New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XXI - Empire State Jobs Retention Program › Part 210 - Purpose And Definitions › Section 210.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this regulation, the following terms shall have
				  the following meanings:
(a)
				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).
(b) 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.
(c) 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.
(d) 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 the tax credit
				under this article that a participant may claim, pursuant to section
				213.1 of this Title, and shall
				specify the taxable year in which such credit may be claimed.
(e) 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.
(f) 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.
(g) Full-time equivalent
				jobs means any combination of two or more part-time jobs that, when combined
				together, constitute the equivalent of a job of at least 35 hours per
				week.
(h) 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.
(i) 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.
(j)
				Participant means a business entity that:
(1)
				has completed an application prescribed by the department to be admitted into
				the program;
(2) has been issued a
				certificate of eligibility by the department;
(3) has demonstrated that it meets the
				eligibility criteria in section
				211.2 of this Title and the
				requirements in section
				211.1(c) of this
				Title; and
(4) has been certified
				as a participant by the commissioner.