§ 959-B — Clean energy enterprises

§ 959-b. Clean energy enterprises. (a) For purposes of this section,\n"clean energy enterprise" shall mean any business primarily engaged in\nresearch, development or manufacturing of renewable energy or energy\nefficiency technologies or products; provided, however, that an initial\nclean coal electric generating facility capable of capturing carbon\ndioxide for sequestration or capable of being retrofitted to capture\ncarbon dioxide for sequestration shall constitute an eligible business\nfor purposes of this section. A business is primarily engaged in\nresearch, development or manufacturing of renewable energy or energy\nefficiency technologies or products if eighty percent or more of its\nproperty in New York is utilized for such purposes.\n (b) The commissioner of economic development shall serve as the sole\ncertification officer for businesses seeking certification as a clean\nenergy enterprise. The commissioner of economic development, after\nconsultation with the executive director of the New York state energy\nresearch and development authority, shall promulgate regulations\ngoverning (i) criteria of eligibility for designation of a clean energy\nenterprise, (ii) the application process, and (iii) the certification by\nthe commissioner of economic development as to the eligibility of\nbusiness enterprises for benefits referred to in section nine hundred\nsixty-six of this article. A business so certified shall be deemed to be\neligible for such benefits as if such business were located in an\ninvestment zone as defined in paragraph (i) of subdivision (d) of\nsection nine hundred fifty-seven of this article. No such certification\nshall be made after June thirtieth, two thousand ten.\n (c) Such enterprise shall be exempt from the requirements of paragraph\n(iii) of subdivision (a) of section nine hundred fifty-eight, sections\nnine hundred sixty-one, nine hundred sixty-two and nine hundred\nsixty-three of this article.\n