NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8203A
SPONSOR: Ryan TITLE OF BILL: An act to amend the public authorities law, in
relation to enacting the "just and open business subsidies act (JOBS
act) of 2013", in relation to the reporting and collection of informa-
tion, evaluation criteria, subsidy recapture, and restrictions on the
funding of public financial assistance for private economic development
PURPOSE OR GENERAL IDEA OF BILL: Regulate the use of subsidies by
state and local authorities. Make the process more transparent and hold
accountable those entities which receive such subsidies.
SUMMARY OF SPECIFIC PROVISIONS:
Section One: Legislative findings
Section Two: Title
Section Three: Definitions
Section Four: Adds sections 2990-2999 to the public authorities law.
§ 2990: Requires all applications to state or local authorities to be
submitted through the consolidated funding application ("CFA"). This
section also outlines the rights and responsibilities of the authorities
as it relates to the CFA.
§ 2991: Requires authorities offering subsidies to enter into a finan-
cial assistance agreement with the recipients of such subsidies.
§ 2992: Requires open meetings and public access to the documents used
to determine whether to offer a subsidy.
§ 2993: Allows for authorities to recapture all or some of the money
given as a subsidy when benchmarks (i.e., job creation, etc.) agreed to
by the recipient fall short of success.
§ 2994: Requires the department of Taxation and Finance to submit an
annual budget accounting for uncollected tax revenue and an accounting
of certain subsidy recipients.
§ 2995: Restricts the subsidizing of projects that do not meet minimum
standards or violate the requirements discussed in § 2995.
§ 2996: Requires board representatives to meet certain criteria includ-
ing being disqualified for appointment to the board if conflicts of
interest or ethical conflicts exist.
§ 2997: Targeted Hiring and the percentage of local hires which must be
included in certain instances.
§ 2998: Payment in lieu of taxes restrictions.
Section Five: Amends subdivisions 1 and 2 of section 2800 of the public
authorities law to require annual reports and accounting of projects
subsidized by the authorities and personal accountings by members of the
local authorities.
Section Six: Contains the effective date.
JUSTIFICATION: Industrial Development Agencies (IDAS) and other state
and local authorities provide at least seven billion dollars annually in
tax subsidies to select businesses. These tax subsidies too often force
other taxpayers to pay higher property taxes or to suffer reductions in
key services. Further, in the few programs where sufficient data is
available, subsidies have had little or no impact on the economy, job
creation, or the standard of living for workers.
Given the desperate need for job creation in New York, but also taking
into account the potential for waste in this multi-billion dollar
system, it is imperative that New York protects its taxpayers by taking
stock of this "back-door spending," and assessing its effectiveness at
job creation and economic development. The poor choices which many IDAS
and other economic development authorities continue to make are, in
part, due to a lack of oversight and accountability. This bill will
provide the necessary oversight to ensure that New York taxpayers get
their money's worth from their substantial investment in economic devel-
opment.
PRIOR LEGISLATIVE HISTORY: New bill
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined
EFFECTIVE DATE: This act shall take effect on the ninetieth day after
it shall have become a law, provided, however, that effective immediate-
ly, the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date is
authorized to be made and. completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
8203--A
2013-2014 Regular Sessions
IN ASSEMBLY
October 24, 2013
___________
Introduced by M. of A. RYAN, FAHY, SCHIMEL -- Multi-Sponsored by -- M.
of A. GOTTFRIED, SKARTADOS -- read once and referred to the Committee
on Corporations, Authorities and Commissions -- recommitted to the
Committee on Corporations, Authorities and Commissions in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the public authorities law, in relation to enacting the
"just and open business subsidies act (JOBS act) of 2013", in relation
to the reporting and collection of information, evaluation criteria,
subsidy recapture, and restrictions on the funding of public financial
assistance for private economic development
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Legislative findings. The legislature finds that the state
2 and local governments of New York play an important role in facilitating
3 private economic development. Public financial assistance for economic
4 development should prioritize performance, encourage job creation for
5 all New Yorkers, and have money back guarantees. Empire State Develop-
6 ment (ESD) manages statewide economic development programs through as
7 many as 202 subsidiaries, each with its own board and staff. In addi-
8 tion, there are approximately 20 state agencies performing economic
9 development functions. At the local level, there are 114 Industrial
10 Development Agencies (IDAs), over 500 local development corporations, 82
11 Empire Zone Boards, 114 Business Improvement Districts, 49 Urban Renewal
12 and Community Development Agencies, and 10 Regional Economic Development
13 Councils, all engaging in economic development activity. These entities,
14 providing discretionary and as of right financial assistance, spend over
15 $7 billion in state and local tax revenue and appropriations.
16 The legislature further finds that this system of economic development
17 is balkanized, opaque, often unaccountable, and has few performance
18 criteria on which to judge success or failure. This legislation is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11682-03-4
A. 8203--A 2
1 intended to improve these important tools for economic development by
2 streamlining applications and reporting, strengthening accountability
3 mechanisms, and encouraging quality job creation for all New Yorkers.
4 The legislature further finds that the International Economic Develop-
5 ment Council (IEDC), the nation's largest professional association of
6 economic development officials, released findings from a survey of its
7 4,500 members in February, 2013, in which 98.6 percent said "incentives
8 should be structured in such a way that the community receives a tangi-
9 ble return on investment (e.g., employment, capital investment)." In
10 addition, "96 percent believe that part or all of the granted incentives
11 should be returned if a company does not meet agreed-upon projections."
12 These findings show that there is significant support, even within the
13 economic development profession, for comprehensive reform.
14 The legislature further finds that the economic recovery from the
15 Great Recession has not reached all parts of New York. Unemployment and
16 poverty are significant problems throughout the state. For example, the
17 most recent census data shows that the Kingston Metropolitan Statistical
18 Area has an unemployment rate of 10.4% and a poverty rate of 14.7%.
19 The Ogdensburg-Massena Micropolitan Statistical Area has an unemploy-
20 ment rate of 10.8% and a poverty rate of 18.1%, Sullivan County has an
21 unemployment rate of 12.2% and a poverty rate of 18.5%. Meanwhile other
22 regions of New York and its neighboring states of Connecticut, Massachu-
23 setts, New Jersey, Pennsylvania and Vermont all have lower poverty and
24 unemployment rates than the aforementioned regions of New York. The
25 average unemployment rate of those six states is 9.4% and the average
26 poverty rate is 12.4%. New York has a significant interest in reducing
27 poverty and unemployment for its residents by ensuring that when public
28 money is used to finance economic development, a portion of the jobs
29 created are offered to residents of regions with high unemployment or
30 poverty.
