2023 New York Laws › GMU - General Municipal › Article 18-A - Industrial Development › Title 1 - Agencies, Organization and Powers › 859-A - Additional Prerequisites to the Provisions of Financial Assistance.

§  859-a.  Additional  prerequisites  to  the  provisions of financial
assistance. Prior to providing any financial assistance of more than one
hundred thousand dollars to any project, the agency must comply with the
following prerequisites:
1. The agency must adopt a resolution describing the project  and  the
financial  assistance  that  the agency is contemplating with respect to
such project. Such assistance shall be consistent with the  uniform  tax
exemption  policy  adopted by the agency pursuant to subdivision four of
section eight hundred seventy-four of this chapter,  unless  the  agency
has  followed the procedures for deviation from such policy specified in
paragraph (b) of such subdivision.
1-a. The agency  shall  deliver  a  copy  of  the  resolution  adopted
pursuant  to  subdivision  one of this section by certified mail, return
receipt requested or an electronic correspondence with  a  read-receipt,
to   the   chief   executive  officer  of  each  affected  local  taxing
jurisdiction. When the affected local taxing jurisdiction  is  a  school
district,  the  agency  shall  deliver  a  copy  of  such  resolution by
certified mail, return receipt requested or an electronic correspondence
with a read-receipt, to the district clerk and  district  superintendent
of each affected school district.
2.  The  agency must hold a public hearing with respect to the project
and the proposed financial assistance being contemplated by the  agency.
Said  public  hearing shall be held in a city, town or village where the
project proposes to locate. At said public hearing,  interested  parties
shall be provided reasonable opportunity, both orally and in writing, to
present their views with respect to the project.
3.  The  agency  must  give at least ten days published notice of said
public hearing and shall, at the  same  time,  provide  notice  of  such
hearing to the chief executive officer of each affected tax jurisdiction
within  which  the  project is located. The notice of hearing must state
the time and  place  of  the  hearing,  contain  a  general,  functional
description  of  the  project,  describe the prospective location of the
project, identify the initial owner, operator or manager of the  project
and  generally  describe  the  financial  assistance contemplated by the
agency with respect to the project.
4. Each agency shall develop a standard application form, which  shall
be  used  by the agency to accept requests for financial assistance from
all individuals, firms,  companies,  developers  or  other  entities  or
organizations. The standard application form shall be submitted by or on
behalf of the applicant, and subscribed and affirmed under the penalties
of  perjury by the applicant, or on behalf of the applicant by the chief
executive officer or such other individual that is  duly  authorized  to
bind the applicant, as true, accurate and complete to the best of his or
her   knowledge.   The  standard  application  form  shall  include  the
following, and  may  include  such  other  supplemental  information  as
determined  to  be  necessary  and  appropriate by the agency, including
supporting documents and information provided by or  on  behalf  of  the
applicant:
(a) the name and address of the project applicant;
(b)  a  description  of  the  proposed  project  for  which  financial
assistance  is  requested,  including  the  type  of  project,  proposed
location and purpose of the project;
(c)  the  amount  and  type  of  financial assistance being requested,
including the estimated value of each type of tax exemption sought to be
claimed by reason of agency involvement in the project;
(d) a statement that there is a likelihood that the project would  not
be  undertaken  but  for the financial assistance provided by the agency
or, if the project could  be  undertaken  without  financial  assistance

provided by the agency, a statement indicating why the project should be
undertaken by the agency;
(e)  an  estimate of capital costs of the project, including all costs
of real property and equipment acquisition and building construction  or
reconstruction, financed from private sector sources, an estimate of the
percentage  of project costs financed from public sector sources, and an
estimate of both the amount to be invested  by  the  applicant  and  the
amount to be borrowed to finance the project.
(f)  the  projected  number of full time equivalent jobs that would be
retained and  that  would  be  created  if  the  request  for  financial
assistance  is  granted, the projected timeframe for the creation of new
jobs, the estimated salary and fringe benefit  averages  or  ranges  for
categories  of the jobs that would be retained or created if the request
for financial assistance is granted, and an estimate of  the  number  of
residents  of the economic development region as established pursuant to
section two hundred thirty of the economic development law or the  labor
market  area  as  defined by the agency, in which the project is located
that would fill such jobs. The labor market area defined by  the  agency
for this purpose may include no more than six contiguous counties in the
state, including the county in which the project is to be located;
(g)  a  statement to the effect that the provisions of subdivision one
of section eight hundred sixty-two of this chapter will not be  violated
if financial assistance is provided for the proposed project;
(h)  a  statement  that  the  owner,  occupant  or  operator receiving
financial assistance is in substantial compliance with applicable local,
state and federal tax, worker protection and environmental  laws,  rules
and regulations; and
(i)  a  statement  acknowledging  that the submission of any knowingly
false or knowingly misleading information  may  lead  to  the  immediate
termination  of  any  financial  assistance  and the reimbursement of an
amount equal to all or part of any tax exemptions claimed by  reason  of
agency involvement in the project.
