Archive for the ‘Disclosure’ Category

Living Wage Bill passes in the Big Apple

May 2, 2012
photo by Good Jobs New York

James Parrott of the Fiscal Policy Institute at a press conference on the Fair Wages for New Yorkers Act.

What started out as an attempt to guarantee benefits to Bronx residents at a redeveloped armory over a decade ago found its way to City Hall Monday with the passage of Fair Wages for New Yorkers Act. The bill was sponsored by Bronx Council Members G. Oliver Koppell and Annabel Palma.

Efforts to redevelop the city-owned armory fell through in 2009 when the city prevented a developer from entering into a Community Benefits Agreement with the Kingsbridge Armory Redevelopment Alliance. In response to that campaign and concerns regarding wages in city-subsidized developments, a new city-wide campaign for better wages took hold led by the Retail Wholesale Department Store Union and Living Wage NYC a coalition of community, civic and religious organizations.

The final version of the Living Wage bill is narrower than campaign organizers would have liked (tenants of subsidized project won’t be covered, for example). Still, supporters of the bill report it is the strongest living wage law in the country and assert this is only a first step to expand Living Wage ordinances in the city.

Information on the Fair Wages for New Yorkers bill can be found here, but the fundamentals are:

  • Commercial and Industrial firms receiving $1 million or more in discretionary subsidies and have gross revenue of $5 million or more would have to pay their employees at least $10.00 an hour or $11.50 if no health benefits are provided;
  • Developments on property sold by the city for more than $1 million below market value would be covered;
  • Manufacturers and nonprofit organizations would be exempt;
  • Tenants of subsidized firms (e.g., retail stores, restaurants) would be excluded.

On a worthwhile transparency note, the bill would require firms that receive more than $1 million in subsidies (whether or not a firm would be subject to the living wage requirement) to provide wage data for all employees in lower-wage sectors such as retail and restaurants. This goes beyond what is currently required in an already laudable transparency bill approved in December of 2010.

However, it is unclear whether this bill will go into effect. Last week, Mayor Bloomberg gave an address attacking wage requirements at subsidized firms and during a radio show compared them to Communism. Bloomberg has vowed to veto the bill and if that is overridden (as is expected) he will continue to fight it in the courts.

Regardless of the bill’s future, a victory lap is being taken by City Council Speaker Christine Quinn, whose political dexterity has allowed her to use the issue advantageously as she positions herself to run for mayor next year, (Mayor Bloomberg is term-limited out of office). In the New York City Council, where bills generally only move forward with support of the Speaker, Quinn skillfully maneuvered the living wage bill through controversial waters. In the year ahead, irrespective of her audience, she can take credit with community and labor groups for her support of a campaign to help lift workers out of poverty and with the city’s business interests for curtailing the bill so much it would cover a relatively small portion of the city workforce.

Quinn has received both praise and criticism for walking out of a press conference celebrating the living wage bill when a heckler refused to apologize for calling Mayor Bloomberg a “Pharaoh”.

Subsidy Tracker Now Covers All 50 States

April 25, 2012

No part of the country is safe from the scrutiny of Subsidy Tracker, the Good Jobs First database of economic development subsidy awards. With the addition of data from Nevada and Mississippi, all 50 states and the District of Columbia are now represented in the search engine.

Nevada and Mississippi are present thanks to successful open records requests and the discovery of an obscure report. For Mississippi we have unpublished data from the state’s Workforce Education training program, which reimburses training costs for companies such as Nissan, Tyson’s Food and private prison operators CCA and GEO Group. For Nevada we have unpublished data on the Train Employees Now program as well as data on business tax abatements and sales and use tax abatements that were listed in 2009 report by the state legislature’s fiscal analysis division that just came to our attention.

Our latest batch of additions also includes unpublished data from programs in Connecticut, New York, Oklahoma, Texas and Utah (see below). Subsidy Tracker now contains company-specific data on more than 127,000 subsidy awards from 319 programs throughout the country. The depth of coverage still varies considerably from state to state, so we are continuing our push to obtain unpublished data on more and more subsidy programs.

