N.Y. Economic Development Law § 353: Eligibility criteria

§ 353. Eligibility criteria. 1. To be a participant in the excelsior

jobs program, a business entity shall operate in New York state

predominantly:

(a) as a financial services data center or a financial services back

office operation;

(b) in manufacturing, including in animal and plant fiber textile

manufacturing;

(c) in software development and new media;

(d) in scientific research and development;

(e) in agriculture;

(f) in the creation or expansion of back office operations in the

state;

(g) in a distribution center;

(h) in an industry with significant potential for private-sector

economic growth and development in this state as established by the

commissioner in regulations promulgated pursuant to this article. In

promulgating such regulations the commissioner shall include job and

investment criteria;

(i) as an entertainment company;

(j) in music production;

(k) as a life sciences company;

(l) as a company operating in one of the industries listed in

paragraphs (b) through (e) of this subdivision and engaging in a green

project as defined in section three hundred fifty-two of this article;

(m) as a participant operating in one of the industries listed in

paragraphs (a) through (k) of this subdivision and operating or

sponsoring child care services to its employees as defined in section

three hundred fifty-two of this article;

(n) as a Green CHIPS project; or

(o) as a company operating in one of the industries listed in

paragraphs (a) through (k) of this subdivision and engaging in a

semiconductor supply chain project as defined in section three hundred

fifty-two of this article.

2. When determining whether an applicant is operating predominately in

one of the industries listed in subdivision one of this section, the

commissioner will examine the nature of the business activity at the

location for the proposed project and will make eligibility

determinations based on such activity.

3. For the purposes of this article, in order to participate in the

excelsior jobs program, a business entity operating predominantly in

manufacturing must create at least five net new jobs; a business entity

operating predominately in agriculture must create at least five net new

jobs; a business entity operating predominantly as a financial service

data center or financial services customer back office operation must

create at least twenty-five net new jobs; a business entity operating

predominantly in scientific research and development must create at

least five net new jobs; a business entity operating predominantly in

software development must create at least five net new jobs; a business

entity creating or expanding back office operations must create at least

twenty-five net new jobs; a business entity operating predominately in

music production must create at least five net new jobs; a business

entity operating predominantly as an entertainment company must create

or obtain at least one hundred net new jobs; or a business entity

operating predominantly as a distribution center in the state must

create at least fifty net new jobs, notwithstanding subdivision five of

this section; or a business entity operating predominately as a life

sciences company must create at least five net new jobs; or a business

entity must be a regionally significant project or Green CHIPS project

as defined in this article; or

4. A business entity operating predominantly in one of the industries

referenced in paragraphs (a) through (h) or in paragraph (k) of

subdivision one of this section but which does not meet the job

requirements of subdivision three of this section must have at least

twenty-five full-time job equivalents unless such business is a business

entity operating predominantly in manufacturing then it must have at

least five full-time job equivalents and must demonstrate that its

benefit-cost ratio is at least ten to one.

5. A not-for-profit business entity, a business entity whose primary

function is the provision of services including personal services,

business services, or the provision of utilities, and a business entity

engaged predominantly in the retail or entertainment industry, other

than a business operating as an entertainment company as defined in this

article and other than a business entity engaged in music production,

and a company engaged in the generation or distribution of electricity,

the distribution of natural gas, or the production of steam associated

with the generation of electricity are not eligible to receive the tax

credit described in this article.

6. A business entity must be in compliance with all worker protection

and environmental laws and regulations. In addition, a business entity

may not owe past due state taxes or local property taxes.

7. Notwithstanding subdivision sixteen of section three hundred

fifty-two of this article, the department is hereby authorized to allow

phase two of a Green CHIPS project to enter into a new and separate

schedule of benefits which may overlap with the phase one of a Green

CHIPS project schedule of benefits, for a new ten-year benefit term.

Notwithstanding paragraph three of subdivision a of section three

hundred fifty-four of this article, such phase two of a Green CHIPS

project shall be admitted into the program. Provided however, for such

phase two of a Green CHIPS project, the new benefit term shall

exclusively be provided for net new investments, new research and

development expenditures, and net new job creation above the commitments

outlined in the schedule of benefits for a business' phase one of a

Green CHIPS project with the department. Assuming the requirements of

this article have been met, both a Green CHIPS project and any phase two

of such project shall be eligible for benefits under section three

hundred fifty-five of this article.