN-
   23  IZATION.
   24  S 1405. RECAPTURE.
   25    (A) ALL DEVELOPMENT ASSISTANCE AGREEMENTS SHALL CONTAIN, AT A MINIMUM,
   26  THE FOLLOWING RECAPTURE PROVISIONS:
   27    (1) THE RECIPIENT MUST (I) MAKE THE LEVEL OF CAPITAL INVESTMENT IN THE
   28  ECONOMIC  DEVELOPMENT  PROJECT  SPECIFIED  IN THE DEVELOPMENT ASSISTANCE
   29  AGREEMENT; (II) CREATE OR RETAIN, OR BOTH, THE REQUISITE NUMBER OF JOBS,
   30  PAYING NOT LESS THAN SPECIFIED WAGES FOR THE CREATED AND RETAINED  JOBS,
   31  WITHIN AND FOR THE DURATION OF THE TIME PERIOD SPECIFIED IN THE DEVELOP-
   32  MENT ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT.
   33    (2) IF THE RECIPIENT FAILS TO CREATE OR RETAIN THE REQUISITE NUMBER OF
   34  JOBS  WITHIN  AND  FOR  THE  TIME  PERIOD  SPECIFIED, IN THE DEVELOPMENT
   35  ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIP-
   36  IENT SHALL BE DEEMED TO NO LONGER QUALIFY FOR THE STATE ECONOMIC ASSIST-
   37  ANCE AND THE APPLICABLE RECAPTURE PROVISIONS SHALL TAKE EFFECT.
   38    (3) IF THE RECIPIENT RECEIVES STATE ECONOMIC ASSISTANCE IN THE FORM OF
   39  AN EMPIRE ZONE DESIGNATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
   40  MUNICIPAL LAW OR AN INDUSTRIAL DEVELOPMENT ZONE DESIGNATION PURSUANT  TO
   41  ARTICLE  EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW AND THE RECIPIENT FAILS
   42  TO CREATE OR RETAIN THE REQUISITE NUMBER OF JOBS, AS DETERMINED  BY  THE
   43  DEVELOPMENT  ASSISTANCE  AGREEMENT  WITHIN THE REQUISITE PERIOD OF TIME,
   44  THE RECIPIENT SHALL BE REQUIRED TO PAY TO THE STATE THE FULL  AMOUNT  OF
   45  THE  STATE  TAX  EXEMPTION  THAT  IT RECEIVED AS A RESULT OF SUCH DESIG-
   46  NATION.
   47    (4) IF THE RECIPIENT RECEIVES A GRANT OR LOAN PURSUANT  TO  AN  EMPIRE
   48  ZONE DESIGNATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL MUNICIPAL
   49  LAW  OR  AN  INDUSTRIAL DEVELOPMENT ZONE DESIGNATION PURSUANT TO ARTICLE
   50  EIGHTEEN-A OF THE GENERAL MUNICIPAL  LAW  AND  THE  RECIPIENT  FAILS  TO
   51  CREATE  OR  RETAIN  THE  REQUISITE NUMBER OF JOBS FOR THE REQUISITE TIME
   52  PERIOD, AS PROVIDED IN THE DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIPI-
   53  ENT SHALL BE REQUIRED TO REPAY TO THE STATE A PRO  RATA  AMOUNT  OF  THE
   54  GRANT;  THAT  AMOUNT  SHALL  REFLECT  THE  PERCENTAGE  OF THE DEFICIENCY
   55  BETWEEN THE REQUISITE NUMBER OF JOBS TO BE CREATED OR  RETAINED  BY  THE
   56  RECIPIENT AND THE ACTUAL NUMBER OF SUCH JOBS IN EXISTENCE AS OF THE DATE
       S. 3109                             6
    1  THE DEPARTMENT DETERMINES THE RECIPIENT IS IN BREACH OF THE JOB CREATION
    2  OR  RETENTION  COVENANTS  CONTAINED IN THE DEVELOPMENT ASSISTANCE AGREE-
    3  MENT. IF THE RECIPIENT OF DEVELOPMENT ASSISTANCE UNDER SUCH DESIGNATIONS
    4  CEASES OPERATIONS AT THE SPECIFIC PROJECT SITE DURING A FIVE YEAR PERIOD
    5  COMMENCING ON THE DATE OF ASSISTANCE, THE RECIPIENT SHALL BE REQUIRED TO
    6  REPAY  THE  ENTIRE AMOUNT OF THE GRANT OR TO ACCELERATE REPAYMENT OF THE
    7  LOAN BACK TO THE STATE.
    8    (5) IF THE RECIPIENT RECEIVES A TAX CREDIT UNDER ARTICLE EIGHTEEN-A OR
    9  EIGHTEEN-B OF THE GENERAL  MUNICIPAL  LAW,  THE  DEVELOPMENT  ASSISTANCE
   10  AGREEMENT  SHALL  PROVIDE  THAT  (I)  IF  THE  NUMBER OF NEW OR RETAINED
   11  EMPLOYEES FALLS BELOW THE REQUISITE NUMBER SET FORTH IN THE  DEVELOPMENT
