Bill Text: NY S02637 | 2019-2020 | General Assembly | Introduced
Bill Title: Makes various provisions to reform local development corporations and industrial development agencies: conflicts of interest, standard tax exemption policies, municipal input, more information to be made public, economic impact statements, public hearings, and payment of prevailing wages.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CORPORATIONS, AUTHORITIES AND COMMISSIONS [S02637 Detail]
Download: New_York-2019-S02637-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2637 2019-2020 Regular Sessions IN SENATE January 28, 2019 ___________ Introduced by Sen. KRUEGER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the not-for-profit corporation law and the general municipal law, in relation to reforming local development corporations and industrial development agencies The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subparagraphs 2 and 3 of paragraph (d) of section 1411 of 2 the not-for-profit corporation law are amended and a new subparagraph 3 2-a is added to read as follows: 4 (2) Notwithstanding the provisions of any general, special, or local 5 law, charter, or ordinance to the contrary, such sale or lease [may] 6 shall be made [without] with an appraisal, public notice, (except as 7 provided in subparagraph (4) of this paragraph) [or] and subject to 8 public bidding for such price or rental [and upon such terms as may be9agreed upon between the county, city, town or village and said local10development corporation; provided, however, that in]. In case of a 11 lease, the term may not exceed ninety-nine years; and provided, further, 12 that, in cities having a population of one million or more, no such sale 13 or lease shall be made without the approval of a majority of the members 14 of the [borough improvement board of the borough] community board or 15 boards for the community district or districts in which such real prop- 16 erty is located and the respective borough board, if such real property 17 is located in two or more community districts. 18 (2-a) (I) The corporation shall prepare or cause to be prepared, by 19 contract or otherwise, an economic impact statement on any action that 20 it proposes or approves which may have a significant effect on the 21 affected local economy and local community. The corporation shall use 22 all practicable means to realize the policies and goals set forth in 23 this section, and shall act and choose alternatives which, consistent EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06613-01-9S. 2637 2 1 with social, economic, environmental, labor, and other essential consid- 2 erations, to the maximum extent practicable, minimize or avoid adverse 3 economic effects, including effects revealed in the economic impact 4 statement process. Such a statement shall include a detailed statement 5 setting forth the following: 6 (A) a description of the proposed action and its economic and social 7 setting; 8 (B) the economic and social impact of the proposed action, including 9 short-term and long-term effects, especially to the affected community; 10 (C) any adverse economic effects which cannot be avoided should the 11 proposal be implemented; 12 (D) alternatives to the proposed action; 13 (E) any irreversible and irretrievable commitments and social 14 resources which would be involved in the proposed action, should it be 15 implemented; 16 (F) mitigation measures proposed to minimize the economic, social, or 17 other essential impacts; and 18 (G) the growth-inducing aspects of the proposed action, where applica- 19 ble and significant. Such a statement shall also include copies or a 20 summary of the substantive comments received by the corporation pursuant 21 to clause (IV) of this subparagraph and the corporation's response to 22 such comments. The purpose of an economic impact statement is to provide 23 detailed information about the effect which a proposed action is likely 24 to have on the economy, employment conditions, and social character- 25 istics of a community, to list ways in which any adverse effects of such 26 an action might be minimized, and to suggest alternatives to such an 27 action so as to form the basis for a decision as to whether or not to 28 undertake or approve such action. Such statement shall be clearly writ- 29 ten in a concise manner capable of being read and understood by the 30 public, shall deal with the specific, significant economic impacts which 31 can be reasonably anticipated, and shall not contain more detail than is 32 appropriate, considering the nature and magnitude of the proposed action 33 and the significance of its potential impacts. 34 (II) The corporation may require an applicant to submit an economic 35 report to assist the corporation in carrying out its responsibilities, 36 including the initial determination and, (where the applicant does not 37 prepare the economic impact statement), the preparation of an economic 38 impact statement under this subparagraph. The corporation may request 39 such other information from an applicant as it deems necessary for the 40 review of economic and social impacts. Notwithstanding any use of 41 outside resources or work, corporations shall make their own independent 42 judgment of the scope, contents, and adequacy of an economic impact 43 statement. 44 (III) (A) As early as possible in the formulation of a proposal for an 45 action, the corporation shall make an initial determination as to wheth- 46 er or not an economic impact statement need be prepared for the action. 47 With respect to actions involving the issuance to an applicant of a 48 permit or other entitlement, the corporation shall notify the applicant 49 in writing of its initial determination, specifying therein the basis 50 for such determination. Notice of the initial determination, along with 51 appropriate supporting findings on corporation actions, shall be kept on 52 file in the main office of the corporation for public inspection. If the 53 corporation determines that such statement is required, the corporation 54 or the applicant, at the applicant's option, shall prepare or cause to 55 be prepared a draft economic impact statement. If the applicant does 56 not exercise the option to prepare such statement, the corporation shallS. 