5.  Each  agency  shall  develop,  and  adopt  by  resolution, uniform
criteria for the evaluation and selection for each category of  projects
for  which  financial  assistance  will  be  provided. At a minimum, the
criteria shall require that, for each project, the following must  occur
prior to the approval of the provision of financial assistance:
(a)  an  assessment by the agency of all material information included
in  connection  with  the  application  for  financial  assistance,   as
necessary to afford a reasonable basis for the decision by the agency to
provide financial assistance for the project;
(b)  a written cost-benefit analysis by the agency that identifies the
extent to which a project  will  create  or  retain  permanent,  private
sector  jobs;  the estimated value of any tax exemptions to be provided;
the amount of private  sector  investment  generated  or  likely  to  be
generated  by  the  proposed project; the contribution of the project to
the state's renewable energy goals and emission reduction targets as set
forth in the state energy plan adopted pursuant to section 6-104 of  the
energy  law;  the  likelihood of accomplishing the proposed project in a
timely fashion; and the  extent  to  which  the  proposed  project  will
provide  additional  sources  of  revenue  for municipalities and school
districts; and any other public benefits that might occur as a result of
the project;
(c) a statement by the applicant that the project, as of the  date  of
the  application,  is  in  substantial compliance with all provisions of
this article including, but not  limited  to,  the  provisions  of  this
section  and  subdivision one of section eight hundred sixty-two of this
chapter; and
(d) if the project involves the removal or abandonment of  a  facility
or  plant  within  the  state,  notification  by the agency to the chief
executive officer or officers of the municipality or  municipalities  in
which the facility or plant was located.
6.  Each  agency shall develop a uniform agency project agreement that
sets forth terms and conditions under which financial  assistance  shall
be  provided.  The uniform agency project agreement shall be used by the
agency and no financial assistance shall be provided in the  absence  of
the execution of such an agreement. The uniform agency project agreement
shall, at a minimum:
(a)  describe  the project and the financial assistance, including the
amount and type, to be provided, and the agency purpose to be achieved;
(b)  require  each  project  owner,  occupant  or  operator  receiving
financial  benefits  to  provide  annually  a  certified  statement  and
documentation:  (i) enumerating the full time equivalent  jobs  retained
and  the  full time equivalent jobs created as a result of the financial
assistance, by category,  including  full  time  equivalent  independent
contractors  or  employees  of  independent contractors that work at the
project location, and (ii) indicating that the salary and fringe benefit
averages or ranges for categories of jobs retained and jobs created that
was provided in the application is still accurate and if it is not still
accurate, providing a revised list of salary and fringe benefit averages
or ranges for categories of jobs retained and jobs created.
(c) indicate the dates when PILOT payments are to be made and  provide
an  estimate  of  the  amounts for each affected tax jurisdiction of any
payments in lieu of taxes that are included as part of the  transaction,
or formula or formulas by which those amounts may be calculated. In lieu
of  providing such information, a copy of an executed payment in lieu of
tax agreement that contains the same information may be attached to  the
uniform agency project agreement;
(e)   provide  for  the  suspension  or  discontinuance  of  financial
assistance, or for the modification  of  any  payment  in  lieu  of  tax
agreement  to  require  increased  payments, in accordance with policies
developed by the agency pursuant to section eight  hundred  seventy-four
of this title;
(f)  provide  for  the  return  of  all  or  a  part  of the financial
assistance provided for the project, including all or part of the amount
of any tax exemptions, which shall be redistributed to  the  appropriate
affected  tax jurisdiction, as provided for in policies developed by the
agency pursuant to section eight hundred  seventy-four  of  this  title,
unless   agreed  to  otherwise  by  any  local  taxing  jurisdiction  or
jurisdictions; and
(g) provide that the owner, occupant or operator  receiving  financial
assistance  shall  certify,  under  penalty  of  perjury,  that it is in
substantial compliance with all local, state  and  federal  tax,  worker
protection and environmental laws, rules and regulations.
7.  Each  agency  shall  establish a procedure for compliance with the
notification requirements, including identification of the  notification
method,  under  subdivision  one-a  of this section and paragraph (b) of
subdivision four of section eight hundred seventy-four of this title.