N.Y. GMU Law § 969 — New York Code / Act GMU / Article 18-B / Section 969
Termination or revision of an empire zone
Status: in_force

§ 969. Termination or revision of an empire zone. (a) Except as\nprovided in this section, any designation of an area as an empire zone\nshall remain in effect during the period beginning on the date of\ndesignation and ending June thirtieth, two thousand ten.\n  (b) After consultation with the director of the budget and the\ncommissioner of labor, the commissioner may terminate the designation of\nan area as an empire zone upon a finding that (1) the applicant has\nfailed substantially to implement the empire zone development plan\nwithin the time stated therein; (2) there has been no substantial\nbusiness development or job creation within the area designated as an\nempire zone within five years after such designation; (3) there has been\ninadequate management and evaluation of the zone at the local level; or\n(4) the applicant has repeatedly failed to comply with program reporting\nrequirements, provided, however, that no termination shall occur unless\nand until written notice has been given to the applicant and a public\nhearing has been held thirty days prior to the effective date of such\ntermination.\n  (c) The governing body of a city, county, town or village may, by\nresolution, submit to the commissioner a request to revise the\nboundaries of an existing empire zone. The commissioner may, after\nconsultation with the commissioner of labor, approve such revision\nsubject to the following provisions:\n  (1) Any revision of the borders of an empire zone shall be based upon\na determination by the commissioner that a change in circumstances has\noccurred since the establishment of the existing borders which makes\nrevision of such borders necessary or desirable.\n  (2) The commissioner shall affirm that such revision would not have\nthe effect of producing an empire zone which does not satisfy the\ncriteria for empire zone designation established by or pursuant to\nsection nine hundred fifty-eight of this article.\n  (3) The commissioner may grant approval of revision of the borders of\nan empire zone after prior public notice and a public hearing at least\nthirty days prior to the effective date of such revision, if such\nrevision adds territory to an existing empire zone.\n  (4) The commissioner may grant approval of a revision of the borders\nof an empire zone after public notice of such proposed revision and a\npublic hearing at least thirty days prior to the effective date of such\nrevision, if such revision removes territory from an existing empire\nzone.\n  (5) The revision of the borders of an empire zone shall have no effect\non the duration of the designation of such empire zone as provided by\nsubdivision (a) of this section.\n  (6) It is the policy to allow each zone no more than one boundary\namendment within a twelve month period. If, however, there is a change\nin circumstances involving extenuating factors within the year (such as\nthe attraction/retention of a regionally significant project, which is\nconsistent with the zone's development plan), the request will be\nconsidered. Any request to revise the boundaries of an existing empire\nzone that would add or remove acreage from a zone shall not be submitted\nuntil the provisions of this subdivision are satisfied and the\ndesignation of the distinct and separate contiguous areas are submitted\nas required by section nine hundred fifty-seven of this article, unless\nthe zone administrative board demonstrates that prior to the effective\ndate of the amendments to this subdivision made by a chapter of the laws\nof two thousand five it has been working in conjunction with a business\nfor the purpose of submitting such boundary revision that would result\nin the creation of jobs within the zone. For purposes of section one\nhundred eighty-seven-j and articles nine-A, twenty-two, thirty-two, and\nthirty-three of the tax law, such business shall be deemed to have been\ncertified prior to April first, two thousand five.\n  (7) The area subject to the boundary amendment is in an area where\nthere is no viable alternative area that has existing public sewer or\nwater infrastructure.\n  (d) Upon the termination or revision of the borders of an empire zone\nas provided in this section, the commissioner shall file notice of such\naction as required by section nine hundred fifty-nine of this article.\n  (e) Notwithstanding the provisions of this section, for any empire\nzone acreage designated as a result of a revision of the borders of an\nempire zone prior to the effective date of this subdivision that is\noutside of the distinct and separate contiguous areas that has not\ndemonstrated any appreciable commercial activity and/or any appreciable\ncapital improvement over a two year period from the time of designation,\nsuch acreage shall be identified by the local empire zone administrative\nboard, which shall determine whether such acreage has been proposed for\ndevelopment in a manner consistent with the empire zone development\nplan. If such acreage has not been proposed for development in such\nmanner the local empire zone administrative board shall remove such\nacreage from the zone. Any affected business or businesses shall be\nimmediately decertified.\n  (f) Notwithstanding subdivision (a) of this section, if the zone\nadministrative board demonstrates that, prior to the date the empire\nzones expire under this section, that it had submitted a preliminary\napplication to the department of economic development requesting to\nrevise the boundaries of its zone in order to accommodate a project that\nwould result in the creation of jobs within the zone, the commissioner\nof economic development may review and approve such boundary revision\nand, if approved, may establish an effective date prior to the date the\nempire zones expire pursuant to subdivision (a) of this section.\n  (g) Notwithstanding any regulations to the contrary, a regionally\nsignificant project as defined in paragraph (i) of subdivision (d) of\nsection nine hundred fifty-seven of this article, that was deemed\neligible by the local zone administrative board and recommended for\napproval to the commissioner of economic development on or before the\ndate the empire zones expire pursuant to subdivision (a) of this\nsection, the commissioner of economic development, if the project is\napproved, may establish an effective date prior to the date the empire\nzones expire pursuant to subdivision (a) of this section.\n