2637 3 1 prepare it, cause it to be prepared, or terminate its review of the 2 proposed action. Such statement shall describe the proposed action and 3 reasonable alternatives to the action, and briefly discuss, on the basis 4 of information then available, the remaining items required to be 5 submitted by clause (I) of this subparagraph. The purpose of a draft 6 economic statement is to relate economic and social considerations to 7 the inception of the planning process, to inform the public and other 8 public agencies as early as possible about proposed actions that may 9 significantly affect the quality of the economic and social conditions, 10 and to solicit comments which will assist the corporation in the deci- 11 sion making process in determining the economic and social consequences 12 of the proposed action. The draft statement shall resemble in form and 13 content the economic impact statement to be prepared after comments have 14 been received and considered pursuant to clause (I) of this subpara- 15 graph; provided, however, that the length and detail of the draft 16 economic statement will necessarily reflect the preliminary nature of 17 the proposal and the early stage at which it is prepared; 18 (B) The draft statement shall be filed with the appropriate governing 19 body of each municipality or political subdivision thereof for whose 20 benefit such corporation is established. 21 (IV) (A) After the filing of a draft economic impact statement, the 22 corporation shall determine whether or not to conduct a public hearing 23 on the economic impact of the proposed action. Such public hearing shall 24 be held in a city, town or village where the project is proposed to be 25 located or, in cities having a population of one million or more, in the 26 community district or districts in which such project is proposed to be 27 located or in the respective borough, if such project is proposed to be 28 located in two or more community districts. The corporation must give 29 at least thirty days' published notice of such public hearing and shall, 30 at the same time, provide notice of such hearing to the chief executive 31 officer of each affected tax jurisdiction within which the project is 32 proposed to be located. The notice of hearing must state the time and 33 place of the hearing, contain a general, functional description of the 34 project, describe the prospective location of the project, identify the 35 initial owner, operator, or manager of the project, generally describe 36 the financial assistance contemplated by the corporation with respect to 37 the project, and provide an opportunity for the public to review the 38 project application, which shall include an analysis of the costs and 39 benefits of the proposed project. The notice of hearing must be 40 published in the state register and the website of the corporation. 41 (B) If the corporation determines to hold such a hearing, it shall 42 commence the hearing within sixty days of the filing and, unless the 43 proposed action is withdrawn from consideration, shall prepare the 44 economic impact statement within forty-five days after the close of the 45 hearing, except as otherwise provided. The need for such a hearing shall 46 be determined in accordance with procedures adopted by the corporation. 47 If no hearing is held, the corporation shall prepare and make available 48 the economic impact statement within sixty days after the filing of the 49 draft, except as otherwise provided. 50 (C) Notwithstanding the specified time periods established by this 51 subparagraph, a corporation shall vary the times so established in this 52 clause for preparation, review, and public hearings to coordinate the 53 economic and social review process with other procedures relating to 54 review and approval or disapproval of an action. An application or 55 authorization for an action upon which a draft economic impact statement 56 is determined to be required shall not be complete until such draftS. 2637 4 1 statement has been filed and accepted by the corporation as satisfactory 2 with respect to scope, content, and adequacy for purposes of this 3 subparagraph. Commencing upon such acceptance, the economic impact 4 statement process shall run concurrently with other procedures relating 5 to the review and approval of the action, so long as reasonable time is 6 provided for preparation, review, and public hearings with respect to 7 the draft economic impact statement. 8 (V) To the extent possible, the economic impact statement prepared 9 pursuant to clause (I) of this subparagraph, together with the comments 10 of public agencies and members of the public, shall be filed with the 11 governing body of each municipality or political subdivision thereof for 12 whose benefit such corporation is established and made available to the 13 public prior to acting on the proposal which is the subject of the 14 economic impact statement. 15 (VI) A corporation may charge a fee to an applicant to recover the 16 costs incurred in preparing or causing to be prepared or reviewing a 17 draft economic impact statement or an economic impact statement on the 18 action which the applicant requests from the corporation; provided, 19 however, that an applicant may not be charged a separate fee for both 20 the preparation and review of such statements. The technical services of 21 the corporation may be made available on a fee basis reflecting the 22 costs thereof to a requesting applicant, which fee or fees may appropri- 23 ately be charged by the corporation to the applicant under rules and 24 regulations, which the corporation shall issue for such purpose. 25 (VII) When a corporation decides to carry out or approve an action 26 which has been the subject of an economic impact statement, it shall 27 make an explicit finding that the requirements of this subparagraph have 28 been met and that, consistent with social, economic, and other essential 29 consideration, to the maximum extent practicable, adverse economic, 30 social, and community effects revealed in the economic impact statement 31 process will be minimized or avoided. 