2023 New York Laws › GMU - General Municipal › Article 18-B - New York State Empire Zones › 969 - Termination or Revision of an Empire Zone.

§  969.  Termination  or  revision  of  an  empire zone. (a) Except as
provided in this section, any designation of an area as an  empire  zone
shall  remain  in  effect  during  the  period  beginning on the date of
designation and ending June thirtieth, two thousand ten.
(b) After consultation  with  the  director  of  the  budget  and  the
commissioner of labor, the commissioner may terminate the designation of
an  area  as  an  empire  zone upon a finding that (1) the applicant has
failed substantially to  implement  the  empire  zone  development  plan
within  the  time  stated  therein;  (2)  there  has been no substantial
business development or job creation within the area  designated  as  an
empire zone within five years after such designation; (3) there has been
inadequate  management and evaluation of the zone at the local level; or
(4) the applicant has repeatedly failed to comply with program reporting
requirements, provided, however, that no termination shall occur  unless
and  until  written  notice has been given to the applicant and a public
hearing has been held thirty days prior to the effective  date  of  such
termination.
(c)  The  governing  body  of  a city, county, town or village may, by
resolution,  submit  to  the  commissioner  a  request  to  revise   the
boundaries  of  an  existing  empire  zone.  The commissioner may, after
consultation with the  commissioner  of  labor,  approve  such  revision
subject to the following provisions:
(1)  Any revision of the borders of an empire zone shall be based upon
a determination by the commissioner that a change in  circumstances  has
occurred  since  the  establishment  of the existing borders which makes
revision of such borders necessary or desirable.
(2) The commissioner shall affirm that such revision  would  not  have
the  effect  of  producing  an  empire  zone  which does not satisfy the
criteria for empire zone  designation  established  by  or  pursuant  to
section nine hundred fifty-eight of this article.
(3)  The commissioner may grant approval of revision of the borders of
an empire zone after prior public notice and a public hearing  at  least
thirty  days  prior  to  the  effective  date  of such revision, if such
revision adds territory to an existing empire zone.
(4) The commissioner may grant approval of a revision of  the  borders
of  an  empire  zone after public notice of such proposed revision and a
public hearing at least thirty days prior to the effective date of  such
revision,  if  such  revision  removes territory from an existing empire
zone.
(5) The revision of the borders of an empire zone shall have no effect
on the duration of the designation of such empire zone  as  provided  by
subdivision (a) of this section.
(6)  It  is  the  policy  to allow each zone no more than one boundary
amendment within a twelve month period. If, however, there is  a  change
in  circumstances involving extenuating factors within the year (such as
the attraction/retention of a regionally significant project,  which  is
consistent  with  the  zone's  development  plan),  the  request will be
considered. Any request to revise the boundaries of an  existing  empire
zone that would add or remove acreage from a zone shall not be submitted
until   the  provisions  of  this  subdivision  are  satisfied  and  the
designation of the distinct and separate contiguous areas are  submitted
as  required by section nine hundred fifty-seven of this article, unless
the zone administrative board demonstrates that prior to  the  effective
date of the amendments to this subdivision made by a chapter of the laws
of  two thousand five it has been working in conjunction with a business
for the purpose of submitting such boundary revision that  would  result
in  the  creation  of  jobs within the zone. For purposes of section one
hundred eighty-seven-j and articles nine-A, twenty-two, thirty-two,  and

thirty-three  of the tax law, such business shall be deemed to have been
certified prior to April first, two thousand five.
(7)  The  area  subject  to the boundary amendment is in an area where
there is no viable alternative area that has existing  public  sewer  or
water infrastructure.
(d)  Upon the termination or revision of the borders of an empire zone
as provided in this section, the commissioner shall file notice of  such
action as required by section nine hundred fifty-nine of this article.
(e)  Notwithstanding  the  provisions  of this section, for any empire
zone acreage designated as a result of a revision of the borders  of  an
empire  zone  prior  to  the  effective date of this subdivision that is
outside of the distinct and  separate  contiguous  areas  that  has  not
demonstrated  any appreciable commercial activity and/or any appreciable
capital improvement over a two year period from the time of designation,
such acreage shall be identified by the local empire zone administrative
board, which shall determine whether such acreage has been proposed  for
development  in  a  manner  consistent  with the empire zone development
plan. If such acreage has not been  proposed  for  development  in  such
manner  the  local  empire  zone  administrative board shall remove such
acreage from the zone. Any affected  business  or  businesses  shall  be
immediately decertified.
(f)  Notwithstanding  subdivision  (a)  of  this  section, if the zone
administrative board demonstrates that, prior to  the  date  the  empire
zones  expire  under  this  section, that it had submitted a preliminary
application to the department  of  economic  development  requesting  to
revise the boundaries of its zone in order to accommodate a project that
would  result  in the creation of jobs within the zone, the commissioner
of economic development may review and approve  such  boundary  revision
and,  if approved, may establish an effective date prior to the date the
empire zones expire pursuant to subdivision (a) of this section.
(g) Notwithstanding any regulations  to  the  contrary,  a  regionally
significant  project  as  defined in paragraph (i) of subdivision (d) of
section nine hundred  fifty-seven  of  this  article,  that  was  deemed
eligible  by  the  local  zone  administrative board and recommended for
approval to the commissioner of economic development on  or  before  the
date  the  empire  zones  expire  pursuant  to  subdivision  (a) of this
section, the commissioner of economic development,  if  the  project  is
approved,  may  establish an effective date prior to the date the empire
zones expire pursuant to subdivision (a) of this section.