reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.6 - Criteria for acceptance of New York municipal certification in lieu of completing and submitting the New York State minority and women-owned business enterprise certification application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division may approve an applicant as
				a certified business without requiring that applicant to complete the New York
				State minority and woman-owned business enterprise certification application
				provided:
(1) the applicant demonstrates that
				it holds a current New York municipal certification with an active municipal
				certification program by submitting a true copy of the certification to the
				division;
(2) the applicant
				completes the supplemental application;
(3) the applicant provides a signed
				authorization for the exchange of information between the division and the
				municipal certifying entity for the purpose of determining the applicant's
				eligibility for certification;
(4)
				an owner, a partner or a principal officer that is authorized to act on behalf
				of the applicant signed and has notarized an attestation that the information
				submitted in connection with the New York municipal certification is accurate
				to the best of that person's knowledge; and
(5) the applicant provides proof satisfactory
				to the division that the applicant is owned, operated and controlled by women
				or minority group members and that the individual or individuals whose
				ownership, control and operation are relied upon for certification, meet the
				requirements of personal net worth and the definition of small business set
				forth in this regulation. Documentation such as that referenced in section
				144.2(f)(4)(i) of
				this Part may be required to substantiate the claim of membership in a minority
				group or gender.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.7 - Criteria for acceptance of DD Form 214 by the United States department of defense in lieu of other documents as proof of race or ethnicity and certain personal information of an applicant for purposes of certification of the applicant's business as a minority-owned business

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any applicant applying for certification
				as a minority-owned business, who was a military service member, and upon such
				applicant's retirement, separation, or discharge from active duty in the armed
				forces of the United States, and who has been provided the DD Form 214, may
				submit such form to prove his or her race or ethnicity, date of birth, place of
				birth, and verification of address for purposes of certification, in lieu of
				requiring the applicant to otherwise prove his or her race or ethnicity,
				provided the DD Form 214 contains such information.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 144 - Statewide Certification Program › Section 144.8 - Criteria for acceptance of New York municipal certification in lieu of completing and submitting the New York state minority- and women-owned business enterprise certification application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The division shall approve an applicant
				as a certified business without requiring that applicant to complete the New
				York State minority- and woman-owned business enterprise certification
				application provided:
(1) the applicant
				demonstrates that it holds a current New York municipal certification with an
				active municipal certification program by submitting a true copy of the
				certification to division;
(2) the
				applicant completes the supplemental application;
(3) the applicant provides a signed
				authorization for the exchange of information between the division and the
				municipal certifying entity for the purpose of determining the applicant's
				eligibility for certification;
(4)
				an owner, a partner or a principal officer that is authorized to act on behalf
				of the applicant signed and has notarized an attestation that the information
				submitted in connection with the New York municipal certification is accurate
				to the best of that person's knowledge; and
(5) the applicant provides proof satisfactory
				to the division that the applicant is owned, operated and controlled by women
				or minority group members and that the individual or individuals whose
				ownership, control and operation are relied upon for certification, meet the
				requirements of personal net worth and the definition of small business set
				forth in this regulation. Documentation referenced in section
				144.2(c)(1) of
				this Part may be required to substantiate the claim of membership in a minority
				group or gender.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 145 - Appeals › Section 145.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				This Part implements Section
				314
				(3) and Section
				316 of the
				Executive Law. Section
				314
				(3) of the Executive Law requires the
				director to provide for an administrative hearing in the event that a business
				enterprise is denied certification as a minority or women-owned business
				enterprise and in cases where the director intends to revoke the certification
				of a minority or women-owned business enterprise or in cases concerning
				contractor/agency complaints.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 145 - Appeals › Section 145.2 - Appeal procedures concerning denials to certify a business enterprise as a minority or women-owned business enterprise or notification of intent to revoke certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Initiation of an appeal. Upon denial of an application to certify a business
				enterprise as a minority or women-owned business enterprise, pursuant to
				Section 144.3 of Part 144 of this Title, or
				the issuance of a notification of intent to revoke certification as a
				minority-or women-owned business enterprise pursuant to Section
				144.4(b) of Part
				144 of this Title, such business enterprise may request an appeal pursuant to
				the provisions of this subdivision.
(1)
				Request for an appeal. Upon receipt of a notice of determination to deny an
				application to certify a business enterprise as a minority or women-owned
				business enterprise, pursuant to Section
				144.3(e) or
				144.4(b) of Part
				144 of this Title, such business enterprise may submit a request for an appeal
				to be presided over by an independent hearing officer.
(i) Deadline for request for an appeal. A
				request for an appeal shall be made within thirty (30) days from the date of
				receipt of a notice of determination to deny an application or notification of
				intent to revoke certification. Failure by a business enterprise to request an
				appeal within thirty (30) days of the date of a notice of determination to deny
				an application or notification of intent to revoke certification shall
				constitute a forfeiture by such business enterprise of its right to request an
				appeal. In the case of an applicant's failure to timely appeal a determination
				to deny an application, such business enterprise will be barred from reapplying
				for certification for a period of two (2) years, or in such instance where a
				business enterprise was denied recertification, such business enterprise will
				also be removed from the directory.
(ii) Contents of a request for an appeal. A
				request for an appeal shall be made in writing and shall identify whether the
				business enterprise elects either to be heard at an in-person hearing before an
				independent hearing officer or to submit a written appeal submission to an
				independent hearing officer. Once the request for appeal has been submitted,
				the business enterprise may not change its election.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 145 - Appeals › Section 145.3 - Appeal procedures concerning contractor and State agency complaints

