N.Y. Economic Development Law § 423: Eligibility criteria

§ 423. Eligibility criteria. 1. For the purposes of this article, in

order to participate in the empire state jobs retention program on or

after June first, two thousand twenty-five, a business entity must

demonstrate substantial physical damage and economic harm at a location

or locations within an area for which the governor has issued an

emergency declaration and resulting from the event leading to the

emergency declaration by the governor. At the time of application, a

business entity shall submit to the department a plan to retain, restore

or increase staffing levels within one year from the date of application

to at least the staffing levels that existed at the site the day prior

to the date of the applicable declaration of the state of emergency. Any

recipient that does not adhere to its jobs retention plan, shall have

its program award rescinded unless the recipient can demonstrate

economic hardship to the commissioner, in which case any such program

award may be reduced proportionally by the number of employees not

restored or retained.

2. 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. In addition, a business entity must

not owe local property taxes for any year prior to the year in which it

applies to participate in the empire state jobs retention program.