Requires a semiannual employee resident report from employers with over twenty-five employees; requires the department of economic development and the authorities budget office to ensure compliance by companies in submitting such information.
STATE OF NEW YORK
________________________________________________________________________
9371
IN SENATE
March 5, 2026
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend chapter 174 of the laws of 1968, constituting the New
York state urban development corporation act and the public
authorities law, in relation to establishing a semiannual employee
resident report
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 58 of section 1 of chapter 174 of
2 the laws of 1968, constituting the New York state urban development
3 corporation act, as added by section 1 of part NNN of chapter 58 of the
4 laws of 2022, is amended by adding three new paragraphs (g), (h) and (i)
5 to read as follows:
6 (g) "Closing date" means the last day of a qualified participant's
7 last pay period before June 30 and December 31 of each calendar year.
8 (h) "Reside" means, for purposes of determining whether an employee
9 resides in the zip code or zip codes where the project is located or
10 does not reside in the zip code or zip codes where the project is
11 located, the payroll records of the qualified participant reflecting the
12 employee's home address as provided by the employee are determinative.
13 (i) "Classification" means whether an employee is in a "management" or
14 "non-management" position as determined under 29 CFR 541.100, with
15 "management" to hold the same meaning as "employee employed in a bona
16 fide executive capacity".
17 § 2. Section 58 of section 1 of chapter 174 of the laws of 1968,
18 constituting the New York state urban development corporation act, as
19 added by section 1 of part NNN of chapter 58 of the laws of 2022, is
20 amended by adding a new subdivision 2-a to read as follows:
21 2-a. (a) Each qualified participant with more than twenty-five employ-
22 ees, on or before February 1 and August 1 of each calendar year shall
23 file with the department of economic development the semiannual employee
24 residency report described in this subdivision. The department of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15104-01-6
S. 9371 2
1 economic development may not charge or collect a filing or other fee for
2 such report.
3 (b) The semiannual employee residency report due February 1 is a
4 report for a reporting period from July 1 to the ensuing closing date of
5 the prior year; the semiannual employee residency report due August 1 is
6 a report for a reporting period from January 1 to the ensuing closing
7 date of that same year.
8 (c) The semiannual employee residency report shall contain:
9 (i) The name of the qualified participant, both its official name and
10 any doing-business-as name;
11 (ii) The reporting period of the report;
12 (iii) The address or addresses of the qualified participant's place or
13 places of business in the state;
14 (iv) The total number of employees employed by the qualified partic-
15 ipant on the applicable closing date, and, separately, the number of
16 such employees:
17 (A) Who reside in the zip code or zip codes where the project is
18 located; and
19 (B) Who do not reside in the zip code or zip codes where the project
20 is located;
21 (v) The aggregate number of hours of work performed by its employees
22 during the reporting period and, separately, the number of hours of work
23 performed by employees:
24 (A) Who reside in the zip code or zip codes where the project is
25 located; and
26 (B) Who do not reside in the zip code or zip codes where the project
27 is located;
28 (vi) The actual average wage by occupation or job classification and
29 total payroll to be created as a result of the benefits as of the appli-
30 cable closing date by the number of such employees:
31 (A) Who reside in the zip code or zip codes where the project is
32 located; and
33 (B) Who do not reside in the zip code or zip codes where the project
34 is located;
35 (vii) Any additional information, commentary or explanation that the
36 qualified participant may choose to include; and
37 (viii) A certification by an authorized representative of the quali-
38 fied participant with knowledge of the facts reported in the report
39 stating that the contents thereof are true and acknowledging the penalty
40 for false certifications if the contents thereof are not true.
41 (d) Other than the name of the certifying representative required by
42 paragraph (h) of this subdivision, the semiannual employee residency
43 report shall not contain the name of any individual employee, such
44 employee's residential street address, or such employee's specific wage,
45 salary, or compensation, or any other similar personal information about
46 any employee.
