§ 424. Application and approval process. 1. A business enterprise must
submit a completed application as prescribed by the commissioner. Such
completed application must be submitted to the commissioner within (a)
one hundred eighty days of the declaration of an emergency by the
governor in the county in which the business enterprise is located or
(b) one hundred eighty days of the enactment of this article, if such
date is later than the date specified in paragraph (a) of this
subdivision.

2. As part of such application, each business enterprise must:

(a) agree to allow the department of taxation and finance to share its
tax information with the department. However, any information shared as
a result of this agreement shall not be available for disclosure or
inspection under the state freedom of information law.

(b) agree to allow the department of labor to share its tax and
employer information with the department. However, any information
shared as a result of this agreement shall not be available for
disclosure or inspection under the state freedom of information law.

(c) allow the department and its agents access to any and all books
and records the department may require to monitor compliance.

(d) agree to be permanently disqualified for empire zone tax benefits
at any location or locations that qualify for empire state jobs
retention program benefits if admitted into the empire state jobs
retention program.

(e) provide the following information to the department upon request:

(i) a plan outlining the schedule for meeting the jobs retention
requirements as set forth in subdivision three of section four hundred
twenty-three of this article. Such plan must include details on jobs
titles and expected salaries;

(ii) the prior three years of federal and state income or franchise
tax returns, unemployment insurance quarterly returns, real property tax
bills and audited financial statements; and

(iii) the employer identification or social security numbers for all
related persons to the applicant, including those of any members of a
limited liability company or partners in a partnership.

(f) provide a clear and detailed presentation of all related persons
to the applicant to assure the department that jobs are not being
shifted within the state.

(g) certify, under penalty of perjury, that it is in substantial
compliance with all environmental, worker protection, and local, state,
and federal tax laws.

3. After reviewing a business enterprise's completed application and
determining that the business enterprise will meet the conditions set
forth in subdivision three of section four hundred twenty-three of this
article, the department may admit the applicant into the program and
provide the applicant with a certificate of eligibility and a
preliminary schedule of benefits by year based on the applicant's
projections as set forth in its application. This preliminary schedule
of benefits delineates the maximum possible benefits an applicant may
receive.

4. In order to become a participant in the program, an applicant must
submit evidence that it satisfies the eligibility criteria specified in
section four hundred twenty-three of this article and subdivision two of
this section in such form as the commissioner may prescribe. After
reviewing such evidence and finding it sufficient, the department shall
certify the applicant as a participant and issue to that participant a
certificate of tax credit for one taxable year. To receive a certificate
of tax credit for subsequent taxable years, the participant must submit
to the department a performance report demonstrating that the
participant continues to satisfy the eligibility criteria specified in
section four hundred twenty-three of this article and subdivision two of
this section.

5. A participant may claim tax benefits commencing in the first
taxable year that the business enterprise receives a certificate of tax
credit or the first taxable year listed on its preliminary schedule of
benefits, whichever is later. A participant may claim such benefits for
the next nine consecutive taxable years, provided that the participant
demonstrates to the department that it continues to satisfy the
eligibility criteria specified in section four hundred twenty-three of
this article and subdivision two of this section in each of those
taxable years.