New York Consolidated Laws, Economic Development Law - COM § 423. Eligibility criteria

1. For the purposes of this article, in order to participate in the empire state jobs retention program on or after June first, two thousand twenty-five, a business entity must demonstrate substantial physical damage and economic harm at a location or locations within an area for which the governor has issued an emergency declaration and resulting from the event leading to the emergency declaration by the governor.  At the time of application, a business entity shall submit to the department a plan to retain, restore or increase staffing levels within one year from the date of application to at least the staffing levels that existed at the site the day prior to the date of the applicable declaration of the state of emergency.  Any recipient that does not adhere to its jobs retention plan, shall have its program award rescinded unless the recipient can demonstrate economic hardship to the commissioner, in which case any such program award may be reduced proportionally by the number of employees not restored or retained.

2. A business entity must be in compliance with all worker protection and environmental laws and regulations.  In addition, a business entity may not owe past due state taxes.  In addition, a business entity must not owe local property taxes for any year prior to the year in which it applies to participate in the empire state jobs retention program.