S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1340

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by Sens. MAZIARZ, LAVALLE -- read twice and ordered printed,
  and when printed to be committed to the Committee on Energy and  Tele-
  communications

AN ACT to amend the public service law, the economic development law and
  the tax law, in relation to eligibility for admission to the excelsior
  jobs program

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The closing paragraph of paragraph (b) of subdivision 4  of
section  165  of  the public service law, as added by chapter 388 of the
laws of 2011, is amended to read as follows:
  The applicant shall supply the details of the analysis in the applica-
tion and such supporting information, as may be requested by  the  board
or,  in  the  exercise  of federally delegated or approved environmental
permitting authority,  the  department  of  environmental  conservation,
necessary  to show compliance with the requirements of subparagraphs (i)
through (iv) of this paragraph. The board may  extend  the  deadline  in
extraordinary  circumstances  by  no  more than three months in order to
give consideration to specific issues necessary to develop  an  adequate
record.  The  board  shall render a final decision on the application by
the aforementioned deadlines unless such deadlines  are  waived  by  the
applicant.  If,  at any time subsequent to the commencement of the hear-
ing, there is a material and substantial amendment to  the  application,
the  deadlines may be extended by no more than three months, unless such
deadline is waived by the applicant, to consider such amendment.  SHOULD
THE BOARD GRANT A CERTIFICATE OR AMENDMENT THEREOF FOR THE  CONSTRUCTION
OR  OPERATION  OF A FACILITY OR IF THERE IS A PROPOSED FACILITY THAT HAD
BEEN GRANTED CERTIFICATION OR OTHER APPROVAL UNDER ANOTHER PROVISION  OF
LAW  PRIOR  TO  THE  EFFECTIVE  DATE  OF  THIS SECTION, THE APPLICANT OR
PROPOSED FACILITY SHALL BE  ELIGIBLE  TO  APPLY  FOR  ADMISSION  TO  THE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD02285-01-3

S. 1340                             2

EXCELSIOR  JOBS PROGRAM ESTABLISHED PURSUANT TO ARTICLE SEVENTEEN OF THE
ECONOMIC DEVELOPMENT LAW.
  S 2. Subdivision 14 of section 352 of the economic development law, as
added  by  section  1  of  part MM of chapter 59 of the laws of 2010, is
amended to read as follows:
  14. "Regionally significant project" means (a) a manufacturer creating
at least fifty net new jobs in the state and making significant  capital
investment in the state; (b) a business creating at least twenty net new
jobs  in agriculture in the state and making significant capital invest-
ment in the state, (c) a financial services firm,  distribution  center,
or back office operation creating at least three hundred net new jobs in
the  state  and making significant capital investment in the state, [or]
(d) a scientific research and development firm creating at least  twenty
net  new jobs in the state, and making significant capital investment in
the state, OR (E) A MAJOR ELECTRIC GENERATING  FACILITY  AS  DEFINED  IN
SECTION ONE HUNDRED SIXTY OF THE PUBLIC SERVICE LAW THAT HAS BEEN GRANT-
ED  A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPERATION
OF A FACILITY PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION  ONE  HUNDRED
SIXTY-FIVE  OF THE PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED FACILITY
THAT HAD BEEN GRANTED CERTIFICATION  OR  OTHER  APPROVAL  UNDER  ANOTHER
PROVISION  OF  LAW  PRIOR  TO THE EFFECTIVE DATE OF THIS SECTION.  Other
businesses creating three hundred or more net new jobs in the state  and
making  significant  capital  investment  in the state may be considered
eligible as a regionally significant  project  by  the  commissioner  as
well.  The commissioner shall promulgate regulations pursuant to section
three hundred fifty-six of this article to  determine  what  constitutes
significant  capital investment for each of the project categories indi-
cated in this subdivision and what additional criteria a  business  must
meet  to be eligible as a regionally significant project, including, but
not limited to, whether a business exports a substantial portion of  its
products  or  services outside of the state or outside of a metropolitan
statistical area or county within the state.
  S 3. Subdivisions 1 and 5 of section 353 of the  economic  development
law,  as  amended  by  section  2 of part G of chapter 61 of the laws of
2011, are amended to read as follows:
  1. To be a participant in the excelsior jobs program, a business enti-
ty shall operate in New York state predominantly:
  (a) as a financial services data center or a financial  services  back
office operation;
  (b) in manufacturing;
  (c) in software development and new media;
  (d) in scientific research and development;
  (e) in agriculture;
  (f)  in  the  creation  or  expansion of back office operations in the
state;
  (g) in a distribution center; [or]
  (h) in an  industry  with  significant  potential  for  private-sector
economic  growth  and  development  in  this state as established by the
commissioner in regulations promulgated pursuant  to  this  article.  In
promulgating  such  regulations  the  commissioner shall include job and
investment criteria; OR
  (I) AS A MAJOR ELECTRIC GENERATING FACILITY AS DEFINED IN SECTION  ONE
HUNDRED  SIXTY OF THE PUBLIC SERVICE LAW THAT HAS BEEN GRANTED A CERTIF-
ICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPERATION OF A FACIL-
ITY PURSUANT TO SUBDIVISION FOUR OF SECTION ONE  HUNDRED  SIXTY-FIVE  OF
THE  PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED FACILITY THAT HAD BEEN