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Initiation of
				an appeal. If within thirty (30) days of receipt of a complaint made pursuant
				to section 142.12(a),
				142.12(b), or
				143.6, the director is unable to
				resolve the complaint to the satisfaction of the State agency and the
				contractor, the complaint shall be referred to the division's hearing officer
				for a hearing, conducted in accordance with the procedures set forth in this
				section.
(b) Notice of hearing or
				written appeal. The division shall appoint an independent hearing officer to
				preside over the appeal and provide written notice of hearing or of written
				appeal to the parties. The notice shall include, but not be limited to, the
				following information:
(1) a statement of the
				legal authority and jurisdiction pursuant to which the appeal is being
				held;
(2) where possible, a
				reference to the specific sections of the statute, regulations and/or standards
				involved;
(3) a statement of the
				matters raised and the issue(s) to be determined, provided, however, that
				nothing shall preclude the consideration at the hearing of relevant issues not
				raised in the notice, in a manner consistent with the complainant's right to
				respond to such issues;
(4) the
				identity of the hearing officer designated to conduct the hearing, to the
				extent known;
(5) the identity of
				the individual representing the State agency in the proceeding to the extent
				known;
(6) the procedure to apply
				for an adjournment or withdrawal of the complainant's request for a hearing or
				written appeal; and
(7) in the case
				of a hearing, the time and location of the hearing or in the case of a written
				appeal, the date by which the written appeal and exhibits thereto must be
				submitted as well as the date by which any response is due.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 146 - Annual Report of the Division › Section 146.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This
				Part implements Section
				315
				(4) of the Executive Law. Section 315(4)
				requires the division to prepare an annual report on the activities of the
				division, and on developments in the effort to promote the utilization of
				minority and women-owned business enterprises in State contracting
				activity.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 146 - Annual Report of the Division › Section 146.2 - The division's annual report