31 § 2. This act shall be known and may be cited as the "just and open
32 business subsidies act (JOBS act) of 2014".
33 § 3. Section 2 of the public authorities law is amended by adding
34 seven new subdivisions 7, 8, 9, 10, 11, 12 and 13 to read as follows:
35 7. "financial assistance" shall mean: (a) any expenditure of public
36 funds for the purpose of stimulating economic development within the
37 state, including, but not limited to, cash payments or grants, bond
38 financing, tax abatements or exemptions (including, but not limited to,
39 abatements or exemptions from real property, mortgage recording, sales
40 and use taxes, or the difference between any payments in lieu of taxes
41 and the amount of real property or other taxes that would have been due
42 if the property were not exempted from such taxes), tax increment
43 financing, filing fee waivers, energy cost reductions, environmental
44 remediation costs, write-downs in the market value of buildings or land,
45 or the cost of capital improvements related to real property for which
46 the state would not pay absent the development project, and includes
47 both discretionary and as of right assistance, and (b) all successor and
48 subsequent expenditures of public funds for the purpose of stimulating
49 economic development within the state. In determining the value of
50 assistance provided, the full value of all city, state and federal
51 assistance received in connection with the project shall be included.
52 8. "recipient" shall mean any person, individual, proprietorship,
53 partnership, joint venture, corporation, limited liability company,
54 trust, association, organization or other entity that receives financial
55 assistance, or any assignee or successor in interest of real property
56 improved or developed with financial assistance.
A. 8203--A 3
1 9. "infrastructure" shall mean any substructure or underlying founda-
2 tion or network used for providing goods and services; especially the
3 basic installations and facilities on which the continuance and growth
4 of a community, state, etc., depend. Examples include roads, water
5 systems, communications facilities, sewers, sidewalks, cable, wiring,
6 schools, power plants, and transportation and communication systems.
7 10. "covered employer" shall mean: (a) a financial assistance recipi-
8 ent; (b) a tenant, sub-tenant, leaseholder or subleaseholder who occu-
9 pies real property that is improved or developed with financial assist-
10 ance; (c) fee holders or other condominium owners of any portion of real
11 property improved or developed with financial assistance who purchased
12 the property from a prior owner or were assigned the property through
13 foreclosure or other means; or (d) any person or entity that contracts
14 or subcontracts with a financial assistance recipient to perform work
15 for a period of more than thirty days on the premises of the financial
16 assistance recipient or on the premises of real property improved or
17 developed with financial assistance, including but not limited to tempo-
18 rary services or staffing agencies, food service contractors, and other
19 on-site service contractors.
20 11. "worker hours" shall mean the total hours worked exclusive of
21 hours worked by residents of states other than New York, whether the
22 workers in question are employed by the financial assistance recipient
23 or the covered employer.
24 12. "apprentice" shall mean a worker who participates in a federal or
25 state apprenticeship program or, as an apprentice equivalent, partic-
26 ipates in a department of labor approved training program, takes a
27 construction apprenticeship test, and receives benefits and pay not less
28 than those received by an apprentice.
29 13. "apprenticeship program" shall mean an apprenticeship program that
30 has been approved by the department of labor for not less than three
31 years and has graduated at least one apprentice in the last three years
32 and has at least one apprentice currently enrolled in such apprentice-
33 ship training program. In addition, it must be demonstrated that the
34 program has made significant efforts to attract and retain minority
35 apprentices, as determined by affirmative action goals established for
36 such program by the department of labor.
37 § 4. Article 9 of the public authorities law is amended by adding a
38 new title 13 to read as follows:
39 TITLE 13
40 JUST AND OPEN BUSINESS SUBSIDIES ACT (JOBS ACT)
41 Section 2990. Standard applications for financial assistance.
42 2991. Financial assistance agreements.
43 2992. Public review.
44 2993. Subsidy recapture.
45 2994. Unified economic development budget.
46 2995. Restrictions on funds of local and state authorities.
47 2996. Designated board representation.
48 2997. Targeted hire.
49 2998. Payments in lieu of taxes.
50 § 2990. Standard applications for financial assistance. 1. All appli-
51 cations submitted to state authorities, local authorities, or any other
52 state granting body requesting financial assistance shall be submitted
53 through a consolidated funding application. The consolidated funding
54 application shall be developed by the authorities budget office, in
55 collaboration with relevant granting bodies. The consolidated funding
56 application shall contain, at a minimum, all information necessary to
A. 8203--A 4
1 fulfill reporting requirements under subparagraph six of paragraph (a)
2 of subdivision one and subparagraph six of paragraph (a) of subdivision
3 two of section twenty-eight hundred of this article, and must be certi-
4 fied by the project applicant's chief executive officer that the appli-
5 cation is accurate and complete. The application shall include all
6 information needed by the New York state energy research and development
7 authority to calculate the greenhouse gas emissions from proposed
8 projects, including but not limited to amount of electricity usage and
9 type and amount of fuel usage.
10 2. No state authority, local authority, or any other state granting
11 body shall enter into a financial assistance agreement with a recipient
12 prior to receiving and processing a complete consolidated funding appli-
13 cation.
14 3. The state authority, local authority, state granting body and the
15 authorities budget office shall have the right of access to examine all
16 documents, payroll records and other materials deemed necessary by the
17 agency or department to determine the applicant's claims are accurate.
18 § 2991. Financial assistance agreements. The state authority, local
19 authority or state granting body shall enter into a financial assistance
20 agreement with the recipient prior to providing such assistance. Each
21 financial assistance agreement shall contain, at a minimum:
22 1. job creation and/or job retention targets and the maintenance of
23 such job levels five years beyond the end date of the financial assist-
24 ance agreement;
25 2. an approved targeted hiring plan, where applicable;
26 3. apprentice target hiring plan, where applicable;
27 4. investment targets;
28 5. detailed plans for compliance with the state smart growth public
29 infrastructure policy act;
30 6. greenhouse gas emissions and energy use benchmarks;
31 7. all information necessary to fulfill reporting requirements under
32 subparagraph six of paragraph (a) of subdivision one and subparagraph
33 six of paragraph (a) of subdivision two of section twenty-eight hundred
34 of this article;
35 8. subsidy recapture provisions; and
36 9. yearly and overall performance benchmarks.
