§ 422. Definitions. For the purposes of this article:

1. "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.

2. "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 each tax credit under
this article that a participant may claim, pursuant to section four
hundred twenty-five of this article, and shall specify the taxable year
in which such credit may be claimed.

3. "Impacted jobs" means jobs at a business enterprise existing the
day before an event leading to an emergency declaration by the governor
at a location or locations which demonstrate substantial physical damage
and economic harm caused by the event for which the emergency
declaration was made.

4. "Participant" means a business entity that:

(a) has completed an application prescribed by the department to be
admitted into the program;

(b) has been issued a certificate of eligibility by the department;

(c) has demonstrated that it meets the eligibility criteria in section
four hundred twenty-three and subdivision two of section four hundred
twenty-four of this article; and

(d) has been certified as a participant by the commissioner.

5. "Preliminary schedule of benefits" means the maximum aggregate
amount of the tax credit that a participant in the empire state jobs
retention program is eligible to receive pursuant to this article. The
schedule shall indicate the annual amount of the credit a participant
may claim in its six months of eligibility. The preliminary schedule of
benefits shall be issued by the department when the department approves
the application for admission into the program. The commissioner may
amend that schedule, provided that the commissioner complies with the
credit caps in section three hundred fifty-nine of this chapter.

6. "Related person" means a related person pursuant to subparagraph
(c) of paragraph three of subsection (b) of section four hundred
sixty-five of the internal revenue code.

7. "Business entity" means a for profit business duly authorized to do
business in and in good standing in the state of New York.