§ 22. Tax credit for remediated brownfields. (a) Definitions. As used\nin this section the following terms shall have the following meanings:\n (1) Certificate of completion. A "certificate of completion" issued by\nthe commissioner of environmental conservation pursuant to section\n27-1419 of the environmental conservation law.\n (2) Qualified site. For purposes of this section, a "qualified site"\nis a site with respect to which a certificate of completion has been\nissued by the commissioner of environmental conservation pursuant to\nsection 27-1419 of the environmental conservation law.\n (3) Developer. (i) A "developer" is a taxpayer under article nine,\nnine-A, twenty-two or thirty-three of this chapter who or which either\n(I) has been issued a certificate of completion with respect to a\nqualified site or (II) has purchased or in any other way has been\nconveyed all or any portion of a qualified site from a taxpayer or any\nother party who or which has been issued a certificate of completion\nwith respect to such site provided, such purchase or conveyance occurs\nwithin seven years of the effective date of the certificate of\ncompletion issued with respect to such qualified site. Provided further,\nthat the taxpayer who or which is purchasing all or any portion of a\nqualified site and the taxpayer or any other party who or which has been\nissued a certificate of completion with respect to such site may not be\nrelated persons, as such term is defined in subparagraph (C) of\nparagraph three of subsection (b) of section four hundred sixty-five of\nthe internal revenue code.\n (ii) Where the entity to whom a certificate of completion has been\nissued is a partnership, or where the entity which has purchased all or\nany portion of a qualified site from a taxpayer who or which has been\nissued a certificate of completion with respect to such site within the\napplicable time limit is a partnership, any partner in such partnership\nwho or which is taxable under article nine, nine-A, twenty-two or\nthirty-three of this chapter shall be a developer under this paragraph.\nWhere the entity to whom a certificate of completion has been issued is\na New York S corporation, or where the entity which has purchased all or\nany portion of a qualified site from a taxpayer who or which has been\nissued a certificate of completion with respect to such site within the\napplicable time limit is a New York S corporation, any shareholder in\nsuch New York S corporation shall be a developer under this paragraph.\n (4) Cessation of status. A taxpayer shall cease to be a developer on\nthe first day of the taxable year during which revocation of its\ncertificate of completion under section 27-1419 of the environmental\nconservation law is final and no longer subject to judicial review, and\nthe amount of any credit allowed by this section shall be added back in\nthe taxable year in which such determination is final and no longer\nsubject to judicial review.\n (5) Environmental zones (EN-Zones). An "environmental zone" shall mean\nan area designated as such by the commissioner of economic development.\nSuch areas so designated are areas which are census tracts and block\nnumbering areas which, as of the two thousand census, satisfy either of\nthe following criteria:\n (A) areas that have both:\n (i) a poverty rate of at least twenty percent for the year to which\nthe data relate;\n (ii) an unemployment rate of at least one and one-quarter times the\nstatewide unemployment rate for the year to which the data relate, or;\n (B) areas that have a poverty rate of at least two times the poverty\nrate for the county in which the areas are located for the year to which\nthe data relate, provided, however, that a qualified site shall only be\ndeemed to be located in an environmental zone under this subparagraph\n(B) if such site was the subject of a brownfield site cleanup agreement\npursuant to section 27-1409 of the environmental conservation
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