32 (3) Before any sale or lease to a local development corporation incor- 33 porated or reincorporated under this article shall be authorized, a 34 public hearing shall be held by the local legislative body, or [by the35board of estimate], in cities having a population of one million or 36 more, by the community board or boards or the respective borough board, 37 as the case may be, to consider the proposed sale or lease only after 38 the completion of the economic impact statement required by subparagraph 39 two-a of this paragraph. A public hearing may only be convened if two- 40 thirds of the board members are present. If not, such public hearing 41 shall not be convened and shall be rescheduled, subject to the same 42 quorum requirements. 43 § 2. Paragraph (i) of section 1411 of the not-for-profit corporation 44 law is relettered paragraph (j) and a new paragraph (i) is added to read 45 as follows: 46 (i) Municipal input. 47 (1) Board members or employees of a local development corporation must 48 not be or have, within the past five years, been: (A) an employee or an 49 owner of a firm that is a paid advisor or consultant of the local devel- 50 opment corporation, including a present or former independent auditor of 51 the local development corporation; (B) employed by a significant suppli- 52 er of the local development corporation; (C) employed by and had a five 53 percent or greater ownership interest in a supplier where sales to the 54 local development corporation represent more than one percent of the 55 sales of the supplier or more than one percent of the purchases of the 56 local development corporation; (D) a "political party chairman" as suchS. 2637 5 1 term is defined in paragraph (k) of subdivision one of section seventy- 2 three of the public officers law; or (E) a lobbyist registered under a 3 state or local law covering any jurisdiction served in whole or in part 4 by the local development corporation. In addition, at least one-third 5 of all members shall be representative of local government, organized 6 labor, or the engineering, business, or environmental communities. 7 (2) The local development corporation shall file an annual report with 8 the attorney general noting the local development corporation's finan- 9 cial activity during each year, including, but not limited to, the 10 amount and the reason for the amount and kinds of financial incentives 11 provided to any entity and any other data that the attorney general may 12 require. The report shall be submitted before February first of each 13 year. Each report shall be made available to the public in an easily 14 accessible format, including but not limited to an electronic version 15 via the world wide web. 16 (3) Any lease, sale, or other revenues collected by the corporation 17 shall be paid to the local governing body in which real property or 18 other source of revenue is located, and proportionally divided if 19 located in more than one municipality. 20 (4) The governing body of each municipality for whose benefit a corpo- 21 ration is established shall have the authority to approve or disapprove 22 any agency use of eminent domain, disposition of corporate property, 23 issuance of bonds, entrance into agreements requiring payments, or 24 entering into agreements for payments in lieu of taxes. Each such 25 governing body shall approve or disapprove any of the above corporate 26 decisions by majority vote. Where applicable in the enactment of local 27 laws, the chief executive officer shall approve or disapprove such 28 governing body's decision, subject to any applicable right to override. 29 Boards shall not violate any local zoning laws, ordinances, or regu- 30 lations or local development plans. Where applicable, the provisions of 31 this subparagraph shall apply to more than one local governing body and 32 the New York job development authority. 33 § 3. Subdivision 2 of section 856 of the general municipal law, as 34 amended by chapter 356 of the laws of 1993, is amended to read as 35 follows: 36 2. An agency shall be a corporate governmental agency, constituting a 37 public benefit corporation. Except as otherwise provided by special act 38 of the legislature, an agency shall consist of not less than three nor 39 more than seven members who shall be appointed by the chief executive 40 officer, with the advice and consent of the local governing body, of 41 each municipality and who shall serve at the pleasure of the appointing 42 authority. [Such members may include representatives of local govern-43ment, school boards, organized labor and business.] At least one-third 44 of all members shall be representative of local government, organized 45 labor, or the engineering, business, or environmental communities. A 46 member shall continue to hold office until his or her successor is 47 appointed and has qualified. The governing body of each municipality 48 shall designate the first [chairman] chairperson and file with the 49 secretary of state a certificate of appointment or reappointment of any 50 member. Such members shall receive no compensation for their services 51 but shall be entitled to the necessary expenses, including traveling 52 expenses, incurred in the discharge of their duties. Members must not 53 be or have, within the past five years, been: 54 (a) an employee or an owner of a firm that is a paid advisor or 55 consultant of the agency, including a present or former independent 56 auditor of the agency;S. 2637 6 1 (b) employed by a significant supplier of the agency; 2 (c) employed by and had a five percent or greater ownership interest 3 in a supplier where sales to the agency represent more than one percent 4 of the sales of the supplier or more than one percent of the purchases 5 of the agency; 6 (d) a "political party chairman" as such term is defined in paragraph 7 (k) of subdivision one of section seventy-three of the public officers 8 law; or 9 (e) a lobbyist registered under a state or local law covering any 10 jurisdiction served in whole or in part by the agency. 11 § 4. Subdivision 15 of section 858 of the general municipal law, as 12 added by chapter 356 of the laws of 1993, is amended to read as follows: 13 (15) To enter into agreements requiring payments in lieu of taxes. 