N.Y. Economic Development Law § 441: Definitions

* § 441. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Approved provider" means an entity meeting such criteria as shall

be established by the commissioner in rules and regulations promulgated

pursuant to this article, that may provide eligible training to

employees of a business entity participating in the employee training

incentive program; provided that, for internship programs, the business

entity shall be an approved provider or an approved provider in contract

with such business entity. Such criteria shall ensure that any approved

provider possess adequate credentials to provide the training described

in an application by a business entity to the commissioner to

participate in the employee training incentive program.

2. "Commissioner" means the commissioner of economic development.

3. "Eligible training" means (a) training provided by the business

entity or an approved provider that is:

(i) to upgrade, retrain or improve the productivity of employees;

(ii) provided to employees in connection with a significant capital

investment by a participating business entity;

(iii) determined by the commissioner to satisfy a business need on the

part of a participating business entity;

(iv) not designed to train or upgrade skills as required by a federal

or state entity;

(v) not training the completion of which may result in the awarding of

a license or certificate required by law in order to perform a job

function; and

(vi) not culturally focused training; or

(b) an internship program in advanced technology, life sciences,

software development or clean energy approved by the commissioner and

provided by the business entity or an approved provider, on or after

August first, two thousand fifteen, to provide employment and experience

opportunities for current students, recent graduates, and recent members

of the armed forces.

4. "Life sciences" means agricultural biotechnology, biogenerics,

bioinformatics, biomedical engineering, biopharmaceuticals, academic

medical centers, biotechnology, chemical synthesis, chemistry

technology, medical diagnostics, genomics, medical image analysis,

marine biology, medical devices, medical nanotechnology, natural product

pharmaceuticals, proteomics, regenerative medicine, RNA interference,

stem cell research, medical and neurological clinical trials, health

robotics and veterinary science. "Life sciences company" is a business

entity or an organization or institution that devotes the majority of

its efforts in the various stages of research, development, technology

transfer and commercialization related to any life sciences field.

5. "Significant capital investment" means a capital investment in new

business processes or equipment, the cost of which is equal to or

exceeds ten dollars for every one dollar of tax credit allowed to an

eligible business entity under this program pursuant to subdivision

fifty of section two hundred ten-B or subsection (ddd) of section six

hundred six of the tax law.

6. "Strategic industry" means an industry in this state, as

established by the commissioner in regulations promulgated pursuant to

this article, based upon the following criteria:

(a) shortages of workers trained to work within the industry;

(b) technological disruption in the industry, requiring significant

capital investment for existing businesses to remain competitive;

(c) the ability of businesses in the industry to relocate outside of

the state in order to attract talent;

(d) the potential to recruit minorities and women to be trained to

work in the industry in which they are traditionally underrepresented;

(e) the potential to create jobs in economically distressed areas,

which shall be based on criteria indicative of economic distress,

including poverty rates, numbers of persons receiving public assistance,

and unemployment rates; or

(f) such other criteria as shall be developed by the commissioner in

consultation with the commissioner of labor.

* NB Repealed December 31, 2028