Section 58 - [Multiple versions] Reporting1. Definitions. For the purposes of this section, the following terms shall have the following meanings: (a) "Economic development benefits" shall mean: (i) available state funds including, but not limited to, state grants, loans, loan guarantees, loan interest subsidies, and subsidies; and(ii) tax credits, tax exemptions, reduced tax rates or other tax incentives which are applied for and preapproved or certified by a state agency.(a-1) "Empire state economic development benefits" shall mean those economic development benefits made available to the urban development corporation or the department of economic development to award such benefits to qualified recipients.(a-2) "Additional state benefits for empire state development projects" shall mean those benefits provided by other state agencies for the same project receiving empire state economic development benefits.(a-3) "Other state agency economic development benefits" shall mean those economic development benefits made available to a state agency to award such benefits to qualified recipients for economic development projects, provided such information regarding such awards is required to be submitted to the urban development corporation or the department of economic development per subdivision 6 of this section.(a-4) "Aggregate economic development benefits" shall mean those benefits provided for in paragraphs (a-1), (a-2) and (a-3) of this subdivision and displayed separately in the database created pursuant to subdivision 2 of this section.(b) "Qualified participant" shall mean an individual, business, limited liability corporation or any other entity that has applied for and received benefits as defined in paragraphs (a-1) through (a-4) of this subdivision.(c) "State agency" shall mean any state department, board, bureau, division, commission, committee, state authority, public corporation, council, office or other state governmental entity performing a governmental or proprietary function for the state, as well as entities created by any of the preceding or that are governed by a board of directors or similar body with a majority of members designated by one or more state officials;(d) "Full-time equivalent" shall mean a unit of measure which is equal to one filled, full-time, annual-salaried position.(e) "Project hires" shall mean a job in which an individual is hired for a season or for a limited period of time.(f) "Part-time job" shall mean a job in which an individual is employed by a qualified participant for less than thirty-five hours a week.2. Notwithstanding any laws to the contrary, the corporation, in cooperation with the department of economic development, shall create a searchable database, or modify an existing one, displaying empire state economic development benefits that a qualified participant has been awarded. Such database shall also display additional state agency benefits that a qualified participant has been awarded in connection with an empire state development project such qualified participant has received. Such database shall also display other state agency economic development benefits that a qualified participant has been awarded, to the extent that such data has been made available to and is received by the corporation in the form and manner prescribed by the corporation.3. Data related to paragraphs (a-2) and (a-3) of subdivision 1 of this section shall be analyzed for quality and accuracy by the agency or authority providing such funding to qualified recipients and managing the contracts related thereto. Upon submission of such other state agency economic development benefit data to the corporation for inclusion in the database, all awarding agencies and authorities shall certify to the corporation that each field of project data accurately summarizes economic development project investments made by the other agency or authority. Such searchable database shall include, at a minimum, the following features and functionality to the extent practicable: (a) the ability to search the database by each of the reported information fields;(b) the ability to be searchable, downloadable, and updated quarterly, and posted on a New York state maintained website as well as referenced on the empire state development website, with a direct link to the database;(c) for projects started on or after January 1, 2018, the following information shall be included: (i) a qualified participant's name and project, project location, the project's complete address, including the postal code in a separate and searchable field, and the economic region of the state;(ii) the time span over which a qualified participant is to receive or has received aggregate economic development benefits;(iii) the type of such aggregate economic development benefits provided to a qualified participant, including the name of the program or programs through which aggregate economic development benefits are provided, and details as to whether such programs are grants or tax credit programs as a separate and searchable field. Such data shall be provided for other state agency benefits, to the extent practicable, and such requirement shall be applied to contracts initiated six months after the effective date of this section;(iv) the total number of employees at all sites utilizing such aggregate economic development benefits at the time of the agreement, including the number of full-time equivalents, provided that any project hires or part-time jobs converted to full-time equivalents shall be displayed in separate fields and denoted as such, to the extent practicable, and such requirements shall be applied to contracts initiated six months after the effective date of this section;(v) for any aggregate economic development benefit that provides for job retention or job creation that a qualified participant is receiving, the total job creation commitments, job retention commitments, job creation actual number, and the job retention actual number, displayed in terms of full-time equivalents and part-time jobs, shall each be displayed as separate and searchable fields;(vi) the amount of aggregate economic development benefits received by a qualified participant to date;(vii) for all projects associated with utilization goals related to minority and women-owned businesses, per article 15-A of the executive law, such goals and progress towards such goals shall be included to the extent practicable, and such requirement shall be applied to contracts initiated twelve months after the effective date of this section;(viii) the total public-private investment made to the project, total state funding received by a project, and project status;(ix) details related to individual project compliance indicating whether, during the current reporting quarter, the corporation or other entity managing the award has reduced, cancelled, or recaptured aggregate economic development benefits from a qualified participant, and, if so, the total amount of the reduction, cancellation, or recapture. Separately, a notation of penalties assessed shall be displayed in a separate and searchable field, as well as the reasons therefor in another separate and searchable field;(x) the ability to digitally select defined individual fields corresponding to any of the reported information from qualified participants to create unique database views;(xi) the ability to download the database in its entirety, or in part, in a common machine readable format;(xii) a definition or description of terms for fields in the database;(xiii) a summary of each aggregate economic development benefit awarded to qualified participants;(xiv) a user-friendly guide to outline the features and functionality of the database; and(xv) a dedicated email account for the public to direct questions related to the database.4. Upon request the corporation shall provide, or direct to a source providing, in an electronically accessible and downloadable form, any contracts or award agreements for projects included in paragraphs (a-1), (a-2), or (a-3) of subdivision 1 of this section, to the extent such contracts or award agreements are available to the public pursuant to article 6 of the public officers law. Provided however that only contract documents and award agreements related to projects defined in paragraph (a-1) of subdivision 1 of this section shall be shared by the corporation, and all contract documents and award agreements related to projects defined in paragraphs (a-2) and (a-3) of subdivision 1 of this section shall be shared, upon request, by the agency or authority holding and managing such contract;5. The corporation may request any data from qualified participants which is necessary and required in developing, updating, and maintaining the searchable database. Such qualified participants shall provide any such information requested by the corporation.6. The corporation shall prescribe the form and manner in which a state agency or authority awarding other state agency economic development benefits shall submit information and data regarding other state agency benefits as required for developing, updating, and maintaining the database and publish guidelines as needed to facilitate receipt of such data to comply with the provisions of this section, including the submission provisions included in subdivision 3 of this section. The corporation, to the extent practicable, shall note on the database where a state agency or authority failed to submit the required data.N.Y. Urban Development Corporation Act Law § 58
Added by New York Laws 2022, ch. 58,Sec. NNN-1, eff. 4/9/2022.