Section 960. Designation of empire zones

(a) The empire zones designation
  board is hereby created. Such board shall consist of the commissioner of
  taxation and finance, the director of the budget,  the  commissioner  of
  labor  and two members to be appointed by the governor; one member to be
  appointed by the temporary president of the senate;  one  member  to  be
  appointed  by  the  speaker of the assembly; and two non-voting members,
  one of whom shall be appointed by the minority leader of the senate  and
  one  of  whom shall be appointed by the minority leader of the assembly.
  The governor shall designate from among the voting members the  chairman
  of  the board. Each member of the board shall be entitled to designate a
  representative to attend meetings of the board in his or her place,  and
  to  vote  or  otherwise  act on his or her behalf in his or her absence.
  Notice of such designation shall be furnished in writing to the board by
  the designating member. A representative shall serve at the pleasure  of
  the  designating  member.  A  representative  shall not be authorized to
  delegate any of his or her duties or functions to any other person.
    (a-1) The empire zones  designation  board  may  consider  designating
  empire   zone   acreage  for  the  following  categories  of  regionally
  significant projects as set forth in section nine hundred fifty-seven of
  this article: agri-business or high tech or biotech  business  making  a
  capital  investment  of  ten million dollars and creating twenty or more
  jobs; or a  financial  or  insurance  services  or  distribution  center
  creating  three  hundred  or  more  jobs; or a clean energy research and
  development enterprise. Such consideration  shall  be  upon  application
  submitted  by  the  commissioner. Such application shall be made after a
  public hearing in accordance with section  nine  hundred  sixty-nine  of
  this  article  and  in  accordance  with  findings  which shall consider
  factors including but not limited to: the creation and  retention  of  a
  regionally  significant  number  of  skilled  or otherwise quality jobs;
  substantial capital investment; or the export of a substantial amount of
  goods or services beyond the immediate region; and further  findings  as
  to  why  such  project  cannot  be  accommodated within the distinct and
  separate contiguous areas pursuant to section nine  hundred  fifty-seven
  of  this  article. Such findings shall be published once a week for four
  successive weeks, in two newspapers of the county of which  the  project
  is  to  be  located  or  if  no  newspaper  is published therein, in the
  newspaper nearest thereto.  Proof of such publication shall be submitted
  to the board. The board shall not act on such project or projects  until
  thirty days of the final publication of such findings.
    (a-2)  The  empire  zones  designation  board may consider designating
  empire  zone  acreage  for  other  regionally  significant  projects  in
  accordance  with  section nine hundred fifty-seven of this article, upon
  application submitted by the commissioner.  Such  application  shall  be
  made  after  a  public  hearing  in accordance with section nine hundred
  sixty-nine of this article and in accordance with findings  which  shall
  consider  factors  including,  but  not  limited  to:  the  creation and
  retention of a regionally significant number  of  skilled  or  otherwise
  quality  jobs;  substantial  capital  investment;  or  the  export  of a
  substantial amount of goods or services beyond the immediate region; and
  further findings as to why such project cannot  be  accommodated  within
  the  distinct  and  separate  contiguous  areas pursuant to section nine
  hundred fifty-seven of this article. Such findings  shall  be  published
  once  a  week for four successive weeks, in two newspapers of the county
  of which the project is to be located or if no  newspaper  is  published
  therein,  in  the  newspaper  nearest thereto. Proof of such publication
  shall be submitted to the board. The board shall not act on such project
  or projects until thirty days of the final publication of such findings.
  Provided, however, that the  commissioner  shall  promulgate  rules  and

