§ 489-EEEEEE — Reporting requirement

§ 489-eeeeee. Reporting requirement. 1. Continuing use. For the\nduration of the benefit period, the recipient of benefits shall file\nbiennially with the department, on or before the appropriate taxable\nstatus date, a statement of the continuing use of such property and any\nchanges in use that have occurred, provided, however, that any recipient\nof benefits receiving benefits for property defined as a peaking unit\nshall file such statement biannually. Such filings shall include a\nstatement that the recipient has not been found by a competent\nauthority, agency or court to have violated state, city, or municipal\nbusiness regulations or ordinances related to payment of taxes, payment\nof wages, or fraudulent representation to governmental entities. This\nstatement shall be in a form determined by the department and may be in\nany format the department determines, in its discretion, is appropriate,\nincluding electronic format. The department shall have authority to\nterminate such benefits upon failure of a recipient to file such\nstatement by the appropriate taxable status date. The burden of proof\nshall be on the recipient to establish continuing eligibility for\nbenefits and the department shall have the authority to require that\nstatements filed under this subdivision be certified.\n 2. Conversion of construction. A recipient shall file an amendment to\nthe latest statement of continuing use prior to:\n (a) converting square footage within property that is the subject of\nbenefits for industrial construction work from use for the manufacturing\nactivities described in such statement of continuing use where such\nconversion would result in less than sixty-five percent of total net\nsquare footage being used or held out for use for manufacturing\nactivities; or\n (b) converting any portion of property that is the subject of benefits\nfor industrial construction work for use for any restricted activity or\nas residential property.\n (c) For all other use conversions, applicants shall immediately notify\nthe department of a change in use, in a manner that the department may\ndetermine.\n 3. Minimum required expenditure. No later than sixty days after the\nminimum required expenditure must be made under subdivision one of\nsection four hundred eighty-nine-cccccc of this title, the applicant\nshall submit to the department a certified statement that the applicant\nhas made the minimum required expenditure as required by this title.\n 4. Business operation data. A recipient shall biennially file a report\nwith the department, on or before the appropriate taxable status date,\nregarding certain business operation data relating to the recipient's\neconomic impact and outcomes for the duration of the benefit period,\nprovided, however, that any recipient of benefits for property defined\nas a peaking unit shall file such statement biannually. Such report\nshall contain information including, but not limited to, tenancy data,\ninformation regarding employment creation and job retention and any\nother information deemed relevant by the department.\n