N.Y. Labor Law § 772: Grants, guaranteed loans and tax benefits

§ 772. Grants, guaranteed loans and tax benefits. 1. Except as

provided in subdivision four of this section and notwithstanding any

other provision of law, a call center employer that appears on the list

described in section seven hundred seventy-one of this article shall be

ineligible to enter into any agreements for any state grants or state

guaranteed loans for a period of five years from the date such list is

published.

2. Except as provided in subdivision four of this section and

notwithstanding any other provision of law, a call center employer that

appears on the list described in section seven hundred seventy-one of

this article shall remit the unamortized value of any state grant or

state guaranteed loans it has previously received for the call center

appearing on the list, if the agreement for such grants and loans was

entered into after the effective date of this article. Nothing in this

subdivision shall be deemed to prevent the call center employer from

receiving any grant to provide training or other employment assistance

to individuals who are selected as being in particular need of training

or other employment assistance due to the transfer or relocation of the

call center employer's facility or operating units.

3. Except as provided in subdivision four of this section and

notwithstanding any other provision of law, a call center employer that

appears on the list described in section seven hundred seventy-one of

this article shall not be allowed any tax credit described in

subdivision (c) of section seven hundred seventy of this article for the

five taxable years, excluding short taxable years, immediately

succeeding the taxable year in which the call center first appears on

such list, if the agreement for such tax credit was entered into after

the effective date of this article.

4. The commissioner, in consultation with the appropriate agency

providing a loan, grant or tax credit may waive the requirement provided

under subdivision one, two or three of this section if the call center

employer demonstrates that such requirement would:

(a) threaten state or national security;

(b) result in substantial actual or potential job loss in the state of

New York; or

(c) harm the environment.

If the commissioner waives such requirement, such commissioner shall

promptly notify the commissioner of taxation and finance of such waiver.