§ 423. Eligibility criteria. 1. For the purposes of this article, in
order to participate in the empire state jobs retention program on or
after June first, two thousand twenty-five, a business entity must
demonstrate substantial physical damage and economic harm at a location
or locations within an area for which the governor has issued an
emergency declaration and resulting from the event leading to the
emergency declaration by the governor. At the time of application, a
business entity shall submit to the department a plan to retain, restore
or increase staffing levels within one year from the date of application
to at least the staffing levels that existed at the site the day prior
to the date of the applicable declaration of the state of emergency. Any
recipient that does not adhere to its jobs retention plan, shall have
its program award rescinded unless the recipient can demonstrate
economic hardship to the commissioner, in which case any such program
award may be reduced proportionally by the number of employees not
restored or retained.

2. A business entity must be in compliance with all worker protection
and environmental laws and regulations. In addition, a business entity
may not owe past due state taxes. In addition, a business entity must
not owe local property taxes for any year prior to the year in which it
applies to participate in the empire state jobs retention program.