37 § 2992. Public review. 1. The state authority, local authority, state
38 granting body and the authorities budget office shall have the right of
39 access to the covered employer's project site and to examine all docu-
40 ments, payroll records and other materials deemed necessary by the agen-
41 cy or department to determine the recipient is in compliance with
42 provisions of the financial assistance agreement and this article. The
43 state authorities and local authorities shall cooperate fully with the
44 authorities budget office in carrying out its duties.
45 2. The state authority, local authority, or state granting body shall
46 file a copy of each recipient's application, the financial assistance
47 agreement and the cost benefit analysis on its website, with the govern-
48 ing body of the municipality and with the authorities budget office
49 within five days of the execution of the agreement.
50 3. Notwithstanding any other provision of law to the contrary, a state
51 authority, local authority or state granting body in an area with one
52 million persons or more shall not provide discretionary financial
53 assistance exceeding a total of one million dollars in value without the
54 approval of the affected taxing jurisdictions in which the project will
55 occur. In all other areas, a state authority, local authority or state
56 granting body shall not provide discretionary financial assistance
A. 8203--A 5
1 exceeding one hundred thousand dollars in value without the approval of
2 the affected taxing jurisdictions in which the project will occur.
3 Approval of the affected taxing jurisdiction shall consist of a majority
4 vote by the relevant decision making body of that jurisdiction.
5 4. Prior to approving any discretionary economic development assist-
6 ance agreement over twenty-five thousand dollars, a state authority,
7 local authority or state granting body shall: (a) hold a public hearing
8 on the provision of financial assistance; and (b) provide notice to the
9 public thirty calendar days prior to the public hearing. At the time of
10 notice, the state authority, local authority or state granting body
11 shall provide the application, the proposed economic development assist-
12 ance agreement, and any other materials relevant to the decision, such
13 as the cost benefit analysis, to the public. The documents shall be
14 available electronically and the documents shall be available in print
15 upon request. The public hearing shall provide the public reasonable
16 opportunity to comment on the proposed financial assistance agreement.
17 The hearing shall take place no less than seven calendar days before the
18 final decision. The state authority, local authority or state granting
19 body must respond to public comments submitted orally or in writing with
20 official, written replies before such time as the decision is made. All
21 public hearings shall be recorded verbatim and transcripts available on
22 line and transcripts available in print upon request.
23 5. Prior to approving any as of right financial assistance agreement
24 over twenty-five thousand dollars, a state authority, local authority or
25 state granting body shall provide notice to the public thirty calendar
26 days prior to the approval of financial assistance. At the time of
27 notice, the state authority, local authority or state granting body
28 shall provide the application, the proposed financial assistance agree-
29 ment, and any other materials relevant to the decision, such as the cost
30 benefit analysis, to the public. The documents shall be available elec-
31 tronically and the documents shall be available in print upon request.
32 § 2993. Subsidy recapture. 1. All financial assistance agreements
33 shall contain: (a) a specific schedule for subsidy recapture; (b) the
34 measurable yearly benchmarks that a recipient must meet in order to
35 avoid recapture; and (c) provisions for recalibration or rescission of
36 benefits.
37 2. Recapture provisions, at a minimum, shall be based upon each
38 required component of the financial assistance agreement, as identified
39 in section twenty-nine hundred ninety-one of this title.
40 3. If the recipient fails to fulfill any obligation under the finan-
41 cial assistance agreement, or is found to have committed a violation of
42 any state or local law, rule or regulation relating to environmental
43 protection, taxation, financial assistance, protection of workers, or
44 minority or women-owned businesses by final judgment of a court or
45 administrative tribunal, the state authority or local authority shall
46 immediately suspend all financial assistance to the recipient and the
47 applicable recapture provisions set forth in subdivision one of this
48 section shall take effect. (a) The state authority or local authority
49 shall promptly issue a preliminary notice of default to the recipient
50 and provide an opportunity to cure. The recipient can cure the default
51 either by providing evidence documenting that the recipient is not in
52 default, or by meeting the obligations under the financial assistance
53 agreement within one month of notification of default. (b) If the recip-
54 ient of financial assistance fails to cure the default within twenty
55 business days of the issuance of notice, the state authority or local
56 authority shall promptly issue a final notice of default to the recipi-
A. 8203--A 6
1 ent who shall remit repayment based on the applicable recapture sched-
2 ule. (c) The recipient shall repay such assistance to the state authori-
3 ty, local authority, or state granting body at a rate of interest equal
4 to the prime rate, plus one percent as of the date of the notice. The
5 amount of repayment may be prorated according to any partial fulfillment
6 of the recipient's obligations under the agreement, as identified in the
7 subsidy recapture schedule. The local authority, state authority or
8 state granting body shall remit the recaptured subsidies to the relevant
9 local taxing jurisdiction. (d) If a recipient is required to repay
10 financial assistance under this subdivision, the recipient and any
11 subsidiary, parent or successor of the recipient shall be prohibited
12 from entering into a financial assistance agreement with any other state
13 or local authority or instrumentality of this state until the state
14 authority or local authority has received full repayment of the amount
15 due. (e) Whenever the attorney general has good reason to believe that
16 the recipient's failure to fulfill the financial assistance agreement
17 involves the state's interest, or that the recipient has committed a
18 substantial violation of the laws of this state, he or she may commence
19 an action to recover the financial assistance and for such other relief
20 as provided by law.
21 4. The authorities budget office shall annually compile a report on
22 the outcomes and effectiveness of recapture provisions by program,
23 including, but not limited to: (a) the total number of companies that
24 receive financial assistance as defined in this article; (b) the total
25 number of recipients in violation of development agreements; (c) the
26 total number of completed recapture efforts; (d) the total number of
27 recapture efforts initiated; and (e) the total number of waivers grant-
28 ed. Such report shall be disclosed consistent with the provisions of
29 section twenty-eight hundred of this article.
30 5. The state authority, local authority or state granting body may
31 elect to waive enforcement of any contractual provision arising out of
32 the financial assistance agreement, based on the finding that the waiver
33 is necessary to avert imminent and demonstrable hardship to the recipi-
34 ent, only after approval by the affected taxing jurisdictions. If the
35 waiver is granted, the recipient must agree to a contractual modifica-
36 tion to the financial assistance agreement that includes recapture
37 provisions.
