§ 957 — Definitions

§ 957. Definitions. As used in this article, the following words and\nterms shall have the following meanings unless the context shall\nindicate another or different meaning or intent:\n (a) "Applicant" shall mean the county, city, town or village\nsubmitting an application in the manner authorized by local law for\ndesignation of an area as an empire zone.\n (b) "Commissioner" shall mean the commissioner of economic\ndevelopment.\n (c) "Minority-owned business enterprise" shall have the same meaning\nas provided in section three hundred ten of the executive law.\n (d) "Empire zone" shall mean an area within the state that has been\ndesignated as an empire zone pursuant to this article and:\n (i) all empire zones designated under paragraph (i) of subdivision (a)\nand subdivision (d) of section nine hundred fifty-eight of this article\nshall be referred to as "investment zones" and shall be wholly contained\nwithin up to three distinct and separate contiguous areas; provided,\nhowever, that empire zones designated prior to the enactment of this\nparagraph shall identify up to three distinct and separate contiguous\nareas, which shall equal up to their total allotted acreage at the time\nof designation by January first, two thousand six. Provided however, the\nexisting zone must include as much designated acreage into the distinct\nand separate contiguous areas as possible. Provided, however,\nnotwithstanding the provisions of paragraphs (i) and (ii) of subdivision\n(a) of section nine hundred fifty-eight and subdivision (d) of section\nnine hundred fifty-nine of this article a regionally significant project\nmay be located outside of the investment zone's distinct and separate\ncontiguous areas, provided such significant project is located within\nthe zone applicant's municipal boundaries. Provided further however, if\nthe investment zone is located in a county that does not have a\ndevelopment zone such significant project may be located within the\ncounty's boundaries. For the purpose of this article a "regionally\nsignificant project" shall mean: a manufacturer projecting the creation\nof fifty or more jobs; or an agri-business or high tech or biotech\nbusiness making a capital investment of ten million dollars and creating\ntwenty or more jobs; or a financial or insurance services or\ndistribution center creating three hundred or more jobs; or a clean\nenergy research and development enterprise shall be eligible as a\nregionally significant project as determined by the local zone\nadministrative board and commissioner. Other projects may be considered\nby the zone designation board;\n (ii) all empire zones designated under subdivisions (b) and (c) of\nsection nine hundred fifty-eight of this article shall be referred to as\n"development zones" and shall be wholly contained within up to six\ndistinct and separate contiguous areas. However, an empire zone located\nin more than one county at the time of designation shall be wholly\ncontained in up to twelve distinct and separate contiguous areas.\nProvided, however, that empire zones designated prior to the enactment\nof this paragraph shall identify up to six distinct and separate\ncontiguous areas, which shall equal up to their total allotted acreage\nat the time of designation, by January first, two thousand six or in the\ncase of an empire zone located in more than one county, at the time of\ndesignation shall identify twelve distinct and separate contiguous\nareas. Provided however, the existing zone must include as much\ndesignated acreage into the distinct and separate contiguous areas as\npossible. Provided, however, a regionally significant project may be\nlocated outside of the development zone's distinct and separate\ncontiguous areas. For the purpose of this article a "regionally\nsignificant project" shall mean: a manufacturer projecting the creation\nof fifty or more jobs; or an agri-business or high tech or biotech\nbusiness making a capital investment of ten million dollars and creating\ntwenty or more jobs; or a financial or insurance services or\ndistribution center creating three hundred or more jobs; or a clean\nenergy research and development enterprise shall be eligible as a\nregionally significant project as determined by the local zone\nadministrative board and the commissioner. Other projects may be\nconsidered by the zone designation board;\n (iii) provided, however, a zone may apply to add one additional\ndistinct and separate contiguous area, pursuant to paragraphs (i) and\n(ii) of this subdivision, to such zone upon the demonstration of need,\nprovided, however, such additional distinct and separate contiguous area\nshall not result in an empire zone that exceeds the maximum allotted\nacreage;\n (iv) a "development zone", pursuant to paragraph (ii) of this\nsubdivision, shall