§ 354. Application and approval process. 1. A business enterprise must\nsubmit a completed application as prescribed by the commissioner. An\napplication made by an entertainment company must be submitted by June\nfirst, two thousand fifteen, except for an application made by an\nentertainment company that is eligible to participate in the excelsior\njobs program based upon creating net new jobs pursuant to paragraph (a)\nof subdivision twelve of section three hundred fifty-two of this\narticle. An application may be recommended by entities, including but\nnot limited to, those created pursuant to subdivision (e) of section\nnine hundred fifty-seven of the general municipal law.\n 2. As part of such application, each business enterprise must:\n (a) Agree to allow the department of taxation and finance to share its\ntax information with the department. However, any information shared as\na result of this agreement shall not be available for disclosure or\ninspection under the state freedom of information law.\n (b) Agree to allow the department of labor to share its tax and\nemployer information with the department. However, any information\nshared as a result of this agreement shall not be available for\ndisclosure or inspection under the state freedom of information law.\n (c) Allow the department and its agents access to any and all books\nand records the department may require to monitor compliance.\n (d) Agree to be permanently disqualified for empire zone benefits at\nany location or locations that qualify for excelsior jobs program\nbenefits if admitted into the excelsior jobs program.\n (e) Provide the following information to the department upon request:\n (i) a plan outlining the schedule for meeting the job and investment\nrequirements as set forth in subdivisions three and four of section\nthree hundred fifty-three of this article. Such plan must include\ndetails on job titles and expected salaries;\n (ii) the prior three years of federal and state income or franchise\ntax returns, unemployment insurance quarterly returns, real property tax\nbills and audited financial statements;\n (iii) the amount and description of projected qualified investments\nfor which it plans to claim the excelsior investment tax credit;\n (iv) an estimate of the portion of any federal research and\ndevelopment tax credits, attributable to research and development\nactivities conducted in New York state, that it anticipates claiming for\nthe years it expects to claim the excelsior research and development\ncredit; and\n (v) the employer identification or social security numbers for all\nrelated persons to the applicant, including those of any members of a\nlimited liability company or partners in a partnership.\n (f) Provide a clear and detailed presentation of all related persons\nto the applicant to assure the department that jobs are not being\nshifted within the state.\n (g) Certify, under penalty of perjury, that it is in substantial\ncompliance with all environmental, worker protection, and local, state,\nand federal tax laws.\n 3. (a) After reviewing a business enterprise's completed application\nand determining that the business enterprise will meet the conditions\nset forth in subdivisions three and four of section three hundred\nfifty-three of this article, the department may admit the applicant into\nthe program and provide the applicant with a certificate of eligibility\nand a preliminary schedule of benefits by year based on the applicant's\nprojections as set forth in its application. This preliminary schedule\nof benefits delineates the maximum possible benefits an applicant may\nreceive.\n (b) Notwithstanding the requirements of this subdivision, an existing\nparticipant in the excelsior jobs program may be eligible for an\nenhanced investment tax credit on projects for child care services and\nthe excelsior child care services tax credit component, provided:\n (i) the participant is in compliance with the r
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