47 (e) Every semiannual employee residency report required by this subdi-
48 vision is public information upon being filed with the department of
49 economic development and shall be disclosed on demand to any person
50 requesting the same under applicable public record laws.
51 (f) A qualified participant who is required to file the semiannual
52 employee residency report but fails to do so by the date required or who
53 purposely, knowingly, or recklessly includes one or more materially
54 false statements shall be in violation of this subdivision, and may be
55 subject to an enforcement action by the department of economic develop-
56 ment, pursuant to contractual provisions between the department and the
S. 9371 3
1 qualified participant requiring the keeping and maintaining of accurate
2 records.
3 (g) Each qualified participant shall keep and maintain records suffi-
4 cient to establish the accuracy of each semiannual employee residency
5 report for seven years from the due date of each such report.
6 (h) The department of economic development may adopt and publish
7 frequently asked questions and/or guidance documents necessary or appro-
8 priate to interpret this subdivision and to guide and ensure compliance
9 with this subdivision. The department of economic development may estab-
10 lish and provide a method for the electronic submission and filing of
11 reports required by this subdivision.
12 § 3. Paragraphs (v), (xiv) and (xv) of subdivision 3 of section 58 of
13 section 1 of chapter 174 of the laws of 1968, constituting the New York
14 state urban development corporation act, as added by section 1 of part
15 NNN of chapter 58 of the laws of 2022, are amended and four new para-
16 graphs (xvi), (xvii), (xviii) and (xix) are added to read as follows:
17 (v) for any aggregate economic development benefit that provides for
18 job retention or job creation that a qualified participant is receiving,
19 the total job creation commitments, job retention commitments, job
20 creation actual number, and the job retention actual number, displayed
21 in terms of full-time equivalents and part-time jobs, and in terms of
22 classification, shall each be displayed as separate and searchable
23 fields;
24 (xiv) a user-friendly guide to outline the features and functionality
25 of the database; [and]
26 (xv) a dedicated email account for the public to direct questions
27 related to the database[.];
28 (xvi) for each individual project receiving aggregate economic devel-
29 opment benefits, the six-digit code and category of business receiving
30 the incentive under the North American Industry Classification System
31 adopted by the United States Office of Management and Budget as of Janu-
32 ary first, two thousand twenty-two;
33 (xvii) for each individual project receiving aggregate economic devel-
34 opment benefits, the total number of employees employed by the qualified
35 participant on the applicable closing date, and, separately, the number
36 of such employees:
37 (A) Who reside in the zip code or zip codes where the project is
38 located; and
39 (B) Who do not reside in the zip code or zip codes where the project
40 is located;
41 (xviii) for each individual project receiving aggregate economic
42 development benefits, the aggregate number of hours of work performed by
43 its employees during the reporting period and, separately, the number of
44 hours of work performed by employees:
45 (A) Who reside in the zip code or zip codes where the project is
46 located; and
47 (B) Who do not reside in the zip code or zip codes where the project
48 is located; and
49 (xix) for each individual project receiving aggregate economic devel-
50 opment benefits, the actual average wage by occupation or job classi-
51 fication and total payroll to be created as a result of the benefits,
52 the total number of employees who earn compensation at the rate set
53 forth in each pay band as of the applicable closing date, and, separate-
54 ly, the number of such employees:
55 (A) Who reside in the zip code or zip codes where the project is
56 located; and
S. 9371 4
1 (B) Who do not reside in the zip code or zip codes where the project
2 is located.
3 § 4. Section 58 of section 1 of chapter 174 of the laws of 1968,
4 constituting the New York state urban development corporation act, as
5 added by section 1 of part NNN of chapter 58 of the laws of 2022, is
6 amended by adding a new subdivision 7 to read as follows:
7 7. None of the reporting requirements required by this section shall
8 apply to the COVID-19 capital costs tax credit established pursuant to
9 section 47 of the tax law.