38 § 2994. Unified economic development budget. 1. For each state fiscal
39 year ending on or after June thirtieth, two thousand fourteen, the
40 department of taxation and finance shall submit an annual unified
41 economic development budget to the governor, senate and assembly. The
42 unified economic development budget shall be due within three months
43 after the end of the fiscal year, and shall present all types of project
44 specific financial assistance granted during the prior fiscal year,
45 including, at a minimum:
46 (a) The amount of uncollected state tax revenues resulting from every
47 corporate tax credit, abatement, exemption and reduction provided by the
48 state or a local governmental unit including but not limited to gross
49 receipts, income, sales, use, raw materials, excise, property, utility,
50 and inventory taxes;
51 (b) The amount of uncollected state tax revenues resulting from every
52 tax exempt bond or loan provided by the state or a local governmental
53 unit;
54 (c) The amount of financial assistance provided from every grant by
55 the state or a local governmental unit;
A. 8203--A 7
1 (d) Estimates prepared by the commissioner of taxation and finance, in
2 conjunction with the director of the budget, of the cost of such finan-
3 cial assistance for the: (i) current taxable or calendar year; and (ii)
4 the five preceding years;
5 (e) The name of each corporate taxpayer which claimed any financial
6 assistance under paragraph (a), (b) or (c) of this subdivision of any
7 value equal to or greater than five thousand dollars, together with the
8 dollar amount received by each such corporation;
9 (f) Any tax credit, abatement, exemption or reduction received by a
10 corporation of less than five thousand dollars each shall not be item-
11 ized. The aggregate dollar amount of such expenditures and the number of
12 companies so aggregated for each tax expenditure shall be included;
13 (g) All state appropriated expenditures for economic development,
14 including expenditures for infrastructure improvements related to real
15 property for which the state would not pay absent the development
16 project, and line-item budgets for every state-funded entity concerned
17 with economic development;
18 (h) The provisions of law authorizing such tax expenditures, their
19 effective dates, the program, if any exists, through which the financial
20 assistance is granted, the agencies or entities that manage the program
21 and/or authorize the financial assistance, and, if applicable, the dates
22 on which such financial assistance expires or is reduced;
23 (i) Any recommendations of the governor regarding continuing, modify-
24 ing, or repealing such financial assistance, and such other information
25 regarding development expenditures as the executive may feel useful and
26 appropriate;
27 (j) If the governor's budget includes proposals for the expiration,
28 modification, or repeal of such financial assistance or for the addition
29 of financial assistance in or to such articles or such law, such report
30 shall also contain, to the extent reliable data are available, an analy-
31 sis of the number and types of persons and entities benefiting or
32 expected to benefit from such financial assistance, an estimate of the
33 costs of such financial assistance for the coming fiscal year, and an
34 explanation of the reasons for the proposals;
35 (k) General cautionary and advisory notes concerning limitations of
36 data, estimation procedures, sampling errors and imputed values, promi-
37 nently displayed.
38 § 2995. Restrictions on funds of local and state authorities. 1. No
39 financial assistance of the state authority or local authority shall be
40 used in respect of any project if the completion thereof would result in
41 the removal of all or any part of a facility or plant of the project
42 occupant from one area of the state to another area of the state or in
43 the abandonment of all or any part of one or more plants or facilities
44 of the project occupant located within the state, or in the loss of
45 employment in the labor market area from which the relocation occurs,
46 provided, however, that neither restriction shall apply if (a) the prior
47 consent of the affected taxing jurisdictions from which all or any part
48 of a facility or plant of the project occupant will be removed or aban-
49 doned is provided in writing and (b) the authority shall determine on
50 the basis of clear and convincing evidence that the project is reason-
51 ably necessary to discourage the project occupant from removing such
52 other plant or facility to a location outside the state or is reasonably
53 necessary to preserve the competitive position of the project occupant
54 in its respective industry.
55 2. Upon a complaint by a local or state elected official that finan-
56 cial assistance of an authority has resulted in the abandonment or
A. 8203--A 8
1 removal by a project occupant of all or any part of one or more plants
2 or facilities in such municipality, the authorities budget office or a
3 designee shall investigate such allegation and may schedule a public
4 hearing on the matter. If the authorities budget office determines that
5 the complaint is valid, the authority that provided the financial
6 assistance shall recapture the assistance from the project applicant,
7 and pay to the municipality an amount equal to the portion of tax or
8 taxes that the project applicant saved or avoided due to its relocation
9 and the authority is suspended from negotiating any financial assistance
10 agreements for one year.
11 3. No financial assistance of the state or local authority shall be
12 used to assist in the relocation of all or any part of a plant, facility
13 or operation from one location in the state with existing infrastructure
14 to another location in the state with no existing infrastructure.
15 § 2996. Designated board representation. Except as otherwise provided
16 by special act of the legislature, a state authority or local authority
17 shall consist of not less than three members who shall be appointed by
18 the governing body of each municipality and who shall serve for a term
19 of four years. Each board shall be representative of local businesses,
20 organized labor, community organizations, environmental organizations,
21 workforce development organizations, financial institutions, local
22 educational institutions and residents of the area. A member shall
23 continue to hold office until his or her successor is appointed and has
24 qualified. The governing body of each municipality shall designate the
25 first chairperson and file with the secretary of state a certificate of
26 appointment or reappointment of any member. Such members shall receive
27 no compensation for their services but shall be entitled to the neces-
28 sary expenses, including traveling expenses, incurred in the discharge
29 of their duties. Members must not be or have, within the past five
30 years, been:
31 1. an employee or an owner of a firm that is a paid advisor or
32 consultant of the authority, including a present or former independent
33 auditor of the authority;
34 2. employed by a significant supplier of the authority;
35 3. employed by and had a five percent or greater ownership interest in
36 a supplier where sales to the authority represent more than one percent
37 of the sales of the supplier or more than one percent of the purchases
38 of the authority; and
39 4. a lobbyist registered under a state or local law covering any
40 jurisdiction served in whole or in part by the authority.
41 § 2997. Targeted hire. 1. Notwithstanding any other provision of law
42 to the contrary, and except as is otherwise provided by collective
43 bargaining contracts or agreements, recipients of more than one hundred
44 thousand dollars in cumulative financial assistance by local and state
45 authorities, as well as covered employers, shall ensure that (a) fifty
46 percent of construction and non-construction worker hours performed on
47 the project benefiting from the financial assistance are performed by
48 residents of a New York metropolitan statistical area (MSA), micropoli-
49 tan statistical area (MiSA), or county that is not designated as an MSA
50 or MiSA, as defined by the United States bureau of labor statistics,
51 that contains the project or any part thereof, and in which the most
52 recent census determines that the poverty or unemployment rate is higher
53 than the average (aggregated) poverty or unemployment rate of the
54 regional labor market states of New York, Connecticut, Massachusetts,
55 New Jersey, Pennsylvania and Vermont; and (b) twenty-five percent of
A. 8203--A 9
1 construction worker hours performed on the project benefiting from the
2 financial assistance are performed by apprentices.
