N.Y. Economic Development Law § 422

§ 422. Definitions. For the purposes of this article:\n 1. "Agriculture" means both agricultural production (establishments\nperforming the complete farm or ranch operation, such as farm\nowner-operators, tenant farm operators, and sharecroppers) and\nagricultural support (establishments that perform one or more activities\nassociated with farm operation, such as soil preparation, planting,\nharvesting, and management, on a contract or fee basis).\n 2. "Back office operations" means a business function that may include\none or more of the following activities: customer service, information\ntechnology and data processing, human resources, accounting and related\nadministrative functions.\n 3. "Certificate of eligibility" means the document issued by the\ndepartment to an applicant that has completed an application to be\nadmitted into the empire state jobs retention program and has been\naccepted into the program by the department. Possession of a certificate\nof eligibility does not by itself guarantee the eligibility to claim the\ntax credit.\n 4. "Certificate of tax credit" means the document issued to a\nparticipant by the department, after the department has verified that\nthe participant has met all applicable eligibility criteria in this\narticle. The certificate shall be issued annually if such criteria are\nsatisfied and shall specify the exact amount of each tax credit under\nthis article that a participant may claim, pursuant to section four\nhundred twenty-five of this article, and shall specify the taxable year\nin which such credit may be claimed.\n 5. "Distribution center" means a large scale facility involving\nprocessing, repackaging and/or movement of finished or semi-finished\ngoods to retail locations across a multi-state area.\n 6. "Financial services data centers" or "financial services customer\nback office operations" means operations that manage the data or\naccounts of existing customers or provide product or service information\nand support to customers of financial services companies, including\nbanks, other lenders, securities and commodities brokers and dealers,\ninvestment banks, portfolio managers, trust offices, and insurance\ncompanies.\n 7. "Impacted jobs" means jobs existing at a business enterprise at a\nlocation or locations within the county declared an emergency by the\ngovernor on the day immediately preceding the day on which the event\nleading to the emergency declaration by the governor occurred.\n 8. "Manufacturing" means the process of working raw materials into\nproducts suitable for use or which gives new shapes, new quality or new\ncombinations to matter which has already gone through some artificial\nprocess by the use of machinery, tools, appliances, or other similar\nequipment. "Manufacturing" does not include an operation that involves\nonly the assembly of components, provided, however, the assembly of\nmotor vehicles or other high value-added products shall be considered\nmanufacturing.\n 9. "Participant" means a business entity that:\n (a) has completed an application prescribed by the department to be\nadmitted into the program;\n (b) has been issued a certificate of eligibility by the department;\n (c) has demonstrated that it meets the eligibility criteria in section\nfour hundred twenty-three and subdivision two of section four hundred\ntwenty-four of this article; and\n (d) has been certified as a participant by the commissioner.\n 10. "Preliminary schedule of benefits" means the maximum aggregate\namount of the tax credit that a participant in the empire state jobs\nretention program is eligible to receive pursuant to this article. The\nschedule shall indicate the annual amount of the credit a participant\nmay claim in each of its ten years of eligibility. The preliminary\nschedule of benefits shall be issued by the department when the\ndepartment approves the application for admission into the program. The\ncommissioner may amend that schedule, provided that the commissioner\ncomplies with the credit caps in section three hundred fifty-nine of\nthis chapter.\n 11. "Related person" means a related person pursuant to subparagraph\n(c) of paragraph three of subsection (b) of section four hundred\nsixty-five of the internal revenue code.\n 12. "Scientific research and development" means conducting research\nand experimental development in the physical, engineering, and life\nsciences, including but not limited to agriculture, electronics,\nenvironmental, biology, botany, biotechnology, computers, chemistry,\nfood, fisheries, forests, geology, health, mathematics, medicine,\noceanography, pharmacy, physics, veterinary, and other allied subjects.\nFor the purposes of this article, scientific research and development\ndoes not include medical or veterinary laboratory testing facilities.\n 13. "Software development" means the creation of coded computer\ninstructions and includes new media as defined by the commissioner in\nregulations.\n