S T A T E O F N E W Y O R K
________________________________________________________________________
10682--A
I N A S S E M B L Y
June 14, 2012
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Simotas,
Cahill) -- read once and referred to the Committee on Economic Devel-
opment -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the public service law and the economic development law,
in relation to eligibility for admission to the excelsior jobs program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The closing paragraph of paragraph (b) of subdivision 4 of
section 165 of the public service law, as added by chapter 388 of the
laws of 2011, is amended to read as follows:
The applicant shall supply the details of the analysis in the applica-
tion and such supporting information, as may be requested by the board
or, in the exercise of federally delegated or approved environmental
permitting authority, the department of environmental conservation,
necessary to show compliance with the requirements of subparagraphs (i)
through (iv) of this paragraph. The board may extend the deadline in
extraordinary circumstances by no more than three months in order to
give consideration to specific issues necessary to develop an adequate
record. The board shall render a final decision on the application by
the aforementioned deadlines unless such deadlines are waived by the
applicant. If, at any time subsequent to the commencement of the hear-
ing, there is a material and substantial amendment to the application,
the deadlines may be extended by no more than three months, unless such
deadline is waived by the applicant, to consider such amendment. SHOULD
THE BOARD GRANT A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION
OR OPERATION OF A FACILITY OR IF THERE IS A PROPOSED FACILITY THAT HAD
BEEN GRANTED CERTIFICATION OR OTHER APPROVAL UNDER ANOTHER PROVISION OF
LAW PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, THE APPLICANT OR
PROPOSED FACILITY SHALL BE ELIGIBLE TO APPLY FOR ADMISSION TO THE
EXCELSIOR JOBS PROGRAM ESTABLISHED PURSUANT TO ARTICLE SEVENTEEN OF THE
ECONOMIC DEVELOPMENT LAW.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15138-03-2
A. 10682--A 2
S 2. Subdivision 14 of section 352 of the economic development law, as
added by section 1 of part MM of chapter 59 of the laws of 2010, is
amended to read as follows:
14. "Regionally significant project" means (a) a manufacturer creating
at least fifty net new jobs in the state and making significant capital
investment in the state; (b) a business creating at least twenty net new
jobs in agriculture in the state and making significant capital invest-
ment in the state, (c) a financial services firm, distribution center,
or back office operation creating at least three hundred net new jobs in
the state and making significant capital investment in the state, [or]
(d) a scientific research and development firm creating at least twenty
net new jobs in the state, and making significant capital investment in
the state, OR (E) A MAJOR ELECTRIC GENERATING FACILITY AS DEFINED IN
SECTION ONE HUNDRED SIXTY OF THE PUBLIC SERVICE LAW THAT HAS BEEN GRANT-
ED A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPERATION
OF A FACILITY PURSUANT TO SUBDIVISION FOUR OF SECTION ONE HUNDRED
SIXTY-FIVE OF THE PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED FACILITY
THAT HAD BEEN GRANTED CERTIFICATION OR OTHER APPROVAL UNDER ANOTHER
PROVISION OF LAW PRIOR TO THE EFFECTIVE DATE OF THIS SECTION. Other
businesses creating three hundred or more net new jobs in the state and
making significant capital investment in the state may be considered
eligible as a regionally significant project by the commissioner as
well. The commissioner shall promulgate regulations pursuant to section
three hundred fifty-six of this article to determine what constitutes
significant capital investment for each of the project categories indi-
cated in this subdivision and what additional criteria a business must
meet to be eligible as a regionally significant project, including, but
not limited to, whether a business exports a substantial portion of its
products or services outside of the state or outside of a metropolitan
statistical area or county within the state.
S 3. Subdivision 5 of section 353 of the economic development law, as
amended by section 2 of part G of chapter 61 of the laws of 2011, is
amended to read as follows:
5. A not-for-profit business entity, a business entity whose primary
function is the provision of services including personal services, busi-
ness services, or the provision of utilities, and a business entity
engaged predominantly in the retail or entertainment industry, 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, EXCEPT A MAJOR ELECTRIC GENERATING FACIL-
ITY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE PUBLIC SERVICE LAW
THAT HAS BEEN GRANTED A CERTIFICATE OR AMENDMENT THEREOF FOR THE
CONSTRUCTION OR OPERATION OF A FACILITY PURSUANT TO SUBDIVISION FOUR OF
SECTION ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW OR IF THERE IS
A PROPOSED FACILITY THAT HAD BEEN GRANTED CERTIFICATION OR OTHER
APPROVAL UNDER ANOTHER PROVISION OF LAW PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, are not eligible to receive the tax credit described in
this article.
S 4. This act shall take effect immediately.