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A 10545

Establishes a semiannual employee resident report from certain employers

2025 Regular Session Introduced by MaryJane Shimsky and 3 co-sponsors

The bill requires semiannual residency reports and creates a public, searchable database detailing employees, wages, residency, and incentives for large economic development projec

REFERRED TO ECONOMIC DEVELOPMENT
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Bill Summary · A 10545

Overview

A. 10545 (2025-2026, New York) proposes establishing a semiannual employee residency report requirement for certain economic development participants and creating a public, searchable database of related economic development benefits. The bill applies to qualified participants with more than 25 employees and integrates reporting into the existing New York State Urban Development Corporation Act and public authorities law framework.

Main purpose and intent

  • Increase transparency around how state and local economic development benefits are allocated and used.
  • Collect and publish detailed data on employment, wages, hours, and residency of employees associated with projects receiving economic development benefits.
  • Create a publicly accessible database to track and analyze job creation/retention, compensation, and residency patterns in relation to economic development incentives.

Key provisions and changes

  • Definitions added for reporting terms:

    • Closing date: last pay period date before June 30 and December 31 annually.
    • Reside: determines if an employee lives in the project’s zip code(s) based on home address in payroll records.
    • Classification: whether an employee is in management vs non-management (per 29 CFR 541.100).

  • Semiannual residency reports (new subdivision 2-a):

    • Trigger: required for qualified participants with more than 25 employees.
    • Filing deadlines: February 1 and August 1 each year.
    • Report contents (for each report period):
    • Participant name (official and any DBA), reporting period.
    • State business addresses.
    • Total employees on the closing date; breakdown by residency (reside vs not reside in project zip code(s)).
    • Hours worked, total and by residency status.
    • Actual average wage by occupation/classification and total payroll, with residency breakdown.
    • Optional additional information and a certification by an authorized representative.
    • Privacy safeguard: no individual employee name, residential street address, or specific wage details included in the report.
    • Public access: reports are public upon filing under public records laws.
    • Compliance: penalties and enforcement through the Department of Economic Development if reports are late or contains false statements.
    • Recordkeeping: participants must maintain records for seven years (Section 2-a) or 24 months (Section 3 of the parallel 2-a language) depending on the subdivision, to establish accuracy.

  • Expanded public-facing database requirements (new subdivisions 2 and 2-a in the authorities law):

    • Create a searchable, public database of economic development benefits, including:
    • Searchable fields, downloadable data, quarterly updates, machine-readable formats.
    • Terms definitions, user guides, FAQ/guidance, and a dedicated public email for inquiries.
    • Data elements for each project and for each recipient include:
    • NAICS six-digit code, project type, location, and other project-specific details.
    • For each project: total employees, hours worked, average wages, payroll, and residency distribution (residents vs non-residents).
    • Details on grants, loans, bonds, and related funding data (source, dates, amounts, use, and job impacts).
    • Compliance data: reductions, cancellations, recaptures, penalties, and reasons.
    • Ensures data is publicly accessible and searchable, with emphasis on transparency of job creation/retention metrics and wage information by residency status.

  • Exclusions:

    • The reporting requirements do not apply to the COVID-19 capital costs tax credit (per both the economic development and public authorities provisions).

  • Effective date: Takes effect 180 days after becoming law.

Who and what is affected

  • Qualified participants (project operators receiving certain economic development benefits) with more than 25 employees.
  • The New York Department of Economic Development (and the Office/Authorities Budget Office for the database component) as administering and enforcing entities.
  • Public: information from reports and the database would be public records.

Procedural and timeline aspects

  • Reporting cadence: semiannual (February 1 and August 1 filing deadlines).
  • Data retention: seven years (or as aligned with subdivision 3 of the new subdivision 2-a) for accuracy verification.
  • Public database updates: intended to be quarterly and publicly accessible, with guidance and electronic submission mechanisms.
  • Enactment mechanics: bill is introduced and referred to Economic Development; takes effect 180 days after enactment.

Compiled from official sources — confirm details with the bill’s official record.

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