Shift of Operation - Relocation of a Business Into the Empire Zone
If a business is moving any part of its operations or jobs from a location in NYS that is not in an Empire Zone to a location in NYS that is within a designated Empire Zone area, a shift resolution is required from the municipality from which the business is moving.
Empire Zone to Empire Zone relocations do not require a shift resolution.
Section 959 (a) (iii) of the law allows for the certification of a business enterprise that has shifted its operation from an area within the State into an EZ. This "shift of operations" must, however, be approved by the municipality in which the company is currently located. The following outlines the procedures to comply with this requirement, and sample documents are provided.
- Where the shift is from an area within the zone's municipality* into the area designated as an EZ within the same municipality:
- the local governing body must approve, by resolution, the shift of operations
- Where the shift is from an area in a different municipality* into another municipality's EZ:
* Many zones encompass lands covering several municipalities. In a case where a business will shift from one of these municipalities into a zone in another municipality, the public hearing process outlined above applies. Note: The local governing bodies of the New York City metropolitan area and Broome County have enacted local laws which supersede this requirement and allows for intermunicipal moves into zones within their respective jurisdictions without a hearing process.
- a public hearing must be held in the municipality from which the company will be moving, and
- the local governing body of that municipality must approve, by resolution, the shift of operations
See the sample Resolution for a Shift Operation into an Empire Zone.
A public hearing:
- must be held by the local governing body from which the business is leaving:
- may be part of another public meeting, however, a specific discussion of the shift of operations must be conducted; and
- notification must be posted at least ten days prior to the hearing.
Documents pertaining to the Shift of Operations to be attached to the Application for EZ Certification:
- A transcript of the minutes of the public hearing (if applicable) which includes:
(1) a discussion of the shift of operations into the EZ which describes the extraordinary cicumstances that warrants the shift;
(2) testimony and comments given by the general public and local officials;
(3) the name and current address of the business, and the name of the zone to which it is moving.
- A resolution of the governing body of the municipality concluding that it is in favor of allowing the shift of this business to occur.
- A cover letter from the Empire Zone Coordinator describing the shift of operations and attesting that the proper procedures have been followed.
See the sample Notice of Public Hearing for a Shift of Operation into an Empire Zone.