§ 959-b. Clean energy enterprises. (a) For purposes of this section,
"clean energy enterprise" shall mean any business primarily engaged in
research, development or manufacturing of renewable energy or energy
efficiency technologies or products; provided, however, that an initial
clean coal electric generating facility capable of capturing carbon
dioxide for sequestration or capable of being retrofitted to capture
carbon dioxide for sequestration shall constitute an eligible business
for purposes of this section. A business is primarily engaged in
research, development or manufacturing of renewable energy or energy
efficiency technologies or products if eighty percent or more of its
property in New York is utilized for such purposes.

(b) The commissioner of economic development shall serve as the sole
certification officer for businesses seeking certification as a clean
energy enterprise. The commissioner of economic development, after
consultation with the executive director of the New York state energy
research and development authority, shall promulgate regulations
governing (i) criteria of eligibility for designation of a clean energy
enterprise, (ii) the application process, and (iii) the certification by
the commissioner of economic development as to the eligibility of
business enterprises for benefits referred to in section nine hundred
sixty-six of this article. A business so certified shall be deemed to be
eligible for such benefits as if such business were located in an
investment zone as defined in paragraph (i) of subdivision (d) of
section nine hundred fifty-seven of this article. No such certification
shall be made after June thirtieth, two thousand ten.

(c) Such enterprise shall be exempt from the requirements of paragraph
(iii) of subdivision (a) of section nine hundred fifty-eight, sections
nine hundred sixty-one, nine hundred sixty-two and nine hundred
sixty-three of this article.