New programs added

  • Connecticut: Digital Media and Film Tax Credit (FY2009-FY2011)
  • Mississippi: Workforce Education training program (FY2009-FY2011)
  • Nevada: Business Tax Abatement (FY1999-FY2008)
  • Nevada: Sales and Use Tax Abatement (FY1999-FY2008)
  • Nevada: Train Employees Now (Apr2011-Mar2012)
  • New York: Job Development Authority Direct Loan Program (2006-Mar2012)
  • New York: Jobs Now (2006-Mar2012)
  • New York: Manufacturing Assistance Program (2006-Mar2012)
  • Oklahoma: Training for Industry (FY2008-FY2011)
  • Texas: Skills Development Fund (FY2009-FY2011)
  • Utah: Custom Fit Training Program (FY2009-FY2011)

New years added:

  • Hawaii: Enterprise Zones (now 2007 and 2011)
  • Virginia: Special Performance Grants (FY2009-FY2011)

Subsidies and Sunshine

March 14, 2012

This being Sunshine Week, there’s a lot of discussion going on about open government. One of the things government should be open about is the dubious practice of giving subsidies to companies in the name of economic development.

Each year, state and local governments in the United States award tens of billions of dollars in tax breaks, cash grants and other financial assistance to business, with the lion’s share going to large corporations ranging from Google and Facebook to Wal-Mart and Boeing. Much of the money goes to companies that don’t need it and often provide little return to taxpayers in terms of creating quality jobs.

The good news is that it is easier than ever to discover which companies are getting the giveaways. A decade ago, only a handful of states disclosed the names of subsidy recipients. That number is now up to 43 states and the District of Columbia. Data from those 44 jurisdictions—along with previously unpublished data from five other states—can be found on Subsidy Tracker, the database created by my colleagues and me at Good Jobs First. The only states with no data currently available are Mississippi and Nevada, but we’re seeking unpublished info from them as well.

A glance at the inventory of data sources that have been fed into Subsidy Tracker makes it clear that there is a great deal of variation in the depth of available information from state to state. We have entries for two dozen programs in Washington and Wisconsin, yet only one each for Alabama, California, Idaho, Massachusetts and Tennessee.

There are also significant differences in the types of subsidies for which recipient information is available. A major dividing line is between those states that have disclosure relating to corporate tax credits (or other business tax breaks) and those that keep that information secret even while revealing data on other categories such as grants. According to our latest tally, 31 states plus DC provide online disclosure of corporate tax break recipients. The ones with the most extensive tax subsidy reporting include Missouri, North Carolina and Rhode Island.

Among the states that are aggressive promoters of corporate tax breaks but which decline to reveal which companies are benefiting from that largesse are Alabama, Georgia, Kansas, Mississippi, New Mexico and Tennessee. A few states—including Maryland and South Carolina—disclose the names of companies but not the value of the credits they are receiving.

Subsidy disclosure is an issue addressed in Following the Money 2012, a new report by USPIRG, the third in its series of report-card studies on state spending transparency. USPIRG provides a thorough assessment of the Google-government portals that have proliferated in recent years. The report does a good job when it comes to general state spending, but we at Good Jobs First have a friendly disagreement about its treatment of subsidies. (I am graciously cited in the acknowledgements for having reviewed drafts of the report, but the disagreements I expressed to USPIRG are not mentioned).

Despite the fact that company-specific reporting on subsidies is missing from the core content of nearly all state transparency portals, USPIRG gives many of those portals high grades for subsidy transparency. Quite a few of the sites have links to other webpages with the subsidy data, and we have no objection if USPIRG wants to awards points for that practice.