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				division shall submit an annual report to the Chief Diversity Officer on or
				before November 1st of each year which:
(1)
				summarizes the report submitted by each contracting agency pursuant to Section
				141.6 of Part 141 of this
				Title;
(2) contains such
				comparative or other information as the director deems appropriate, including,
				but not limited to, goals compared to actual participation of certified
				minority and women-owned business enterprises in State contracting, to evaluate
				the effectiveness of the activities undertaken by each such contracting agency
				to promote increased participation by certified minority and women-owned
				business enterprises with respect to State contracts and
				subcontracts;
(3) contains a
				summary of all waivers granted by each contracting agency pursuant to Section
				142.7 of Part 142 of this Title
				during the period covered by the report, including a description of the basis
				of the waiver request and the contracting agency's rationale for granting any
				such waiver;
(4) contains a listing
				of annual participation rates for each agency, the total number of certified
				minority and women-owned businesses for that reporting year, and the total
				dollar value of State expenditures on certified minority and women-owned
				business contracts and subcontracts for that reporting year;
(5) describes any efforts to create a
				database or other information storage and retrieval system containing
				information relevant to contracting with certified minority and women-owned
				business enterprises; and
(6)
				contains a summary of:
(i) all determinations
				of violations of this article by a contractor or a contracting agency made
				during the period covered by the annual report; and
(ii) the penalties or sanctions, if any,
				assessed in connection with such determinations and the rationale for such
				penalties or sanctions.
(7) Contains information on which
				expenditures each agency deemed exempt from participation goals and the
				rationale for each such exemption;
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XIV - Division of Minority and Women's Business Development › Part 147 - Severability › Section 147.1 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If any clause,
				sentence, paragraph, section or part of these regulations shall be adjudged by
				any court of competent jurisdiction to be invalid, the judgment shall not
				affect, impair, or invalidate the remainder thereof, but shall be confined in
				its operation to the clause, sentence, paragraph, section or part of this act
				directly involved in the controversy in which the judgment shall have been
				rendered.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
The Excelsior Linked Deposit Program authorizes the
				  Comptroller to deposit State funds and the Commissioner of Taxation and Finance
				  to deposit funds of public authorities and public benefit corporations with
				  participating banks, thrifts, farm credit system institutions, and the New York
				  Business Development Corporation at a reduced rate of return when such banks,
				  thrifts, farm credit system institutions, and the New York Business Development
				  Corporation make lower cost loans, on the basis of such linked deposits, to
				  qualifying businesses to improve productivity, competitiveness, access to new
				  markets, and exporting capabilities. The Commissioner of Economic Development
				  is charged with administering the program. The purpose of these regulations is
				  to set forth the eligibility requirements and application procedures for
				  participation by businesses and banks and thrifts in the
				  program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.3 - Lender participation in program

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The commissioner shall, with the
				assistance of the Superintendent of Financial Services, market the program to
				lenders and solicit the participation of lenders in the program. In order to
				participate in the program, a lender shall:
(1) be authorized to accept linked deposits
				as follows:
(i) if a commercial bank, be an
				authorized depository of State funds, or become an authorized depository of
				State funds by executing such undertakings and collateral agreements as are
				required by each authorized depositor; or
(ii) if a thrift, farm credit system
				institution or the New York State Business Development Corporation:
(a) be determined by an authorized depositor
				as eligible to accept linked deposits based upon criteria applied by the
				authorized depositor in making determinations under section
				105 of the
				State Finance Law;
(b) agree to
				participate in the program;
(c)
				secure any linked deposit in the same manner as moneys deposited pursuant to
				section
				105 of the
				State Finance Law; and
(d) pledge
				assets or furnish other security satisfactory in form and amount to the
				authorized depositor for the repayment of moneys; and
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.4 - Application procedure

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Eligible businesses seeking a linked loan for an eligible project shall first
				make a loan application to a lender in the manner customarily required by such
				lender. The lender shall make its credit decision with respect to such loan
				application in accordance with its customary standards. Upon approval of such
				loan, the lender shall submit to the department, a linked deposit
				application.
(b) The linked deposit
				application shall require such information as the commissioner shall deem
				necessary and shall be in as simple a form as possible. It shall elicit, but
				not be limited to, the following:
(1) the
				principal amount and interest rate of the loan;
(2) identifying information for the lender
				and the borrower, including the borrower's principal place of
				business;
(3) a description of the
				borrower's business;
(4) a
				description of the project for which the loan has been sought;
(5) information on the importance of the
				project to the competitive position and profitability of the
				borrower;
(6) information relating
				to the number jobs to be retained or created in connection with the project;
				and
(7) a request by the borrower,
				if applicable, to treat information about its business as confidential pursuant
				to section
				87
				(2)(d) of the Public Officers Law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.5 - Evaluation criteria

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall evaluate all linked deposit
				  applications based upon the following:
(a) the eligibility of the borrower for the
				program;
(b) the eligibility of the
				project for which the loan has been sought for the program;
(c) the significance of the eligible project
				for improving the competitive position and profitability of the eligible
				business;
(d) the importance of a
				reduced cost of borrowing through a linked loan to the ability of the eligible
				business to undertake the eligible project; and
(e) the number of jobs likely to be created
				or retained, or other substantial economic benefits likely to be achieved as a
				result of the eligible project.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.6 - Liability; early repayment; withdrawal; sale or assignment