   12  ASSISTANCE AGREEMENT, THE ALLOWANCE OF THE CREDIT SHALL BE AUTOMATICALLY
   13  SUSPENDED  UNTIL  THE  NUMBER  OF  NEW  AND RETAINED EMPLOYEES EQUALS OR
   14  EXCEEDS THE REQUISITE NUMBER IN THE  DEVELOPMENT  ASSISTANCE  AGREEMENT;
   15  (II)  IF  THE  RECIPIENT DISCONTINUES OPERATIONS AT THE SPECIFIC PROJECT
   16  SITE DURING THE FIRST FIVE YEARS OF THE TERM OF THE DEVELOPMENT  ASSIST-
   17  ANCE  AGREEMENT,  THE  RECIPIENT  SHALL FORFEIT ALL CREDITS TAKEN BY THE
   18  RECIPIENT DURING SUCH FIVE YEAR PERIOD; AND (III)  IN  THE  EVENT  OF  A
   19  REVOCATION  OR  SUSPENSION  OF THE CREDIT, THE DEPARTMENT SHALL INITIATE
   20  PROCEEDINGS AGAINST THE RECIPIENT TO RECOVER WRONGFULLY  EXEMPTED  STATE
   21  INCOME  TAXES  AND  THE RECIPIENT SHALL PROMPTLY REPAY TO THE DEPARTMENT
   22  ANY WRONGFULLY EXEMPTED STATE INCOME  TAXES.  THE  FORFEITED  AMOUNT  OF
   23  CREDITS  SHALL  BE  DEEMED ASSESSED ON THE DATE THE DEPARTMENT INITIATES
   24  PROCEEDINGS AGAINST SUCH RECIPIENT  AND  THE  RECIPIENT  SHALL  PROMPTLY
   25  REPAY TO THE DEPARTMENT ANY WRONGFULLY EXEMPTED STATE INCOME TAXES.
   26    (B)  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  MAY ELECT TO WAIVE
   27  ENFORCEMENT OF ANY CONTRACTUAL PROVISION ARISING OUT OF THE  DEVELOPMENT
   28  ASSISTANCE  AGREEMENT  REQUIRED  BY THIS ARTICLE BASED ON A FINDING THAT
   29  THE WAIVER IS NECESSARY TO AVERT AN IMMINENT AND  DEMONSTRABLE  HARDSHIP
   30  TO  THE  RECIPIENT  THAT  MAY  RESULT  IN SUCH RECIPIENT'S INSOLVENCY OR
   31  DISCHARGE OF WORKERS. IF A WAIVER IS GRANTED, THE RECIPIENT SHALL  AGREE
   32  TO  A  CONTRACTUAL  MODIFICATION, INCLUDING RECAPTURE PROVISIONS, TO THE
   33  DEVELOPMENT ASSISTANCE AGREEMENT. THE EXISTENCE OF  ANY  WAIVER  GRANTED
   34  PURSUANT  TO  PARAGRAPH (C) OF THIS SECTION, THE DATE OF THE GRANTING OF
   35  SUCH WAIVER, AND A BRIEF SUMMARY OF THE REASONS SUPPORTING THE  GRANTING
   36  OF SUCH WAIVER SHALL BE DISCLOSED CONSISTENT WITH THE PROVISIONS OF THIS
   37  SECTION.
   38    (C)  BEGINNING  JUNE FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT SHALL
   39  ANNUALLY COMPILE A REPORT ON THE OUTCOMES AND EFFECTIVENESS OF RECAPTURE
   40  PROVISIONS BY PROGRAM, INCLUDING BUT  NOT  LIMITED  TO:  (I)  THE  TOTAL
   41  NUMBER  OF  COMPANIES  THAT RECEIVE DEVELOPMENT ASSISTANCE AS DEFINED IN
   42  THIS ARTICLE; (II) THE TOTAL NUMBER OF RECIPIENTS IN VIOLATION OF DEVEL-
   43  OPMENT AGREEMENTS  WITH  THE  DEPARTMENT;  (III)  THE  TOTAL  NUMBER  OF
   44  COMPLETED  RECAPTURE EFFORTS; (IV) THE TOTAL NUMBER OF RECAPTURE EFFORTS
   45  INITIATED; AND (V) THE NUMBER OF WAIVERS GRANTED. SUCH REPORT  SHALL  BE
   46  DISCLOSED  CONSISTENT  WITH  THE  PROVISIONS OF SECTION FOURTEEN HUNDRED
   47  FOUR OF THIS ARTICLE.
   48    S 3. The public authorities law is amended by  adding  a  new  article
   49  10-E to read as follows:
   50                                 ARTICLE 10-E
   51                CORPORATE ACCOUNTABILITY FOR TAX EXPENDITURES
   52  SECTION 3980. DEFINITIONS.
   53          3981. UNIFIED ECONOMIC DEVELOPMENT BUDGET.
   54          3982. STANDARDIZED  APPLICATIONS  FOR  STATE DEVELOPMENT ASSIST-
   55                  ANCE.
   56          3983. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.
       S. 3109                             7
    1          3984. RECAPTURE.
