Section 958. Criteria for empire zone designation

(a) To be eligible for
  designation as  an  empire  zone,  an  area  must  be  characterized  by
  pervasive poverty, high unemployment and general economic distress, must
  correspond  to  traditional  neighborhood  or  community boundaries, and
  where appropriate, be bounded by  major  natural  or  man-made  physical
  boundaries,  such  as bodies of water, railroad lines, or limited access
  highways; and must meet the following requirements:
    (i) the area shall include a United States census tract or  tracts  or
  block  numbering  area  or  areas, or portions thereof, each full census
  tract or portion of a block numbering area of which,  according  to  the
  most recent census data available, has:
    (A)  a  poverty  rate of at least twenty percent for the year to which
  the data relate;
    (B) an  unemployment  rate  of  at  least  1.25  times  the  statewide
  unemployment rate for the year to which the data relate; and
    (C) a population of at least two thousand.
    (ii)  lands  nearby  or contiguous to census tracts or block numbering
  areas described in paragraph (i) of this subdivision may be eligible  to
  be included within an empire zone if, upon the request of the applicant,
  the  commissioner  finds,  in  accordance  with  regulations promulgated
  pursuant to this article, that such additional  lands  have  significant
  potential  for business development and job creation, which will enhance
  economic  revitalization  of  the  zone  and  benefit  zone   residents;
  provided,  however,  that  lands  nearby shall not be included in a zone
  until the commissioner, in consultation with the director of the budget,
  promulgates regulations governing the inclusion of such lands;
    (iii) the area proposed as an empire zone shall not exceed:
    two square miles for any zone, such area shall be defined  by  one  or
  more  borders,  which  borders  shall be determined by the applicant and
  need not be entirely coterminous with the borders of  census  tracts  or
  block numbering areas provided, however, that such zone shall be located
  entirely  within  traditional  neighborhood or community boundaries, and
  where appropriate, be bounded by  major  natural  or  man-made  physical
  boundaries,  such  as bodies of water, railroad lines, or limited access
  highways,  and  the  zones  created  pursuant  to  paragraph  (viii)  of
  subdivision  (b) of section nine hundred sixty of this article should be
  limited to one square mile; provided however,  empire  zones  designated
  under  subdivision (b) of section nine hundred sixty of this article may
  apply to increase their distinct and separate contiguous  areas  to  two
  square  miles; provided further, regionally significant projects are not
  included within such two square mile limitation;
    (iv) if such area  is  governed  by  zoning  laws  or  other  laws  or
  regulations  governing  land use, such laws or regulations must allow at
  least twenty-five percent of such area to  be  used  for  commercial  or
  industrial activity;
    (v)  at  least  twenty-five percent of the total land within such area
  must be vacant, abandoned  or  otherwise  available  for  industrial  or
  commercial development or redevelopment; and
    (vi)  such  other  requirements  as  may be established in regulations
  promulgated by the commissioner with the approval of the director of the
  budget and after consultation with the commissioner of labor,  including
  but not limited to:
    (A)  a  comprehensive  demonstration  of  chronic  and severe economic
  distress and  the  reasons  therefor  as  evidenced  by  population  and
  employment  decline,  increase  in  unemployment  and  public assistance
  recipients, decline in real property values,  relative  decline  in  per
  capita  income,  the  extent  of  abandoned  property  and  deteriorated
  industrial, commercial and residential  properties,  a  decline  in  the