14 Such agreements shall be in writing and in addition to other terms shall 15 contain: the amount due annually to each affected tax jurisdiction (or 16 a formula by which the amount due can be calculated), the name and 17 address of the person, office or agency to which payment shall be deliv- 18 ered, the date on which payment shall be made, and the date on which 19 payment shall be considered delinquent if not paid. Unless otherwise 20 agreed by the affected tax jurisdictions, any such agreement shall 21 provide that payments in lieu of taxes shall be allocated among affected 22 tax jurisdictions in proportion to the amount of real property tax and 23 other taxes which would have been received by each affected tax juris- 24 diction had the project not been tax exempt due to the status of the 25 agency involved in the project. A copy of any such agreement shall be 26 delivered to each affected tax jurisdiction within fifteen days of sign- 27 ing the agreement. In the absence of any such written agreement, 28 payments in lieu of taxes made by an agency shall be allocated in the 29 same proportions as they had been prior to January first, nineteen 30 hundred ninety-three for so long as the agency's activities render a 31 project non-taxable by affected tax jurisdictions. Standard tax 32 exemption policies established in law or by agencies shall be sent annu- 33 ally to chief executives and all members of governing boards of all 34 affected tax jurisdictions. Any changes to the standard tax exemption 35 policies shall also be sent to chief executives and all members of 36 governing boards of affected tax jurisdictions. Standard tax exemption 37 policies shall also be made available to the public and posted on the 38 agency's website. Every agency shall be required to maintain, and make 39 available to all local elected officials and the public, a current sche- 40 dule of all PILOT payments due each year and the amount of each payment 41 allocable to each affected tax jurisdiction on whose behalf the PILOT is 42 being collected. All agencies shall maintain, and make readily avail- 43 able to all local elected officials and the public, current schedules of 44 project owners who are in arrears in the making of required PILOT 45 payments, the amounts involved, and the time periods involved. Every 46 agency must ensure that all PILOT payments are promptly received and 47 fully transmitted to the treasuries of the affected tax jurisdictions on 48 whose behalf those PILOT payments were collected; 49 § 5. The general municipal law is amended by adding a new section 50 858-c to read as follows: 51 § 858-c. Municipal input. 1. The governing body of each municipality 52 for whose benefit an agency is established shall have the authority to 53 approve or disapprove any agency use of eminent domain, disposition of 54 agency property, issuance of bonds, entrance into agreements requiring 55 payments, or entering into agreements for payments in lieu of taxes. 56 Each such governing body shall approve or disapprove any of the aboveS. 2637 7 1 agency decisions by majority vote. Where applicable in the enactment of 2 local laws, the chief executive officer shall approve or disapprove such 3 governing body's decision, subject to any applicable right to override. 4 2. Agency boards shall not violate any local zoning laws, ordinances, 5 or regulations or local development plans. 6 § 6. Paragraphs (a) and (b) of subdivision 1 of section 859 of the 7 general municipal law, paragraph (a) as added by chapter 692 of the laws 8 of 1989 and paragraph (b) as amended by chapter 357 of the laws of 1993, 9 are amended to read as follows: 10 (a) Each agency shall maintain books and records in such form as may 11 be prescribed by the state comptroller. The comptroller shall prescribe 12 rules on standardizing the calculation of tax benefits. 13 (b) Within ninety days following the close of its fiscal year, each 14 agency or authority shall prepare a financial statement for that fiscal 15 year in such form as may be prescribed by the state comptroller. Such 16 statement shall be audited within such ninety day period by an independ- 17 ent certified public accountant in accordance with government accounting 18 standards established by the United States general accounting office. 19 The audited financial statement shall include supplemental schedules 20 listing all straight-lease transactions and bonds and notes issued, 21 outstanding or retired during the applicable accounting period whether 22 or not such bonds, notes or transactions are considered obligations of 23 the agency, and information on PILOTs. For each issue of bonds or notes 24 such schedules shall provide the name of each project financed with 25 proceeds of each issue, and whether the project occupant is a not-for- 26 profit corporation, the name and address of each owner of each project, 27 the address of each project, the estimated amount of tax exemptions 28 authorized for each project, the purpose for which each bond or note was 29 issued, date of issue, interest rate at issuance and if variable the 30 range of interest rates applicable, maturity date, federal tax status of 31 each issue, and an estimate of the number of jobs created and retained 32 by each project. For each straight-lease transaction, such schedules 33 shall provide the name of each project, and whether the project occupant 34 is a not-for-profit corporation, the name and address of each owner of 35 each project, the estimated amount of tax exemptions authorized for each 36 project, the purpose for which each transaction was made, the method of 37 financial assistance utilized by the project, other than the tax 38 exemptions claimed by the project and an estimate of the number of jobs 39 created and retained by each project. 40 § 7. Section 859-a of the general municipal law, as added by chapter 41 356 of the laws of 1993, and subdivisions 4, 5 and 6 as added by chapter 42 563 of the laws of 2015, is amended to read as follows: 43 § 859-a. Additional prerequisites to the provisions of financial 44 assistance, economic impact statements and public hearings. Prior to 45 providing any financial assistance of more than one hundred thousand 46 dollars to any project, the agency must comply with the following 47 prerequisites: 48 1. The agency must adopt a resolution describing the project and the 49 financial assistance that the agency is contemplating with respect to 50 such project. Agencies must maintain a list of all pending projects 51 about which they have been contacted, and make such lists available for 52 public inspection, including but not limited to publishing the lists on 53 the agency's website. If any person requests more information about a 54 particular project, the