    2    S 3980. DEFINITIONS. AS USED IN THIS ARTICLE:
    3    1.  "BASE YEARS" MEANS THE FIRST TWO COMPLETE CALENDAR YEARS FOLLOWING
    4  THE EFFECTIVE DATE OF A RECIPIENT RECEIVING DEVELOPMENT ASSISTANCE.
    5    2. "DATE OF ASSISTANCE" MEANS THE COMMENCEMENT DATE OF THE  ASSISTANCE
    6  AGREEMENT,  WHICH DATE TRIGGERS THE PERIOD DURING WHICH THE RECIPIENT IS
    7  OBLIGATED TO CREATE OR  RETAIN  JOBS  AND  CONTINUE  OPERATIONS  AT  THE
    8  SPECIFIC PROJECT SITE.
    9    3. "DEFAULT" MEANS THAT A RECIPIENT HAS NOT ACHIEVED ITS JOB CREATION,
   10  JOB  RETENTION,  OR  WAGE  OR  BENEFIT  GOALS, AS APPLICABLE, DURING THE
   11  PRESCRIBED PERIOD THEREFOR.
   12    4. "DEPARTMENT" MEANS, UNLESS OTHERWISE NOTED, THE DEPARTMENT OF TAXA-
   13  TION AND FINANCE OR ANY SUCCESSOR AGENCY.
   14    5. "DEVELOPMENT ASSISTANCE" MEANS (A) TAX CREDITS AND  TAX  EXEMPTIONS
   15  (OTHER  THAN  GIVEN UNDER TAX INCREMENT FINANCING) GIVEN AS AN INCENTIVE
   16  TO A RECIPIENT PUBLIC AUTHORITY PURSUANT TO AN INITIAL CERTIFICATION  OR
   17  AN  INITIAL  DESIGNATION MADE BY THE DEPARTMENT UNDER ARTICLE EIGHTEEN-A
   18  OR EIGHTEEN-B OF THE GENERAL MUNICIPAL LAW;
   19    (B) ALL SUCCESSOR AND SUBSEQUENT PROGRAMS AND TAX CREDITS DESIGNED  TO
   20  PROMOTE  LARGE BUSINESS RELOCATIONS AND EXPANSIONS. "DEVELOPMENT ASSIST-
   21  ANCE" DOES NOT INCLUDE  TAX  INCREMENT  FINANCING,  ASSISTANCE  PROVIDED
   22  UNDER  ARTICLE  EIGHTEEN-A  OR  EIGHTEEN-B  OF THE GENERAL MUNICIPAL LAW
   23  PURSUANT TO LOCAL ORDINANCE, PARTICIPATION LOANS,  OR  FINANCIAL  TRANS-
   24  ACTIONS  THROUGH  STATUTORILY  AUTHORIZED  FINANCIAL  INTERMEDIARIES  IN
   25  SUPPORT OF SMALL BUSINESS LOANS AND INVESTMENTS OR GIVEN  IN  CONNECTION
   26  WITH THE DEVELOPMENT OF AFFORDABLE HOUSING.
   27    6.  "DEVELOPMENT ASSISTANCE AGREEMENT" MEANS ANY AGREEMENT EXECUTED BY
   28  THE STATE GRANTING BODY AND THE RECIPIENT SETTING FORTH  THE  TERMS  AND
   29  CONDITIONS  OF  DEVELOPMENT  ASSISTANCE  TO BE PROVIDED TO THE RECIPIENT
   30  CONSISTENT  WITH  THE  FINAL  APPLICATION  FOR  DEVELOPMENT  ASSISTANCE,
   31  INCLUDING  BUT  NOT  LIMITED TO THE DATE OF ASSISTANCE, SUBMITTED TO AND
   32  APPROVED BY THE STATE GRANTING BODY.
   33    7. "FULL-TIME, PERMANENT JOB" MEANS A JOB IN WHICH  THE  NEW  EMPLOYEE
   34  WORKS  FOR  THE  RECIPIENT  AT  A RATE OF AT LEAST THIRTY-FIVE HOURS PER
   35  WEEK.
   36    8.  "NEW EMPLOYEE" MEANS A FULL-TIME, PERMANENT EMPLOYEE  WHO  REPRES-
   37  ENTS  A  NET  INCREASE IN THE NUMBER OF THE RECIPIENT'S EMPLOYEES STATE-
   38  WIDE. "NEW EMPLOYEE" INCLUDES AN EMPLOYEE WHO PREVIOUSLY  FILLED  A  NEW
   39  EMPLOYEE POSITION WITH THE RECIPIENT WHO WAS REHIRED OR CALLED BACK FROM
   40  A LAYOFF THAT OCCURS DURING OR FOLLOWING THE BASE YEARS.
