N.Y. COM Law § 441 — New York Code / Act COM / Article 22 / Section 441
Definitions
Status: in_force

* § 441. Definitions. As used in this article, the following terms\nshall have the following meanings:\n  1. "Approved provider" means an entity meeting such criteria as shall\nbe established by the commissioner in rules and regulations promulgated\npursuant to this article, that may provide eligible training to\nemployees of a business entity participating in the employee training\nincentive program; provided that, for internship programs, the business\nentity shall be an approved provider or an approved provider in contract\nwith such business entity. Such criteria shall ensure that any approved\nprovider possess adequate credentials to provide the training described\nin an application by a business entity to the commissioner to\nparticipate in the employee training incentive program.\n  2. "Commissioner" means the commissioner of economic development.\n  3. "Eligible training" means (a) training provided by the business\nentity or an approved provider that is:\n  (i) to upgrade, retrain or improve the productivity of employees;\n  (ii) provided to employees in connection with a significant capital\ninvestment by a participating business entity;\n  (iii) determined by the commissioner to satisfy a business need on the\npart of a participating business entity;\n  (iv) not designed to train or upgrade skills as required by a federal\nor state entity;\n  (v) not training the completion of which may result in the awarding of\na license or certificate required by law in order to perform a job\nfunction; and\n  (vi) not culturally focused training; or\n  (b) an internship program in advanced technology, life sciences,\nsoftware development or clean energy approved by the commissioner and\nprovided by the business entity or an approved provider, on or after\nAugust first, two thousand fifteen, to provide employment and experience\nopportunities for current students, recent graduates, and recent members\nof the armed forces.\n  4. "Life sciences" means agricultural biotechnology, biogenerics,\nbioinformatics, biomedical engineering, biopharmaceuticals, academic\nmedical centers, biotechnology, chemical synthesis, chemistry\ntechnology, medical diagnostics, genomics, medical image analysis,\nmarine biology, medical devices, medical nanotechnology, natural product\npharmaceuticals, proteomics, regenerative medicine, RNA interference,\nstem cell research, medical and neurological clinical trials, health\nrobotics and veterinary science. "Life sciences company" is a business\nentity or an organization or institution that devotes the majority of\nits efforts in the various stages of research, development, technology\ntransfer and commercialization related to any life sciences field.\n  5. "Significant capital investment" means a capital investment in new\nbusiness processes or equipment, the cost of which is equal to or\nexceeds ten dollars for every one dollar of tax credit allowed to an\neligible business entity under this program pursuant to subdivision\nfifty of section two hundred ten-B or subsection (ddd) of section six\nhundred six of the tax law.\n  6. "Strategic industry" means an industry in this state, as\nestablished by the commissioner in regulations promulgated pursuant to\nthis article, based upon the following criteria:\n  (a) shortages of workers trained to work within the industry;\n  (b) technological disruption in the industry, requiring significant\ncapital investment for existing businesses to remain competitive;\n  (c) the ability of businesses in the industry to relocate outside of\nthe state in order to attract talent;\n  (d) the potential to recruit minorities and women to be trained to\nwork in the industry in which they are traditionally underrepresented;\n  (e) the potential to create jobs in economically distressed areas,\nwhich shall be based on criteria indicative of economic distress,\nincluding poverty rates, numbers of persons receiving public assistance,\nand unemployment rates; or\n  (f) such other criteria as shall be developed by the commissioner in\nconsultation with the commissioner of labor.\n  * NB Repealed December 31, 2028\n