  number  of business establishments, obsolescence in plant capacity, loss
  of markets to  foreign  competition,  the  unavailability  of  expansion
  financing,  poor  access  to  markets, the retirement of local owners of
  companies;
    (B)  a  demonstration  of the potential of the area to attract private
  investment that will provide employment to persons in the area  who  are
  unemployed or economically disadvantaged;
    (C) a demonstration of substantial public and private commitments to a
  long-term  economic  revitalization  program  for the area and the local
  capacity to manage such a program;
    (D) a demonstration of  the  manner  in  which  the  overall  economic
  development  plan  enunciates  the  needs  of  the  area  and sets forth
  proposals to solve them; and
    (E) a demonstration of the manner in which  progress  in  implementing
  the zone development plan will be routinely evaluated on the local level
  and how information essential for periodic evaluations will be compiled.
    Such   regulations  may  require  a  demonstration  of  a  decline  in
  population, a decline in employment,  an  increase  in  unemployment,  a
  decline  in  real  property  values,  a  relative  decline in per capita
  income, the extent of abandoned property  and  deteriorated  industrial,
  commercial and residential property, a decline in the number of business
  establishments, and other indicators of severe economic distress.
    (b) Notwithstanding the provisions of paragraph (i) of subdivision (a)
  of this section, any county in which the average rate of unemployment in
  the  two  most  recent  calendar  years was at least one and one-quarter
  times the state average for those years and in which the rate of poverty
  for individuals was at least thirteen  percent  according  to  the  most
  recent  census data available, and which does not contain a census tract
  or tracts, portion of a block numbering area or a city, town or  village
  which  meets the criteria specified in such paragraph (i) of subdivision
  (a), may apply for designation of an area within a  municipality  as  an
  empire zone. The area proposed for designation shall be characterized by
  pervasive poverty, high unemployment and general economic distress.
    (c) Notwithstanding the provisions of paragraph (i) of subdivision (a)
  of  this section, any county may apply for designation of an area within
  a  municipality  as  an  empire  zone  provided   that   the   following
  requirements are met:
    (i)  at  the  time  of  application,  the  unemployment  rate  of  the
  metropolitan statistical  area  must  exceed  the  national  average  of
  unemployment and the metropolitan statistical area must have experienced
  or  is  likely  to experience within three years the lesser of a loss of
  four thousand direct jobs or a dislocation of workers equal to  one-half
  percent  of the employed population of the metropolitan statistical area
  and at least fifty percent of the job loss  or  dislocation  of  workers
  must  result  from the action of a single employer, or eighty percent of
  such job loss or dislocation must occur in a  single  standard  industry
  classification (two digit code); or
    (ii)  at  the  time  of  application,  the  unemployment  rate  of the
  metropolitan statistical area must be equal to or less than the national
  average of unemployment and the metropolitan statistical area must  have
  experienced  or is likely to experience within three years the lesser of
  a loss of eight thousand direct jobs or a dislocation of  workers  equal
  to   one   percent  of  the  employed  population  of  the  metropolitan
  statistical area  and  at  least  fifty  percent  of  the  job  loss  or
  dislocation of workers must result from the action of a single employer,
  or eighty percent of such job loss or dislocation must occur in a single
  standard industry classification (two digit code); or

    (iii)  at  the time of application, the unemployment rate of the labor
  market area must exceed the national average  of  unemployment  and  the
  labor  market  area  must  have  experienced  or is likely to experience
  within three years the lesser of a loss of five hundred direct jobs or a
  dislocation  of  workers equal to two percent of the employed population
  of the labor market area; or
    (iv) at the time of application, the unemployment rate  of  the  labor
  market  area  must  be  equal  to  or  less than the national average of
  unemployment and the labor market  area  must  have  experienced  or  is
  likely  to  experience  within  three  years the lesser of a loss of one
  thousand direct jobs or a dislocation of workers equal to  four  percent
  of the employed population of the labor market area; or
    (v) at the time of application, the municipality is declared a natural
  disaster area by the president of the United States; or
    (vi) at the time of application, the municipality contains:
    (A)  a  defense or military base or facility which has been designated
  for closure or realignment; or
    (B) a state-operated hospital or facility listed in sections  7.17  or
  13.17  of the mental hygiene law which has been designated by either the
  commissioner of mental health or the commissioner of mental  retardation
  and   developmental  disabilities  for  contraction  or  discontinuance.
  Provided however, that not more than one-third of the  zones  designated
  pursuant  to  paragraph (iii) or (iv) of subdivision (b) of section nine
  hundred  sixty,  shall  be  based  on  applications  filed  pursuant  to
  paragraph (vi) of this subdivision.
    (d) Notwithstanding the provisions of paragraph (i) of subdivision (a)
  of this section, any municipality may apply for designation as an empire
  zone  for  an  area  which shall include a United States census tract or
  tracts or block numbering area or areas or portions thereof,  each  full
  census  tract or portion of a block numbering area of which according to
  the most recent census data available has:
    (i) at the time of application,  an  unemployment  rate  equal  to  or
  exceeding the unemployment rate of the state of New York;
    (ii) a rate of poverty for individuals of at least twenty percent;
    (iii)  a  number of households receiving public assistance of fourteen
  percent or more;
    (iv) the municipality is considered a non-metropolitan area; and
    (v) there is no other empire zone in the county in  which  designation
  is sought.
    (e)  The  empire  zones designation board may accept from an applicant
  seeking designation any data in lieu  of  census  data  supporting  such
  application as the commissioner deems to be reliable.
    (f) Notwithstanding subdivisions (a), (b), (c) and (d) of this section
  or  any  other  provision  of  this  article, the following counties are
  deemed  eligible  to  receive  empire  zone  designation   pursuant   to
  subdivisions  (b)  and  (c) of this section: Delaware; Greene; Hamilton;
  Livingston; Nassau; Putnam; Rockland; Schoharie; Tompkins; Wyoming;  and
  Yates.  New  York  county  in the vicinity south of East Houston Street,
  east of Broadway, west of the East River, and north of  Chambers  Street
  and  the  Brooklyn Bridge, in an area commonly known as Chinatown, shall
  be deemed eligible  to  receive  empire  zone  designation  pursuant  to
  subdivisions (a) and (d) of this section.
    (g)  Notwithstanding  any other provision of this section, after March
  thirty-first, two thousand five, a municipality shall demonstrate in  an
  application  for  designation as an empire zone, that there is no viable
  alternative area or areas that has or  have  existing  public  sewer  or
  water infrastructure available other than the proposed zone.