§ 436. Businesses locating in tax-free NY areas. 1. A campus,\nuniversity or college that has sponsored a tax-free NY area (including\nany strategic state asset affiliated with the campus, university or\ncollege) shall solicit and accept applications from businesses to locate\nin such area that are consistent with the plan of such campus,\nuniversity or college or strategic state asset that has been approved\npursuant to section four hundred thirty-five of this article. Any\nbusiness that wants to locate in a tax-free NY area must submit an\napplication to the campus, university or college which is sponsoring the\ntax-free NY area by December thirty-first, two thousand twenty-five.\nPrior to such date, the commissioner shall prepare an evaluation on the\neffectiveness of the START-UP NY program and deliver it to the governor\nand the legislature to determine continued eligibility for application\nsubmissions.\n 2. (a) The sponsoring campus, university or college shall provide the\napplication and all supporting documentation of any business it decides\nto accept into its tax-free NY area to the commissioner for review. Such\napplication shall be in a form prescribed by the commissioner and shall\ncontain all information the commissioner determines is necessary to\nproperly evaluate the business's application, including, but not limited\nto, the name, address, and employer identification number of the\nbusiness; a description of the land or space the business will use, the\nterms of the lease agreement, if applicable, between the sponsoring\ncampus, university or college and the business, and whether or not the\nland or space being used by the business is being transferred or sublet\nto the business from some other business. The application must include a\ncertification by the business that it meets the eligibility criteria\nspecified in section four hundred thirty-three of this article and will\nalign with or further the academic mission of the sponsoring campus,\ncollege or university, and that the business's participation in the\nSTART-UP NY program will have positive community and economic benefits.\nThe application must also describe whether or not the business competes\nwith other businesses in the same community but outside the tax-free NY\narea. In addition, the application must include a description of how the\nbusiness plans to recruit employees from the local workforce.\n (b) The commissioner shall review such application and documentation\nwithin sixty days and may reject such application upon a determination\nthat the business does not meet the eligibility criteria in section four\nhundred thirty-three of this article, has submitted an incomplete\napplication, has failed to comply with subdivision three of this\nsection, or has failed to demonstrate that the business's participation\nin the START-UP NY program will have positive community and economic\nbenefits, which shall be evaluated based on factors including but not\nlimited to whether or not the business competes with other businesses in\nthe same community but outside the tax-free NY area as prohibited by\nsection four hundred forty of this article. If the commissioner rejects\nsuch application, it shall provide notice of such rejection to the\nsponsoring campus, university or college and business. If the\ncommissioner does not reject such application within sixty days, such\nbusiness is accepted to locate in such tax-free NY area, and the\napplication of such business shall constitute a contract between such\nbusiness and the sponsoring campus, university or college. The\nsponsoring campus, university or college must provide accepted\nbusinesses with documentation of their acceptances in such form as\nprescribed by the commissioner of taxation and finance which will be\nused to demonstrate such business's eligibility for the tax benefits\nspecified in section thirty-nine of the tax law.\n (c) If a state university campus proposes to enter into a lease wi
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