3 2. If the percentage targeted hiring requirements of subdivision one
4 of this section have not been satisfied for a project, the recipient
5 nonetheless may be deemed to be in compliance if it demonstrates that it
6 and each covered employer have either (a) satisfied the targeted hiring
7 requirements with regard to the project work that each has performed or
8 (b) satisfactorily demonstrated the following: (i) adherence to proce-
9 dures contained in an approved targeted hiring plan; (ii) as appropri-
10 ate, made requests to unions, using proper forms, of sufficient numbers
11 of targeted workers and apprentices to meet the targeted hiring percent-
12 ages set forth in subdivision one of this section; (iii) as appropriate,
13 documented contact with the appropriate agency representative in each
14 instance when the relevant union did not refer qualified targeted work-
15 ers within the forty-eight hours following the contractor's request;
16 (iv) fair consideration by the recipient and covered employers of any
17 targeted worker received from any referral source; (v) accurate records
18 documenting the recipient's and covered employers' compliance efforts
19 that include, but are not limited to, the following: (1) a listing by
20 name and address of all local recruitment sources contacted by the
21 recipient and covered employers; (2) the number of targeted worker hires
22 made as a result of the contact; (3) the identity and address of the
23 worker or workers hired pursuant to the contact; (4) documentation when
24 a targeted worker was not hired (including the reason for non-hire)
25 and/or premature termination; (5) for construction projects only, recip-
26 ients shall also include the date of the local recruitment contact and
27 the identity of the person contacted, the trade and classification and
28 number of hire referrals requested.
29 3. Financial assistance recipients shall guarantee that all covered
30 employers operating on their premises or on the premises of real proper-
31 ty improved or developed with financial assistance comply with the
32 requirements of this section.
33 4. Nothing herein shall be construed to require any recipient or
34 covered employer to offer employment to any particular individual, or
35 otherwise affect the authority of any employer with regard to personnel
36 matters.
37 5. A complaint for a violation of this section may be filed by an
38 affected employee, job applicant, or by an organization representing
39 such employee, pursuant to the procedures under articles eight and nine
40 of the labor law.
41 6. The relevant fiscal officer, as defined in subdivision eight of
42 section two hundred thirty of the labor law, shall have the authority to
43 ensure compliance with the provisions of this section. Monitoring
44 activities may include requests to produce documentation including the
45 provision of certified payrolls, site visits, interviews, review of
46 required reports, and any other monitoring activities the fiscal officer
47 reasonably finds necessary to assess compliance with this section.
48 Covered employers shall cooperate fully and promptly with any inquiries
49 the fiscal officer deems necessary in order to monitor compliance with
50 this section. The fiscal officer may review a covered employer's
51 compliance with this section either on its own initiative or after
52 receiving a complaint or inquiry from a member of the public or city or
53 state staff.
54 7. State authorities, local authorities, or any other state granting
55 bodies shall prepare quarterly targeted hire reports listing each subsi-
56 dy recipient, whether it is subject to subdivision one of this section,
A. 8203--A 10
1 and whether it has met the percent targeted hire requirements identified
2 in subdivision one of this section. The report shall identify the
3 percentage of workers in each project that reside in an MSA, MiSA or
4 county not designated as an MSA or MiSA and containing the project, as
5 well as the percentage of workers that are New York residents. These
6 reports shall be available to the public. Data from the quarterly
7 reports may be used to compile the annual report, identified in section
8 twenty-eight hundred of this article.
9 8. The fiscal officer shall promptly notify the state or local public
10 authority after a final judgment determining that the employer has
11 violated this section. Upon receipt of such notice, the authority shall
12 immediately suspend financial assistance to the recipient. The recipient
13 shall repay such assistance to the authority pursuant to section twen-
14 ty-nine hundred ninety-three of this title.
15 9. Nothing in this section shall be construed as prohibiting or
16 conflicting with any law, obligation, or collective bargaining agreement
17 that requires greater levels of targeted hiring for recipients or
18 covered employers.
19 10. Any person aggrieved by a violation of this section, any entity a
20 member of which is aggrieved by a violation of this section, or any
21 other person or entity acting on behalf of the public as provided for
22 under applicable state law, may bring a civil action in a court of
23 competent jurisdiction against the recipient or covered employer violat-
24 ing this section and, upon prevailing, shall be awarded reasonable
25 attorneys' fees and costs and shall be entitled to such legal or equita-
26 ble relief as may be appropriate to remedy the violation. Provided,
27 however, that any person or entity enforcing this title on behalf of the
28 public as provided for under applicable state law shall, upon prevail-
29 ing, be entitled only to equitable, injunctive or restitutionary relief
30 to employees or job applicants, and reasonable attorneys' fees and
31 costs.
32 § 2998. Payments in lieu of taxes. No payment in lieu of taxes agree-
33 ment shall be for a period of time longer than five years. The agreement
34 shall be renewable for one additional period of five years, so long as
35 the recipient has met the conditions of the financial assistance agree-
36 ment and after a vote by the relevant board.