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No liability shall be imposed on the
				State or any of its departments or employees for payment or delays in payment
				of the principal of or interest on a linked loan.
(b) Any delay in payment or default on a
				linked loan shall in no way affect the linked deposit agreement between the
				lender and the authorized depositor.
(c) In the event the interest rate of the
				linked loan is increased as a consequence of default on or renegotiation of the
				linked loan or the linked loan is charged off, the lender shall give the
				authorized depositor prompt notice of such event, and the authorized depositor
				shall thereafter withdraw, without penalty for early withdrawal, the linked
				deposit on not less than seven days prior written notice to the
				lender.
(d) Upon prepayment of all
				or part of a linked loan, the lender shall within 30 days give the authorized
				depositor notice of such payment, and the authorized depositor shall thereafter
				withdraw, without penalty for early withdrawal, all or a pro rata part, as the
				case may be, of the linked deposit upon not less than seven days' prior written
				notice to the lender. In such event, the interest rate payable on the linked
				deposit or the portion thereof being withdrawn, from the date of prepayment of
				the linked loan to the date of withdrawal shall be the interest rate upon which
				the linked deposit interest rate was calculated without regard to the
				applicable basis point reduction.
(e) Upon sale or assignment of all or part of
				a linked loan, the lender shall within 30 days give the authorized depositor
				notice of such sale or assignment, and the authorized depositor shall
				thereafter withdraw, without penalty for early withdrawal, all or pro rata
				part, as the case may be, of the linked deposit upon not less than seven days
				prior written notice to the lender. In such event, the interest rate payable on
				the linked deposit or the portion thereof being withdrawn, from the date of
				sale or of assignment of the linked loan to the date of withdrawal shall be the
				interest rate upon which the linked deposit interest rate was calculated
				without regard to the applicable basis point reduction.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.7 - Monitoring

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner shall monitor the program activities of
				  lenders and businesses that participate in the program. The commissioner may
				  require periodic reports or request other information from participating
				  lenders and businesses relating to the status of linked loans and projects
				  financed by such loans.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.8 - Renewal of linked deposit

Current through Register Vol. 46, No. 28, July 10, 2024
A lender may, on behalf of a borrower, apply to the
				  commissioner to request a renewal of the linked deposit for an additional
				  four-year period to correspond with a second four-year period of a borrower's
				  linked loan. The commissioner may grant such application if the commissioner
				  determines that the borrower, during the second four-year period of the linked
				  loan, will create additional industrial modernization benefits or additional
				  export trade benefits or additional jobs. If the commissioner grants such
				  application, the commissioner shall notify the authorized depositor who made
				  the linked deposit that the commissioner has determined that the application
				  satisfies the requirements of this Part and shall request the authorized
				  depositor to continue the linked deposit with the lender for an additional
				  four-year period in accordance with section
				  98-a of the
				  State Finance Law and with the authorized depositor's established procedures.
				  Such linked deposit shall continue to be secured in accordance with the
				  provisions of section
				  105 of the
				  State Finance Law. The fixed interest rate on the continued linked deposit
				  shall be the linked deposit interest rate in effect on the first day of the
				  continuation of the linked deposit. The authorized depositor and the lender
				  shall enter into a written deposit agreement governing the continuation of the
				  linked deposit. The interest rate payable on the linked loan for the second
				  four year period shall be, in the case of a certified business in an Empire
				  Zone or an eligible business located in an highly distressed area or a minority
				  or women-owned business enterprise, three percentage points below the interest
				  rate the lender would have charged for the loan in effect on the first day of
				  the continuation of the linked deposit; or in the case of a business not
				  located in an Empire Zone or highly distressed area or which is not a minority
				  or women-owned business enterprise, two percentage points below the interest
				  rate the lender would have charged for the loan in the absence of a linked
				  deposit in effect on the first day of the continuation of the linked
				  deposit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.1 - Purpose and general description

