After receipt of an application, the board may, with the approval of the department, enter into an agreement with an eligible industry for a credit pursuant to sections 100.700 to 100.850 if the board determines that all of the following conditions exist: (1) The applicant's project will create new jobs that were not jobs previously performed by employees of the applicant in Missouri; (2) The applicant's project is economically sound and will benefit the people of Missouri by increasing opportunities for employment and strengthening the economy of Missouri; (3) Significant local incentives with respect to the project or eligible industry have been committed, which incentives may consist of: (a) Cash or in-kind incentives derived from any nonstate source, including incentives provided by the affected political subdivisions, private industry and/or local chambers of commerce or similar such organizations; and/or (b) Relief from local taxes, in either case as acceptable to the board; (4) Receiving the credit is a major factor in the applicant's decision to go forward with the project and not receiving the credit will result in the applicant not creating new jobs in Missouri; and (5) Awarding the credit will result in an overall positive fiscal impact to the state.
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