§ 489-eeeeee. Reporting requirement. 1. Continuing use. For the
duration of the benefit period, the recipient of benefits shall file
biennially with the department, on or before the appropriate taxable
status date, a statement of the continuing use of such property and any
changes in use that have occurred, provided, however, that any recipient
of benefits receiving benefits for property defined as a peaking unit
shall file such statement biannually. Such filings shall include a
statement that the recipient has not been found by a competent
authority, agency or court to have violated state, city, or municipal
business regulations or ordinances related to payment of taxes, payment
of wages, or fraudulent representation to governmental entities. This
statement shall be in a form determined by the department and may be in
any format the department determines, in its discretion, is appropriate,
including electronic format. The department shall have authority to
terminate such benefits upon failure of a recipient to file such
statement by the appropriate taxable status date. The burden of proof
shall be on the recipient to establish continuing eligibility for
benefits and the department shall have the authority to require that
statements filed under this subdivision be certified.

2. Conversion of construction. A recipient shall file an amendment to
the latest statement of continuing use prior to:

(a) converting square footage within property that is the subject of
benefits for industrial construction work from use for the manufacturing
activities described in such statement of continuing use where such
conversion would result in less than sixty-five percent of total net
square footage being used or held out for use for manufacturing
activities; or

(b) converting any portion of property that is the subject of benefits
for industrial construction work for use for any restricted activity or
as residential property.

(c) For all other use conversions, applicants shall immediately notify
the department of a change in use, in a manner that the department may
determine.

3. Minimum required expenditure. No later than sixty days after the
minimum required expenditure must be made under subdivision one of
section four hundred eighty-nine-cccccc of this title, the applicant
shall submit to the department a certified statement that the applicant
has made the minimum required expenditure as required by this title.

4. Business operation data. A recipient shall biennially file a report
with the department, on or before the appropriate taxable status date,
regarding certain business operation data relating to the recipient's
economic impact and outcomes for the duration of the benefit period,
provided, however, that any recipient of benefits for property defined
as a peaking unit shall file such statement biannually. Such report
shall contain information including, but not limited to, tenancy data,
information regarding employment creation and job retention and any
other information deemed relevant by the department.