37 § 5. Paragraph (a) of subdivision 1 and paragraph (a) of subdivision 2
38 of section 2800 of the public authorities law, as amended by chapter 506
39 of the laws of 2009, are amended to read as follows:
40 (a) For the purpose of furnishing the state with systematic informa-
41 tion regarding the status and the activities of public authorities,
42 every state authority continued or created by this chapter or any other
43 chapter of the laws of the state of New York shall submit to the gover-
44 nor, the chairman and ranking minority member of the senate finance
45 committee, the chairman and ranking minority member of the assembly ways
46 and means committee, the state comptroller, and the authorities budget
47 office, within ninety days after the end of its fiscal year, a complete
48 and detailed report or reports setting forth: (1) its operations and
49 accomplishments; (2) its financial reports, including (i) audited finan-
50 cials in accordance with all applicable regulations and following gener-
51 ally accepted accounting principles as defined in subdivision ten of
52 section two of the state finance law, (ii) grant and subsidy programs,
53 (iii) operating and financial risks, (iv) current ratings, if any, of
54 its bonds issued by recognized municipal bond rating agencies and notice
55 of changes in such ratings, and (v) long-term liabilities, including
56 leases and employee benefit plans; (3) its mission statement and meas-
A. 8203--A 11
1 urements including its most recent measurement report; (4) a schedule of
2 its bonds and notes outstanding at the end of its fiscal year, together
3 with a statement of the amounts redeemed and incurred during such fiscal
4 year as part of a schedule of debt issuance that includes the date of
5 issuance, term, amount, interest rate and means of repayment. Addi-
6 tionally, the debt schedule shall also include all refinancings, calls,
7 refundings, defeasements and interest rate exchange or other such agree-
8 ments, and for any debt issued during the reporting year, the schedule
9 shall also include a detailed list of costs of issuance for such debt;
10 (5) a compensation schedule, in addition to the report described in
11 section twenty-eight hundred six of this title, that shall include, by
12 position, title and name of the person holding such position or title,
13 the salary, compensation, allowance and/or benefits provided to any
14 officer, director or employee in a decision making or managerial posi-
15 tion of such authority whose salary is in excess of one hundred thousand
16 dollars; (5-a) biographical information, not including confidential
17 personal information, for all directors and officers and employees for
18 whom salary reporting is required under subparagraph five of this para-
19 graph; (6) the projects undertaken by such authority during the past
20 year, made available to the public in an electronic non-proprietary and
21 downloadable database, that shall include but not be limited to:
22 (i) Project description: (a) name and address of project applicant,
23 including names of principal officers, any parent or subsidiary corpo-
24 rations and major shareholders; (b) name of the site consultants,
25 project architect, engineer and contractors; (c) project description,
26 including address, block and lot, property and building size, proposed
27 start and completion dates for the financial transaction, project goals,
28 and description of project tenants; (d) electronic link to the final
29 application, the financial assistance agreement, the cost benefit analy-
30 sis, environmental impact assessment and/or environmental impact state-
31 ment, and where applicable the quarterly targeted hire report; (e)
32 whether project is located in an area of high economic distress or on a
33 brownfield opportunity area; (f) the amount, type and date of capital
34 investment to be provided by the recipient, originally committed and to
35 date; (g) amount, type, and date of public infrastructure investments
36 made by recipient, originally committed and to date; (h) amount and type
37 of affordable housing to be built, if any, originally committed and to
38 date; (i) NAICS code for project; (j) the public purpose of the project;
39 (k) amount and type of point source and non-point source pollution
40 resulting from the project, if any, annually and to date; (l) amount and
41 type of energy use at project location, originally benchmarked and to
42 date; and (m) amount of greenhouse gas emissions at project location
43 originally benchmarked and to date;
44 (ii) Financial assistance: (a) categorized description of the total
45 amount and type of financial assistance provided by the authority over
46 the life of the agreement, amount committed to date, and amount commit-
47 ted during the prior fiscal year, including the value of any property
48 sold or leased at less than fair market value; (b) description of the
49 net amount and type of financial assistance provided by the authority
50 over the life of the agreement, amount committed to date, and amount
51 committed during the prior fiscal year, and where applicable, the
52 amount, type, and date of PILOT payments by tax jurisdiction, original
53 and to date; (c) attachment of the yearly schedule of exemptions and
54 other benefits committed by the authority for each year of the life of
55 the deal; (d) amount of public assistance, total, by program, and by
56 type of financial assistance, committed to the project by all other
A. 8203--A 12
1 federal, state, county, and local programs as of the date of the
2 execution of the agreement, as well as updated for the prior fiscal
3 year; and (e) amount and type of infrastructure investments incurred by
4 federal, state, county, and local governments on behalf of the project.
5 (iii) Project criteria: (a) number and types of full-time and part-
6 time jobs existing at the project on the date the original agreement was
7 executed, and median annual wage and benefit levels by job classifica-
8 tion; (b) number and types of full-time and part-time jobs originally
9 committed, as per financial assistance agreement, and median annual wage
10 and benefit levels by job classification; (c) number of full time and
11 part time jobs retained to date; (d) number of full time and part time
12 temporary construction jobs created by applicant and by project tenants
13 to date; (e) number of full time and part time non-construction jobs
14 created by applicant and by project tenants to date; (f) median annual
15 wage and benefit levels by job classification of full time and part
16 time, construction and non-construction jobs created and retained to
17 date; (g) actual date of hire for construction and non-construction
18 jobs; (h)(1) number and percent of total jobs created to date of New
19 York residents, separated by construction and non-construction employ-
20 ees; (2) number and percent of total jobs created to date of local resi-
21 dents, defined as those residing within the metropolitan statistical
22 area (MSA), micropolitan statistical area (MiSA), or county not within
23 an MSA or MiSA, in which the project occurs, separated by construction
24 and non-construction employees; (i) recipient use of union construction
25 apprenticeship programs or any other local workforce development
26 program, original and to date; (j) whether or not the project complied
27 with each aspect of the state smart growth public infrastructure policy
28 act; (k) the benchmarks for the current reporting year; (l) whether or
29 not the project has met each benchmark and if not, the financial assist-
30 ance amount the authority has recaptured during the current year and to
31 date; and (m) whether the project has a subsidy recapture provision.
32 (iv) Other: (a) whether recipient, its officers, principals, parent
33 company, subsidiaries or major shareholders have (1) violated the
34 prevailing wage law under article eight of the labor law or the federal
35 Davis-Bacon act; (2) violated state or federal laws relating to unem-
36 ployment compensation, workers' compensation, occupational health and
37 safety, employee misclassification, employment disability, employment
38 discrimination, or other labor laws; (3) violated state or federal envi-
39 ronmental protection laws; (4) failed to file federal, state or local
40 tax returns, any tax liabilities, judgments or liens, and violations of
41 agreements or laws under which a tax credit, tax exemption, loan or
42 grant was awarded by any federal, state or local entity; and (5) disclo-
43 sure of any investigations started or pending; (b) a description of such
44 violations; and (c) a statement as to whether the use of the financial
45 assistance during the previous fiscal year has reduced employment at any
46 other site controlled by the recipient corporation or its corporate
47 parent, within or without the state as a result of automation, merger,
48 acquisition, corporate restructuring or other business activity.
49 (v) Prior projects. Where information requested under this subdivision
50 is not required to be collected because the project was approved prior
51 to the effective date of title thirteen of this article, it shall be
52 noted accordingly in the report.