   41    THE TERM "NEW EMPLOYEE" DOES NOT INCLUDE ANY OF THE FOLLOWING:
   42    (A) AN EMPLOYEE OF THE RECIPIENT WHO PERFORMS A JOB THAT WAS PREVIOUS-
   43  LY  PERFORMED  BY ANOTHER EMPLOYEE IN THIS STATE, IF THAT JOB EXISTED IN
   44  THIS STATE FOR AT LEAST SIX MONTHS BEFORE HIRING THE EMPLOYEE.
   45    (B) A CHILD, GRANDCHILD, PARENT, OR SPOUSE, OTHER THAN A SPOUSE WHO IS
   46  LEGALLY SEPARATED FROM THE INDIVIDUAL,  OF  ANY  INDIVIDUAL  WHO  HAS  A
   47  DIRECT  OR  INDIRECT  OWNERSHIP INTEREST OF AT LEAST FIVE PERCENT IN THE
   48  PROFITS, CAPITAL, OR VALUE OF ANY MEMBER OF THE RECIPIENT.
   49    9. "PART-TIME JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE WORKS FOR THE
   50  RECIPIENT AT A RATE OF LESS THAN THIRTY-FIVE HOURS PER WEEK.
   51    10. "RECIPIENT" MEANS ANY PUBLIC AUTHORITY CREATED  PURSUANT  TO  THIS
   52  CHAPTER  THAT  RECEIVES ECONOMIC DEVELOPMENT ASSISTANCE OR OTHER LEGALLY
   53  RECOGNIZED ENTITY OF SUCH A PUBLIC AUTHORITY.
   54    11. "RETAINED  EMPLOYEE"  MEANS  ANY  EMPLOYEE  DEFINED  AS  HAVING  A
   55  FULL-TIME  OR  FULL-TIME EQUIVALENT JOB PRESERVED AT A SPECIFIC FACILITY
   56  OR SITE, THE CONTINUANCE OF WHICH IS THREATENED BY A SPECIFIC AND DEMON-
       S. 3109                             8
    1  STRABLE THREAT, WHICH SHALL BE SPECIFIED IN THE APPLICATION FOR DEVELOP-
    2  MENT ASSISTANCE.
    3    12.  "SPECIFIC  PROJECT  SITE" MEANS THAT DISTINCT OPERATIONAL UNIT TO
    4  WHICH ANY DEVELOPMENT ASSISTANCE IS APPLIED.
    5    13. "STATE GRANTING  BODY"  MEANS  THE  DEPARTMENT,  ANY  OTHER  STATE
    6  DEPARTMENT OR STATE AGENCY THAT PROVIDES DEVELOPMENT ASSISTANCE THAT HAS
    7  REPORTING REQUIREMENTS UNDER THIS ARTICLE, AND ANY SUCCESSOR AGENCIES TO
    8  ANY OF THE PRECEDING.
    9    14. "TEMPORARY JOB" MEANS A JOB IN WHICH THE NEW EMPLOYEE IS HIRED FOR
   10  A SPECIFIC DURATION OF TIME OR SEASON.
   11    15. "VALUE OF ASSISTANCE" MEANS THE FACE VALUE OF ANY FORM OF DEVELOP-
   12  MENT ASSISTANCE.
   13    S 3981. UNIFIED ECONOMIC DEVELOPMENT BUDGET.  1. FOR EACH STATE FISCAL
   14  YEAR  ENDING  ON  OR  AFTER  JUNE  THIRTIETH,  TWO THOUSAND SIXTEEN, THE
   15  DEPARTMENT SHALL SUBMIT AN ANNUAL UNIFIED ECONOMIC DEVELOPMENT BUDGET TO
   16  THE GOVERNOR, SENATE AND  ASSEMBLY.  THE  UNIFIED  ECONOMIC  DEVELOPMENT
   17  BUDGET  SHALL  BE  DUE  WITHIN  THREE MONTHS AFTER THE END OF THE FISCAL
   18  YEAR, AND SHALL PRESENT ALL  TYPES  OF  DEVELOPMENT  ASSISTANCE  GRANTED
   19  DURING THE PRIOR FISCAL YEAR, INCLUDING:
   20    (A) THE AGGREGATE AMOUNT OF UNCOLLECTED OR DIVERTED STATE TAX REVENUES
   21  RESULTING  FROM EACH TYPE OF DEVELOPMENT ASSISTANCE PROVIDED PURSUANT TO
   22  LAW, AS REPORTED TO THE DEPARTMENT  ON  TAX  RETURNS  FILED  DURING  THE
   23  FISCAL YEAR.
   24    (B) ALL STATE DEVELOPMENT ASSISTANCE.
