STATE OF NEW YORK ________________________________________________________________________ 211 2023-2024 Regular Sessions IN ASSEMBLY (Prefiled) January 4, 2023 ___________ Introduced by M. of A. SOLAGES -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the urban development corporation act, the state finance law, the general municipal law and the economic development law, in relation to prohibiting confidentiality and non-disclosure provisions from inclusion in certain contracts entered into by the state or a municipality The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 1 of chapter 174 of the laws of 1968, constituting 2 the urban development corporation act, is amended by adding a new 3 section 11-a to read as follows: 4 § 11-a. Non-disclosure agreements; prohibitions. Notwithstanding any 5 other provision of law to the contrary, no agreement or contract entered 6 into by the state or any instrumentality thereof, any municipality or 7 public corporation for projects, including but not limited to tax incen- 8 tives, payments in lieu of taxes, tax abatements, bonds, notes, loans, 9 grants or rebates, shall contain any provision, clause or language that 10 provides that the contract or agreement or any of its terms are confi- 11 dential or that the parties to the agreement or contract are prohibited 12 from disclosing, discussing, describing or commenting upon the terms of 13 the agreement or contract. 14 § 2. The state finance law is amended by adding a new section 149 to 15 read as follows: 16 § 149. Non-disclosure agreements; prohibitions. Notwithstanding any 17 other provision of law to the contrary, no agreement or contract entered 18 into by the state or any state agency or public authority for economic 19 development, including but not limited to tax incentives, payments in 20 lieu of taxes, tax abatements, bonds, notes, loans, grants or rebates, 21 shall contain any provision, clause or language that provides that the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02056-01-3A. 211 2 1 contract or agreement or any of its terms are confidential or that the 2 parties to the agreement or contract are prohibited from disclosing, 3 discussing, describing or commenting upon the terms of the agreement or 4 contract. 5 § 3. The general municipal law is amended by adding a new section 99-z 6 to read as follows: 7 § 99-z. Non-disclosure agreements; prohibitions. Notwithstanding any 8 other provision of law to the contrary, no agreement or contract entered 9 into by a municipal corporation, political subdivision, public authority 10 or local authority for economic development, including but not limited 11 to tax incentives, payments in lieu of taxes, tax abatements, bonds, 12 notes, loans, grants or rebates, shall contain any provision, clause or 13 language that provides that the contract or agreement or any of its 14 terms are confidential or that the parties to the agreement or contract 15 are prohibited from disclosing, discussing, describing or commenting 16 upon the terms of the agreement or contract. 17 § 4. The economic development law is amended by adding a new section 18 107 to read as follows: 19 § 107. Non-disclosure agreements; prohibitions. Notwithstanding any 20 other provision of law to the contrary, no agreement or contract entered 21 into by the state or any instrumentality thereof, any municipality or 22 public corporation for economic development, including but not limited 23 to tax incentives, payments in lieu of taxes, tax abatements, bonds, 24 notes, loans, grants or rebates, shall contain any provision, clause or 25 language that provides that the contract or agreement or any of its 26 terms are confidential or that the parties to the agreement or contract 27 are prohibited from disclosing, discussing, describing or commenting 28 upon the terms of the agreement or contract. 29 § 5. This act shall take effect immediately.