Section 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.