§ 1801. Definitions. As used or referred to in this title, unless a\ndifferent meaning clearly appears from the context:\n 1. "Assisted project" shall mean any project in respect of which the\nauthority has granted a loan or guaranteed a loan.\n 2. "Authority" shall mean the New York job development authority\ncreated by subdivision one of section eighteen hundred two of this\ntitle.\n 3. "Banking organization" when used in this title shall mean (a) any\norganization defined by subdivision eleven of section two of the banking\nlaw, (b) any agency or branch of a foreign banking corporation licensed\nby the department of financial services under article five of the\nbanking law, (c) any national bank, federal savings and loan association\nand federal credit union, (d) any authorized insurer defined by\nparagraph ten of subsection (a) of section one hundred seven of the\ninsurance law and (e) any public or private pension or investment fund\nrequired to file a report with any state or federal regulatory or\nsupervisory body.\n 4. "Comptroller" shall mean the comptroller of the state.\n 5. "Eligible business facility" shall mean any type of business\nfacility to be used or occupied by any person in an enterprise deemed to\noffer a reasonable likelihood for promoting the creation or retention of\njob opportunities in the state, and includes, but is not limited to,\nindustrial or manufacturing plants, facilities for research and\ndevelopment purposes, facilities for conducting wholesale, receiving and\ndistributing operations, facilities for conducting office operations,\nwarehousing operations, or any other operation dealing in the exchange\nof goods, wares, services or other types of property of any type or\ndescription.\n 6. "Federal agency" shall mean the United States of America, and any\nofficer, department, board, commissioner, bureau, division, corporation,\nagency or instrumentality thereof.\n 7. "Industrial plant" shall include a manufacturing plant and a plant\nused in connection with extracting, smelting, recovering, developing,\npreparing, compounding, converting, assembling or producing in any\nmanner, minerals, raw materials, chemicals, compounds, alloys, fibers,\ncommodities and materials, products or substances of any kind or nature,\nand shall include facilities related thereto for storage, warehousing or\ndistribution, for research and development or for the discovery of new\nand the refinement of known substances, processes and products.\n 8. "Local development corporation" shall mean a non-profit corporation\nincorporated or reincorporated under the laws of this state, regardless\nof its particular name, which shall meet the additional requirements of\nsection eighteen hundred twenty-five of this title.\n 9. "Manufacturing plant" shall include a plant used in connection with\nmaking, creating, working, preparing, processing, milling,\nmanufacturing, finishing, fashioning, fabricating, or producing in any\nmanner, goods, wares, merchandise, metals, fabrics, materials, products\nor substances of any kind or nature.\n 10. "Municipality" shall mean any county, city, town or village in the\nstate.\n 11. a. "Loan" shall mean (i) a mortgage loan evidenced by a bond, note\nor other obligation of a local development corporation secured by a\nmortgage on a project, defined in subdivision fourteen (i) and (ii) of\nthis section, made by a local development corporation, a project\noccupant or other person, firm or corporation; (ii) a loan evidenced by\na bond, note or other obligation of a local development corporation, a\nproject occupant, or other person, firm or corporation secured by a loan\nagreement, contract or such other instrument deemed necessary or\nconvenient on a project defined in subdivision fourteen (iii) of this\nsection; (iii) a loan evidenced by a bond, note or other obligation of a\nlocal development corporation, a project occupant, or other person, firm\nor corporation secured by a security interest in machinery and equipment\nas provided in section eighteen hundred fourteen; and (iv) an employee\nownership assistance loan made pursuant to paragraph (v) of subdivision\nfourteen of this section.\n b. "Loan guarantee" shall mean the guaranteeing by the authority of a\nloan made by a banking organization on a project as defined in\nsubdivision fourteen of this section.\n 12. "Pollution control facilities" shall mean real or personal\nproperty having to do with, or the end purpose of which, is the control,\nabatement or prevention of land, sewer, water, air, thermal,\nradiational, noise or general environmental pollution resulting from the\noperation of an industrial, manufacturing or research plant.\n 13. "Plant" shall mean real property, the buildings, improvements and\nstructures thereon and the fixtures thereon other than machinery or\nequipment used by a project occupant in its operations.\n 14. "Project" shall mean (i) the construction of a new industrial or\nmanufacturing plant, a new research and development building or other\nnew eligible business facility, (ii) the acquisition, rehabilitation or\nimprovement of a former or existing industrial or manufacturing plant,\nof a former or existing building to be used for research and\ndevelopment, of a former or existing other eligible business facility,\n(iii) the construction, acquisition, rehabilitation or improvement of\npollution control facilities, (iv) the purchase of machinery and\nequipment, for which financial assistance from the authority is sought,\nor (v) assistance to employees under an employee ownership assistance\nloan agreement made pursuant to subtitle six of this title; provided,\nhowever, that any such plant, building, facility or machinery and\nequipment therefore shall not be primarily used in making retail sales\nof goods or services to customers who personally visit such facilities\nto obtain such goods or services, or used primarily as a hotel,\napartment house or other place of business which furnishes dwelling\nspace or accommodations to either residents or transients.\n 15. "Project cost" shall mean the aggregate costs incurred to finance\nthe construction, acquisition, rehabilitation, or improvement of a\nproject, and which are determined by the authority to be or to have been\nreasonably necessary therefor, including, without intending thereby to\nlimit the generality of such costs: the cost of acquiring real property\ntherefor; the cost of constructing or reconstructing buildings and\nimprovements thereon, including, to the extent such costs are not borne\nby the municipality or other taxing district within which the project is\nlocated, the cost of constructing means of access to and from such\nproject; the cost of constructing extensions to the project site of\nexisting utility systems if such costs are customarily borne by the\nconsumer; insurance premiums, financing charges, interest costs,\ncommitment fees and the like incurred prior to or during the period of\nconstruction, acquisition, rehabilitation or improvement; any fees or\ncharges imposed by the authority in respect of an application for a\nmortgage loan; the cost of preparing project specifications, maps,\nplans, surveys, estimates, applications and other documents, including\ncosts related to determination of the feasibility of the project in the\nplanning stages; and all such other costs, charges, fees, and expenses,\nincluding labor costs, overhead costs, the costs of materials and\nsupplies, and engineering, accounting and legal expenses, as may be\nreasonably incident to the construction, acquisition, rehabilitation or\nimprovement of the project; provided, however, that the term "project\ncost" except when used in subtitle III of this title shall not include\nthe cost of any machinery or equipment (other than fixtures) or personal\nproperty to be used by the project occupant in its operations or any\nexpenses related to the installation, replacement or rehabilitation\nthereof.\n 16. "Project occupant" shall mean the business enterprise which\nproposes to use a project after construction, acquisition,\nrehabilitation or improvement.\n 17. "Real property" shall mean lands, waters, rights in lands or\nwaters, structures, franchises and interests in land, including lands\nunder water and riparian rights, and any and all other things and rights\nusually included within the said term and includes also any and all\ninterests in such property less than full title, such as easements\npermanent or temporary, rights-of-way, uses, leases, licenses and all\nother incorporeal hereditaments in every estate, interest or right,\nlegal or equitable.\n 18. "State" shall mean the state of New York.\n 19. "State agency" shall mean any officer, department, board,\ncommission, bureau, division, public corporation, agency or\ninstrumentality of the state.\n