§ 441. Definitions. As used in this article, the following terms shall
have the following meanings:

1. "Approved provider" means an entity meeting such criteria as shall
be established by the commissioner in rules and regulations promulgated
pursuant to this article, that may provide eligible training to
employees of a business entity participating in the employee training
incentive program; provided that, for internship programs, the business
entity shall be an approved provider or an approved provider in contract
with such business entity. Such criteria shall ensure that any approved
provider possess adequate credentials to provide the training described
in an application by a business entity to the commissioner to
participate in the employee training incentive program.

2. "Commissioner" means the commissioner of economic development.

3. "Eligible training" means (a) training provided by the business
entity or an approved provider that is:

(i) to upgrade, retrain or improve the productivity of employees;

(ii) provided to employees in connection with a significant capital
investment by a participating business entity;

(iii) determined by the commissioner to satisfy a business need on the
part of a participating business entity;

(iv) not designed to train or upgrade skills as required by a federal
or state entity;

(v) not training the completion of which may result in the awarding of
a license or certificate required by law in order to perform a job
function; and

(vi) not culturally focused training; or

(b) an internship program in advanced technology, life sciences,
software development or clean energy approved by the commissioner and
provided by the business entity or an approved provider, on or after
August first, two thousand fifteen, to provide employment and experience
opportunities for current students, recent graduates, and recent members
of the armed forces.

4. "Life sciences" means agricultural biotechnology, biogenerics,
bioinformatics, biomedical engineering, biopharmaceuticals, academic
medical centers, biotechnology, chemical synthesis, chemistry
technology, medical diagnostics, genomics, medical image analysis,
marine biology, medical devices, medical nanotechnology, natural product
pharmaceuticals, proteomics, regenerative medicine, RNA interference,
stem cell research, medical and neurological clinical trials, health
robotics and veterinary science. "Life sciences company" is a business
entity or an organization or institution that devotes the majority of
its efforts in the various stages of research, development, technology
transfer and commercialization related to any life sciences field.

5. "Significant capital investment" means a capital investment in new
business processes or equipment, the cost of which is equal to or
exceeds ten dollars for every one dollar of tax credit allowed to an
eligible business entity under this program pursuant to subdivision
fifty of section two hundred ten-B or subsection (ddd) of section six
hundred six of the tax law.

6. "Strategic industry" means an industry in this state, as
established by the commissioner in regulations promulgated pursuant to
this article, based upon the following criteria:

(a) shortages of workers trained to work within the industry;

(b) technological disruption in the industry, requiring significant
capital investment for existing businesses to remain competitive;

(c) the ability of businesses in the industry to relocate outside of
the state in order to attract talent;

(d) the potential to recruit minorities and women to be trained to
work in the industry in which they are traditionally underrepresented;

(e) the potential to create jobs in economically distressed areas,
which shall be based on criteria indicative of economic distress,
including poverty rates, numbers of persons receiving public assistance,
and unemployment rates; or

(f) such other criteria as shall be developed by the commissioner in
consultation with the commissioner of labor.