Such business shall be eligible as a regionally significant project as determined by the local empire zone administrative board and the commissioner, provided however, to be eligible as a regionally significant project the business seeking such status must be a business that exports a substantial portion of its products or services outside of the State and where at least 60 percent of the business's product/service is, or would be, sold, delivered or provided to customers/clients that are outside of the metropolitan statistical area if the project would be located in a community that is within a metropolitan statistical area, or outside of the county, if the project would be located in a community that is not part of a metropolitan statistical area. A regionally significant project would not be eligible for a business that is the retail or service operations of such enterprise or that is otherwise captive to the local market. Other projects may be considered by the empire zone designation board.
N.Y. Comp. Codes R. & Regs. Tit. 5 § 10.2