53 (vi) Duration. The database shall be for the period commencing on the
54 date that the financial assistance agreement and any other documents
55 applicable to such project have been executed through the final year
56 that such entity receives assistance for such project. At such point,
A. 8203--A 13
1 data on recipients of financial assistance shall be archived and avail-
2 able to the public; (7) a listing and description available to the
3 public in a non-proprietary electronic database, in addition to the
4 report required by paragraph a of subdivision three of section twenty-
5 eight hundred ninety-six of this article of all real property of such
6 authority having an estimated fair market value in excess of fifteen
7 thousand dollars that the authority acquires or disposes of through sale
8 or lease during such period. The report shall contain the price received
9 or paid by the authority, the fair market value at the time of sale or
10 lease, and the name of the purchaser or seller for all such property
11 sold or bought by the authority during such period; (8) such authority's
12 code of ethics; (9) an assessment of the effectiveness of its internal
13 control structure and procedures; (10) a copy of the legislation that
14 forms the statutory basis of the authority; (11) a description of the
15 authority and its board structure, including (i) names of committees and
16 committee members, (ii) lists of board meetings and attendance, (iii)
17 descriptions of major authority units, subsidiaries, [and] (iv) number
18 of employees, and (v) organizational chart; (12) its charter, if any,
19 and by-laws; (13) a listing of material changes in operations and
20 programs during the reporting year; (14) at a minimum a four-year finan-
21 cial plan, including (i) a current and projected capital budget, and
22 (ii) an operating budget report, including an actual versus estimated
23 budget, with an analysis and measurement of financial and operating
24 performance; (15) its board performance evaluations, including attend-
25 ance and voting records by each board member; [provided, however, that
26 such evaluations shall not be subject to disclosure under article six of
27 the public officers law;] (16) a description of the total amounts of
28 assets, services or both assets and services bought or sold without
29 competitive bidding, including (i) the nature of those assets and
30 services, (ii) the names of the counterparties, and (iii) where the
31 contract price for assets purchased exceeds fair market value, or where
32 the contract price for assets sold is less than fair market value, a
33 detailed explanation of the justification for making the purchase or
34 sale without competitive bidding, and a certification by the chief exec-
35 utive officer and chief financial officer of the public authority that
36 they have reviewed the terms of such purchase or sale and determined
37 that it complies with applicable law and procurement guidelines; and
38 (17) a description of any material pending litigation in which the
39 authority is involved as a party during the reporting year, except that
40 no hospital need disclose information about pending malpractice claims
41 beyond the existence of such claims.
42 (a) Every local authority, continued or created by this chapter or any
43 other chapter of the laws of the state of New York shall submit to the
44 chief executive officer, the chief fiscal officer, the chairperson of
45 the legislative body of the local government or local governments and
46 the authorities budget office, within ninety days after the end of its
47 fiscal year, a complete and detailed report or reports setting forth:
48 (1) its operations and accomplishments; (2) its financial reports,
49 including (i) audited financials in accordance with all applicable regu-
50 lations and following generally accepted accounting principles as
51 defined in subdivision ten of section two of the state finance law, (ii)
52 grants and subsidy programs, (iii) operating and financial risks, (iv)
53 current ratings if any, of its bonds issued by recognized municipal bond
54 rating agencies and notice of changes in such ratings, and (v) long-term
55 liabilities, including leases and employee benefit plans; (3) its
56 mission statement and measurements including its most recent measurement
A. 8203--A 14
1 report; (4) a schedule of its bonds and notes outstanding at the end of
2 its fiscal year, together with a statement of the amounts redeemed and
3 incurred during such fiscal year as part of a schedule of debt issuance
4 that includes the date of issuance, term, amount, interest rate and
5 means of repayment. Additionally, the debt schedule shall also include
6 all refinancings, calls, refundings, defeasements and interest rate
7 exchange or other such agreements, and for any debt issued during the
8 reporting year, the schedule shall also include a detailed list of costs
9 of issuance for such debt; (5) a compensation schedule in addition to
10 the report described in section twenty-eight hundred six of this title
11 that shall include, by position, title and name of the person holding
12 such position or title, the salary, compensation, allowance and/or bene-
13 fits provided to any officer, director or employee in a decision making
14 or managerial position of such authority whose salary is in excess of
15 one hundred thousand dollars; (5-a) biographical information, not
16 including confidential personal information, for all directors and offi-
17 cers and employees for whom salary reporting is required under subpara-
18 graph five of this paragraph; (6) the projects undertaken by such
19 authority during the past year, made available to the public in an elec-
20 tronic non-proprietary and downloadable database, that shall include but
21 not be limited to: (i) Project description: (a) name and address of
22 project applicant, including names of principal officers, any parent or
23 subsidiary corporations and major shareholders; (b) name of the site
24 consultants, project architect, engineer and contractors; (c) project
25 description, including address, block and lot, property and building
26 size, proposed start and completion dates for the financial transaction,
27 project goals, and description of project tenants; (d) electronic link
28 to the final application, the financial assistance agreement, the cost
29 benefit analysis, environmental impact assessment and/or environmental
30 impact statement, and where applicable the quarterly targeted hire
31 report; (e) whether project is located in an area of high economic
32 distress or on a brownfield opportunity area; (f) the amount, type and
33 date of capital investment to be provided by the recipient, originally
34 committed and to date; (g) amount, type, and date of public infrastruc-
35 ture investments made by recipient, originally committed and to date;
36 (h) amount and type of affordable housing to be built, if any,
37 originally committed and to date; (i) NAICS code for project; (j) the
38 public purpose of the project; (k) amount and type of point source and
39 non-point source pollution resulting from the project, if any, annually
40 and to date; (l) amount and type of energy use at project location,
41 originally benchmarked and to date; and (m) amount of greenhouse gas
42 emissions at project location originally benchmarked and to date.
43 (ii) Financial assistance: (a) categorized description of the total
44 amount and type of financial assistance provided by the authority over
45 the life of the agreement, amount committed to date, and amount commit-
46 ted during the prior fiscal year, including the value of any property
47 sold or leased at less than fair market value; (b) description of the
48 net amount and type of financial assistance provided by the authority
49 over the life of the agreement, amount committed to date, and amount
50 committed during the prior fiscal year, and where applicable, the
51 amount, type, and date of PILOT payments by tax jurisdiction, original
52 and to date; (c) attachment of the yearly schedule of exemptions and
53 other benefits committed by the authority for each year of the life of
54 the deal; (d) amount of public assistance, total, by program, and by
55 type of financial assistance, committed to the project by all other
56 federal, state, county, and local programs as of the date of the
A. 8203--A 15
1 execution of the agreement, as well as updated for the prior fiscal
2 year; and (e) amount and type of infrastructure investments incurred by
3 federal, state, county, and local governments on behalf of project.