  regulations for the implementation of this subdivision after approval by
  the  empire  zones designation board. Provided further, approval of such
  projects and related regulations requires  an  affirmative  vote  by  at
  least five voting members of such board.
    (a-3)  The  empire  zones  designation board shall approve the initial
  distinct and separate contiguous  areas  as  required  by  section  nine
  hundred  fifty-seven  of  this article. Provided, however, such approval
  shall be by unanimous vote.
    (b) The empire  zones  designation  board  shall  designate  from  the
  recommendations made by the commissioner:
    (i)  Within  eighteen months after the effective date of this article,
  not more than ten empire zones;
    (ii) In the period commencing eighteen months and ending  three  years
  after  the effective date of this article, not more than nine additional
  empire zones  until  a  maximum  of  nineteen  empire  zones  have  been
  established statewide;
    (iii)  In  the  period  commencing  three years and ending eight years
  after the  effective  date  of  this  article,  not  more  than  fifteen
  additional empire zones;
    (iv) In the period commencing five years and ending nine years and six
  months  after  the  effective  date  of  this article, not more than six
  additional empire zones;
    (v) In the period commencing nine  years  and  six  months  after  the
  effective  date  of this article, not more than twelve additional empire
  zones each which shall contain a defense or military  base  or  facility
  which has been designated for closure or realignment or a site currently
  or  formerly  owned or operated by either the (1) United States military
  or (2) a defense contractor whose  employment  in  New  York  state  was
  adversely affected by a reduction in military spending;
    (vi)  In the period commencing thirteen years after the effective date
  of this article, not more than fourteen  additional  empire  zones,  not
  less  than  three  of which shall be designated pursuant to the criteria
  set forth in subdivision (d) of section nine hundred fifty-eight of this
  article;
    (vii) In the period commencing fifteen years after the effective  date
  of  this  article,  not  more  than four additional empire zones, all of
  which shall  be  designated  pursuant  to  the  criteria  set  forth  in
  subdivisions  (a),  (b), (c) and (d) of section nine hundred fifty-eight
  of this article;
    (viii) In the period commencing fifteen years after the effective date
  of this article, not more than two additional empire zones, all of which
  shall be designated pursuant to the criteria set forth  in  subdivisions
  (a),  (b),  (c)  and  (d)  of  section  nine hundred fifty-eight of this
  article.
    (ix) In the period commencing nineteen years after the effective  date
  of  this  article,  not  more  than  three  additional  empire zones, as
  determined pursuant to a memorandum of understanding to be  executed  by
  the  governor,  the temporary president of the senate and the speaker of
  the assembly, each of which shall be designated from among the  counties
  identified  in  subdivision  (f)  of section nine hundred fifty-eight of
  this article.
    (x) In the period commencing twenty years after the effective date  of
  this  article,  not more than six additional empire zones, as determined
  pursuant to  a  memorandum  of  understanding  to  be  executed  by  the
  governor,  the  temporary president of the senate and the speaker of the
  assembly, all of which shall  be  designated  from  among  the  counties
  identified  in  subdivision  (f)  of section nine hundred fifty-eight of

  this article. Provided,  however,  said  designation  does  not  include
  counties designated pursuant to paragraph (ix) of this subdivision.
    (xi)  In  the  period  commencing twenty-one years after the effective
  date of this article, not more than three additional  empire  zones,  as
  determined  pursuant  to a memorandum of understanding to be executed by
  the governor, the temporary president of the senate and the  speaker  of
  the  assembly,  all of which shall be designated from among the counties
  identified in subdivision (f) of section  nine  hundred  fifty-eight  of
  this  article.  Provided,  however,  said  designation  does not include
  counties  designated  pursuant  to  paragraphs  (ix)  and  (x)  of  this
  subdivision.
    (xiii)  Within  six months after the effective date of this paragraph,
  the Oneida-Herkimer empire zone may be designated as  two  separate  two
  square  mile  empire  zones  as  designated  pursuant to a memorandum of
  understanding to be executed by the governor, the temporary president of
  the senate and the speaker of the assembly.
    (c) In reviewing applications for designation of an area as an  empire
  zone,  the  board  shall  consider  the  level  of  local  participation
  including, but not limited to, local tax incentives and the provision of
  local services.
    (d) Notwithstanding any other provision of this  article,  such  zones
  designated, shall be, as far as practicable, equally distributed between
  urban,  suburban  and rural areas. In addition, zone designation, as far
  as practicable, shall be based upon a priority system of economic need.
    (e) (i) The  department  of  audit  and  control,  the  department  of
  taxation  and  finance  and the department of economic development shall
  prepare reports on the management and the economic and fiscal impact  of
  empire  zones.  The  analysis  of  the fiscal and economic impact of the
  empire zones shall include, but not be limited to, a review of the  cost
  of  providing  the  tax  benefits  referred  to  in section nine hundred
  sixty-six of this article and the amount of real property tax increments
  segregated for infrastructure improvements as authorized by section nine
  hundred sixty-seven of this article. Such reports shall  be  transmitted
  to the governor and the legislature by September first, two thousand six
  and every year thereafter.
    (ii)  (1)  whether  quantifiable  benefits attributable to the program
  justify its direct costs to the state and participating localities;
    (2) whether the program has contributed to the economic revitalization
  of the zones by stimulating (A) the creation and retention of permanent,
  full-time, quality private sector jobs; (B) the creation,  location  and
  expansion  of  businesses  in  the zones; (C) capital and human resource
  investments by zone businesses and new  business  development;  and  (D)
  public  and  private  investments  in  zone  businesses and economic and
  community development activities important for economic revitalization;
    (3)  whether  the  program  has  created   employment   and   business
  development  opportunities  for  residents of the zones and job training
  opportunities for residents and employees of zone businesses;
    (4) whether the program has (A) resulted in  new  and  improved  local
  administrative  capacity  within  the  zones  to  plan  for  and capture
  economic opportunities and deliver and  coordinate  economic,  community
  and  human  resource development services, and (B) increased commitments
  of local resources to zone revitalization, including  support  from  the
  business community;
    (5)  whether the program has stimulated assistance from state, federal
  and other economic, community and human  resource  development  programs
  relative  to  other  areas and improved the delivery and coordination of
  state services to the zones; and

    (6) whether the program is being managed and evaluated effectively  at
  state and local levels.