   25    2.  ALL  DATA  CONTAINED  IN  THE  UNIFIED ECONOMIC DEVELOPMENT BUDGET
   26  PRESENTED TO THE GOVERNOR, SENATE AND ASSEMBLY SHALL BE FULLY SUBJECT TO
   27  THE FREEDOM OF INFORMATION ACT.
   28    3. THE DEPARTMENT SHALL SUBMIT A REPORT OF THE  AMOUNTS  IN  PARAGRAPH
   29  (A)  OF  SUBDIVISION  ONE  OF  THIS SECTION TO THE DEPARTMENT, WHICH MAY
   30  APPEND SUCH REPORT TO THE UNIFIED  ECONOMIC  DEVELOPMENT  BUDGET  RATHER
   31  THAN SEPARATELY REPORTING SUCH AMOUNTS.
   32    S  3982.  STANDARDIZED  APPLICATIONS FOR STATE DEVELOPMENT ASSISTANCE.
   33  1. ALL FINAL APPLICATIONS SUBMITTED TO THE DEPARTMENT OR ANY OTHER STATE
   34  GRANTING BODY REQUESTING DEVELOPMENT  ASSISTANCE  SHALL  CONTAIN,  AT  A
   35  MINIMUM:
   36    (A)  AN APPLICATION TRACKING NUMBER THAT IS SPECIFIC TO BOTH THE STATE
   37  GRANTING AGENCY AND TO EACH APPLICATION.
   38    (B) THE OFFICE MAILING ADDRESS, OFFICE  TELEPHONE  NUMBER,  AND  CHIEF
   39  OFFICER OF THE GRANTING BODY.
   40    (C)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
   41  CHIEF OFFICER OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR  THE  SPECIFIC
   42  PROJECT SITE FOR WHICH DEVELOPMENT ASSISTANCE IS REQUESTED.
   43    (D)  THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
   44  SITE ON THE DATE THAT THE APPLICATION IS SUBMITTED TO THE STATE GRANTING
   45  BODY, INCLUDING THE NUMBER OF FULL-TIME, PERMANENT JOBS, THE  NUMBER  OF
   46  PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
   47    (E)  THE  TYPE OF DEVELOPMENT ASSISTANCE AND VALUE OF ASSISTANCE BEING
   48  REQUESTED.
   49    (F) THE NUMBER OF JOBS TO BE CREATED AND RETAINED OR BOTH CREATED  AND
   50  RETAINED  BY  THE  APPLICANT  AS A RESULT OF THE DEVELOPMENT ASSISTANCE,
   51  INCLUDING THE  NUMBER  OF  FULL-TIME,  PERMANENT  JOBS,  THE  NUMBER  OF
   52  PART-TIME JOBS, AND THE NUMBER OF TEMPORARY JOBS.
   53    (G)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
   54  NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
   55  PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
   56  HIRES AND THE ANTICIPATED AVERAGE WAGE BY OCCUPATION OR JOB  CLASSIFICA-
       S. 3109                             9
    1  TION  AND  TOTAL  PAYROLL  TO  BE CREATED AS A RESULT OF THE DEVELOPMENT
    2  ASSISTANCE.
    3    (H)  A  LIST  OF  ALL  OTHER  FORMS OF DEVELOPMENT ASSISTANCE THAT THE
    4  APPLICANT IS REQUESTING FOR THE SPECIFIC PROJECT SITE AND  THE  NAME  OF
    5  EACH STATE GRANTING BODY FROM WHICH THAT DEVELOPMENT ASSISTANCE IS BEING
    6  REQUESTED.
    7    (I)  A NARRATIVE, IF NECESSARY, DESCRIBING WHY THE DEVELOPMENT ASSIST-
    8  ANCE IS NEEDED AND HOW THE APPLICANT'S USE OF THE DEVELOPMENT ASSISTANCE
    9  MAY REDUCE EMPLOYMENT AT ANY SITE IN NEW YORK.
   10    (J) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT  OR  HIS  OR
   11  HER  AUTHORIZED  DESIGNEE THAT THE INFORMATION CONTAINED IN THE APPLICA-
   12  TION SUBMITTED TO THE GRANTING BODY  CONTAINS  NO  KNOWING  MISREPRESEN-
   13  TATION  OF MATERIAL FACTS UPON WHICH ELIGIBILITY FOR DEVELOPMENT ASSIST-
   14  ANCE IS BASED.
   15    2. EVERY STATE GRANTING BODY EITHER SHALL COMPLETE, OR  SHALL  REQUIRE
   16  THE  APPLICANT  TO  COMPLETE, AN APPLICATION FORM THAT MEETS THE MINIMUM
   17  REQUIREMENTS AS PRESCRIBED  IN  THIS  SECTION  EACH  TIME  AN  APPLICANT
   18  APPLIES FOR DEVELOPMENT ASSISTANCE COVERED BY THIS ARTICLE.
   19    3. THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY ANY STANDARDIZED
   20  APPLICATION  FOR STATE DEVELOPMENT ASSISTANCE REQUIRED UNDER SUBDIVISION
   21  ONE OF THIS SECTION FOR ANY GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO
   22  A RECIPIENT PUBLIC AUTHORITY.
   23    S 3983. STATE DEVELOPMENT ASSISTANCE DISCLOSURE.  1. BEGINNING  FEBRU-
   24  ARY  FIRST, TWO THOUSAND SEVENTEEN AND EACH YEAR THEREAFTER, EVERY STATE
   25  GRANTING BODY SHALL SUBMIT TO THE DEPARTMENT COPIES OF  ALL  DEVELOPMENT
   26  ASSISTANCE AGREEMENTS THAT IT APPROVED IN THE PRIOR CALENDAR YEAR.
   27    2.  FOR  EACH  DEVELOPMENT  ASSISTANCE AGREEMENT FOR WHICH THE DATE OF
   28  ASSISTANCE HAS OCCURRED IN THE PRIOR CALENDAR YEAR, EACH RECIPIENT SHALL
   29  SUBMIT TO THE DEPARTMENT A PROGRESS REPORT THAT SHALL INCLUDE,  BUT  NOT
   30  BE LIMITED TO, THE FOLLOWING:
   31    (A) THE APPLICATION TRACKING NUMBER.
