N.Y. Comp. Codes R. & Regs. tit. 5 § 11.4

Current through Register Vol. 46, No. 16, April 17, 2024

Section 11.4 - Criteria and determinations for certification

The local empire zone administrative board, when evaluating certification applications of business enterprises for recommendation to the commissioner, and the commissioner, when determining whether to approve or disapprove those applications for certification, shall consider the following criteria:

(a) whether the business enterprise, if certified, is reasonably likely to create new employment or prevent a loss of employment in the empire zone;

(b) whether such new employment opportunities will be for individuals who will perform a substantial part of their activities in the empire zone;

(c) whether such business enterprise or single business enterprise, as defined in section 10.2(ac) of this Title, is likely to enhance the economic climate of the empire zone;

(d) whether certification will have the undesired effect of causing individuals to transfer from existing employment with another business enterprise to similar employment with the business enterprise so certified, and transferring existing employment from one or more other municipalities in the State, or transferring existing employment from one or more other businesses in the zone. For purposes of this paragraph, a transfer of employment shall not be deemed to occur when a business relocates to an empire zone from a business incubator facility operated by a municipality or by a public or private not-for-profit entity which provides space and business support services to newly established firms;

(e) whether such business enterprise with the zone development plan;

(f) whether such business enterprise or single business enterprise has made provision for empire zone recruitment for openings for jobs and training programs in the empire zone;

(g) whether, as set forth in section 10.2(g) and (aa) of this Title, such business enterprise or single business enterprise has a benefit-to-cost ratio of at least 10:1 for manufacturing enterprises and 20:1 for all other business enterprises, the numerator of which is the sum of:

(1) the estimated value of all wages and benefits paid for the first three years of certification to all existing and projected employees of the business enterprise in the zone; and

(2) the estimated value of capital investments for the first three years of certification in the zone, and the denominator of which is the estimated amount of total empire zone tax benefits that may be used and may be refunded for the first three years of certification;

(h) the Commissioner of Labor's determination as to whether such business enterprise or single business enterprise during the three years preceding the submission of an application for certification, has engaged in a substantial violation or a pattern of violations of laws regulating unemployment insurance, workers' compensation, public work, child labor, employment of minorities and women, safety and health, or other laws for the protection of workers as determined by final judgment of a judicial or administrative proceeding.

N.Y. Comp. Codes R. & Regs. Tit. 5 § 11.4