agency shall provide such information as expe- 55 ditiously as possible. Such assistance shall be consistent with the 56 uniform tax exemption policy adopted by the agency pursuant to subdivi-S. 2637 8 1 sion four of section eight hundred seventy-four of this [chapter] title, 2 unless the agency has followed the procedures for deviation from such 3 policy specified in paragraph (b) of such subdivision. Such assistance 4 shall also be consistent with environmental protection, such as open 5 space protection, that will promote new development patterns in order to 6 take advantage of resources and opportunities, such as existing public 7 sewer and water infrastructure, without compromising the needs of future 8 generations; and labor protection, including all federal, state, and 9 local labor laws, rules, or regulations. The agency shall not grant or 10 appropriate assistance to any entity that has committed violations of 11 any federal, state, or local laws. 12 2. The agency shall prepare (where the applicant does not prepare the 13 economic impact statement), or cause to be prepared by contract or 14 otherwise, an economic impact statement on any action that it proposes 15 or approves which may have a significant effect on the affected local 16 economy and local community. The agency shall use all practicable means 17 to realize the policies and goals set forth in this article, and shall 18 act and choose alternatives which, consistent with social, economic, and 19 other essential considerations, to the maximum extent practicable, mini- 20 mize or avoid adverse economic effects, including effects revealed in 21 the economic impact statement process. Such a statement shall include a 22 detailed statement setting forth the following: 23 (a) a description of the proposed action and its economic and social 24 setting; 25 (b) the economic and social impact of the proposed action, including 26 short-term and long-term effects, especially to the affected community; 27 (c) any adverse economic effects which cannot be avoided should the 28 proposal be implemented; 29 (d) alternatives to the proposed action; 30 (e) any irreversible and irretrievable commitments and social 31 resources which would be involved in the proposed action, should it be 32 implemented; 33 (f) mitigation measures proposed to minimize the economic, social or 34 other essential impacts; and 35 (g) the growth-inducing aspects of the proposed action, where applica- 36 ble and significant. 37 Such a statement shall also include copies or a summary of the 38 substantive comments received by the agency pursuant to subdivision six 39 of this section, and the agency response to such comments. The purpose 40 of an economic impact statement is to provide detailed information about 41 the effect which a proposed action is likely to have on the economy, 42 employment conditions, and social characteristics of a community, to 43 list ways in which any adverse effects of such an action might be mini- 44 mized, and to suggest alternatives to such an action so as to form the 45 basis for a decision as to whether or not to undertake or approve such 46 action. Such statement shall be clearly written in a concise manner 47 capable of being read and understood by the public, shall deal with the 48 specific significant economic impacts which can be reasonably antic- 49 ipated, and shall not contain more detail than is appropriate, consider- 50 ing the nature and magnitude of the proposed action and the significance 51 of its potential impacts. 52 3. The agency may require an applicant to submit an economic report to 53 assist the agency in carrying out its responsibilities, including the 54 initial determination and, (where the applicant does not prepare the 55 economic impact statement), the preparation of an economic impact state- 56 ment under this article. The agency may request such other informationS. 2637 9 1 from an applicant necessary for the review of economic and social 2 impacts. Notwithstanding any use of outside resources or work, agencies 3 shall make their own independent judgment of the scope, contents, and 4 adequacy of an economic impact statement. 5 4. (a) As early as possible in the formulation of a proposal for an 6 action, the agency shall make an initial determination as to whether or 7 not an economic impact statement need be prepared for the action. With 8 respect to actions involving the issuance to an applicant of a permit or 9 other entitlement, the agency shall notify the applicant in writing of 10 its initial determination, specifying therein the basis for such deter- 11 mination. Notice of the initial determination, along with appropriate 12 supporting findings on agency actions, shall be kept on file in the main 13 office of the agency for public inspection. If the agency determines 14 that such statement is required, the agency or the applicant, at the 15 applicant's option, shall prepare or cause to be prepared a draft 16 economic impact statement. If the applicant does not exercise the 17 option to prepare such statement, the agency shall prepare it, cause it 18 to be prepared, or terminate its review of the proposed action. Such 19 statement shall describe the proposed action and reasonable alternatives 20 to the action, and briefly discuss, on the basis of information then 21 available, the remaining items required to be submitted by subdivision 22 two of this section. The purpose of a draft economic statement is to 23 relate economic and social considerations to the inception of the plan- 24 ning process, to inform the public and other public agencies as early as 25 possible about proposed actions that may significantly affect the quali- 26 ty of the economic and social conditions, and to solicit comments which 27 will assist the agency in the decision making process in determining the 28 economic and social consequences of the proposed action. The draft 29 statement shall resemble in form and content the economic impact state- 30 ment to be prepared after comments have been received and considered 31 pursuant to subdivision two of this section; however, that the length 32 and detail of the draft economic statement will necessarily reflect the 33 preliminary nature of the proposal and the early stage at which it is 34 prepared; 35 (b) The draft statement shall be filed with the appropriate governing 36 body of each municipality for whose benefit such agency is established. 