N.Y. COM Law § 423

§ 423. Eligibility criteria. 1. To be a participant in the empire\nstate jobs retention program, a business entity shall operate in New\nYork state predominantly:\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; or\n (g) in a distribution center.\n 2. When determining whether an applicant is operating predominantly 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\nempire state jobs retention program, a business entity operating in one\nof the strategic industries listed in subdivision one of this section\n(a) must be located in a county in which an emergency has been declared\nby the governor on or after January first, two thousand eleven, (b) must\ndemonstrate substantial physical damage and economic harm resulting from\nthe event leading to the emergency declaration by the governor, and (c)\nmust have had at least one hundred full-time equivalent jobs in the\ncounty in which an emergency has been declared by the governor on the\nday immediately preceding the day on which the event leading to the\nemergency declaration by the governor occurred, and must retain or\nexceed that number of jobs in New York state.\n 4. 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, a business entity\nengaged predominantly in the retail or entertainment industry, or a\ncompany engaged in the generation or distribution of electricity, the\ndistribution of natural gas, or the production of steam associated with\nthe generation of electricity are not eligible to receive the tax credit\ndescribed in this article.\n 5. 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. In addition, a business entity must\nnot owe local property taxes for any year prior to the year in which it\napplies to participate in the empire state jobs retention program.\n