   32    (B)  THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF THE
   33  CHIEF OFFICER OF THE GRANTING BODY.
   34    (C) THE OFFICE MAILING ADDRESS, TELEPHONE NUMBER, AND THE NAME OF  THE
   35  CHIEF  OFFICER  OF THE APPLICANT OR AUTHORIZED DESIGNEE FOR THE SPECIFIC
   36  PROJECT SITE FOR WHICH THE DEVELOPMENT ASSISTANCE WAS  APPROVED  BY  THE
   37  STATE GRANTING BODY.
   38    (D) THE TYPE OF DEVELOPMENT ASSISTANCE PROGRAM AND VALUE OF ASSISTANCE
   39  THAT WAS APPROVED BY THE STATE GRANTING BODY.
   40    (E)  THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC PROJECT
   41  SITE ON THE DATE THAT THE APPLICATION WAS SUBMITTED TO THE STATE  GRANT-
   42  ING  BODY  AND THE APPLICANT'S TOTAL NUMBER OF EMPLOYEES AT THE SPECIFIC
   43  PROJECT SITE ON  THE  DATE  OF  THE  REPORT,  INCLUDING  THE  NUMBER  OF
   44  FULL-TIME,  PERMANENT JOBS, THE NUMBER OF PART-TIME JOBS, AND THE NUMBER
   45  OF TEMPORARY JOBS, AND A COMPUTATION OF THE GAIN OR LOSS OF JOBS IN EACH
   46  CATEGORY.
   47    (F) THE NUMBER OF NEW EMPLOYEES AND RETAINED EMPLOYEES  THE  APPLICANT
   48  STATED  IN ITS DEVELOPMENT ASSISTANCE AGREEMENT, IF ANY, IF NOT, THEN IN
   49  ITS APPLICATION, WOULD BE CREATED BY THE DEVELOPMENT  ASSISTANCE  BROKEN
   50  DOWN BY FULL-TIME, PERMANENT, PART-TIME, AND TEMPORARY.
   51    (G) A SWORN DECLARATION OF WHETHER THE RECIPIENT IS IN COMPLIANCE WITH
   52  THE DEVELOPMENT ASSISTANCE AGREEMENT.
   53    (H)  A  DETAILED  LIST  OF  THE  OCCUPATION OR JOB CLASSIFICATIONS AND
   54  NUMBER OF NEW EMPLOYEES OR RETAINED EMPLOYEES TO BE HIRED IN  FULL-TIME,
   55  PERMANENT  JOBS,  A  SCHEDULE  OF  ANTICIPATED STARTING DATES OF THE NEW
   56  HIRES AND THE ACTUAL AVERAGE WAGE BY OCCUPATION  OR  JOB  CLASSIFICATION
       S. 3109                            10
    1  AND  TOTAL  PAYROLL TO BE CREATED AS A RESULT OF THE DEVELOPMENT ASSIST-
    2  ANCE.
    3    (I)  A  NARRATIVE, IF NECESSARY, DESCRIBING HOW THE RECIPIENT'S USE OF
    4  THE DEVELOPMENT ASSISTANCE DURING THE REPORTING YEAR HAS REDUCED EMPLOY-
    5  MENT AT ANY SITE IN NEW YORK.
    6    (J) A CERTIFICATION BY THE CHIEF OFFICER OF THE APPLICANT  OR  HIS  OR
    7  HER  AUTHORIZED  DESIGNEE  THAT  THE  INFORMATION IN THE PROGRESS REPORT
    8  CONTAINS NO KNOWING  MISREPRESENTATION  OF  MATERIAL  FACTS  UPON  WHICH
    9  ELIGIBILITY FOR DEVELOPMENT ASSISTANCE IS BASED.
   10    3.  THE  STATE  GRANTING  BODY, OR A SUCCESSOR AGENCY, SHALL HAVE FULL
   11  AUTHORITY TO VERIFY INFORMATION CONTAINED IN  THE  RECIPIENT'S  PROGRESS
   12  REPORT, INCLUDING THE AUTHORITY TO INSPECT THE SPECIFIC PROJECT SITE AND
   13  INSPECT THE RECORDS OF THE RECIPIENT THAT ARE SUBJECT TO THE DEVELOPMENT
   14  ASSISTANCE AGREEMENT.
   15    4.  BY  JUNE  FIRST,  TWO THOUSAND SEVENTEEN AND BY JUNE FIRST OF EACH
   16  YEAR THEREAFTER, THE DEPARTMENT SHALL COMPILE AND PUBLISH  ALL  DATA  IN
   17  ALL OF THE PROGRESS REPORTS IN BOTH WRITTEN AND ELECTRONIC FORM.
   18    5.  IF  A  RECIPIENT  OF  DEVELOPMENT  ASSISTANCE FAILS TO COMPLY WITH
   19  SUBDIVISION TWO OF THIS SECTION, THE  DEPARTMENT  SHALL,  WITHIN  TWENTY
   20  WORKING  DAYS  AFTER THE REPORTING SUBMITTAL DEADLINES SET FORTH IN SUCH
   21  SUBDIVISION TWO, SUSPEND WITHIN THIRTY-THREE WORKING  DAYS  ANY  CURRENT
   22  DEVELOPMENT ASSISTANCE TO SUCH RECIPIENT UNDER ITS CONTROL, AND SHALL BE
   23  PROHIBITED  FROM COMPLETING ANY CURRENT OR PROVIDING ANY FUTURE DEVELOP-
   24  MENT ASSISTANCE UNTIL IT RECEIVES PROOF THAT  SUCH  RECIPIENT  HAS  COME
