(b) An area shall be eligible for designation if it includes a United States census tract or tracts or block-numbering area or areas, or portions thereof, each full census tract or portion of a block- numbering area of which, according to the most recent census data available, has:

1. (1) a poverty rate of at least 20 percent for the year to which the data relate;
2. (2) an unemployment rate of at least 1.25 times the statewide unemployment rate for the year to which the data relate;
3. (3) a population of at least 2,000.

(d) Any county may apply for designation of an area within a municipality as an empire zone if:

1. (1) the average rate of unemployment in the county in the two most recent calendar years was at least 1.25 times the State average for those years;
2. (2) the rate of poverty in the county for individuals was 13 percent according to the most recent census data available; and

3. (3) the county does not contain a census tract or tracts, portion of a block-numbering area, or a city, town or village which, according to the most recent census data available, has:

   1. (i) a poverty rate of at least 20 percent for the year to which the data relate;
   2. (ii) an unemployment rate of at least 1.25 times the statewide unemployment rate for the year to which the data relate; and
   3. (iii) a population of at least 2,000.

(e) Each zone designated under subdivision (d) of this section must be wholly contained within up to six distinct and separate contiguous areas; or, in the case of a zone located in more than one county, up to 12 distinct and separate contiguous areas; provided, however, that empire zones designated prior to April 1, 2005 shall identify such distinct and separate contiguous areas, which shall equal up to their total allotted acreage at the time of designation, by January 1, 2006. A zone created pursuant to this subdivision shall apply to have up to three separate and distinct contiguous areas designated as investment zones under subdivisions (b) and (h) of this section; provided that:

1. (1) 75 percent of the acreage used to define the boundaries of a distinct and separate contiguous area as an investment zone must be in either an eligible or contiguous census tract; and
2. (2) if the applicant county already contains an applicant municipality with its own empire zone, and the eligible census tracts in the county are located exclusively within the boundaries of the applicant municipality, then the applicant county is not required to locate the investment zones within the boundaries of the applicant municipality.

(f) Notwithstanding the provisions of subdivision (b) or (d) of this section, any county may apply for designation of an area within a municipality as an empire zone provided that the following requirements are met:

1. (1) at the time of application, the unemployment rate of the metropolitan statistical area must exceed the national average of unemployment and the metropolitan statistical area must have experienced or is likely to experience within three years the lesser of a loss of 4,000 direct jobs or a dislocation of workers equal to one-half percent of the employed population of the metropolitan statistical area and at least 50 percent of the job loss or dislocation of workers must result from the action of a single employer, or 80 percent of such job loss or dislocation must occur in a single North American Industry Classification (two-digit code); or
2. (2) at the time of application, the unemployment rate of the metropolitan statistical area must be equal to or less than the national average of unemployment and the metropolitan statistical area must have experienced or is likely to experience within three years the lesser of a loss of 8,000 direct jobs or a dislocation of workers equal to one percent of the employed population of the metropolitan statistical area and at least 50 percent of the job loss or dislocation of workers must result from the action of a single employer, or 80 percent of such job loss or dislocation must occur in a single North American Industry Classification (two-digit code); or
3. (3) at the time of application, the unemployment rate of the labor market area must exceed the national average of unemployment and the labor market area must have experienced or is likely to experience within three years the lesser of a loss of 500 direct jobs or a dislocation of workers equal to two percent of the employed population of the labor market area; or
4. (4) at the time of application, the unemployment rate of the labor market area must be equal to or less than the national average of unemployment and the labor market area must have experienced or is likely to experience within three years the lesser of a loss of 1,000 direct jobs or a dislocation of workers equal to four percent of the employed population of the labor market area; or
5. (5) at the time of application, the municipality is declared a natural disaster area by the President of the United States; or

6. (6) at the time of application, the municipality contains: provided, however, that no more than one-third of the zones designated shall be based on applications filed pursuant to this paragraph.

   1. (i) a defense or military base or facility which has been designated for closure or realignment; or
   2. (ii) a State-operated hospital or facility listed in section 7.17 or 13.17 of the Mental Hygiene Law which has been designated by either the Commissioner of Mental Health or the Commissioner of Mental Retardation and Developmental Disabilities for contraction or discontinuance within two years from the date of the official announcement of the solicitation of applications for zone designation;

(g) Each zone designated under subdivision (f) of this section must be wholly contained within up to six distinct and separate contiguous areas; or, in the case of a zone located more than one county, up to 12 distinct and separate contiguous areas; provided, however, that empire zones designated prior to April 1, 2005 shall identify such distinct and separate contiguous areas, which shall equal up to their total allotted acreage at the time of designation, by January 1, 2006. A zone created pursuant to this subdivision shall apply to have up to three separate and distinct contiguous areas designated as investment zones under subdivisions (b) and (h) of this section; provided that:

1. (1) 75 percent of the acreage used to define the boundaries of a distinct and separate contiguous area as an investment zone must be in either an eligible or contiguous census tract; and
2. (2) if the applicant county already contains an applicant municipality with its own empire zone, and the eligible census tracts in the county are located exclusively within the boundaries of the applicant municipality, then the applicant county is not required to locate the investment zones within the boundaries of the applicant municipality.

(h) An area shall be eligible for designation if it includes a United States census tract or tracts or block numbering area or areas or portions thereof, each full census tract or portion of a block numbering area of which according to the most recent census data available has:

1. (1) at the time of application, an unemployment rate equal to or exceeding the unemployment rate of the State of New York;
2. (2) a rate of poverty for individuals of at least 20 percent;
3. (3) a number of households receiving public assistance of 14 percent or more;
4. (4) the municipality is considered a non-metropolitan area; and
5. (5) there is no other empire zone in the county in which designation is sought.

(l) Any zone designated pursuant to subdivisions (b), (d), (f) and (h) of this section may apply to the commissioner to add one additional distinct and separate contiguous area, upon demonstration that the distinct and separate contiguous areas created pursuant to subdivisions (c), (e), (g) and (i) of this section:

1. (1) lack sufficient existing infrastructure to accommodate business development and, there are other areas of the applicant municipality that can be characterized by pervasive poverty, high unemployment, and general economic distress, are in need of economic revitalization, and could benefit from designation as an empire zone; or
2. (2) such additional area is necessary for a project and constructing the project in the three or six proposed distinct and separate contiguous areas, as the case may be, would be inconsistent with open space conservation and wetland protection; or

3. (3) lack sufficient acreage for further economic development.

   Provided, however, such additional distinct and separate contiguous area shall not result in an empire zone that exceeds 1,280 acres.