37 5. (a) After the filing of a draft economic impact statement, the 38 agency shall determine whether or not to conduct a public hearing on the 39 economic impact of the proposed action. Such public hearing shall be 40 held in a city, town, or village where the project is proposed to be 41 located. The agency must give at least thirty days' published notice of 42 such public hearing and shall, at the same time, provide notice of such 43 hearing to the chief executive officer of each affected tax jurisdiction 44 within which the project is proposed to be located. The notice of hear- 45 ing must state the time and place of the hearing, contain a general, 46 functional description of the project, describe the prospective location 47 of the project, identify the initial owner, operator, or manager of the 48 project, generally describe the financial assistance contemplated by the 49 agency with respect to the project, and provide an opportunity for the 50 public to review the project application, which shall include an analy- 51 sis of the costs and benefits of the proposed project. The notice of 52 hearing must be published in the state register and the website of the 53 agency. 54 (b) If the agency determines to hold such a hearing, it shall commence 55 the hearing within sixty days of the filing and, unless the proposed 56 action is withdrawn from consideration, shall prepare the economicS. 2637 10 1 impact statement within forty-five days after the close of the hearing, 2 except as otherwise provided. The need for such a hearing shall be 3 determined in accordance with procedures adopted by the agency pursuant 4 to section eight hundred fifty-eight of this title. If no hearing is 5 held, the agency shall prepare and make available the economic impact 6 statement within sixty days after the filing of the draft, except as 7 otherwise provided. 8 (c) Notwithstanding the specified time periods established by this 9 article, an agency shall vary the times so established herein for prepa- 10 ration, review and public hearings to coordinate the economic and social 11 review process with other procedures relating to review and approval of 12 an action. An application or authorization for an action upon which a 13 draft economic impact statement is determined to be required shall not 14 be complete until such draft statement has been filed and accepted by 15 the agency as satisfactory with respect to scope, content, and adequacy 16 for purposes of subdivision four of this section. Commencing upon such 17 acceptance, the economic impact statement process shall run concurrently 18 with other procedures relating to the review and approval of the action, 19 so long as reasonable time is provided for preparation, review, and 20 public hearings with respect to the draft economic impact statement. 21 6. To the extent possible, the economic impact statement prepared 22 pursuant to subdivision two of this section, together with the comments 23 of public agencies and members of the public, shall be filed with the 24 governing body of each municipality for whose benefit such agency is 25 established and made available to the public prior to acting on the 26 proposal which is the subject of the economic impact statement. 27 7. An agency may charge a fee to an applicant to recover the costs 28 incurred in preparing or causing to be prepared or reviewing a draft 29 economic impact statement or an economic impact statement on the action 30 which the applicant requests from the agency; provided, however, that an 31 applicant may not be charged a separate fee for both the preparation and 32 review of such statements. The technical services of the agency may be 33 made available on a fee basis reflecting the costs thereof to a request- 34 ing agency, which fee or fees may appropriately be charged by the agency 35 to the applicant under rules and regulations to be issued by the agency 36 for such purpose under section eight hundred fifty-eight of this title. 37 8. When an agency decides to carry out or approve an action which has 38 been the subject of an economic impact statement, it shall make an 39 explicit finding that the requirements of this section have been met and 40 that, consistent with social, economic, and other essential consider- 41 ations, to the maximum extent practicable, adverse economic, social, and 42 community effects revealed in the economic impact statement process will 43 be minimized or avoided. 44 9. The agency [must] shall hold a public hearing with respect to the 45 project and the proposed financial assistance being contemplated by the 46 agency after the completion of the final economic impact statement. 47 [Said] Such public hearing shall be held in a city, town, or village 48 where the project [proposes] is proposed to [locate] be located. At 49 [said] such public hearing, interested parties shall be provided reason- 50 able opportunity, both orally and in writing, to present their views 51 with respect to the project and the final economic impact statement. A 52 public hearing may only be convened if two-thirds of the board members 53 are present. If not, such public hearing shall not be convened and shall 54 be rescheduled, subject to the same quorum requirements. 55 [3.] 10. The agency must give at least ten days published notice of 56 [said] such public hearing and shall, at the same time, provide noticeS. 2637 11 1 of such hearing to the chief executive officer of each affected tax 2 jurisdiction within which the project is located. The notice of hearing 3 must state the time and place of the hearing, contain a general, func- 4 tional description of the project, describe the prospective location of 5 the project, identify the initial owner, operator, or manager of the 6 project, and generally describe the financial assistance contemplated by 7 the agency with respect to the project. The notice of hearing must be 8 published in the state register and the website of the agency. Such 9 assistance shall also be consistent with environmental protection, such 10 as open space protection, that will promote new development patterns in 11 order to take advantage of resources and opportunities, such as existing 12 public sewer and water infrastructure, without compromising the needs of 13 future generations; and labor protection, including all federal, state, 14 and local labor laws, rules or regulations. The agency shall not grant 15 or appropriate assistance to any entity that has committed violations of 16 any federal, state, or local laws. 17 [4.] 