§ 969. Termination or revision of an empire zone. (a) Except as
provided in this section, any designation of an area as an empire zone
shall remain in effect during the period beginning on the date of
designation and ending June thirtieth, two thousand ten.

(b) After consultation with the director of the budget and the
commissioner of labor, the commissioner may terminate the designation of
an area as an empire zone upon a finding that (1) the applicant has
failed substantially to implement the empire zone development plan
within the time stated therein; (2) there has been no substantial
business development or job creation within the area designated as an
empire zone within five years after such designation; (3) there has been
inadequate management and evaluation of the zone at the local level; or
(4) the applicant has repeatedly failed to comply with program reporting
requirements, provided, however, that no termination shall occur unless
and until written notice has been given to the applicant and a public
hearing has been held thirty days prior to the effective date of such
termination.

(c) The governing body of a city, county, town or village may, by
resolution, submit to the commissioner a request to revise the
boundaries of an existing empire zone. The commissioner may, after
consultation with the commissioner of labor, approve such revision
subject to the following provisions:

(1) Any revision of the borders of an empire zone shall be based upon
a determination by the commissioner that a change in circumstances has
occurred since the establishment of the existing borders which makes
revision of such borders necessary or desirable.

(2) The commissioner shall affirm that such revision would not have
the effect of producing an empire zone which does not satisfy the
criteria for empire zone designation established by or pursuant to
section nine hundred fifty-eight of this article.

(3) The commissioner may grant approval of revision of the borders of
an empire zone after prior public notice and a public hearing at least
thirty days prior to the effective date of such revision, if such
revision adds territory to an existing empire zone.

(4) The commissioner may grant approval of a revision of the borders
of an empire zone after public notice of such proposed revision and a
public hearing at least thirty days prior to the effective date of such
revision, if such revision removes territory from an existing empire
zone.

(5) The revision of the borders of an empire zone shall have no effect
on the duration of the designation of such empire zone as provided by
subdivision (a) of this section.

(6) It is the policy to allow each zone no more than one boundary
amendment within a twelve month period. If, however, there is a change
in circumstances involving extenuating factors within the year (such as
the attraction/retention of a regionally significant project, which is
consistent with the zone's development plan), the request will be
considered. Any request to revise the boundaries of an existing empire
zone that would add or remove acreage from a zone shall not be submitted
until the provisions of this subdivision are satisfied and the
designation of the distinct and separate contiguous areas are submitted
as required by section nine hundred fifty-seven of this article, unless
the zone administrative board demonstrates that prior to the effective
date of the amendments to this subdivision made by a chapter of the laws
of two thousand five it has been working in conjunction with a business
for the purpose of submitting such boundary revision that would result
in the creation of jobs within the zone. For purposes of section one
hundred eighty-seven-j and articles nine-A, twenty-two, thirty-two, and
thirty-three of the tax law, such business shall be deemed to have been
certified prior to April first, two thousand five.

(7) The area subject to the boundary amendment is in an area where
there is no viable alternative area that has existing public sewer or
water infrastructure.

(d) Upon the termination or revision of the borders of an empire zone
as provided in this section, the commissioner shall file notice of such
action as required by section nine hundred fifty-nine of this article.

(e) Notwithstanding the provisions of this section, for any empire
zone acreage designated as a result of a revision of the borders of an
empire zone prior to the effective date of this subdivision that is
outside of the distinct and separate contiguous areas that has not
demonstrated any appreciable commercial activity and/or any appreciable
capital improvement over a two year period from the time of designation,
such acreage shall be identified by the local empire zone administrative
board, which shall determine whether such acreage has been proposed for
development in a manner consistent with the empire zone development
plan. If such acreage has not been proposed for development in such
manner the local empire zone administrative board shall remove such
acreage from the zone. Any affected business or businesses shall be
immediately decertified.

(f) Notwithstanding subdivision (a) of this section, if the zone
administrative board demonstrates that, prior to the date the empire
zones expire under this section, that it had submitted a preliminary
application to the department of economic development requesting to
revise the boundaries of its zone in order to accommodate a project that
would result in the creation of jobs within the zone, the commissioner
of economic development may review and approve such boundary revision
and, if approved, may establish an effective date prior to the date the
empire zones expire pursuant to subdivision (a) of this section.

(g) Notwithstanding any regulations to the contrary, a regionally
significant project as defined in paragraph (i) of subdivision (d) of
section nine hundred fifty-seven of this article, that was deemed
eligible by the local zone administrative board and recommended for
approval to the commissioner of economic development on or before the
date the empire zones expire pursuant to subdivision (a) of this
section, the commissioner of economic development, if the project is
approved, may establish an effective date prior to the date the empire
zones expire pursuant to subdivision (a) of this section.