10 § 5. Subdivisions 1 and 2 of section 8 of the public authorities law,
11 as added by section 1 of subpart A of part SS of chapter 58 of the laws
12 of 2024, are amended and three new subdivisions 2-a, 4 and 5 are added
13 to read as follows:
14 1. For the purposes of this section, the following terms shall have
15 the following meanings:
16 (a) "Economic development benefits" shall mean:
17 (i) funds made available by a local [development corporation for
18 economic development, or job creation purposes including, but not limit-
19 ed to, grants, loans, and bonds; and
20 (ii) bonds and tax exemptions which are applied for and preapproved or
21 certified by or on behalf of an industrial development agency for
22 economic development.] authority, including without limitation any enti-
23 ty created incorporated pursuant to section fourteen hundred eleven of
24 the not-for-profit corporation law, for economic development, or job
25 creation purposes including, but not limited to, grants, loans, loan
26 guarantees, loan interest subsidies, and subsidies; and
27 (ii) tax credits, tax exemptions, reduced tax rates or other tax
28 incentives which are applied for and preapproved or certified by or on
29 behalf of a local authority, including without limitation any entity
30 created incorporated pursuant to section fourteen hundred eleven of the
31 not-for-profit corporation law, for economic development.
32 (b) "Qualified participant" shall mean a [project operator pursuant to
33 section eight hundred seventy-four of the general municipal law with a
34 project pursuant to section eight hundred fifty-four of the general
35 municipal law] person, business, limited liability corporation or any
36 other entity that has applied for and received benefits as defined in
37 paragraph (a) of this subdivision.
38 (b-1) "Additional state economic development benefits" shall mean
39 those economic development benefits made available to the local authori-
40 ty, including without limitation any entity created incorporated pursu-
41 ant to section fourteen hundred eleven of the not-for-profit corporation
42 law, by a state entity to award such benefits to qualified recipients.
43 (c) "Full-time equivalent" shall mean a unit of measure, which is
44 equal to one filled, full-time, annual-salaried position [in a manner
45 consistent with federal calculations].
46 (d) "The office" shall mean the authorities budget office.
47 (e) "The database" or "the searchable database" shall mean the data-
48 base created pursuant to subdivision two or two-a of this section.
49 (f) "The project" shall mean specific work, action, endeavor, contract
50 or agreement for which any economic benefit as defined in paragraph (a)
51 of this subdivision, is made available or awarded by a local [develop-
52 ment corporation] authority or industrial development agency, including
53 without limitation any entity created incorporated pursuant to section
54 fourteen hundred eleven of the not-for-profit corporation law, or indus-
55 trial development agency to a person, business, limited liability corpo-
56 ration or any other entity.
S. 9371 5
1 (g) "Project hires" shall mean a job in which an individual is hired
2 for a season or for a limited period of time.
3 (h) "Part-time job" shall mean a job in which an individual is
4 employed by a qualified participant for less than thirty-five hours a
5 week.
6 (i) "Closing date" means the last day of a qualified participant's
7 last pay period before June thirtieth and December thirty-first of each
8 calendar year.
9 (j) "Reside" means, for purposes of determining whether an employee
10 resides in the zip code or zip codes where the project is located or
11 does not reside in the zip code or zip codes where the project is
12 located, the payroll records of the qualified participant reflecting the
13 employee's home address as provided by the employee are determinative.
