Requires a business entity in violation of worker protection or environmental laws and regulations to surrender all previous state subsidies issued to such business entity.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8327
SPONSOR: Kim
 
TITLE OF BILL:
An act to amend the economic development law, in relation to the eligi-
bility criteria for the excelsior jobs program act
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill is to amend the economic development law for the surrender of
all previous state subsidies issued to a business entity which is found
to have violated any worker protection and environmental laws and regu-
lations.
 
SUMMARY OF PROVISIONS:
Section 1: Amends subdivision 6 of section 353 of the economic develop-
ment law for the surrender of all previous state subsidies issued to a
business entity which.is found to have violated any worker protection
and environmental laws and regulations.
Section 2: Sets the effective date.
 
JUSTIFICATION:
In New York State, the excelsior jobs program encourages businesses to
expand in and relocate to New York through granting them tax breaks and
credits. However, due to lacking clear eligibility criteria for the
program, some businesses have received public money as well as engaged
in violation of worker and environmental protection laws. A recent exam-
ple was an Amazon's warehouse in Staten Island. The company was just
found to have illegally fired a worker for speaking out at that Staten
Island warehouse two years ago. At the same time, the state and local
governments have directed roughly $387 million to the company in direct
public subsidies and guarantees. Moreover, the company has taken union-
busting practice for a long time.
Due to the issue related to the excelsior jobs program, this legislation
shall not just end but also claw back all tax breaks and credits for any
company under the excelsior jobs program engaged in violation of the
worker protection and environmental laws and regulations.
 
PRIOR LEGISLATIVE HISTORY:
2021-22 A10003/Kim - referred to Economic Development
2021-22 S8891/Skoufis - referred to Commerce, Economic Development and
Small Business
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately
STATE OF NEW YORK
________________________________________________________________________
8327
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. KIM -- read once and referred to the Committee on
Economic Development
AN ACT to amend the economic development law, in relation to the eligi-
bility criteria for the excelsior jobs program act
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 353 of the economic development
2 law, as amended by section 2 of part G of chapter 61 of the laws of
3 2011, is amended to read as follows:
4 6. A business entity must be in compliance with all worker protection
5 and environmental laws and regulations. In addition, a business entity
6 may not owe past due state taxes or local property taxes. In the event
7 that a business entity is found to have violated such worker protection
8 or environmental laws and regulations, pending a full audit by the state
9 comptroller, the state shall order the surrender of all previous state
10 subsidies issued to such business entity.
11 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03067-01-3