N.Y. COM Law § 353

§ 353. Eligibility criteria. 1. To be a participant in the excelsior\njobs program, a business entity shall operate in New York state\npredominantly:\n (a) as a financial services data center or a financial services back\noffice operation;\n (b) in manufacturing;\n (c) in software development and new media;\n (d) in scientific research and development;\n (e) in agriculture;\n (f) in the creation or expansion of back office operations in the\nstate;\n (g) in a distribution center;\n (h) in an industry with significant potential for private-sector\neconomic growth and development in this state as established by the\ncommissioner in regulations promulgated pursuant to this article. In\npromulgating such regulations the commissioner shall include job and\ninvestment criteria;\n (i) as an entertainment company; or\n (j) in music production.\n 2. When determining whether an applicant is operating predominately in\none of the industries listed in subdivision one of this section, the\ncommissioner will examine the nature of the business activity at the\nlocation for the proposed project and will make eligibility\ndeterminations based on such activity.\n 3. For the purposes of this article, in order to participate in the\nexcelsior jobs program, a business entity operating predominantly in\nmanufacturing must create at least ten net new jobs; a business entity\noperating predominately in agriculture must create at least five net new\njobs; a business entity operating predominantly as a financial service\ndata center or financial services customer back office operation must\ncreate at least fifty net new jobs; a business entity operating\npredominantly in scientific research and development must create at\nleast five net new jobs; a business entity operating predominantly in\nsoftware development must create at least five net new jobs; a business\nentity creating or expanding back office operations must create at least\nfifty net new jobs; a business entity operating predominately in music\nproduction must create at least five net new jobs; a business entity\noperating predominantly as an entertainment company must create or\nobtain at least one hundred net new jobs; or a business entity operating\npredominantly as a distribution center in the state must create at least\nseventy-five net new jobs, notwithstanding subdivision five of this\nsection; or a business entity must be a regionally significant project\nas defined in this article; or\n 4. A business entity operating predominantly in one of the industries\nreferenced in paragraphs (a) through (h) of subdivision one of this\nsection but which does not meet the job requirements of subdivision\nthree of this section must have at least twenty-five full-time job\nequivalents unless such business is a business entity operating\npredominantly in manufacturing then it must have at least ten full-time\njob equivalents and must demonstrate that its benefit-cost ratio is at\nleast ten to one.\n 5. A not-for-profit business entity, a business entity whose primary\nfunction is the provision of services including personal services,\nbusiness services, or the provision of utilities, and a business entity\nengaged predominantly in the retail or entertainment industry, other\nthan a business operating as an entertainment company as defined in this\narticle and other than a business entity engaged in music production,\nand a company engaged in the generation or distribution of electricity,\nthe distribution of natural gas, or the production of steam associated\nwith the generation of electricity are not eligible to receive the tax\ncredit described in this article.\n 6. A business entity must be in compliance with all worker protection\nand environmental laws and regulations. In addition, a business entity\nmay not owe past due state taxes or local property taxes.\n