§ 22-823 Annual report.
AC § 22-823
Editor's note: this section has been amended by L.L. 2025/067, 5/24/2025, eff. 7/1/2026. a. Report required. In each covered contract executed on or after the effective date of this section, the commissioner shall require the contracted entity to submit each year to the mayor, the council, the city comptroller, the public advocate, the borough presidents and community planning boards a report for the prior fiscal year about projected and actual jobs created and retained in connection with projects described by this section. b. Projects receiving financial assistance in excess of $150,000.
1.
(a)This subdivision applies to projects undertaken by a contracted entity for the purpose of creating or retaining jobs and in connection with which a person was provided project assistance in the form of a loan, grant or tax benefit valued in excess of $150,000, regardless of whether such project involves the expenditure of city capital appropriations.
(b)For purposes of this subdivision, "assistance" to be reported includes (i) a loan, grant or tax benefit, (ii) savings due to payments in lieu of taxes, calculated as the difference between such payments and the property tax that would have been owed without an agreement to make such payments, (iii) waived mortgage recording fees, (iv) related property tax abatements, (v) sales tax abatements, (vi) energy benefits and (vii) an estimated range of costs to the city of forgone income tax revenues due to the issuance of tax exempt bonds; 2. Except as otherwise provided in this section, the annual report required by this section shall contain for each such project the following information for the prior fiscal year, including an indication of the sources of all data relating to numbers of jobs: (a) The project's name; (b) The project's location; (c) The time period during which such project is to receive any assistance from the contracted entity; (d) The type of such assistance provided, including, where applicable, the name of any program through which such assistance is provided; (e) (1) For projects that involve a specified limit on cumulative assistance available over the duration of the project agreement, a statement of such limit; and (2) For projects that do not involve such a specified limit, the estimated amount of assistance over the duration of such project agreement, the amount of tax exempt bonds issued during the reporting year and the range of potential costs of such bonds; (f) The amount of assistance received for the project during the reporting year, the amount of such assistance received since execution of the project agreement, and the present value of future assistance estimated to be given for the duration of the project agreement; (g) The total number of employees at all sites covered by the project on the date of execution of the project agreement, including the number of permanent full-time jobs, the number of permanent part-time jobs, the number of full-time equivalents, and the number of contract employees if, pursuant to the project agreement, contract employees may be included in determining compliance with job creation or retention requirements; (h) (1) The number of jobs that each person receiving assistance from such contracted entity is contractually obligated to retain and create over the duration of the project agreement or, in the case of a project agreement that contains annual job retention or creation requirements, the annual job retention or creation requirement for the reporting year; (2) The base employment level such entity agrees to retain over the duration of the project agreement; (3) Any job creation scheduled to take place as a result of such project; and (4) Where applicable, any job creation targets for the reporting year; (i) For the reporting year: (1) The total number of employees at all sites covered by the project, including the number of permanent full-time jobs, the number of permanent part-time jobs, and the number of contract jobs; and (2) For each person that receives assistance from the contracted entity in connection with such project and employs 250 or more persons, (i) the percentage of total employees within the "exempt" and "non-exempt" categories, respectively, as those terms are defined under the United States fair labor standards act, and (ii) for employees within the "non-exempt" category, the percentage of employees earning $25,000 per year or less, the percentage of employees earning more than $25,000 per year but less than or equal to $40,000 per year and the percentage of employees earning more than $40,000 per year but less than or equal to $50,000 per year; (j) The estimated amount of retained or additional tax revenue derived from the project, excluding real property tax revenue other than revenue generated by property tax improvements, (1) Cumulatively to the date that the annual report is prepared; (2) For the reporting year, and (3) Projected to be derived over the duration of the project agreement; (k) A statement of whether, throughout the reporting year, each person that received assistance from the contracted entity in connection with the project offered health benefits to (i) all full-time employees of such person; (ii) all part-time employees of such person; or (iii) all