2023 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, including in  animal  and  plant  fiber  textile
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;
(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; or
(n) as a Green CHIPS project.
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 or Green CHIPS 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.
7.  Notwithstanding  subdivision  sixteen  of  section  three  hundred
fifty-two  of this article, the department is hereby authorized to allow
phase two of a Green CHIPS project to enter  into  a  new  and  separate
schedule  of  benefits  which  may overlap with the phase one of a Green
CHIPS project schedule of benefits, for a  new  ten-year  benefit  term.
Notwithstanding  paragraph  three  of  subdivision  a  of  section three
hundred fifty-four of this article, such phase  two  of  a  Green  CHIPS
project  shall  be admitted into the program. Provided however, for such
phase two  of  a  Green  CHIPS  project,  the  new  benefit  term  shall
exclusively  be  provided  for  net  new  investments,  new research and
development expenditures, and net new job creation above the commitments
outlined in the schedule of benefits for a  business'  phase  one  of  a
Green  CHIPS  project  with the department. Assuming the requirements of
this article have been met, both a Green CHIPS project and any phase two
of such project shall be  eligible  for  benefits  under  section  three
hundred fifty-five of this article.