2019 New York Laws
COM - Economic Development Law
Article 22 - Employee Training Incentive Program
441 - Definitions.

§ 441. Definitions. As used in this article, the following terms shall
have the following meanings:
  1.  "Approved provider" means an entity meeting such criteria as shall
be established by the commissioner in rules and regulations  promulgated
pursuant  to  this  article,  that  may  provide  eligible  training  to
employees of a business entity participating in  the  employee  training
incentive  program; provided that, for internship programs, the business
entity shall be an approved provider or an approved provider in contract
with such business entity. Such criteria shall ensure that any  approved
provider  possess adequate credentials to provide the training described
in  an  application  by  a  business  entity  to  the  commissioner   to
participate in the employee training incentive program.
  2. "Commissioner" means the commissioner of economic development.
  3.  "Eligible  training"  means  (a) training provided by the business
entity or an approved provider that is:
  (i) to upgrade, retrain or improve the productivity of employees;
  (ii) provided to employees in connection with  a  significant  capital
investment by a participating business entity;
  (iii) determined by the commissioner to satisfy a business need on the
part of a participating business entity;
  (iv)  not designed to train or upgrade skills as required by a federal
or state entity;
  (v) not training the completion of which may result in the awarding of
a license or certificate required by law  in  order  to  perform  a  job
function; and
  (vi) not culturally focused training; or
  (b)  an  internship  program  in  advanced  technology, life sciences,
software development or clean energy approved by  the  commissioner  and
provided  by  the  business  entity or an approved provider, on or after
August first, two thousand fifteen, to provide employment and experience
opportunities for current students, recent graduates, and recent members
of the armed forces.
  4. "Life  sciences"  means  agricultural  biotechnology,  biogenerics,
bioinformatics,  biomedical  engineering,  biopharmaceuticals,  academic
medical   centers,   biotechnology,   chemical   synthesis,    chemistry
technology,  medical  diagnostics,  genomics,  medical  image  analysis,
marine biology, medical devices, medical nanotechnology, natural product
pharmaceuticals, proteomics, regenerative  medicine,  RNA  interference,
stem  cell  research,  medical  and neurological clinical trials, health
robotics and veterinary science. "Life sciences company" is  a  business
entity  or  an  organization or institution that devotes the majority of
its efforts in the various stages of research,  development,  technology
transfer and commercialization related to any life sciences field.
  5.  "Significant capital investment" means a capital investment in new
business processes or equipment, the  cost  of  which  is  equal  to  or
exceeds  ten  dollars  for  every one dollar of tax credit allowed to an
eligible business entity under  this  program  pursuant  to  subdivision
fifty  of  section  two hundred ten-B or subsection (ddd) of section six
hundred six of the tax law.
  6.  "Strategic  industry"  means  an  industry  in  this   state,   as
established  by  the commissioner in regulations promulgated pursuant to
this article, based upon the following criteria:
  (a) shortages of workers trained to work within the industry;
  (b) technological disruption in the  industry,  requiring  significant
capital investment for existing businesses to remain competitive;
  (c)  the  ability of businesses in the industry to relocate outside of
the state in order to attract talent;
  (d) the potential to recruit minorities and women  to  be  trained  to
work in the industry in which they are traditionally underrepresented;
  (e)  the  potential  to  create jobs in economically distressed areas,
which shall be  based  on  criteria  indicative  of  economic  distress,
including poverty rates, numbers of persons receiving public assistance,
and unemployment rates; or
  (f)  such  other criteria as shall be developed by the commissioner in
consultation with the commissioner of labor.