   25  INTO  COMPLIANCE  WITH  THE  REQUIREMENTS  OF  SUBDIVISION  TWO  OF THIS
   26  SECTION.
   27    6. THE DEPARTMENT SHALL HAVE THE DISCRETION TO MODIFY THE  INFORMATION
   28  REQUIRED  IN  THE PROGRESS REPORT REQUIRED UNDER SUBDIVISION TWO OF THIS
   29  SECTION CONSISTENT WITH THE DISCLOSURE PURPOSE OF THIS SECTION  FOR  ANY
   30  GRANTS THAT ARE NOT GIVEN AS AN INCENTIVE TO A RECIPIENT PUBLIC AUTHORI-
   31  TY.
   32    S  3984.  RECAPTURE.    1. ALL DEVELOPMENT ASSISTANCE AGREEMENTS SHALL
   33  CONTAIN, AT A MINIMUM, THE FOLLOWING RECAPTURE PROVISIONS:
   34    (A) THE RECIPIENT MUST (I) MAKE THE LEVEL OF CAPITAL INVESTMENT IN THE
   35  ECONOMIC DEVELOPMENT PROJECT SPECIFIED  IN  THE  DEVELOPMENT  ASSISTANCE
   36  AGREEMENT; (II) CREATE OR RETAIN, OR BOTH, THE REQUISITE NUMBER OF JOBS,
   37  PAYING  NOT LESS THAN SPECIFIED WAGES FOR THE CREATED AND RETAINED JOBS,
   38  WITHIN AND FOR THE DURATION OF THE TIME PERIOD SPECIFIED IN THE DEVELOP-
   39  MENT ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT.
   40    (B) IF THE RECIPIENT FAILS TO CREATE OR RETAIN THE REQUISITE NUMBER OF
   41  JOBS WITHIN AND FOR  THE  TIME  PERIOD  SPECIFIED,  IN  THE  DEVELOPMENT
   42  ASSISTANCE PROGRAMS AND THE DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIP-
   43  IENT SHALL BE DEEMED TO NO LONGER QUALIFY FOR THE STATE ECONOMIC ASSIST-
   44  ANCE AND THE APPLICABLE RECAPTURE PROVISIONS SHALL TAKE EFFECT.
   45    (C) IF THE RECIPIENT RECEIVES STATE ECONOMIC ASSISTANCE IN THE FORM OF
   46  AN EMPIRE ZONE DESIGNATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
   47  MUNICIPAL  LAW OR AN INDUSTRIAL DEVELOPMENT ZONE DESIGNATION PURSUANT TO
   48  ARTICLE EIGHTEEN-A OF THE GENERAL MUNICIPAL LAW AND THE RECIPIENT  FAILS
   49  TO  CREATE  OR RETAIN THE REQUISITE NUMBER OF JOBS, AS DETERMINED BY THE
   50  DEVELOPMENT ASSISTANCE AGREEMENT WITHIN THE REQUISITE  PERIOD  OF  TIME,
   51  THE  RECIPIENT  SHALL BE REQUIRED TO PAY TO THE STATE THE FULL AMOUNT OF
   52  THE STATE TAX EXEMPTION THAT IT RECEIVED AS  A  RESULT  OF  SUCH  DESIG-
   53  NATION.
   54    (D)  IF  THE  RECIPIENT RECEIVES A GRANT OR LOAN PURSUANT TO AN EMPIRE
   55  ZONE DESIGNATION PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL MUNICIPAL
   56  LAW OR AN INDUSTRIAL DEVELOPMENT ZONE DESIGNATION  PURSUANT  TO  ARTICLE
       S. 3109                            11
    1  EIGHTEEN-A  OF  THE  GENERAL  MUNICIPAL  LAW  AND THE RECIPIENT FAILS TO
    2  CREATE OR RETAIN THE REQUISITE NUMBER OF JOBS  FOR  THE  REQUISITE  TIME
    3  PERIOD, AS PROVIDED IN THE DEVELOPMENT ASSISTANCE AGREEMENT, THE RECIPI-
    4  ENT  SHALL  BE  REQUIRED  TO REPAY TO THE STATE A PRO RATA AMOUNT OF THE
    5  GRANT; THAT AMOUNT  SHALL  REFLECT  THE  PERCENTAGE  OF  THE  DEFICIENCY
    6  BETWEEN  THE  REQUISITE  NUMBER OF JOBS TO BE CREATED OR RETAINED BY THE
    7  RECIPIENT AND THE ACTUAL NUMBER OF SUCH JOBS IN EXISTENCE AS OF THE DATE
    8  THE DEPARTMENT DETERMINES THE RECIPIENT IS IN BREACH OF THE JOB CREATION
    9  OR RETENTION COVENANTS CONTAINED IN THE  DEVELOPMENT  ASSISTANCE  AGREE-
   10  MENT. IF THE RECIPIENT OF DEVELOPMENT ASSISTANCE UNDER SUCH DESIGNATIONS
   11  CEASES OPERATIONS AT THE SPECIFIC PROJECT SITE DURING A FIVE YEAR PERIOD
   12  COMMENCING ON THE DATE OF ASSISTANCE, THE RECIPIENT SHALL BE REQUIRED TO
   13  REPAY  THE  ENTIRE AMOUNT OF THE GRANT OR TO ACCELERATE REPAYMENT OF THE
   14  LOAN BACK TO THE STATE.
   15    (E) IF THE RECIPIENT RECEIVES A TAX CREDIT UNDER ARTICLE EIGHTEEN-A OR
