2021 New York Laws
COM - Economic Development Law
Article 17 - Excelsior Jobs Program Act
353 - Eligibility Criteria.

§  353.  Eligibility criteria. 1. To be a participant in the excelsior
jobs program,  a  business  entity  shall  operate  in  New  York  state
predominantly:
  (a)  as  a financial services data center or a financial services back
office operation;
  (b) in manufacturing;
  (c) in software development and new media;
  (d) in scientific research and development;
  (e) in agriculture;
  (f) in the creation or expansion of  back  office  operations  in  the
state;
  (g) in a distribution center;
  (h)  in  an  industry  with  significant  potential for private-sector
economic growth and development in this  state  as  established  by  the
commissioner  in  regulations  promulgated  pursuant to this article. In
promulgating such regulations the commissioner  shall  include  job  and
investment criteria;
  (i) as an entertainment company;
  (j) in music production;
  (k) as a life sciences company;
  (l)  as  a  company  operating  in  one  of  the  industries listed in
paragraphs (b) through (e) of this subdivision and engaging in  a  green
project  as  defined in section three hundred fifty-two of this article;
or
  (m) as a participant operating in one  of  the  industries  listed  in
paragraphs  (a)  through  (k)  of  this  subdivision  and  operating  or
sponsoring child care services to its employees as  defined  in  section
three hundred fifty-two of this article.
  2. When determining whether an applicant is operating predominately in
one  of  the  industries  listed in subdivision one of this section, 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.
  3. For the purposes of this article, in order to  participate  in  the
excelsior  jobs  program,  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  twenty-five 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
twenty-five  net  new jobs; a business entity operating predominately in
music production must create at least five  net  new  jobs;  a  business
entity  operating  predominantly as an entertainment company must create
or obtain at least one hundred  net  new  jobs;  or  a  business  entity
operating  predominantly  as  a  distribution  center  in the state must
create at least fifty net new jobs, notwithstanding subdivision five  of
this  section;  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 as defined in this
article; or
  4. A business entity operating predominantly in one of the  industries
referenced  in  paragraphs  (a)  through  (h)  or  in  paragraph  (k) of
subdivision one of  this  section  but  which  does  not  meet  the  job
requirements  of  subdivision  three  of this section must have at least

twenty-five 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 ten to one.
  5.  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, and a business entity
engaged predominantly in the retail  or  entertainment  industry,  other
than a business operating as an entertainment company as defined in this
article  and  other  than a business entity engaged in music production,
and a company engaged in the generation or distribution of  electricity,
the  distribution  of natural gas, or the production of steam associated
with the generation of electricity are not eligible to receive  the  tax
credit described in this article.
  6.  A business entity must be in compliance with all worker protection
and environmental laws and regulations. In addition, a  business  entity
may not owe past due state taxes or local property taxes.