The problem is that USPIRG’s scoring category on subsidies also covers grants, some of which are economic development subsidies but many of which are not. The distinction is not made clear, and in numerous cases it appears that the data treated by USPIRG as subsidy disclosure is actually information relating to other kinds of grants to non-governmental entities. For example, the Massachusetts transparency portal (which is given 8 of 10 points in the subsidy category) lists grants to non-profit organizations for providing social services, but it does not cover the state’s job creation programs. The latter include tax credits that will soon be disclosed, thanks to the efforts of groups such as PIRG’s Massachusetts affiliate.

It is understandable that USPIRG, in its effort to promote the march of government openness, would want to take a flexible position about what constitutes transparency. But the fact of the matter is that most online subsidy disclosure is still fragmented, occurring through far-flung webpages and obscure PDF reports. That’s precisely why we at Good Jobs First created Subsidy Tracker, which brings all those disparate sources (plus unpublished data) together in one national search engine.

Centralized state transparency portals are certainly a welcome development, and we salute USPIRG for promoting them, but they are not yet an effective means of educating the public on big giveaways of tax dollars.

Cross-posted from the Dirt Diggers Digest.

South Carolina Joins Subsidy Tracker

March 12, 2012

South Carolina has become the 48th state to be represented in Subsidy Tracker, the Good Jobs First database of company-specific economic development subsidy awards. That leaves only Mississippi and Nevada with no entries, but we are working to rectify that through requests for unpublished data (neither state has any online disclosure). Subsidy Tracker now contains more than 121,000 awards from 308 programs in those 48 states and the District of Columbia.

Until recently we thought that South Carolina was also a non-disclosure state, but my colleague Kasia Tarczynska discovered online postings of some obscure reports produced by the state’s commerce department for the state legislature. The reports—annual summaries of enterprise zone activity—list which companies have gotten approval for their “revitalization agreements” in connection with the Job Development Credit Program. They also list the same for the Job Retraining Credit Program. Unfortunately, the lists do not include the size of the credits each company is receiving, though in the case of the retraining credits they include the number of workers eligible for the retraining.

We have also continued our quest for both published and unpublished information for other programs. Here are the latest datasets we have obtained:

- Colorado: Colorado First Training Program (FY2010-FY2011)
- Colorado: Existing Industry Training Program (FY2010-FY2011)
- Delaware: Blue Collar Training Grant (1997 to Jan 2012)
- Kansas: Kansas Economic Opportunity Initiatives Fund (2007-2012)
- Minnesota: Minnesota Investment Fund (2007-2011)
- Missouri: Chapter 100 Industrial Revenue Bonds (2009-2011)
- South Carolina: Enterprise Zone Job Development Credit (2005-2007; 2009-2010)
- South Carolina: Enterprise Zone Job Retraining Credit (2005-2007; 2009-2010)
- Virginia: Virginia Jobs Investment Program (FY2009-FY2011)
- Washington: Job Skills Program (FY2009-FY2011)

new years
- Iowa: Research Activities Credit (now 2009-2011)
- Maine: Business Equipment Tax Reimbursement Program (now FY2009-FY2011)
- Missouri: Quality Jobs Program (now 2000-2011)

What’s NOT the Matter with Kansas and Arkansas?

February 17, 2012

Kansas and Arkansas are not big on subsidy transparency, but they are now represented for the first time in Good Jobs First’s Subsidy Tracker database. Using open records requests, we obtained data on nine corporate tax credit programs in Arkansas and two training programs in Kansas. This leaves only three states—Mississippi, Nevada and South Carolina—with no data in Subsidy Tracker. We are trying to obtain unpublished data from them as well.

The Kansas and Arkansas additions are part of the latest expansion of Subsidy Tracker: 20 new programs from a total of seven states. One of those states is Oregon, which recently began to post information on corporate tax credits pursuant to legislation enacted last year as the result of efforts by groups such as OSPIRG.

Subsidy Tracker now has more than 118,000 entries from 298 programs in 47 states and the District of Columbia. Below is a list of the latest programs added to the database.

