A 409: Prohibits confidentiality and non-disclosure provisions from inclusion in contracts pertaining to economic development, entered into by the state or a municipality or any party negotiating on behalf of such governmental entity.

  
  STATE OF NEW YORK ________________________________________________________________________ 409 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. SOLAGES, GALLAGHER, KELLES, KIM, EPSTEIN, LUNS- FORD, RAGA, HEVESI -- read once and referred to the Committee 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 party negotiating 7 on behalf of such governmental entity, any municipality or public corpo- 8 ration for projects, including but not limited to tax incentives, 9 payments in lieu of taxes, tax abatements, bonds, notes, loans, grants 10 or rebates, shall contain any provision, clause or language that 11 provides that the contract or agreement or any of its terms are confi- 12 dential or that the parties to the agreement or contract are prohibited 13 from disclosing, discussing, describing or commenting upon the terms of 14 the agreement or contract. 15 § 2. The state finance law is amended by adding a new section 149 to 16 read as follows: 17 § 149. Non-disclosure agreements; prohibitions. Notwithstanding any 18 other provision of law to the contrary, no agreement or contract entered 19 into by the state or any state agency or public authority for economic 20 development, or any party negotiating on behalf of such governmental EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00825-01-5 
 A. 409 2 1 entity, including but not limited to tax incentives, payments in lieu of 2 taxes, tax abatements, bonds, notes, loans, grants or rebates, shall 3 contain any provision, clause or language that provides that the 4 contract or agreement or any of its terms are confidential or that the 5 parties to the agreement or contract are prohibited from disclosing, 6 discussing, describing or commenting upon the terms of the agreement or 7 contract. 8 § 3. The general municipal law is amended by adding a new section 9 99-aa to read as follows: 10 § 99-aa. Non-disclosure agreements; prohibitions. Notwithstanding any 11 other provision of law to the contrary, no agreement or contract entered 12 into by a municipal corporation, political subdivision, any party nego- 13 tiating on behalf of such governmental entity, public authority or local 14 authority for economic development, including but not limited to tax 15 incentives, payments in lieu of taxes, tax abatements, bonds, notes, 16 loans, grants or rebates, shall contain any provision, clause or 17 language that provides that the contract or agreement or any of its 18 terms are confidential or that the parties to the agreement or contract 19 are prohibited from disclosing, discussing, describing or commenting 20 upon the terms of the agreement or contract. 21 § 4. The economic development law is amended by adding a new section 22 107 to read as follows: 23 § 107. Non-disclosure agreements; prohibitions. Notwithstanding any 24 other provision of law to the contrary, no agreement or contract entered 25 into by the state or any instrumentality thereof, any party negotiating 26 on behalf of such governmental entity, any municipality or public corpo- 27 ration for economic development, including but not limited to tax incen- 28 tives, payments in lieu of taxes, tax abatements, bonds, notes, loans, 29 grants or rebates, shall contain any provision, clause or language that 30 provides that the contract or agreement or any of its terms are confi- 31 dential or that the parties to the agreement or contract are prohibited 32 from disclosing, discussing, describing or commenting upon the terms of 33 the agreement or contract. 34 § 5. This act shall take effect immediately.