N.Y. Urban Development Corporation Act 174/68 § 58*2: Reporting

§ 58. Reporting. 1. 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.