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose of these regulations is to
				set forth the application process for the Empire State Film Production Tax
				Credit Program established by Chapter 60 of the Laws of 2004 and amended by
				Chapter 57 of the Laws of 2009 and 2010, Chapter 268 of the Laws of 2012,
				Chapter 59 of the Laws of 2013 and 2014 and as amended by Chapter 60 and 420 of
				the Laws of 2016, Chapter 59 of the Laws of 2017, Chapters 39 and 59 of the
				Laws of 2019 and Chapter 59 of the Laws of 2021-2023. Pursuant to Chapter 60 of
				the Laws of 2004, the Department of Economic Development has been granted the
				authority to promulgate regulations to establish procedures for the allocation
				of such credits, including, but not limited to, the application process,
				standards for application evaluations, and any other provisions deemed
				necessary and appropriate. The Department of Economic Development shall
				administer the program, including the issuance of tax credit
				certificates.
(b) A taxpayer that
				is a qualified film production company or that is a sole proprietor of or a
				member of a partnership that is a qualified film production company and which
				is subject to tax under articles nine-A or twenty-two of this chapter shall be
				allowed a credit against such tax, pursuant to the provisions referenced in
				section 24 (c) of the Tax Law, to be computed as hereinafter
				provided.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.3 - Eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, only an authorized applicant
				  shall be eligible to apply for the Empire State film production tax
				  credit.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.4 - Application Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Initial application.
(1) An
				authorized applicant shall submit an initial application to the Department
				prior to the start of principal photography. An authorized applicant must also
				submit a diversity plan with its initial application.
(2) After submission of the initial
				application, the department may, in its sole discretion, require the authorized
				applicant to have an interview with the department to discuss the details of
				the initial application. A producer, the line producer or unit production
				manager, and production accountant or their designee, approved by the
				department, shall attend such meeting.
(3) The department shall review the initial
				application and determine whether the applicant meets the eligibility criteria
				set forth in section
				170.6(a) of this
				Part.
(4) After review of the
				initial application, the department will notify the authorized applicant of its
				eligibility and may issue a certificate of conditional eligibility to the
				authorized applicant.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.5 - Allocation of Empire State film production tax credit

Current through Register Vol. 46, No. 28, July 10, 2024
The amount of the credits given for each allocation year
				  shall be allocated in order of priority based upon issuance of tax credit
				  certificates. In the event that an approved applicant's Empire State film
				  production tax credit would exceed the maximum amount of credits allowed for
				  that given year, the approved applicant's credit will be allocated on a
				  priority basis in the immediately succeeding allocation year.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.7 - Third party verifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				department may accept from an applicant a third party verification as part of
				an applicant's final application. Submission of a third party verification
				shall be voluntary and shall be subject to review and approval by the
				department pursuant to section
				170.6(b) of this
				Part. The voluntary submission of a third party verification by an approved
				applicant as part of its final application shall in no way or manner affect the
				review and approval by the department of a final application submitted by an
				approved applicant that elects not to submit a third party verification. Such
				final application shall be subject to review and approval by the department
				pursuant to section
				170.6(b) of this
				Part.
(b) The Department shall
				maintain a list of certified public accountants which may be utilized by
				approved applicants to provide the third party verification services pursuant
				to paragraph (a) above. The Department may also development procedures and
				performance standards for such certified public accountants to follow. Any
				certified public accountants failing to meet the requirements of the
				Department's procedures and performance standards for certified public
				accountants may be removed from the list immediately.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.8 - Record retention

Current through Register Vol. 46, No. 28, July 10, 2024
All authorized and approved applicants must maintain records,
				  in paper or electronic form, of any qualified productions costs used to
				  calculate their potential or actual benefit(s) under this program for a minimum
				  of three years from the date the applicant claims the tax credit. The
				  department shall have the right to request such records upon reasonable
				  notice.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.9 - Appeal process

Current through Register Vol. 46, No. 28, July 10, 2024
If the applicant's final application is disapproved by the
				  department, or if the approved applicant disagrees with the amount of the tax
				  credit granted by the department, the applicant shall have a right to appeal.
				  In the case of an appeal from a disapproval of a final application, such appeal
				  shall be made by sending a letter to the New York State Department of Economic
				  Development, Attn: Counsel's Office, 625 Broadway, 8th Floor, Albany, NY 12245,
				  within 30 days from the date of the denial letter issued by the department. In
				  the case of an appeal from a disagreement of the amount of the tax credit
				  issued, such appeal shall be made by sending a letter to the same address as
				  listed above within 30 days from the date of issuance of the certificate of tax
				  credit. Failure to request an appeal within 30 days will be deemed a waiver of
				  applicant's right to appeal.
Upon receipt of a timely letter of appeal, an independent
				  hearing officer will be appointed by the commissioner to handle the appeal. The
				  independent hearing officer shall make a report on the appeal to the
				  commissioner. The commissioner or his or her designee shall issue a final order
				  within 60 days of the report. A copy of the final order will be issued to the
				  appellant within 10 days after the date the commissioner or his or her designee
				  renders the final order.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.10 - Exchange of information with Department of Taxation and Finance

