(a) A business entity may apply to the Department to enroll an eligible project in the Program if the eligible project:

(1) is in a Tier I area and the business entity intends:

(i) with respect to notice provided under this section to the Department before June 1, 2022, to create at least five qualified positions at the project location; or

(ii) with respect to notice provided under this section to the Department on or after June 1, 2022, to create at least 10 qualified positions at the project location; or

(2) is in a Tier II area and the business entity intends:

(i) with respect to notice provided under this section to the Department before June 1, 2022, to create at least 10 qualified positions at the project location; or

(ii) with respect to notice provided under this section to the Department on or after June 1, 2022, to create at least 20 qualified positions at the project location.

(b) (1) A new business entity may not be certified as a qualified business entity unless the new business entity:

(i) notifies the Department of its intent to seek designation of an eligible project before establishing its facility in the State; and

(ii) offers an ongoing job skills enhancement training program or postsecondary education program that is approved by the Department.

(2) The Department may certify a new business entity as a qualified business entity after the new business entity provides the required notice under paragraph (1)(i) of this subsection, applies to the Department under paragraph (3) of this subsection, and establishes and operates an eligible project.

(3) A new business entity shall submit to the Department an application containing at least the following information:

(i) the anticipated date of the establishment and initial operation of the facility and the nature of its operations;

(ii) the expected location of the facility;

(iii) the estimated number of qualified positions to be created and qualified employees to be hired and the anticipated payroll of the new qualified employees; and

(iv) any other information the Department requires.

(c) (1) An existing business entity may apply to be certified as a qualified business entity if the existing business entity increases the number of qualified positions as required under subsection (a) of this section for an eligible project in a Tier I area or a Tier II area.

(2) An existing business entity may not be certified as a qualified business entity unless the business entity:

(i) notifies the Department of its intent to seek designation of an eligible project prior to hiring any employees to fill the qualified positions necessary to meet the requirements of this subtitle; and

(ii) offers an ongoing job skills enhancement training program or postsecondary education program that is approved by the Department.

(3) An existing business entity shall submit an application to the Department containing at least the following information:

(i) the number of full-time employees existing before the expansion and the payroll of the existing employees;

(ii) the estimated number of qualified positions to be created and qualified employees to be hired and the anticipated payroll of the new qualified employees; and

(iii) any other information that the Department requires.

(d) A business entity must begin hiring the employees to fill the qualified positions necessary to meet the requirements of this subtitle within 12 months after it notifies the Department of its intent to seek designation of an eligible project.