full-time and part-time employees of such person at all sites covered by the project; (l) For the reporting year, for employees at each site covered by the project, including all permanent and temporary full-time employees, permanent and temporary part-time employees, and contract employees, the number and percentage of employees earning less than a living wage, as that term is defined in section 6-134, disaggregated by job category, including industrial jobs, food service jobs, retail jobs and other jobs; except that, for projects for which assistance was received prior to July 1, 2012, the information required by this subparagraph need only be provided to the extent it can be reasonably obtained from available sources, including the city and the person to which such assistance was provided; (m) For the reporting year, with respect to the persons receiving assistance for such project and their affiliates, the number and percentage of employees at all sites covered by the project agreement who reside in the city; (n) A list of all commercial expansion program benefits, industrial and commercial incentive program benefits, and industrial and commercial abatement program benefits received by persons receiving assistance or their affiliates through the project agreement and relocation and employment assistance program benefits such persons and affiliates received and the estimated total value of each such benefit for the reporting year; (o) A statement of compliance indicating whether, during the reporting year, the contracted entity has reduced, cancelled or recaptured assistance provided to a person in connection with such project, and, if so, the total amount of such reductions, cancellations or recaptures, and any penalty assessed and the reasons therefor. c. Projects receiving financial assistance of $150,000 or less. For projects undertaken by a contracted entity for the purpose of creating or retaining jobs that do not meet the financial threshold in subparagraph (a) of paragraph 1 of subdivision b, such report shall include, at a minimum: 1. For such projects in aggregate, the information required by subparagraphs (g), (h), (i), (j), (l), (m) and (n) of paragraph 2 of subdivision b; and 2. The number of persons that received a loan, grant or tax benefit from such contracted entity in connection with such a project and that offered health benefits to (i) all full-time employees of such person; (ii) all part-time employees of such person; or (iii) all full-time and part-time employees of such person employed at any project site throughout the prior fiscal reporting year. d. Sales or leases of city-owned land. For projects undertaken by a contracted entity for the purpose of creating or retaining jobs (i) for which a contracted entity sold or leased city-owned land to a person, and (ii) that are estimated to create or retain at least 25 jobs, regardless of whether such project involves the expenditure of city capital appropriations, the annual report shall include the following information: 1. A list of each lease that has not terminated before the reporting year commences, regardless of when such lease commenced, and for each such lease, any terms or restrictions on the use of the leased land, including the rent received for such land in the reporting year; 2. A list of each sale of city-owned land that closed within 15 years of the report, and for each such sale, any terms or restrictions on the use of the sold land, including the price for which such land was sold and any terms or restrictions on the resale of such land; except that such list need not include sales that closed before January 1, 2005. e. Years covered. Except as provided in subdivision d, the report shall include each project from the date the project agreement is executed and any other documents applicable to such project through and including the final year that the contracted entity provides assistance for such project. f. Job-creation projects under prior rules.
1.For projects undertaken by a contracted entity for the purpose of creating or retaining jobs and for which the contracted entity provided a loan, grant or tax or other benefit before July 1, 2005, the information required by this section need only be provided to the extent it can be reasonably derived from available sources, including the city and persons who received such assistance.
2.For projects that such contracted entity undertakes for the purpose of creating or retaining jobs and for which the project agreement was executed before June 6, 2011, the annual report need not contain information that persons were not required to report to the contracted entity at the time that the project agreement and any other documents applicable to the project were executed. g. Submission and publication.
3.The annual report shall also include: (a) Any finding by the contracted entity, during the preceding fiscal year, that a covered developer has failed to fulfill any obligation in the project agreement relating to providing affordable retail space; and (b) Any action taken by such entity, during the preceding fiscal year, as a result of such finding. (L.L. 2017/222, 12/1/2017, eff. 1/15/2018; Am. L.L. 2020/035, 2/23/2020, eff. 8/21/2020) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2020/035.
