§ 25-gg. Relocation assistance credit per employee. (a) Any city
having a population of one million or more is hereby authorized and
empowered to adopt and amend a local law allowing an eligible business
that relocates to receive a credit against a tax imposed under a local
law enacted pursuant to part two or three of section one or section two
of chapter seven hundred seventy-two of the laws of nineteen hundred
sixty-six. The amount of such credit shall be determined by multiplying
five thousand dollars by the number of eligible aggregate employment
shares maintained by the taxpayer during the taxable year with respect
to eligible premises to which the taxpayer has relocated, and may be
taken, pursuant to the provisions of section four-j of part two of
section one, or subdivision (l) of section one hundred one of section
two of chapter seven hundred seventy-two of the laws of nineteen hundred
sixty-six, for up to eleven consecutive taxable years beginning with the
taxable year in which the eligible business relocates, provided that no
such credit shall be allowed for the relocation of any retail activity
or hotel services.

(b) No eligible business shall be authorized to receive a credit
against tax under any local law enacted pursuant to this article unless
the premises with respect to which it is claiming the credit are
eligible premises and until it has obtained an initial certification of
eligibility from the mayor of such city and an annual certification from
such mayor as to the number of eligible aggregate employment shares
maintained by such eligible business that may qualify for obtaining a
tax credit for the eligible business's taxable year. Each initial
certification of eligibility shall include the maximum approved
employment shares for the eligible business, which shall not exceed five
hundred employment shares. Any written documentation submitted to such
mayor in order to obtain any such certification shall be deemed a
written instrument for purposes of section 175.00 of the penal law. Such
local law may provide for an application fee for such certification to
be determined by such mayor. No initial certification of eligibility
shall be issued under any local law enacted pursuant to this article to
an eligible business on or after July first, two thousand twenty-eight
unless:

(1) prior to such date, such business has purchased, leased or entered
into a contract to purchase or lease eligible premises;

(2) prior to such date, such business submits a preliminary
application for an initial certification of eligibility to such mayor
with respect to a proposed relocation to such premises;

(3) such business enters into a lease or contract to purchase an
eligible premises between the date that such business submits such
preliminary application and three months thereafter; and

(4) such business relocates to such premises not later than thirty-six
months from the date of submission of such preliminary application.

(c) Notwithstanding any provision of law to the contrary, such mayor
shall not issue an initial certification of eligibility that would cause
the program total to exceed three thousand maximum approved employment
shares. Such mayor shall approve applications on a first-come,
first-serve basis among eligible businesses in accordance with rules
promulgated pursuant to a local law authorized by subdivision (d) of
this section. Such mayor shall include on such mayor's website an
indication regarding whether the program total has reached three
thousand maximum approved employment shares.

(d) Such mayor shall be authorized to promulgate rules and regulations
to administer and ensure compliance with the provisions of this article,
including but not limited to rules and regulations to provide for
alternative methods to measure employment shares in instances where an
eligible business is not required by law to maintain weekly records of
full-time work weeks and part-time work weeks of employees, partners or
sole proprietors.

(e) For the duration of the benefit period, the recipient of a credit
pursuant to a local law enacted in accordance with this article shall
file an application for an annual certification each year demonstrating
such recipient's eligibility for such credit and the average wage and
benefits offered to the applicable relocated employees used in
determining eligible aggregate employment shares. Such mayor shall have
the authority to require that statements filed under this subdivision be
filed electronically and that such statements be certified.