11. Each agency shall develop a standard application form, which 18 shall be used by the agency to accept requests for financial assistance 19 from all individuals, firms, companies, developers or other entities or 20 organizations. The standard application form shall be submitted by or on 21 behalf of the applicant, and subscribed and affirmed under the penalties 22 of perjury by the applicant, or on behalf of the applicant by the chief 23 executive officer or such other individual that is duly authorized to 24 bind the applicant, as true, accurate and complete to the best of his or 25 her knowledge. The standard application form shall include the follow- 26 ing, and may include such other supplemental information as determined 27 to be necessary and appropriate by the agency, including supporting 28 documents and information provided by or on behalf of the applicant: 29 (a) the name and address of the project applicant; 30 (b) a description of the proposed project for which financial assist- 31 ance is requested, including the type of project, proposed location and 32 purpose of the project; 33 (c) the amount and type of financial assistance being requested, 34 including the estimated value of each type of tax exemption sought to be 35 claimed by reason of agency involvement in the project; 36 (d) a statement that there is a likelihood that the project would not 37 be undertaken but for the financial assistance provided by the agency 38 or, if the project could be undertaken without financial assistance 39 provided by the agency, a statement indicating why the project should be 40 undertaken by the agency; 41 (e) an estimate of capital costs of the project, including all costs 42 of real property and equipment acquisition and building construction or 43 reconstruction, financed from private sector sources, an estimate of the 44 percentage of project costs financed from public sector sources, and an 45 estimate of both the amount to be invested by the applicant and the 46 amount to be borrowed to finance the project. 47 (f) the projected number of full time equivalent jobs that would be 48 retained and that would be created if the request for financial assist- 49 ance is granted, the projected timeframe for the creation of new jobs, 50 the estimated salary and fringe benefit averages or ranges for catego- 51 ries of the jobs that would be retained or created if the request for 52 financial assistance is granted, and an estimate of the number of resi- 53 dents of the economic development region as established pursuant to 54 section two hundred thirty of the economic development law or the labor 55 market area as defined by the agency, in which the project is located 56 that would fill such jobs. The labor market area defined by the agencyS. 2637 12 1 for this purpose may include no more than six contiguous counties in the 2 state, including the county in which the project is to be located; 3 (g) a statement to the effect that the provisions of subdivision one 4 of section eight hundred sixty-two of this [chapter] title will not be 5 violated if financial assistance is provided for the proposed project; 6 (h) a statement that the owner, occupant or operator receiving finan- 7 cial assistance is in substantial compliance with applicable local, 8 state and federal tax, worker protection and environmental laws, rules 9 and regulations; and 10 (i) a statement acknowledging that the submission of any knowingly 11 false or knowingly misleading information may lead to the immediate 12 termination of any financial assistance and the reimbursement of an 13 amount equal to all or part of any tax exemptions claimed by reason of 14 agency involvement in the project. 15 [5.] 12. Each agency shall develop, and adopt by resolution, uniform 16 criteria for the evaluation and selection for each category of projects 17 for which financial assistance will be provided. At a minimum, the 18 criteria shall require that, for each project, the following must occur 19 prior to the approval of the provision of financial assistance: 20 (a) an assessment by the agency of all material information included 21 in connection with the application for financial assistance, as neces- 22 sary to afford a reasonable basis for the decision by the agency to 23 provide financial assistance for the project; 24 (b) a written cost-benefit analysis by the agency that identifies the 25 extent to which a project will create or retain permanent, private 26 sector jobs; the estimated value of any tax exemptions to be provided; 27 the amount of private sector investment generated or likely to be gener- 28 ated by the proposed project; the likelihood of accomplishing the 29 proposed project in a timely fashion; and the extent to which the 30 proposed project will provide additional sources of revenue for munici- 31 palities and school districts; and any other public benefits that might 32 occur as a result of the project; 33 (c) a statement by the applicant that the project, as of the date of 34 the application, is in substantial compliance with all provisions of 35 this article including, but not limited to, the provisions of this 36 section and subdivision one of section eight hundred sixty-two of this 37 [chapter] title; and 38 (d) if the project involves the removal or abandonment of a facility 39 or plant within the state, notification by the agency to the chief exec- 40 utive officer or officers of the municipality or municipalities in which 41 the facility or plant was located. 42 [6.] 