§ 431 — Definitions

§ 431. Definitions. For purposes of this article:\n 1. "State university campus" shall mean any of the colleges and\nuniversities described in subdivision three of section three hundred\nfifty-two of the education law.\n 2. "Community college" means a college established and operated\npursuant to the provisions of article one hundred twenty-six of the\neducation law, and providing two-year or four-year post secondary\nprograms in general and technical educational subjects and receiving\nfinancial assistance from the state, other than a community college of\nthe city university of New York.\n 3. "City university campus" means a campus of the city university of\nNew York, as defined in subdivision two of section sixty-two hundred two\nof the education law.\n 4. "Private college or university" means a not-for-profit two or four\nyear university or college given the power to confer associate,\nbaccalaureate or higher degrees in this state by the legislature or by\nthe regents under article five of the education law.\n 5. "Net new job" means a job created in a tax-free NY area that\nsatisfies all of the following criteria:\n (a) is new to the state;\n (b) has not been transferred from employment with another business\nlocated in this state, through an acquisition, merger, consolidation or\nother reorganization of businesses or the acquisition of assets of\nanother business, or except as provided in paragraph (d) of subdivision\nsix of this section has not been transferred from employment with a\nrelated person in this state;\n (c) is not filled by an individual employed within the state within\nthe immediately preceding sixty months by a related person;\n (d) is either a full-time wage-paying job or equivalent to a full-time\nwage-paying job requiring at least thirty-five hours per week; and\n (e) is filled for more than six months.\n 6. "New business" means a business that satisfies all of the following\ntests:\n (a) the business must not be operating or located within the state at\nthe time it submits its application to participate in the START-UP NY\nprogram;\n (b) the business must not be moving existing jobs into the tax-free NY\narea from another area in the state;\n (c) the business is not substantially similar in operation and in\nownership to a business entity (or entities) taxable, or previously\ntaxable within the last five taxable years, under section one hundred\neighty-three or one hundred eighty-four, former section one hundred\neighty-five or former section one hundred eighty-six of the tax law,\narticle nine-A, thirty-two or thirty-three of the tax law, article\ntwenty-three of the tax law or which would have been subject to tax\nunder such article twenty-three (as such article was in effect on\nJanuary first, nineteen hundred eighty), or the income (or losses) of\nwhich is (or was) includable under article twenty-two of the tax law;\nand\n (d) the business must not have caused individuals to transfer from\nexisting employment with a related person located in the state to\nsimilar employment with the business, unless such business has received\napproval for such transfers from the commissioner after demonstrating\nthat the related person has not eliminated those existing positions.\n 7. "Tax-free NY area" means the land or vacant space of a university\nor college that meets the eligibility criteria specified in section four\nhundred thirty-two of this article and that has been approved as a\ntax-free NY area pursuant to the provisions in section four hundred\nthirty-five of this article. It also means a strategic state asset that\nhas been approved by the START-UP NY approval board pursuant to the\nprovisions of subdivision four of section four hundred thirty-five of\nthis article.\n 8. "Related person" means a "related person" pursuant to subparagraph\n(c) of paragraph three of subsection (b) of section four hundred\nsixty-five of the internal revenue code.\n 9. "Strategic state asset" means land or a building or group of\nbuildings owned by the state of New York, that is: (a) closed; (b)\nvacant; or (c) for which notice of closure has been given pursuant to\nany statutory notice requirement or which is otherwise authorized to be\nclosed pursuant to any chapter of the laws of New York.\n 10. "START-UP NY approval board" or "board" means a board consisting\nof three members, one each appointed by the governor, the speaker of the\nassembly and the temporary president of the senate. Each member of the\nSTART-UP NY approval board must have significant expertise and\nexperience in academic based economic development and may not have a\npersonal interest in any project that comes before the board.\n 11. "Underutilized property" means vacant or abandoned land or space\nin an existing industrial park, manufacturing facility, a brownfield\nsite as defined in article twenty-seven of the environmental\nconservation law, or a distressed or abandoned property, which shall be\ndetermined by factors including poverty, identified by the county or the\ntown, village or city that contains such distressed or abandoned\nproperty, as of the effective date of this article. A college or\nuniversity shall work with local municipalities or local economic\ndevelopment entities to identify underutilized properties.\n 12. "Eligible land" means land eligible pursuant to section four\nhundred thirty-two of this article for approval as a tax-free NY area.\n 13. "Sponsoring campus, university or college" means a university or\ncollege that has received approval to sponsor a tax-free NY area\npursuant to section four hundred thirty-five of this article.\n 14. "Correctional facility" means, beginning July twenty-sixth, two\nthousand fourteen, land or a building or group of buildings owned by the\nstate of New York on the premises of (a) Butler Correctional Facility;\n(b) Chateaugay Correctional Facility; (c) Monterey Shock Incarceration\nCorrectional Facility; and (d) Mount McGregor Correctional Facility.\n 15. "START-UP NY airport facility" means vacant land or space owned by\nthe state of New York on the premises of Stewart Airport or Republic\nAirport.\n