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any provision of this chapter, employees and
				  officers of the department and the Department of Taxation and Finance shall be
				  allowed and are directed to share and exchange information regarding the
				  credits applied for, allowed, or claimed pursuant to this Part and taxpayers
				  who are applying for credits or who are claiming credits, including information
				  contained in or derived from credit claim forms submitted to the department and
				  applications for credit submitted to the department.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.11 - Quarterly report

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall file a report on a quarterly basis with
				  the director of the Division of the Budget and the chairmen of the Assembly
				  Ways and Means Committee and Senate Finance Committee. The report shall be
				  filed within 15 days after the close of the calendar quarter. The report must
				  contain the following information for the calendar quarter:
(a) the total dollar amount of certificates
				of tax credits issued during each month of the calendar quarter, broken down by
				month;
(b) the number of film
				projects which have been issued certificates of tax credits of less than $1
				million per project and the total dollar amount of credits issued to those
				projects;
(c) the number of film
				projects which have been issued certificates of tax credits of $1 million or
				more but less than $5 million per project and the total dollar amount of
				credits issued to those projects;
(d) the number of film projects which have
				been issued certificates of tax credits of $5 million or more per project and
				the total dollar amount of credits issued to those projects;
(e) a list of each film project which has
				been issued a certificate of tax credit and for each of those projects:
(1) the number of employees associated with
				the project;
(2) the qualified
				costs for the project;
(3) the
				total expenditures on goods and services in New York State for the
				project;
(4) the credit-eligible
				man hours for each project; and
(5)
				the total wages for such credit-eligible man hours for each project;
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 170 - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Section 170.12 - Biennial report

Current through Register Vol. 46, No. 28, July 10, 2024
The department shall file a report on a biennial basis with
				  the director of the Division of the Budget and the chairs of the Assembly Ways
				  and Means Committee and Senate Finance Committee. The report shall be filed
				  within 15 days after the close of the calendar year. The first report shall
				  cover a two year period that begins on January 1, 2013. The report must be
				  prepared by an independent third party auditor and include:
(a) information regarding the Empire State
				film production credit and post production credit programs including the
				efficiency of operations, reliability of financial reporting, compliance with
				laws and regulations, and distribution of assets and funds;
(b) an economic impact study prepared by an
				independent third party of the film credit programs; and
(c) any other information and/or other
				statistical information that the commissioner deems to be useful in analyzing
				the effects of the program.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.1 - Purpose and General Description

Current through Register Vol. 46, No. 28, July 10, 2024
Chapter 39 of the Laws of 2019 created the empire state
				  entertainment diversity job training development fund. Monies in the fund shall
				  be expended for job creation and training programs approved by the commissioner
				  of economic development that support efforts to recruit, hire, promote, retain,
				  develop and train a diverse and inclusive workforce as production company
				  employees in the motion picture and television industry within the state of New
				  York including, but not limited to, those programs that promote development in
				  economically distressed areas of the state.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this section, the terms below shall have
				  the following meaning:
(a) "Diverse
				workers" shall include women and workers who can demonstrate membership in any
				one of the following groups:
(1) Black persons
				having origins in any of the Black African racial groups;
(2) Hispanic/Latino persons of Mexican,
				Puerto Rican, Dominican, Cuban, Central or South American of either Indian or
				Hispanic origin, regardless of race;
(3) Native American or Alaskan native persons
				having origins in any of the original peoples of North America; or
(4) Asian and Pacific Islander persons having
				origins in any of the Far East countries, South East Asia, the Indian
				subcontinent or the Pacific Islands.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.3 - Available Assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Fund makes available financial assistance in the form of grants for job
				creation and training programs approved by the commissioner of economic
				development that support efforts to recruit, hire, promote, retain, develop and
				train a diverse and inclusive workforce as production company employees in the
				motion picture and television Production and Post-Production industries within
				the state of New York including, but not limited to, those programs that
				promote development in economically distressed areas of the state.
(b) The grant assistance provided in
				connection with this Part shall be taken from the empire state entertainment
				diversity job training development fund pursuant to section
				24 (e) and
				31 (f) of the tax
				law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.4 - Eligibility/Matching Funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Eligible
				applicants may apply for matching funds if they are operating an Eligible
				Training Program. To qualify for a matching grant, the Department requires a
				2:1 matching requirement of dollars coming from an eligible applicant to
				support its program for training diverse workers or those located in
				economically distressed areas of the State. Funds eligible for matching are
				those contributed by the eligible applicant to be used only for the eligible
				program. Funds deriving from state or federal grants are not eligible to be
				calculated for the 2:1 matching requirement.
(b) All Matching Funds must be expended
				during the grant term and where practicable on a pro rata basis with grant
				funding.
(c) All items identified
				as Matching Funds will be reviewed by the Department, which will approve such
				Matching Funds as the Department may determine, in its sole discretion, to be
				reasonable as to amount and relation to the program.
(d) Grant funds will be disbursed on a
				quarterly reimbursement basis. Grantees shall submit invoices quarterly with
				supporting documentation satisfactory to the Department, as work is performed
				and costs incurred.
(e) Grants are
				intended to reimburse eligible applicants for training provided directly by
				such applicants to its workforce, or future workforce, and shall not be
				contracted out to a third party for the purpose of obtaining these grant
				funds.
(f) Grant funds and matching
				funds may not be utilized to cover qualified costs pursuant to section
				24 or
				31 of the tax law.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.5 - Utilization of Grant Funds