14 2. Notwithstanding any laws to the contrary, the office shall create a
15 searchable database, displaying data regarding economic development
16 benefits that a qualified participant has been awarded. Such searchable
17 database shall also separately display data regarding additional state
18 economic development benefits and the aggregate total of benefits
19 defined in paragraph (a) of subdivision one of this section, to the
20 extent that such data has been made available to and is received by the
21 office in the form and manner prescribed by the office. Such searchable
22 database shall include, at a minimum, the following data, features and
23 functionality to the extent practicable:
24 (a) the ability to search the database by each of the reported infor-
25 mation fields;
26 (b) the ability to be searchable, downloadable, updated quarterly, and
27 posted on a publicly accessible website as well as referenced on the
28 office's website, with a direct link to the database;
29 (c) the ability to digitally select defined individual fields corre-
30 sponding to any of the reported information from qualified participants
31 to create unique database views;
32 (d) the ability to download the database in its entirety, or in part,
33 in a common machine readable format;
34 (e) a definition or description of terms for fields in the database;
35 (f) a summary of each separate economic development benefit defined in
36 paragraph (a) of subdivision one of this section, respectively, awarded
37 to qualified participants;
38 (g) a user-friendly guide to outline the features and functionality of
39 the database;
40 (h) a dedicated email account for the public to direct questions
41 related to the database, and the office mailing address, office tele-
42 phone number, and name of the chief officer;
43 (i) the following data on local development corporations shall be
44 included:
45 (i) relating to grants, the source of funds for the grant, the name
46 and address of the entity that received the grant, the date and amount
47 awarded, how the grant funds will be used, whether the grant proceeds
48 were expected to result in new jobs being created, and if so, how many
49 jobs were planned to be created and how many jobs have been created to
50 date;
51 (ii) relating to loans, the source of funds for the loan, the name and
52 address of the entity that received the loan, the date and amount
53 awarded, the loan interest rate, the length of the loan in years, the
54 amount repaid to date, how the loan funds will be used, and whether the
55 loan was provided to the recipient for the purpose of creating jobs, and
S. 9371 6
1 if so, how many jobs were planned to be created and how many jobs have
2 been created to date; and
3 (iii) relating to bonds, the name and address of the recipient of the
4 bond proceeds, the amount and date of the bond issuance, the bond inter-
5 est rate, the year the bonds are expected to be fully retired, the
6 amount of bond principal retired during the reporting period, how the
7 bond proceeds are used, whether the bond proceeds were provided to the
8 recipient to create jobs, and if so, how many jobs were planned to be
9 created and how many jobs have been created to date; and
10 (j) the following data on industrial development agency projects shall
11 be included:
12 (i) [project] a qualified participant's name, project type, project
13 location, and the project's complete address, including the postal code
14 in a separate and searchable field, and the economic region of the
15 state;
16 (ii) [whether the project is part of another phase or multi phase, the
17 category of the project purpose, the total project amount, the benefited
18 project amount, if the project type was a bond, the bond amount, if the
19 project type was a lease, the lease amount, whether the qualified recip-
20 ient is a not-for-profit, the date the project was approved, whether the
21 industrial development agency took title to a property, and if so, the
22 date that title was taken, and the year financial assistance is planned
23 to end] the time span over which a qualified participant is to receive
24 or has received aggregate economic development benefits;
25 (iii) [the qualified participant's name and the qualified partic-
26 ipant's complete address, including the postal code in a separate and
27 searchable field] the type of such economic development benefits, as
28 defined in paragraph (a) of subdivision one of this section, provided to
29 a qualified participant, including the name of the program or programs
30 through which such benefits are provided, and details as to whether
31 such programs are grants or tax credit programs as a separate and
32 searchable field. Such data shall be provided to the extent practicable
33 for all contracts initiated six months after the effective date of this
34 section;
35 (iv) [the amount of project tax exemptions granted, including for
36 state sales tax, local sales tax, county real property tax, local prop-
37 erty tax, school property tax, mortgage recording tax, the total
38 exemptions, and the total exemptions net of real property tax law
39 section four hundred eighty-five-b] the total number of employees at all
40 entities utilizing such economic development benefits as defined in