Arizona: Arizona Competes Fund
Arkansas: Advantage Arkansas Income Tax Credits
Arkansas: ArkPlus Income Tax Credit
Arkansas: Create Rebate Program
Arkansas: Economic Investment Tax Credit
Arkansas: InvestArk Sales and Use Tax Credits
Arkansas: Sales and Use Tax Refund for Targeted Business
Arkansas: Targeted Business In-House Research Credits
Arkansas: Targeted Business Payroll Credits
Arkansas: TaxBack Sales and Use Tax Refunds
Kansas: Kansas Industrial Retraining
Kansas: Kansas Industrial Training
New Mexico: Film Investment Program
North Carolina: Industrial Development Fund
North Carolina: Job Maintenance and Capital Development Fund
North Carolina: Site Infrastructure Development Fund
Oregon: Employer Workforce Training Fund
Oregon: Greenlight Oregon Labor Rebate
Oregon: Oregon Investment Advantage Program
Rhode Island: Comprehensive Workforce Training Grants

NYC Unleashes Decades of Subsidy Data

February 1, 2012

After years of nudging by Good Jobs New York and others, subsidy transparency in the Big Apple took a giant leap forward yesterday.

Thanks to the New York City Council and a bill sponsored by Brooklyn’s Diana Reyna, the New York City Industrial Development Agency released data on 623 discretionary subsidy deals. The new report – which includes data as far back at the 1980’s – is trend-setting for being in excel (not just in PDF format) and for including all currently subsidized firms. Previous reports were only required to include project for a seven-year window. Previously, GJNY transcribed this data from PDF’s to create its “Database of Deals” and we will merge the two databases giving New Yorkers of all stripes: advocates, community organizers, elected and public officials, journalists and academics a unique tool that shines a light on how discretionary subsides are allocated.

As we explained in October of 2011 when the bill was passed, New York City is on an up- swing with regards to subsidy transparency. The report, formally known as the Annual Investment Projects Report, includes 126 fields of data including:

  • Current employment, promised employment and employment at time of deal
  • The amounts and types of city subsidies used to date and remaining
  •   Amount of subsidies recaptured
  • Percentage of employees that are city resident
  • Percentage of employees offered health benefits

Combining new subsidy deals, extensive company-specific data in a downloadable, excel format makes what we believe, to be the country’s best local subsidy disclosure report. Though, as reported last month, New York State still has plenty of room for improvement.

Good Jobs New York will be reviewing the data in the weeks ahead and will report back our findings. In the meantime, we encourage you to do the same!

Subsidy Tracker Extends Its Reach

January 24, 2012

Subsidy Tracker, the Good Jobs First database of company-specific information on state and local economic development subsidies, has extended its geographic reach. Tracker now has some data from 45 states and the District of Columbia.

The latest states to be represented are Massachusetts, New Mexico and Wyoming, along with DC. We also added more data from Arizona, Maryland and Wisconsin. Tracker now contains information on more than 115,000 subsidy awards from 278 programs.

This new information was collected from a variety of sources. Maryland just posted a new online tool called Finance Tracker, which contains data on various tax credit, grant and loan programs from the past few years. With recipient address data (which assists in mapping) and download features, it is a big improvement on the PDF reports that used to be the state’s main form of disclosure. The tax credit listings, however, still lack amounts.

Wisconsin’s updated info comes from the less-than-elegant compilation of economic development awards posted by the state’s Commerce Department. The Arizona and Wyoming data come from PDF reports on single programs, while DC’s information is from its first Unified Economic Development Report (distributed in PDF form as well).

The Massachusetts and New Mexico data are unpublished. The info on the Massachusetts Economic Development Incentive Program was obtained through a public records request filed by MASSPIRG, which kindly agreed to share the results with us. The info on New Mexico’s Job Training Incentive Program was supplied directly by the state’s Economic Development Department.