13. Each agency shall develop a uniform agency project agreement 43 that sets forth terms and conditions under which financial assistance 44 shall be provided. The uniform agency project agreement shall be used by 45 the agency and no financial assistance shall be provided in the absence 46 of the execution of such an agreement. The uniform agency project agree- 47 ment shall, at a minimum: 48 (a) describe the project and the financial assistance, including the 49 amount and type, to be provided, and the agency purpose to be achieved; 50 (b) require each project owner, occupant or operator receiving finan- 51 cial benefits to provide annually a certified statement and documenta- 52 tion: (i) enumerating the full time equivalent jobs retained and the 53 full time equivalent jobs created as a result of the financial assist- 54 ance, by category, including full time equivalent independent contrac- 55 tors or employees of independent contractors that work at the project 56 location, and (ii) indicating that the salary and fringe benefit aver-S. 2637 13 1 ages or ranges for categories of jobs retained and jobs created that was 2 provided in the application is still accurate and if it is not still 3 accurate, providing a revised list of salary and fringe benefit averages 4 or ranges for categories of jobs retained and jobs created. 5 (c) indicate the dates when PILOT payments are to be made and provide 6 an estimate of the amounts for each affected tax jurisdiction of any 7 payments in lieu of taxes that are included as part of the transaction, 8 or formula or formulas by which those amounts may be calculated. In lieu 9 of providing such information, a copy of an executed payment in lieu of 10 tax agreement that contains the same information may be attached to the 11 uniform agency project agreement; 12 [(e)] (d) provide for the suspension or discontinuance of financial 13 assistance, or for the modification of any payment in lieu of tax agree- 14 ment to require increased payments, in accordance with policies devel- 15 oped by the agency pursuant to section eight hundred seventy-four of 16 this title; 17 [(f)] (e) provide for the return of all or a part of the financial 18 assistance provided for the project, including all or part of the amount 19 of any tax exemptions, which shall be redistributed to the appropriate 20 affected tax jurisdiction, as provided for in policies developed by the 21 agency pursuant to section eight hundred seventy-four of this title, 22 unless agreed to otherwise by any local taxing jurisdiction or jurisdic- 23 tions; and 24 [(g)] (f) provide that the owner, occupant or operator receiving 25 financial assistance shall certify, under penalty of perjury, that it is 26 in substantial compliance with all local, state and federal tax, worker 27 protection and environmental laws, rules and regulations. 28 § 8. Section 860 of the general municipal law, as added by chapter 29 1030 of the laws of 1969, is amended to read as follows: 30 § 860. Moneys of the agency. The agency shall have power to contract 31 with the holders of any of its bonds or notes as to the custody, 32 collection, securing, investment and payment of any moneys of the agency 33 or any moneys held in trust or otherwise for the payment of bonds or 34 notes or in any way to secure bonds or notes and to carry out any such 35 contract. Moneys held in trust or otherwise for the payment of bonds or 36 notes or in any way to secure bonds or notes and deposits of such moneys 37 may be secured in the same manner as moneys of the agency, and all banks 38 and trust companies are authorized to give such security for such depos- 39 its. Any lease payments, revenues, or other earnings of the agency 40 shall be paid to the local governing body of the municipality for whose 41 benefit such agency is established. 42 § 9. Section 882 of the general municipal law, as amended by chapter 43 373 of the laws of 2012, is amended and a new section 882-a is added to 44 read as follows: 45 § 882. Termination of the agency. Whenever all of the bonds or notes 46 issued by the agency shall have been redeemed or cancelled, and all 47 straight-lease transactions have been terminated, the agency shall cease 48 to exist and all rights, titles, and interest and all obligations and 49 liabilities thereof vested in or possessed by the agency shall thereupon 50 vest in and be possessed by the municipality. After October first, two 51 thousand twenty-one, non-county industrial development agencies created 52 under title two of this article shall not be able to issue any further 53 bonds or notes. 54 § 882-a. Prohibition of local industrial development agencies. No 55 further industrial development agencies may be created unless they are a 56 county-wide industrial development agency.S. 2637 14 1 § 10. The general municipal law is amended by adding two new sections 2 885 and 885-a to read as follows: 3 § 885. Prevailing wage. Whenever a recipient of industrial develop- 4 ment agency funds, financial assistance, or other benefit enters into 5 any contract, subcontract, lease, grant, bond, covenant or other agree- 6 ment for or in connection with any construction, demolition, recon- 7 struction, excavation, rehabilitation, repair, renovation, alteration, 8 or improvement project, such project shall be deemed to be a public 9 works project for the purposes of article eight of the labor law, and 10 all of the provisions of article eight of the labor law shall be appli- 11 cable to all the work involved in the construction, demolition, recon- 12 struction, excavation, rehabilitation, repair, renovation, alteration, 13 or improvement of such project. Funds, financial assistance, or any 14 other benefits provided pursuant to this article shall not be utilized 15 for or in connection with the construction, demolition, reconstruction, 16 excavation, rehabilitation, repair, renovation, alteration, or improve- 17 ment of any project to which the provisions of article eight of the 18 labor law are not applicable. 19 § 885-a. Recapture. If a recipient entity of agency assistance does 20 not abide by any provision of this article or requirement made applica- 21 ble pursuant to the authority of this article, it shall pay back to the 22 agency that fraction of developmental assistance that accrued to its 23 benefit for the calendar year in which the benefit occurred, plus inter- 24 est at a rate determined by the granting agency. For one-time forms of 25 assistance such as grants or land price discounts, a defaulting entity 26 shall pay back to the granting agency one-fifth of the value of assist- 27 ance. Remittance of the payback by a recipient entity to a granting 28 agency shall take place within sixty calendar days of the delivery of 29 the default notice to the recipient entity. 30 § 11. This act shall take effect on the sixtieth day after it shall 31 have become a law; provided, however, that the provisions of section 32 seven of this act shall take effect immediately.
