§ 58*2 — Reporting

§ 58. Reporting. 1. Definitions. For the purposes of this section, the\nfollowing terms shall have the following meanings:\n (a) "Economic development benefits" shall mean:\n (i) available state funds including, but not limited to, state grants,\nloans, loan guarantees, loan interest subsidies, and subsidies; and\n (ii) tax credits, tax exemptions, reduced tax rates or other tax\nincentives which are applied for and preapproved or certified by a state\nagency.\n (a-1) "Empire state economic development benefits" shall mean those\neconomic development benefits made available to the urban development\ncorporation or the department of economic development to award such\nbenefits to qualified recipients.\n (a-2) "Additional state benefits for empire state development\nprojects" shall mean those benefits provided by other state agencies for\nthe same project receiving empire state economic development benefits.\n (a-3) "Other state agency economic development benefits" shall mean\nthose economic development benefits made available to a state agency to\naward such benefits to qualified recipients for economic development\nprojects, provided such information regarding such awards is required to\nbe submitted to the urban development corporation or the department of\neconomic development per subdivision 6 of this section.\n (a-4) "Aggregate economic development benefits" shall mean those\nbenefits provided for in paragraphs (a-1), (a-2) and (a-3) of this\nsubdivision and displayed separately in the database created pursuant to\nsubdivision 2 of this section.\n (b) "Qualified participant" shall mean an individual, business,\nlimited liability corporation or any other entity that has applied for\nand received benefits as defined in paragraphs (a-1) through (a-4) of\nthis subdivision.\n (c) "State agency" shall mean any state department, board, bureau,\ndivision, commission, committee, state authority, public corporation,\ncouncil, office or other state governmental entity performing a\ngovernmental or proprietary function for the state, as well as entities\ncreated by any of the preceding or that are governed by a board of\ndirectors or similar body with a majority of members designated by one\nor more state officials;\n (d) "Full-time equivalent" shall mean a unit of measure which is equal\nto one filled, full-time, annual-salaried position.\n (e) "Project hires" shall mean a job in which an individual is hired\nfor a season or for a limited period of time.\n (f) "Part-time job" shall mean a job in which an individual is\nemployed by a qualified participant for less than thirty-five hours a\nweek.\n 2. Notwithstanding any laws to the contrary, the corporation, in\ncooperation with the department of economic development, shall create a\nsearchable database, or modify an existing one, displaying empire state\neconomic development benefits that a qualified participant has been\nawarded. Such database shall also display additional state agency\nbenefits that a qualified participant has been awarded in connection\nwith an empire state development project such qualified participant has\nreceived. Such database shall also display other state agency economic\ndevelopment benefits that a qualified participant has been awarded, to\nthe extent that such data has been made available to and is received by\nthe corporation in the form and manner prescribed by the corporation.\n 3. Data related to paragraphs (a-2) and (a-3) of subdivision 1 of this\nsection shall be analyzed for quality and accuracy by the agency or\nauthority providing such funding to qualified recipients and managing\nthe contracts related thereto. Upon submission of such other state\nagency economic development benefit data to the corporation for\ninclusion in the database, all awarding agencies and authorities shall\ncertify to the corporation that each field of project data accurately\nsummarizes economic development project investments made by the other\nagency or authority. Such searchable database shall include, at a\nminimum, the following features and functionality to the extent\npracticable:\n (a) the ability to search the database by each of the reported\ninformation fields;\n (b) the ability to be searchable, downloadable, and updated quarterly,\nand posted on a New York state maintained website as well as referenced\non the empire state development website, with a direct link to the\ndatabase;\n (c) for projects started on or after January 1, 2018, the following\ninformation shall be included:\n (i) a qualified participant's name and project, project location, the\nproject's complete address, including the postal code in a separate and\nsearchable field, and the economic region of the state;\n (ii) the time span over which a qualified participant is to receive or\nhas received aggregate economic development benefits;\n (iii) the type of such aggregate economic development benefits\nprovided to a qualified participant, including the name of the program\nor programs through which aggregate economic development benefits are\nprovided, and details as to whether such programs are grants or tax\ncredit programs as a separate and searchable field. Such data shall be\nprovided for other state agency benefits, to the extent practicable, and\nsuch requirement shall be applied to contracts initiated six months\nafter the effective date of this section;\n (iv) the total number of employees at all sites utilizing such\naggregate economic development benefits at the time of the agreement,\nincluding the number of full-time equivalents, provided that any project\nhires or part-time jobs converted to full-time equivalents shall be\ndisplayed in separate fields and denoted as such, to the extent\npracticable, and such requirements shall be applied to contracts\ninitiated six months after the effective date of this section;\n (v) for any aggregate economic development benefit that provides for\njob retention or job creation that a qualified participant is receiving,\nthe total job creation commitments, job retention commitments, job\ncreation actual number, and the job retention actual number, displayed\nin terms of full-time equivalents and part-time jobs, shall each be\ndisplayed as separate and searchable fields;\n (vi) the amount of aggregate economic development benefits received by\na qualified participant to date;\n (vii) for all projects associated with utilization goals related to\nminority and women-owned businesses, per article 15-A of the executive\nlaw, such goals and progress towards such goals shall be included to the\nextent practicable, and such requirement shall be applied to contracts\ninitiated twelve months after the effective date of this section;\n (viii) the total public-private investment made to the project, total\nstate funding received by a project, and project status;\n (ix) details related to individual project compliance indicating\nwhether, during the current reporting quarter, the corporation or other\nentity managing the award has reduced, cancelled, or recaptured\naggregate economic development benefits from a qualified participant,\nand, if so, the total amount of the reduction, cancellation, or\nrecapture. Separately, a notation of penalties assessed shall be\ndisplayed in a separate and searchable field, as well as the reasons\ntherefor in another separate and searchable field;\n (x) the ability to digitally select defined individual fields\ncorresponding to any of the reported information from qualified\nparticipants to create unique database views;\n (xi) the ability to download the database in its entirety, or in part,\nin a common machine readable format;\n (xii) a definition or description of terms for fields in the database;\n (xiii) a summary of each aggregate economic development benefit\nawarded to qualified participants;\n (xiv) a user-friendly guide to outline the features and functionality\nof the database; and\n (xv) a dedicated email account for the public to direct questions\nrelated to the database.\n 4. Upon request the corporation shall provide, or direct to a source\nproviding, in an electronically accessible and downloadable form, any\ncontracts or award agreements for projects included in paragraphs (a-1),\n(a-2), or (a-3) of subdivision 1 of this section, to the extent such\ncontracts or award agreements are available to the public pursuant to\narticle 6 of the public officers law. Provided however that only\ncontract documents and award agreements related to projects defined in\nparagraph (a-1) of subdivision 1 of this section shall be shared by the\ncorporation, and all contract documents and award agreements related to\nprojects defined in paragraphs (a-2) and (a-3) of subdivision 1 of this\nsection shall be shared, upon request, by the agency or authority\nholding and managing such contract;\n 5. The corporation may request any data from qualified participants\nwhich is necessary and required in developing, updating, and maintaining\nthe searchable database. Such qualified participants shall provide any\nsuch information requested by the corporation.\n 6. The corporation shall prescribe the form and manner in which a\nstate agency or authority awarding other state agency economic\ndevelopment benefits shall submit information and data regarding other\nstate agency benefits as required for developing, updating, and\nmaintaining the database and publish guidelines as needed to facilitate\nreceipt of such data to comply with the provisions of this section,\nincluding the submission provisions included in subdivision 3 of this\nsection. The corporation, to the extent practicable, shall note on the\ndatabase where a state agency or authority failed to submit the required\ndata.\n