§ 772. Grants, guaranteed loans and tax benefits. 1. Except as
provided in subdivision four of this section and notwithstanding any
other provision of law, a call center employer that appears on the list
described in section seven hundred seventy-one of this article shall be
ineligible to enter into any agreements for any state grants or state
guaranteed loans for a period of five years from the date such list is
published.

2. Except as provided in subdivision four of this section and
notwithstanding any other provision of law, a call center employer that
appears on the list described in section seven hundred seventy-one of
this article shall remit the unamortized value of any state grant or
state guaranteed loans it has previously received for the call center
appearing on the list, if the agreement for such grants and loans was
entered into after the effective date of this article. Nothing in this
subdivision shall be deemed to prevent the call center employer from
receiving any grant to provide training or other employment assistance
to individuals who are selected as being in particular need of training
or other employment assistance due to the transfer or relocation of the
call center employer's facility or operating units.

3. Except as provided in subdivision four of this section and
notwithstanding any other provision of law, a call center employer that
appears on the list described in section seven hundred seventy-one of
this article shall not be allowed any tax credit described in
subdivision (c) of section seven hundred seventy of this article for the
five taxable years, excluding short taxable years, immediately
succeeding the taxable year in which the call center first appears on
such list, if the agreement for such tax credit was entered into after
the effective date of this article.

4. The commissioner, in consultation with the appropriate agency
providing a loan, grant or tax credit may waive the requirement provided
under subdivision one, two or three of this section if the call center
employer demonstrates that such requirement would:

(a) threaten state or national security;

(b) result in substantial actual or potential job loss in the state of
New York; or

(c) harm the environment.

If the commissioner waives such requirement, such commissioner shall
promptly notify the commissioner of taxation and finance of such waiver.