The fact that a state is represented in Tracker does not mean that we have data on all of its subsidy programs. Our coverage of states varies greatly, depending on what has been posted online. Since we have captured everything of significance that is on the web, our focus now is on collecting more unpublished data – both from the five states not yet in Tracker (Arkansas, Kansas, Mississippi, Nevada and South Carolina) and on additional programs from the other 45 states.

Stay tuned as we continue our effort to drag every state subsidy program into the sunlight.

New Year Brings New Recovery Board Chair

January 4, 2012

By Andrew Seifter, Good Jobs First

President Obama has appointed Kathleen S. Tighe, Inspector General of the Department of Education, as the new chair of the Recovery Accountability and Transparency Board.  Tighe replaces Earl Devaney, who held the post since the Recovery Act was enacted in February 2009, but announced last month that he was retiring.

As an existing member of the Recovery Board (which consists of cabinet agency Inspectors General), Tighe has demonstrated a strong record of cracking down on fraud and misuse of government funds, so she is a logical, if conventional, choice to replace Devaney.  In a press release announcing her appointment, the Recovery Board highlighted several instances in which Tighe helped win settlements or convictions against fraudulent companies or individuals, including a former City University of New York employee who was convicted for trying to “scam more than $1.5 million in Re­covery Act grant funds.”  According to Tighe’s November 2011 Report to Congress, the case involved a former employee at the University’s Research Foundation who had presented two fraudulent Grant Award Notifications that were discovered by an official who had recently participated in a Recovery Act grant fraud awareness training provided by Tighe’s office.

Tighe also continues to serve as a member of the Government Accountability and Transparency (GAT) Board, suggesting that she will remain a critical player in ongoing efforts to transfer the accountability measures of the Recovery Act to all federal spending.  The GAT Board has been active of late, issuing three key recommendations to the President in December.

As I surmised from reading Devaney’s resignation letter and his final Recovery.gov “Chairman’s Corner” column, one of the GAT Board recommendations is for a uniform ID system for all federal spending projects.  The Board wisely suggests that in pursuing this goal the government incorporate standardization efforts already underway at the Federal Acquisition Regulatory Council and the Treasury Department.  The other recommendations are somewhat broader: adopt a “cohesive, centralized accountability framework” to track spending, and reevaluate the methods the government employs to collect and display data.

The GAT Board mentioned one benefit of data standardization, in particular, that got our attention at Good Jobs First: it would “foster a common understanding of data between the Federal Government and the states, which are the largest recipients of Federal funds.”  We’d consider that a huge step forward for spending transparency, based on our experience tracking the Recovery Act.  Although the Stimulus has pushed the states toward improved disclosure, all too often certain information about both spending and outcomes (such as job impact) has been lost in translation as money moved from the federal government to state agencies that then passed it on to local recipients.

We also strongly support the GAT Board in urging the government to “stay on the cutting edge” by constantly exploring ways to make use of advances in technology such as geospatial services.  We’ve seen for ourselves that the possibilities in this regard are far greater than they were years, even months ago.  As the state of technology continues to improve, the bar for transparency must continue to rise.

Many of the GAT Board’s observations and recommendations are a direct result of the Recovery Act, and not just because it provided a powerful model for tracking billions of dollars of government funds.  The Recovery Act also moved the conversation forward by highlighting the limitations of the current system.

For example, the Recovery Act has pressed federal agencies to improve their internal reporting procedures and address problems with existing protocols.  As Recovery Board member and Department of Commerce IG Todd J. Zinser said in November 30 testimony to the House Science, Space and Technology Subcommittee on Oversight and Investigations, the Commerce Department met Recovery Act reporting requirements, but only by “performing many manual procedures to compensate for grant and contract system inadequacies.”  Zinser’s remarks bring to mind Recovery.gov Director Mike Wood’s comment last spring that a Deputy Secretary at the Department of Housing and Urban Development told him that HUD “changed their whole management structure … based on how they ran their Recovery program.”

Leaving a Lasting Legacy, Devaney Can Depart Recovery Board with Head Held High

December 14, 2011

By Andrew Seifter, Good Jobs First

Earl Devaney, who as Chairman of the Recovery Accountability and Transparency Board oversaw implementation of the Recovery Act’s revolutionary accountability measures, is retiring.