41 paragraph (a) of subdivision one of this section, at the time of the
42 agreement, including the number of full-time equivalents, provided that
43 any project hires or part-time jobs shall be displayed in separate
44 fields and may be converted to full-time equivalents and denoted as
45 such, to the extent practicable for all contracts initiated six months
46 after the effective date of this section;
47 (v) [the amount of payments in lieu of taxes agreed upon and actually
48 made to the county, local municipality, or school district, the total
49 amount of payments in lieu of taxes agreed upon and actually made, and
50 the net exemptions once the payments in lieu of taxes are subtracted
51 from the total project tax exemptions; and
52 (vi) the total number of employees for the project prior to industrial
53 development agency status, estimate of jobs to be created, average esti-
54 mated annual salary of jobs to be created, annualized salary range of
55 jobs to be created, original estimate of jobs to be retained, estimated
56 average annual salary of jobs to be retained, current number of full-
S. 9371 7
1 time equivalents, number of full-time equivalent construction jobs
2 during the reporting fiscal year, and the net employment change] for any
3 economic development benefits as defined in paragraph (a) of subdivision
4 one of this section that provides for job retention or job creation,
5 that a qualified participant has been awarded, the total job creation
6 commitments, job retention commitments, job creation actual number, and
7 the job retention actual number, displayed in terms of classification,
8 and in terms of full-time equivalents where any project hires or part-
9 time jobs may be converted to full-time equivalents and denoted as such,
10 the actual average wage by occupation or job classification and total
11 payroll to be created as a result of the benefits, shall be provided,
12 each displayed as separate and searchable fields;
13 (vi) for each individual project receiving aggregate economic develop-
14 ment benefits, the six-digit code and category of business receiving the
15 Incentive under the North American Industry Classification System
16 adopted by the United States Office of Management and Budget as of Janu-
17 ary first, two thousand twenty-two.
18 (vii) for each individual project receiving aggregate economic devel-
19 opment benefits, the total number of employees employed by the qualified
20 participant on the applicable closing date, and, separately, the number
21 of such employees:
22 (A) Who reside in the zip code or zip codes where the project is
23 located; and
24 (B) Who do not reside in the zip code or zip codes where the project
25 is located;
26 (viii) for each individual project receiving aggregate economic devel-
27 opment benefits, the aggregate number of hours of work performed by its
28 employees during the reporting period and, separately, the number of
29 hours of work performed by employees:
30 (A) Who reside in the zip code or zip codes where the project is
31 located; and
32 (B) Who do not reside in the zip code or zip codes where the project
33 is located;
34 (ix) for each individual project receiving aggregate economic develop-
35 ment benefits, the actual average wage by occupation or job classifica-
36 tion and total payroll to be created as a result of the benefits as of
37 the applicable closing date by the number of such employees:
38 (A) Who reside in the zip code or zip codes where the project is
39 located; and
40 (B) Who do not reside in the zip code or zip codes where the project
41 is located;
42 (x) the total and separate amount of economic development benefits
43 defined in paragraph (a) of subdivision one of this section received by
44 a qualified participant to date;
45 (xi) the total public-private investment made to a project, total
46 public funding received by a project, and project status;
47 (xii) details related to individual project compliance indicating
48 whether, during the current reporting quarter, the entity managing the
49 award has reduced, cancelled, or recaptured any economic development
50 benefits or additional state economic development benefits from a quali-
51 fied participant, and, if so, the total amount of the reduction, cancel-
52 lation, or recapture. Separately, a notation of penalties assessed shall
53 be displayed in a separate and searchable field, as well as the reasons
54 therefor in another separate and searchable field;
S. 9371 8
1 (xiii) the ability to digitally select defined individual fields
2 corresponding to any of the reported information from qualified partic-
3 ipants to create unique database views;
4 (xiv) the ability to download the database in its entirety, or in
5 part, in a common machine readable format;
6 (xv) a definition or description of terms for fields in the database;
7 (xvi) a summary of each separate economic development benefit defined
8 in paragraph (a) of subdivision one of this section awarded to qualified
9 participants;
10 (xvii) a user-friendly guide to outline the features and functionality
11 of the database; and
12 (xviii) a dedicated email account for the public to direct questions
13 related to the database, and the office mailing address, office tele-
14 phone number, and name of the chief officer of the granting body.