4 (iii) Project criteria, where applicable: (a) number and types of
5 full-time and part-time jobs existing at the project on the date the
6 original agreement was executed, and median annual wage and benefit
7 levels by job classification; (b) number and types of full-time and
8 part-time jobs originally committed, as per financial assistance agree-
9 ment, and median annual wage and benefit levels by job classification;
10 (c) number of full time and part time jobs retained to date; (d) number
11 of full time and part time construction jobs created by applicant and by
12 project tenants to date; (e) number of full time and part time non-con-
13 struction jobs created by applicant and by project tenants to date; (f)
14 median annual wage and benefit levels by job classification of full time
15 and part time, construction and non-construction jobs created and
16 retained to date; (g) actual date of hire for construction and non-con-
17 struction jobs; (h) number and percent of total jobs created to date of
18 New York residents, separated by construction and non-construction
19 employees; (i) number and percent of total jobs created to date of local
20 residents, defined as those residing within the metropolitan statistical
21 area (MSA), micropolitan statistical area (MiSA), or county not within
22 an MSA or MiSA, in which the project occurs, separated by construction
23 and non-construction employees; (j) recipient use of union construction
24 apprenticeship programs or any other local workforce development
25 program, original and to date; (k) whether or not the project complied
26 with each aspect of the State Smart Growth Public Infrastructure Policy
27 Act; (l) the benchmarks for the current reporting year; (m) whether or
28 not the project has met each benchmark and if not, the financial assist-
29 ance amount the authority has recaptured during the current year and to
30 date; (n) whether the project has a subsidy recapture provision.
31 (iv) Other: (a) whether recipient, its officers, principals, parent
32 company, subsidiaries or major shareholders have (1) violated the
33 prevailing wage law under article eight of the labor law or the federal
34 Davis-Bacon act; (2) violated state or federal laws relating to unem-
35 ployment compensation, workers' compensation, occupational health and
36 safety, employee misclassification, employment disability, employment
37 discrimination, or other labor laws; (3) violated state or federal envi-
38 ronmental protection laws; (4) failed to file federal, state or local
39 tax returns, any tax liabilities, judgments or liens, and violations of
40 agreements or laws under which a tax credit, tax exemption, loan or
41 grant was awarded by any federal, state or local entity; and (5) disclo-
42 sure of any investigations started or pending; (b) a description of such
43 violations; and (c) a statement as to whether the use of the financial
44 assistance during the previous fiscal year has reduced employment at any
45 other site controlled by the recipient corporation or its corporate
46 parent, within or without the state as a result of automation, merger,
47 acquisition, corporate restructuring or other business activity.
48 (v) Prior projects. Where information requested under subdivision two
49 of this section is not required to be collected because the project was
50 approved prior to the adoption of this law, it shall be noted according-
51 ly in the report.
52 (vi) The database shall be for the period commencing on the date that
53 the financial assistance agreement and any other documents applicable to
54 such project have been executed through the final year that such entity
55 receives assistance for such project. At such point, data on recipients
56 of financial assistance shall be archived and available to the public;
A. 8203--A 16
1 (7) a listing and description available to the public in a non-proprie-
2 tary electronic database, in addition to the report required by para-
3 graph a of subdivision three of section twenty-eight hundred ninety-six
4 of this article of all real property of such authority having an esti-
5 mated fair market value in excess of fifteen thousand dollars that the
6 authority acquires or disposes of through sale or lease during such
7 period. The report shall contain the price received or paid by the
8 authority, the fair market value at the time of sale or lease, and the
9 name of the purchaser or seller for all such property sold or bought by
10 the authority during such period; (8) such authority's code of ethics;
11 (9) an assessment of the effectiveness of its internal control structure
12 and procedures; (10) a copy of the legislation that forms the statutory
13 basis of the authority; (11) a description of the authority and its
14 board structure, including (i) names of committees and committee
15 members, (ii) lists of board meetings and attendance, (iii) descriptions
16 of major authority units, subsidiaries, (iv) number of employees, and
17 (v) organizational chart; (12) its charter, if any, and by-laws; (13) a
18 listing of material changes in operations and programs during the
19 reporting year; (14) at a minimum a four-year financial plan, including
20 (i) a current and projected capital budget, and (ii) an operating budget
21 report, including an actual versus estimated budget, with an analysis
22 and measurement of financial and operating performance; (15) its board
23 performance evaluations [provided, however, that such evaluations shall
24 not be subject to disclosure under article six of the public officers
25 law], including attendance, voting records by each board member, and
26 categorization of each board member according to section twenty-nine
27 hundred ninety-six of this article; (16) a description of the total
28 amounts of assets, services or both assets and services bought or sold
29 without competitive bidding, including (i) the nature of those assets
30 and services, (ii) the names of the counterparties, and (iii) where the
31 contract price for assets purchased exceeds fair market value, or where
32 the contract price for assets sold is less than fair market value, a
33 detailed explanation of the justification for making the purchase or
34 sale without competitive bidding, and a certification by the chief exec-
35 utive officer and chief financial officer of the public authority that
36 they have reviewed the terms of such purchase or sale and determined
37 that it complies with applicable law and procurement guidelines; and
38 (17) a description of any material pending litigation in which the
39 authority is involved as a party during the reporting year, except that
40 no provider of medical services need disclose information about pending
41 malpractice claims beyond the existence of such claims.
42 § 6. Subdivision 1 of section 2800 of the public authorities law is
43 amended by adding a new paragraph (d) to read as follows:
44 (d) Nothing in this section shall be construed as prohibiting or
45 conflicting with any law or obligation that requires higher standards
46 for annual reporting by a state public authority.
47 § 7. Subdivision 2 of section 2800 of the public authorities law is
48 amended by adding two new paragraphs (c) and (d) to read as follows:
49 (c) The authorities budget office shall make accessible to the public,
50 via its official or shared internet web site, documentation pertaining
51 to each authority's mission, current activities, most recent annual
52 financial reports, current year budget and its most recent independent
53 audit report unless such information is covered by subdivision two of
54 section eighty-seven of the public officers law.
A. 8203--A 17
1 (d) Nothing in this section shall be construed as prohibiting or
2 conflicting with any law or obligation that requires higher standards
3 for annual reporting by a local public authority.
4 § 8. This act shall take effect on the ninetieth day after it shall
5 have become a law, provided, however, that effective immediately, the
6 addition, amendment and/or repeal of any rule or regulation necessary
7 for the implementation of this act on its effective date is authorized
8 to be made and completed on or before such date.