A longtime civil servant with a breadth of experience in law enforcement, Devaney proved during his tenure on the Recovery Board that enhanced transparency not only keeps the public informed of the costs and benefits of government spending projects; it also prevents waste and fraud.

While law enforcement officials still aggressively use the full weight of the law to go after instances of fraud, the bright light that the Recovery Act has shined on the flow of funds has made scammers think twice before trying to cheat Uncle Sam.  As Devaney recently told the Washington Post, “I think this [Recovery Act] money was so transparent that guys that really commit big frauds … didn’t come near this money.”  Recovery.gov director Michael Wood has similarly credited transparency for the Recovery Act’s “very low non-compliance rate” and “extremely low” fraud rate.

Devaney’s work is also a testament to the bipartisan nature of support for spending transparency and accountability.  Even on an issue as politically polarizing as the Recovery Act, Devaney’s efforts to police stimulus funds are respected on both sides of the aisle.  How many other officials in Washington, upon announcing their retirement, could draw effusive praise from both Vice President Biden and Republican Congressman Darrell Issa?

In addition to leaving the Recovery Board, Devaney is also resigning as Chairman of the Government Accountability and Transparency Board (GATB), the institution President Obama created this year and tasked with expanding the Recovery Act’s transparency measures to all federal spending.  In his resignation letter, Devaney hinted that the GATB is “on the verge of proposing concrete methods to increase accountability and transparency of all Federal funds.”

On November 21, Devaney devoted his final Recovery.gov “Chairman’s Corner” column to making the case for a “uniform government-wide award identification number” for federal spending. This administrative restructuring, he argued, is essential for full spending transparency and will save the government both time and money.  We’ll see if this recommendation is part of the forthcoming GATB proposal that he referenced.

No doubt a very busy man, there is one other position that Devaney is stepping down from before riding off into the sunset: Inspector General of the Interior Department.  Among his many accomplishments while serving in that post, which he’s held since 1999, Devaney oversaw investigations that led to the well-publicized conviction of lobbyist Jack Abramoff.

Most Texas Enterprise Fund Job Grantees Failed to Deliver in 2010

November 9, 2011

Source: Texans for Public Justice, 2011.

A new Texans for Public Justice report (available here) finds that most of Governor Rick Perry’s Texas Enterprise Fund (TEF) projects failed to deliver on their 2010 job promises. The study analyzes compliance reports filed by 65 companies that received $350 million to create Texas jobs in 2010.

“Governor Perry’s jobs’ stimulus program is a classic example of government waste, fraud and abuse,” said Texans for Public Justice Director Craig McDonald. “The Enterprise Fund has an alarming rate of defaulting on the Governor’s jobs promises.”

A summary that Governor Perry’s office published in August suggests that $440 million in taxpayer TEF grants have created 59,600 Texas jobs. Perry claimed in an October presidential debate that TEF has produced 54,600 jobs. Putting aside five TEF projects that TPJ asserts are fraudulent job claims and a sixth project that appears to be undergoing an audit, TPJ found evidence that TEF had created 22,349 jobs by the end of 2010. That number amounts to 37 percent of the job claims made by the Governor’s Office.

Analyzing the 65 TEF projects, the new report found that:

  • 24 projects (37 percent) failed to deliver on their original 2010 job promises;
  • 17 projects (26 percent) complied with their 2010 job commitments;
  • 11 failing projects were terminated prematurely (17 percent);
  • 7 projects are troubled (11 percent), usually because they defaulted on 2010 job pledges but covered the shortfall with job credits earned by exceeding their job targets in past years;
  • 5  projects (8 percent) were found by TPJ to fraudulently claim that they created more jobs than they actually did (this category includes most of TEF’s largest grants); and
  • One project claimed “new” jobs that had hiring dates predating its TEF contract.

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