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Grant
				funds may be used by an eligible applicant for the following purposes:
(1) Instructor salaries and
				equipment;
(2) Training and
				certification programs designed to promote diverse workers and and/or those
				workers located in economically distressed areas of the state including, but
				not limited to:
i. grip related training
				programs;
ii. carpentry related
				training programs;
iii. electrical
				related training programs;
iv.
				editor related training programs;
v. production assistant related training
				programs;
vi. showrunner related
				training programs;
vii. writer
				related training programs; and
viii.
				other training programs as directed by the Commissioner
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.6 - Application Process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Applications from eligible applicants will be accepted on a monthly basis, with
				a submission deadline of the 20th of the month (except if the deadline falls on
				a weekend, it shall be extended to the next business day). Eligible applicants
				requesting assistance shall provide information about the program and the
				applicant, as applicable, in a form provided by the Department including,
				without limitation, the following:
(1) a
				description of the program, including information indicating how the proposed
				program will create jobs creation and training programs that support efforts to
				recruit, hire, promote, retain, develop and train a diverse and inclusive
				workforce as production company employees in the motion picture and television
				industry within the state of New York;
(2) the number and amount of other funding,
				including federal, that the applicant has applied for, is eligible for or has
				received for the same initiative;
(3) the number of individuals being trained
				as a result of the proposed project or activity;
(4) applicant's history; ownership structure;
				size; and services rendered;
(5)
				information about the proposed program including, but not limited to, total
				project cost, total program assistance requested, a budget breakdown of the
				sources and proposed uses of all funding, a description of the need for the
				requested program funding and justification for the amount requested;
(6) a description of how the program will be
				implemented, including the readiness of the project with a specific timeline,
				outlining the milestones from the project start to its completion;
(7) the region or regions that will be
				impacted by this project. Identify all of the regional partners that you will
				be working with to deliver on this project;
(8) the project partners, including the
				project leader and others involved in the implementation of or supporting the
				employment of individuals completing the project. Please be specific about the
				role of each partner and whether participation is assured; and
(9) anticipated program results.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.7 - Evaluation of Grant Applications

Current through Register Vol. 46, No. 28, July 10, 2024
Grant applications shall be initially evaluated by a Scoring
				  Committee. The Scoring Committee shall then forward their recommendation to the
				  Commissioner for his/her approval.
New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVII - EMPIRE STATE FILM PRODUCTION TAX CREDIT PROGRAM › Part 171 - Empire State Entertainment Diversity Job Training Development Fund › Section 171.8 - Evaluation Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Scoring Committee shall evaluate applications in accordance with the following
				criteria:
The ability of the program to:
(1) address a demonstrated need across the
				film and television production and post-production industries, specifically is
				there currently or is there an anticipated in the future need for additional
				workforce in this job function in these industries;
(2) create a pathway to jobs and connections
				with employment and/or union partnerships;
(3) further diversify the employment in the
				industry from a socio-economic, regional, and diversity perspective;
(4) target residents in economically
				distressed areas of the State;
(5)
				be completed in a timely fashion.