Qualification for benefits

(A) To qualify for the benefits provided in this chapter, a business must be located within this State and must: (1) be engaged primarily in a business of the type identified in Section 12-6-3360; (2) provide a benefits package, including health care, to full-time employees hired for the project; (3) enter into a revitalization agreement that is approved by the council and that describes a minimum job requirement and minimum capital investment requirement for the project as provided in Section 12-10-90; and (4) have negotiated incentives that the council has determined are appropriate for the project, and the council shall certify that: (a) the total benefits of the project exceed the costs to the public; and (b) the business otherwise fulfills the requirements of this chapter. (B) To qualify for benefits pursuant to Section 12-10-95, a business must: (1) be engaged in manufacturing or processing operations or technology-intensive activities at a manufacturing, processing, or technology-intensive facility as defined in Section 12-6-3360(M); (2) provide a benefits package, including health care, to employees being retrained; and (3) enter into a retraining agreement with the council.