S. 1340                             3

GRANTED CERTIFICATION OR OTHER APPROVAL UNDER ANOTHER PROVISION  OF  LAW
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  5.  A  not-for-profit business entity, a business entity whose primary
function is the provision of services including personal services, busi-
ness services, or the provision of  utilities,  and  a  business  entity
engaged  predominantly  in  the  retail or entertainment industry, and a
company engaged in the generation or distribution  of  electricity,  the
distribution  of natural gas, or the production of steam associated with
the generation of electricity, EXCEPT A MAJOR ELECTRIC GENERATING FACIL-
ITY AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THE  PUBLIC  SERVICE  LAW
THAT  HAS  BEEN  GRANTED  A  CERTIFICATE  OR  AMENDMENT  THEREOF FOR THE
CONSTRUCTION OR OPERATION OF A FACILITY PURSUANT TO SUBDIVISION FOUR  OF
SECTION  ONE HUNDRED SIXTY-FIVE OF THE PUBLIC SERVICE LAW OR IF THERE IS
A PROPOSED  FACILITY  THAT  HAD  BEEN  GRANTED  CERTIFICATION  OR  OTHER
APPROVAL  UNDER  ANOTHER PROVISION OF LAW PRIOR TO THE EFFECTIVE DATE OF
THIS SECTION, are not eligible to receive the tax  credit  described  in
this article.
  S  4.  Subdivision  (a)  of  section  31 of the tax law, as amended by
section 7 of part G of chapter 61 of the laws of  2011,  is  amended  to
read as follows:
  (a)  General.  A  taxpayer  subject  to  tax under section one hundred
eighty-five, article nine-A, twenty-two, thirty-two or  thirty-three  of
this  chapter, OR A TAXPAYER SUBJECT TO SECTION ONE HUNDRED EIGHTY-SIX-A
OF THIS CHAPTER WHO IS A MAJOR ELECTRIC GENERATING FACILITY  AS  DEFINED
IN  SECTION  ONE  HUNDRED SIXTY OF THE PUBLIC SERVICE LAW, THAT HAS BEEN
GRANTED A CERTIFICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPER-
ATION OF A FACILITY PURSUANT TO SUBDIVISION FOUR OF SECTION ONE  HUNDRED
SIXTY-FIVE  OF THE PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED FACILITY
THAT HAD BEEN GRANTED CERTIFICATION  OR  OTHER  APPROVAL  UNDER  ANOTHER
PROVISION  OF  LAW PRIOR TO THE EFFECTIVE DATE OF THIS SECTION, shall be
allowed a credit against such tax, pursuant to the provisions referenced
in subdivision (g) of this section. The amount of the credit,  allowable
for  up  to  ten  consecutive taxable years, is the sum of the following
four credit components:
  (1) the excelsior jobs tax credit component;
  (2) the excelsior investment tax credit component;
  (3) the excelsior research and development tax credit component; and
  (4) the excelsior real property tax credit component.
  S 5. Subdivision (a) of section 187-q of the  tax  law,  as  added  by
section  9  of  part  G of chapter 61 of the laws of 2011, is amended to
read as follows:
  (a) Allowance of credit. A taxpayer will be allowed a  credit,  to  be
computed  as provided in section thirty-one of this chapter, against the
tax imposed by section  one  hundred  eighty-five  of  this  article  OR
SECTION ONE HUNDRED HUNDRED EIGHTY-SIX-A OF THIS ARTICLE AND THE TAXPAY-
ER  IS  A  MAJOR  ELECTRIC GENERATING FACILITY AS DEFINED IN SECTION ONE
HUNDRED SIXTY OF THE PUBLIC SERVICE LAW THAT HAS BEEN GRANTED A  CERTIF-
ICATE OR AMENDMENT THEREOF FOR THE CONSTRUCTION OR OPERATION OF A FACIL-
ITY  PURSUANT  TO  SUBDIVISION FOUR OF SECTION ONE HUNDRED SIXTY-FIVE OF
THE PUBLIC SERVICE LAW OR IF THERE IS A PROPOSED FACILITY THAT HAD  BEEN
GRANTED  CERTIFICATION  OR OTHER APPROVAL UNDER ANOTHER PROVISION OF LAW
PRIOR TO THE EFFECTIVE DATE OF THIS SECTION.
  S 6. This act shall take effect immediately.