N.Y. General Municipal Law § 959-b: Clean energy enterprises

§ 959-b. Clean energy enterprises. (a) For purposes of this section,

"clean energy enterprise" shall mean any business primarily engaged in

research, development or manufacturing of renewable energy or energy

efficiency technologies or products; provided, however, that an initial

clean coal electric generating facility capable of capturing carbon

dioxide for sequestration or capable of being retrofitted to capture

carbon dioxide for sequestration shall constitute an eligible business

for purposes of this section. A business is primarily engaged in

research, development or manufacturing of renewable energy or energy

efficiency technologies or products if eighty percent or more of its

property in New York is utilized for such purposes.

(b) The commissioner of economic development shall serve as the sole

certification officer for businesses seeking certification as a clean

energy enterprise. The commissioner of economic development, after

consultation with the executive director of the New York state energy

research and development authority, shall promulgate regulations

governing (i) criteria of eligibility for designation of a clean energy

enterprise, (ii) the application process, and (iii) the certification by

the commissioner of economic development as to the eligibility of

business enterprises for benefits referred to in section nine hundred

sixty-six of this article. A business so certified shall be deemed to be

eligible for such benefits as if such business were located in an

investment zone as defined in paragraph (i) of subdivision (d) of

section nine hundred fifty-seven of this article. No such certification

shall be made after June thirtieth, two thousand ten.

(c) Such enterprise shall be exempt from the requirements of paragraph

(iii) of subdivision (a) of section nine hundred fifty-eight, sections

nine hundred sixty-one, nine hundred sixty-two and nine hundred

sixty-three of this article.