* § 772. Grants, guaranteed loans and tax benefits. 1. Except as provided in subdivision three of this section and notwithstanding any other provision of law, a call center employer that appears on the list described in section seven hundred seventy-one of this article shall be ineligible for any direct or indirect state grants, state guaranteed loans, tax benefits or other financial governmental support for a period of five years from the date such list is published.

1. 2. Except as provided in subdivision three of this section and notwithstanding any other provision of law, a call center employer that appears on the list described in section seven hundred seventy-one of this article shall remit the unamortized value of any grant or guaranteed loans, or any tax benefits or other governmental support it has previously received in the past five years. The provisions of this subdivision shall apply to grants, loans, tax benefits and financial governmental assistance that is entered into on or after the effective date of this article. Nothing in this subdivision shall be deemed to prevent the call center employer from receiving any grant to provide training or other employment assistance to individuals who are selected as being in particular need of training or other employment assistance due to the transfer or relocation of the call center employer's facility or operating units.

2. 3. The commissioner, in consultation with the appropriate agency providing a loan or grant, may waive the requirement provided under subdivision two of this section if the call center employer demonstrates that such requirement would:

   1. (a) threaten state or national security;
   2. (b) result in substantial job loss in the state of New York; or
   3. (c) harm the environment. * NB Effective June 30, 2020