   16  EIGHTEEN-B OF THE GENERAL  MUNICIPAL  LAW,  THE  DEVELOPMENT  ASSISTANCE
   17  AGREEMENT  SHALL  PROVIDE  THAT  (I)  IF  THE  NUMBER OF NEW OR RETAINED
   18  EMPLOYEES FALLS BELOW THE REQUISITE NUMBER SET FORTH IN THE  DEVELOPMENT
   19  ASSISTANCE AGREEMENT, THE ALLOWANCE OF THE CREDIT SHALL BE AUTOMATICALLY
   20  SUSPENDED  UNTIL  THE  NUMBER  OF  NEW  AND RETAINED EMPLOYEES EQUALS OR
   21  EXCEEDS THE REQUISITE NUMBER IN THE  DEVELOPMENT  ASSISTANCE  AGREEMENT;
   22  (II)  IF  THE  RECIPIENT DISCONTINUES OPERATIONS AT THE SPECIFIC PROJECT
   23  SITE DURING THE FIRST FIVE YEARS OF THE TERM OF THE DEVELOPMENT  ASSIST-
   24  ANCE  AGREEMENT,  THE  RECIPIENT  SHALL FORFEIT ALL CREDITS TAKEN BY THE
   25  RECIPIENT DURING SUCH FIVE YEAR PERIOD; AND (III)  IN  THE  EVENT  OF  A
   26  REVOCATION  OR  SUSPENSION  OF THE CREDIT, THE DEPARTMENT SHALL INITIATE
   27  PROCEEDINGS AGAINST THE RECIPIENT TO RECOVER WRONGFULLY  EXEMPTED  STATE
   28  INCOME  TAXES  AND  THE RECIPIENT SHALL PROMPTLY REPAY TO THE DEPARTMENT
   29  ANY WRONGFULLY EXEMPTED STATE INCOME  TAXES.  THE  FORFEITED  AMOUNT  OF
   30  CREDITS  SHALL  BE  DEEMED ASSESSED ON THE DATE THE DEPARTMENT INITIATES
   31  PROCEEDINGS AGAINST SUCH RECIPIENT  AND  THE  RECIPIENT  SHALL  PROMPTLY
   32  REPAY TO THE DEPARTMENT ANY WRONGFULLY EXEMPTED STATE INCOME TAXES.
   33    2.  THE  COMMISSIONER  OF  TAXATION  AND  FINANCE  MAY  ELECT TO WAIVE
   34  ENFORCEMENT OF ANY CONTRACTUAL PROVISION ARISING OUT OF THE  DEVELOPMENT
   35  ASSISTANCE  AGREEMENT  REQUIRED  BY THIS ARTICLE BASED ON A FINDING THAT
   36  THE WAIVER IS NECESSARY TO AVERT AN IMMINENT AND  DEMONSTRABLE  HARDSHIP
   37  TO  THE  RECIPIENT  THAT  MAY  RESULT  IN SUCH RECIPIENT'S INSOLVENCY OR
   38  DISCHARGE OF WORKERS. IF A WAIVER IS GRANTED, THE RECIPIENT SHALL  AGREE
   39  TO  A  CONTRACTUAL  MODIFICATION, INCLUDING RECAPTURE PROVISIONS, TO THE
   40  DEVELOPMENT ASSISTANCE AGREEMENT. THE EXISTENCE OF  ANY  WAIVER  GRANTED
   41  PURSUANT  TO SUBDIVISION THREE OF THIS SECTION, THE DATE OF THE GRANTING
   42  OF SUCH WAIVER, AND A BRIEF SUMMARY OF THE REASONS SUPPORTING THE GRANT-
   43  ING OF SUCH WAIVER SHALL BE DISCLOSED CONSISTENT WITH THE PROVISIONS  OF
   44  THIS SECTION.
   45    3.  BEGINNING  JUNE  FIRST, TWO THOUSAND SIXTEEN, THE DEPARTMENT SHALL
   46  ANNUALLY COMPILE A REPORT ON THE OUTCOMES AND EFFECTIVENESS OF RECAPTURE
   47  PROVISIONS BY PROGRAM, INCLUDING BUT  NOT  LIMITED  TO:  (A)  THE  TOTAL
   48  NUMBER  OF AUTHORITIES THAT RECEIVE DEVELOPMENT ASSISTANCE AS DEFINED IN
   49  THIS ARTICLE; (B) THE TOTAL NUMBER OF RECIPIENTS IN VIOLATION OF  DEVEL-
   50  OPMENT AGREEMENTS WITH THE DEPARTMENT; (C) THE TOTAL NUMBER OF COMPLETED
   51  RECAPTURE  EFFORTS; (D) THE TOTAL NUMBER OF RECAPTURE EFFORTS INITIATED;
   52  AND (E) THE NUMBER OF WAIVERS GRANTED. SUCH REPORT  SHALL  BE  DISCLOSED
   53  CONSISTENT   WITH   THE   PROVISIONS   OF  SECTION  THIRTY-NINE  HUNDRED
   54  EIGHTY-THREE OF THIS ARTICLE.
   55    S 4. This act shall take effect on the one hundred twentieth day after
   56  it shall have become a law and shall apply to contracts  and  agreements
       S. 3109                            12
    1  entered  into  on  or after such effective date.  Effective immediately,
    2  the addition, amendment and/or repeal of any rule or  regulation  neces-
    3  sary for the implementation of this act on its effective date is author-
    4  ized to be made on or before such effective date.