15 2-a. (a) Each qualified participant with more than twenty-five employ-
16 ees, on or before February first and August first of each calendar year,
17 shall file with the authorities budget office the semiannual employee
18 residency report described in this subdivision. The authorities budget
19 office may not charge or collect a filing or other fee for such report.
20 (b) The semiannual employee residency report due February first is a
21 report for a reporting period from July first to the ensuing closing
22 date of the prior year; the semiannual employee residency report due
23 August first is a report for a reporting period from January first to
24 the ensuing closing date of that same year.
25 (c) The semiannual employee residency report shall contain, but not be
26 limited to:
27 (i) The name of the qualified participant, both its official name and
28 any doing-business-as name; and the six-digit code and category of busi-
29 ness receiving the incentive under the North American Industry Classi-
30 fication System adopted by the United States Office of Management and
31 Budget as of January first, two thousand twenty-two;
32 (ii) The reporting period of the report;
33 (iii) The address or addresses of the qualified participant's place or
34 places of business in the state;
35 (iv) The total number of employees employed by the qualified partic-
36 ipant on the applicable closing date, and, separately, the number of
37 such employees:
38 (A) Who reside in the zip code or zip codes where the project is
39 located; and
40 (B) Who do not reside in the zip code or zip codes where the project
41 is located;
42 (v) The aggregate number of hours of work performed by its employees
43 during the reporting period and, separately, the number of hours of work
44 performed by employees:
45 (A) Who reside in the zip code or zip codes where the project is
46 located; and
47 (B) Who do not reside in the zip code or zip codes where the project
48 is located;
49 (vi) The actual average wage by occupation or job classification and
50 total payroll to be created as a result of the benefits as of the appli-
51 cable closing date by the number of such employees:
52 (A) Who reside in the zip code or zip codes where the project is
53 located; and
54 (B) Who do not reside in the zip code or zip codes where the project
55 is located;
S. 9371 9
1 (vii) Any additional information, commentary or explanation that the
2 qualified participant may choose to include; and
3 (viii) A certification by an authorized representative of the quali-
4 fied participant with knowledge of the facts reported in the report
5 stating that the contents thereof are true and acknowledging the penalty
6 for false certifications if the contents thereof are not true.
7 (d) Other than the name of the certifying representative required by
8 paragraph (g) of this subdivision, the semiannual employee residency
9 report shall not contain the name of any individual employee, such
10 employee's residential street address, or such employee's specific wage,
11 salary, or compensation, or any other similar personal information about
12 any employee.
13 (e) Every semiannual employee residency report required by this subdi-
14 vision is public information upon being filed with the department of
15 economic development and shall be disclosed on demand to any person
16 requesting the same under applicable public record laws.
17 (f) Each qualified participant shall keep and maintain records suffi-
18 cient to establish the accuracy of each semiannual employee residency
19 report for twenty-four months from the due date of each such report.
20 (g) The office may adopt and publish frequently asked questions and/or
21 guidance documents necessary or appropriate to interpret this section
22 and to guide and ensure compliance with this subdivision. The office may
23 establish and provide a method for the electronic submission and filing
24 of reports required by this subdivision.
25 4. None of the reporting requirements required by this section shall
26 apply to the COVID-19 capital costs tax credit established pursuant to
27 section forty-seven of the tax law.
28 5. The office shall utilize its powers and duties, including but not
29 limited to those enumerated in sections six and six-a of this title, to
30 ensure timely and accurate reporting of information for the semiannual
31 employee residency report and local authorities searchable subsidy and
32 economic development benefits database.
33 § 6. This act shall take effect on the one hundred eightieth day after
34 it shall have become a law.