apply, pursuant to subdivisions (a) and (d) of\nsection nine hundred fifty-eight of this article, to have up to three\ndistinct and separate contiguous areas defined as "investment zones",\npursuant to this subdivision;\n (v) any certified businesses located outside of the empire zone's\ndistinct and separate contiguous areas, pursuant to this section, shall\nbe allowed the empire zone benefits until they are decertified; and\n (vi) the boundaries that comprise the distinct and separate contiguous\nareas in this subdivision must include at least the real property on one\nside of a public thoroughfare when such street is used as a boundary. No\nboundary shall be constructed as to connect one tax parcel to another\ntax parcel by using a thoroughfare's center line, sidewalk or other\nsimilar means of connecting a non-contiguous area to the zone's distinct\nand separate contiguous areas.\n (e) "Local empire zone administrative board" shall mean the entity\ndesignated by the applicant that is responsible for recommending\nbusiness enterprises for certification pursuant to paragraph (iii) of\nsubdivision (a) of section nine hundred fifty-nine of this article and\nfor monitoring, evaluating and coordinating all empire zone benefits on\nbehalf of the applicant. Such entity shall consist of at least six\nmembers, and shall be representative of local businesses, organized\nlabor, community organizations, financial institutions, local\neducational institutions and residents of the empire zone.\n (f) "Women-owned business enterprise" shall have the same meaning as\nprovided in section three hundred ten of the executive law.\n (g) "Locally owned business enterprise" shall mean (i) a business firm\nin which the total ownership interest held by individuals who are full\ntime bona fide residents of such zone is more than eighty percent, whose\nbusiness activities are conducted in a manner whereby at least fifty\npercent of the assets of such firm are located and utilized in such\nzone, and at least forty percent of such firm's employees are\nprincipally employed in such zone; or (ii) an agricultural cooperative\nestablished pursuant to section one hundred eleven of the cooperative\ncorporations law; provided however, for business firms located within\nzones designated in a city such individuals shall reside within a\ncommunity planning board or within traditional neighborhood boundaries\nand provided further however for business firms located within zones\noutside of a city such individuals may reside in the county in which the\nzone is designated.\n (h) "Chief executive" shall mean (i) a county executive or manager of\na county; (ii) in a county not having a county executive or manager, the\nchairperson or other presiding officer of the county legislative body;\n(iii) a mayor of a city or village, except where a city or village has a\nmanager, it shall mean such a manager; or (iv) a supervisor of a town,\nexcept where a town has a manager, it shall mean such manager.\n (i) "Minority group member" shall have the same meaning as provided in\nsection three hundred ten of the executive law.\n (j) "Targeted employee" shall mean a New York resident who receives\nempire zone wages pursuant to subdivision nineteen of section two\nhundred ten of the tax law and who is (i) an eligible individual under\nthe provision of the targeted jobs tax credit (section fifty-one of the\ninternal revenue code), (ii) eligible for benefits under the provisions\nof the job training partnership act (P.L. 97-300, as amended), (iii) a\nrecipient of public assistance benefits, or (iv) an individual whose\nincome is below the most recently established poverty rate promulgated\nby the United States department of commerce, or a member of a family\nwhose family income is below the most recently established poverty rate\npromulgated by the appropriate federal agency.\n An individual who satisfies the criteria set forth in clause (i), (ii)\nor (iv) of this subdivision at the time of initial employment in the job\nwith respect to which the credit is claimed, or who satisfies the\ncriterion set forth in clause (iii) of this subdivision at such time or\nat any time within the previous two years, shall be a targeted employee\nso long as such individual continues to receive empire zone wages.\n (k) "Single enterprise" means two or more related business enterprises\ncharacterized by an absence of arms length relationships found among\nenterprises that are not integrated. Factors to be considered, among\nother things, in determining the existence of a single enterprise are\ninterrelation of operations, common management, centralized control of\nlabor relations, common ownership and common financial control.