N.Y. Comp. Codes R. & Regs. Tit. 5 § 191.2 - Eligibility criteria

(a) To be a participant in the program, an applicant must be operating predominantly in a strategic industry and meet the respective job requirements for strategic industries or be a regionally significant project. When determining whether an applicant is operating predominantly in a strategic industry, or as a regionally significant project, 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.

(b) Strategic industries shall consist of the following:

(1) financial services data center or a financial services back office operation;

(2) manufacturing, including in animal and plant fiber textile manufacturing;

(3) software development;

(4) scientific research and development;

(5) agriculture;

(6) the creation or expansion of back office operations in the State;

(7) distribution center;

(8) entertainment;

(9) music production;

(10) life sciences;

(11) an industry with significant potential for private-sector economic growth and development in this State;

(12) a company operating in one of the industries listed in paragraphs (2) through (5) of this subdivision and engaging in a green project as defined in subdivision (p) of section 190.2 of this Title;

(13) as a participant operating in one of the industries listed in paragraphs (1) through (11) and (14) of this subdivision and operating or sponsoring child care services to its employees as defined in subdivision (i) of section 190.2 of this Title; or

(14) as a Green CHIPS project.

(c) Job requirements for strategic industries. Notwithstanding subdivision (g) of this section, 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 25 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 25 net new jobs or a business entity operating predominantly as a distribution center in the State must create at least 50 net new jobs; a business entity operating predominantly as an entertainment company must create or obtain at least 100 net new jobs; a business entity operating predominantly in music production must create at least five net new jobs; 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 a Green CHIPS project as defined in Part 190 of this Title.

(d) A business entity operating predominantly in one of the strategic industries referenced in paragraphs 1-7 and 10-11 of subdivision (b) of this section but which does not meet the job requirements of subdivision (c) of this section must have at least 25 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 10 to one.

(e) A business entity must be in substantial compliance with all worker protection and environmental laws and regulations.

(f) A business entity may not owe past due State or local taxes; provided, however, in the case of a tax certiorari proceeding a business entity would not be considered in arrears until a final decision is made with respect to such proceeding.

(g) 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, a business entity engaged predominantly in the retail or entertainment industry, other than a business operating as an entertainment company and other than a business entity engaged in music production, and a business entity engaged in the generation or distribution of electricity, the distribution of natural gas, or the production of steam associated with the generation of electricity is not eligible to participate in the program.

(h) A business entity must demonstrate that it has satisfied the job requirements for strategic industries indicated in section 191.2(c) of this Part. A business entity certified as a regionally significant project must demonstrate that it is a regionally significant project as defined in section 190.2a l of this Title and satisfies the job and investment requirements therein. A business entity participating in the Excelsior Jobs Program through a Green CHIPS project must demonstrate that the project is a Green CHIPS project as defined in section 190.2(u) of this Title and satisfies the job and investment requirements therein.

(i) Notwithstanding the requirements of this section, an existing participant in the Excelsior Jobs Program may be eligible for an enhanced investment tax credit on net new expenditures for projects for child care services and the excelsior child care services tax credit component, provided:

(1) the participant is in compliance with the requirements of this Part; and

(2) the participant is seeking to provide additional services on condition of receipt of additional tax credits attributable to child care services. Such existing participant may apply to the department for the benefit as defined in section 193.1 of this Title. In no circumstances shall the benefit term for child care services exceed the existing participant's existing benefit term in its preliminary schedule of benefits.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 5 § 191.2

Amended New York State Register June 27, 2018/Volume XL, Issue 26, eff. 6/27/2018 Amended New York State Register December 16, 2020/Volume XLII, Issue 50, eff. 12/16/2020 Amended New York State Register May 3, 2023/Volume XLV, Issue 18, eff. 5/3/2023