6/17/15 N.Y. St. Reg. EDV-24-15-00002-P
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rulemaking to amend section 170.2(a) of Title 5 NYCRR.
Statutory authority:
L. 2004, ch. 60
Subject:
Empire State Film Production Tax Credit Program.
Purpose:
Correcting a passage relating to the process for submitting an application to the Program.
Text of proposed rule:
As used in this regulation, the following terms shall have the following meanings:
(a) “Authorized applicant” means a qualified film production company that is scheduled to begin principal and ongoing photography on a qualified film [prior to] after submitting a complete initial application to the department and intends to shoot a portion of principal and ongoing photography on a stage at a qualified film production facility on a set or sets.
Text of proposed rule and any required statements and analyses may be obtained from:
Thomas Regan, New York State Department of Economic Development, 625 Broadway, 8th Floor, Albany, NY 12207, (518) 292-5123, email:
Thomas.Regan@esd.ny.govData, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
45 days after publication of this notice.
Consensus Rule Making Determination
The proposed rule corrects a typographical error in the definition of “authorized applicant” stating that principal photography on a qualified film produced by an authorized applicant is to be scheduled to begin prior to the submission of an initial application by the authorized applicant. The amendment, clarifying that principal photography is to be scheduled to begin after the submission of an initial application by an authorized applicant, is technical in nature. Furthermore, the amendment reflects the existing practice of the New York State Department of Economic Development and renders the definition of “authorized applicant” consistent with the schedule for submitting an initial application described in section 170.4 of Title 5 of the New York Codes, Rules and Regulations. Accordingly, no person is likely to object to the proposed rule.
Job Impact Statement
The proposed rule makes a technical change to the definition of “authorized applicant” for the Empire State Film Production Tax Credit Program, providing that applicants must be scheduled to begin principal photography on a qualified film after submitting an initial application. This corrects an error requiring that such principal photography be scheduled prior to an applicant submitting an initial application to the program. Because it is evident from the technical nature of the rulemaking that it will have no impact on job and employment opportunities, no further affirmative steps were needed to ascertain that fact and none were taken. Accordingly, a job impact statement is not required and one has not been prepared.
