2023 New York Laws › COM - Economic Development Law › Article 20 - Empire State Jobs Retention Program › 422 - Definitions.

§ 422. Definitions. For the purposes of this article:
1.  "Agriculture"  means  both agricultural production (establishments
performing  the  complete  farm  or  ranch  operation,  such   as   farm
owner-operators,   tenant   farm   operators,   and  sharecroppers)  and
agricultural support (establishments that perform one or more activities
associated with farm operation,  such  as  soil  preparation,  planting,
harvesting, and management, on a contract or fee basis).
2. "Back office operations" means a business function that may include
one  or  more of the following activities: customer service, information
technology and data processing, human resources, accounting and  related
administrative functions.
3.  "Certificate  of  eligibility"  means  the  document issued by the
department to an applicant that  has  completed  an  application  to  be
admitted  into  the  empire  state  jobs  retention program and has been
accepted into the program by the department. Possession of a certificate
of eligibility does not by itself guarantee the eligibility to claim the
tax credit.
4. "Certificate  of  tax  credit"  means  the  document  issued  to  a
participant  by  the  department, after the department has verified that
the participant has met all  applicable  eligibility  criteria  in  this
article.  The  certificate shall be issued annually if such criteria are
satisfied and shall specify the exact amount of each  tax  credit  under
this  article  that  a  participant  may claim, pursuant to section four
hundred twenty-five of this article, and shall specify the taxable  year
in which such credit may be claimed.
5.  "Distribution  center"  means  a  large  scale  facility involving
processing, repackaging and/or movement  of  finished  or  semi-finished
goods to retail locations across a multi-state area.
6.  "Financial  services data centers" or "financial services customer
back office  operations"  means  operations  that  manage  the  data  or
accounts of existing customers or provide product or service information
and  support  to  customers  of  financial services companies, including
banks, other lenders, securities and commodities  brokers  and  dealers,
investment  banks,  portfolio  managers,  trust  offices,  and insurance
companies.
7. "Impacted jobs" means jobs existing at a business enterprise  at  a
location  or  locations  within  the county declared an emergency by the
governor on the day immediately preceding the day  on  which  the  event
leading to the emergency declaration by the governor occurred.
8.  "Manufacturing"  means  the  process of working raw materials into
products suitable for use or which gives new shapes, new quality or  new
combinations  to  matter  which has already gone through some artificial
process by the use of machinery, tools,  appliances,  or  other  similar
equipment.  "Manufacturing"  does not include an operation that involves
only the assembly of components,  provided,  however,  the  assembly  of
motor  vehicles  or  other high value-added products shall be considered
manufacturing.
9. "Participant" means a business entity that:
(a) has completed an application prescribed by the  department  to  be
admitted into the program;
(b) has been issued a certificate of eligibility by the department;
(c) has demonstrated that it meets the eligibility criteria in section
four  hundred  twenty-three  and subdivision two of section four hundred
twenty-four of this article; and
(d) has been certified as a participant by the commissioner.
10. "Preliminary schedule of benefits"  means  the  maximum  aggregate
amount  of  the  tax  credit that a participant in the empire state jobs
retention program is eligible to receive pursuant to this  article.  The

schedule  shall  indicate  the annual amount of the credit a participant
may claim in each of its  ten  years  of  eligibility.  The  preliminary
schedule  of  benefits  shall  be  issued  by  the  department  when the
department  approves the application for admission into the program. The
commissioner may amend that schedule,  provided  that  the  commissioner
complies  with  the  credit  caps in section three hundred fifty-nine of
this chapter.
11. "Related person" means a related person pursuant  to  subparagraph
(c)  of  paragraph  three  of  subsection  (b)  of  section four hundred
sixty-five of the internal revenue code.
12. "Scientific research and development"  means  conducting  research
and  experimental  development  in  the  physical, engineering, and life
sciences,  including  but  not  limited  to  agriculture,   electronics,
environmental,  biology,  botany,  biotechnology,  computers, chemistry,
food,  fisheries,  forests,  geology,  health,  mathematics,   medicine,
oceanography,  pharmacy, physics, veterinary, and other allied subjects.
For the purposes of this article, scientific  research  and  development
does not include medical or veterinary laboratory testing facilities.
13.  "Software  development"  means  the  creation  of  coded computer
instructions and includes new media as defined by  the  commissioner  in
regulations.