§ 960. Designation of empire zones. (a) The empire zones designation\nboard is hereby created. Such board shall consist of the commissioner of\ntaxation and finance, the director of the budget, the commissioner of\nlabor and two members to be appointed by the governor; one member to be\nappointed by the temporary president of the senate; one member to be\nappointed by the speaker of the assembly; and two non-voting members,\none of whom shall be appointed by the minority leader of the senate and\none of whom shall be appointed by the minority leader of the assembly.\nThe governor shall designate from among the voting members the chairman\nof the board. Each member of the board shall be entitled to designate a\nrepresentative to attend meetings of the board in his or her place, and\nto vote or otherwise act on his or her behalf in his or her absence.\nNotice of such designation shall be furnished in writing to the board by\nthe designating member. A representative shall serve at the pleasure of\nthe designating member. A representative shall not be authorized to\ndelegate any of his or her duties or functions to any other person.\n (a-1) The empire zones designation board may consider designating\nempire zone acreage for the following categories of regionally\nsignificant projects as set forth in section nine hundred fifty-seven of\nthis article: agri-business or high tech or biotech business making a\ncapital investment of ten million dollars and creating twenty or more\njobs; or a financial or insurance services or distribution center\ncreating three hundred or more jobs; or a clean energy research and\ndevelopment enterprise. Such consideration shall be upon application\nsubmitted by the commissioner. Such application shall be made after a\npublic hearing in accordance with section nine hundred sixty-nine of\nthis article and in accordance with findings which shall consider\nfactors including but not limited to: the creation and retention of a\nregionally significant number of skilled or otherwise quality jobs;\nsubstantial capital investment; or the export of a substantial amount of\ngoods or services beyond the immediate region; and further findings as\nto why such project cannot be accommodated within the distinct and\nseparate contiguous areas pursuant to section nine hundred fifty-seven\nof this article. Such findings shall be published once a week for four\nsuccessive weeks, in two newspapers of the county of which the project\nis to be located or if no newspaper is published therein, in the\nnewspaper nearest thereto. Proof of such publication shall be submitted\nto the board. The board shall not act on such project or projects until\nthirty days of the final publication of such findings.\n (a-2) The empire zones designation board may consider designating\nempire zone acreage for other regionally significant projects in\naccordance with section nine hundred fifty-seven of this article, upon\napplication submitted by the commissioner. Such application shall be\nmade after a public hearing in accordance with section nine hundred\nsixty-nine of this article and in accordance with findings which shall\nconsider factors including, but not limited to: the creation and\nretention of a regionally significant number of skilled or otherwise\nquality jobs; substantial capital investment; or the export of a\nsubstantial amount of goods or services beyond the immediate region; and\nfurther findings as to why such project cannot be accommodated within\nthe distinct and separate contiguous areas pursuant to section nine\nhundred fifty-seven of this article. Such findings shall be published\nonce a week for four successive weeks, in two newspapers of the county\nof which the project is to be located or if no newspaper is published\ntherein, in the newspaper nearest thereto. Proof of such publication\nshall be submitted to the board. The board shall not act on such project\nor projects until thirty days of the final publication of
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