\n (l) "Zone administrative entity" shall mean a community-based local\ndevelopment corporation or entity contracting with the local empire zone\nboard pursuant to paragraph (viii) of subdivision a of section nine\nhundred sixty-three of this article or the municipality in which the\nzone is located in those instances where the municipality actively\nparticipates in the local administration of the zone program.\n (m) "Human resource development" shall mean job preparation and\nplacement, skills training and education for zone residents and\nemployees of zone businesses, child and family care services and\nfacilities, and activities to improve the health benefits and other\nbenefits provided by zone businesses to their employees.\n (n) "Community development projects" shall mean projects sponsored by\nnot-for-profit organizations which have been approved by the zone board,\nwhich will advance the zone development plan. For purposes described in\nsubdivision twenty of section two hundred ten, subsection (l) of section\nsix hundred six, subsection (d) of section fourteen hundred fifty-six\nand subdivision (h) of section fifteen hundred eleven of the tax law,\nsuch projects shall be limited to child care programs serving zone\nresidents and businesses; community development projects in direct\nsupport of economic development and business revitalization activities,\nsuch as commercial revitalization projects; and business development\nactivities of local development corporations.\n (o) "Zone equivalent area" shall mean an area designated as such\npursuant to former subdivision (bb) of section nine hundred fifty-nine\nof this article.\n (p) "Cost benefit analysis" shall mean, for purposes of paragraph\n(iii) of subdivision (a) of section nine hundred fifty-nine of this\narticle, a method of determining whether to certify a business\nenterprise based on the business enterprise's projected job creation\nand/or investment in the zone versus the total amount of empire zone tax\nbenefits the business enterprise will potentially be allowed to use and\nhave refunded to it and shall be a ratio of at least 10:1 for\nmanufacturing enterprises and 20:1 for all other business enterprises,\nthe numerator of which is the sum of (i) the estimated value of all\nwages and benefits paid for the first three years of certification to\nall existing and projected employees of the business enterprise in the\nzone and (ii) the estimated value of capital investments for the first\nthree years of certification in the zone, and the denominator of which\nis the estimated amount of total empire zone tax benefits that may be\nused and may be refunded for the first three years of certification.\n (r) "Clean energy research and development enterprise" shall mean any\nelectric generating facility that used pulverized coal technology,\ncirculating fluidized bed technology or integrated gasification combined\ncycle technology and that is capable of capturing carbon dioxide for\nsequestration or capable of being retrofitted to capture carbon dioxide\nfor sequestration.\n (s) "Qualified investment project" shall mean a project (i) located\nwithin an empire zone, (ii) at which five hundred or more jobs will be\ncreated, provided such jobs are new to the state and are in addition to\nany other jobs previously created by the owner of such project in the\nstate, and (iii) which will consist of tangible personal property and\nother tangible property, including buildings and structural components\nof buildings, described in subparagraphs (i), (ii), (iii), (iv) and\nclause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision\nthree of section two hundred ten-B of the tax law, the basis of which\nfor federal income tax purposes will equal or exceed seven hundred fifty\nmillion dollars. Provided however, the owner of such project does not\nemploy more than two hundred persons in the state at the time such\nproject is commenced.\n (t) "Significant capital investment project" shall mean a project (i)\nlocated within an empire zone, (ii) which will be either a newly\nconstructed facility or a newly constructed addition to or expansion of\na qualified investment project, consisting of tangible personal property\nand other tangible property, including buildings and structural\ncomponents of buildings, described in subparagraphs (i), (ii), (iii),\n(iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of\nsubdivision three of section two hundred ten-B of the tax law, the basis\nof which for federal income tax purposes will equal or exceed seven\nhundred fifty million dollars, (iii) which is constructed after the\nbasis for federal income tax purposes of the property comprising such\nqualified investment project equals or exceeds seven hundred fifty\nmillion dollars, and (iv) at which five hundred or more jobs will be\ncreated, provided such jobs are new to the state and are in addition to\nany other jobs previously created by the owner of such project in the\nstate.\n