§ 489-AAAAAA — Definitions

§ 489-aaaaaa. Definitions. When used in this title:\n 1. "Commercial construction work" means the construction of a new\nbuilding or structure or the modernization, rehabilitation, expansion or\nimprovement of an existing building or structure for use as commercial\nproperty.\n 2. "Commercial exclusion area" means an area as defined in subdivision\nfour of section four hundred eighty-nine-gggggg of this title.\n 3. "Commercial property" means nonresidential property on which will\nexist after completion of commercial construction work a building or\nstructure, or portion thereof, used for the buying, selling or otherwise\nproviding of goods or services including hotel services, or for other\nlawful business, commercial or manufacturing activities; provided that\nproperty or portions of property dedicated to utility property shall not\nbe considered commercial property for purposes of this title.\n 4. "Commissioner" means the commissioner of finance of a city that has\nenacted a local law pursuant to this title.\n 5. "Completion of construction," or "completion," when relating to new\nconstruction, means the earlier of the date on which the department of\nbuildings of a city that has enacted a local law pursuant to this title\nissues a final certificate of occupancy, or when the department of\nfinance has otherwise determined that construction is complete.\n 6. "Department" means the department of finance of a city that has\nenacted a local law pursuant to this title.\n 7. "Industrial construction work" means the construction of a new\nbuilding or structure or the modernization, rehabilitation, expansion or\nimprovement of an existing building or structure for use as industrial\nproperty.\n 8. "Industrial property" means nonresidential property on which will\nexist after completion of industrial construction work a building or\nstructure, or portion thereof, with at least seventy-five percent of the\ntotal net square footage of the property used or immediately available\nand held out for manufacturing activities involving assembling goods or\nthe fabrication or processing of raw materials; provided that property\nor portions of property dedicated to utility property shall not be\nconsidered industrial property for purposes of this title.\n 9. "Manufacturing activity" means an activity involving the assembly\nof goods or the fabrication or processing of raw materials, but shall\nnot include: (a) such activity when conducted for the purpose of retail\nsale on the premises; or (b) utility services.\n 10. "Minimum required expenditure" means the amount that an applicant\nmust expend on construction work for a project in order to qualify for\nbenefits as provided in this title.\n 11. "Mixed-use property" means property on which exists, or will exist\nupon completion of construction work, a building or structure used for\nboth residential and nonresidential purposes.\n 12. "Renovation construction work" means the modernization,\nrehabilitation, expansion or improvement of an existing building or\nstructure where such modernization, rehabilitation, expansion or\nimprovement is physically and functionally integrated with the existing\nbuilding or structure, or portion thereof, does not increase the bulk of\nthe existing building or structure by more than thirty percent, and does\nnot increase the height of the existing building or structure by more\nthan thirty percent.\n 13. "Residential construction work" means any construction,\nmodernization, rehabilitation, expansion or improvement of dwelling\nunits other than dwelling units in a hotel.\n 14. "Restricted activity" means any entertainment activity that the\ndepartment has identified in rules promulgated pursuant to a local law\nenacted pursuant to this title as an activity which, in the public\ninterest, should not be encouraged through the benefits of this title.\n 15. "Retail purposes" means any activity that consists predominately\nof (a) the final sale of tangible personal property or services by a\nvendor as defined in section eleven hundred one of the tax law, (b) the\nsale of services that generally involve the physical, mental, and/or\nspiritual care of individuals or the physical care of the personal\nproperty of individuals, (c) retail banking services, or (d) the final\nsale of food and/or beverage by a vendor as defined in section eleven\nhundred one of the tax law, including the assembly, processing or\npackaging of goods, provided that sales of such tangible personal\nproperty or services are predominantly to purchasers who personally\nvisit the facilities at which such sales are made or such property and\nservices are provided. "Retail purposes" shall not include hotel uses as\ndescribed in subdivision four of section four hundred eighty-nine-cccccc\nof this title.\n 16. "Temporary commercial incentive area boundary commission" means a\ncommission as defined in section four hundred eighty-nine-gggggg of this\ntitle.\n 17. "Utility property" means property and equipment as described in\nparagraphs (c), (d), (e), (f) and (i) of subdivision twelve of section\none hundred two of this chapter that is used in the ordinary course of\nbusiness by its owner or any other entity or property as described in\nparagraphs (a) and (b) of subdivision twelve of section one hundred two\nof this chapter that is owned by any entity that uses in the ordinary\ncourse of business property and equipment as described in paragraphs\n(c), (d), (e), (f) and (i) of subdivision twelve of section one hundred\ntwo of this chapter, without regard to the classification of such\nproperty and equipment for real property tax purposes pursuant to\nsection eighteen hundred two of this chapter, except that any such\nproperty and equipment used solely to serve the building to which they\nare attached shall not be deemed utility property. Notwithstanding any\nprovision of this title to the contrary, peaking units shall not be\nconsidered utility property. For purposes of this title, "peaking unit"\nshall mean a generating unit that: (a) is determined by the New York\nindependent system operator or a federal or New York state energy\nregulatory commission to constitute a peaking unit as set forth in\nsection 5.14.1.2 of the New York independent system operator's market\nadministration and control area services tariff, as such term existed as\nof April first, two thousand eleven; or (b) has an annual average\noperation, during the calendar year preceding the taxable status date,\nof less than eighteen hours following each start of the unit; for\npurposes of calculating the annual average, operations during any period\ncovered by any major emergency declaration issued by the New York\nindependent system operator, northeast power coordinating council, or\nother similar entity shall be excluded. A "peaking unit" under this\ntitle shall include all real property used in connection with the\ngeneration of electricity, and any facilities used to interconnect the\npeaking unit with the electric transmission or distribution system, but\nshall not include any facilities that are part of the electric\ntransmission or distribution system; it may be comprised of a single\nturbine and generator or multiple turbines and generators located at the\nsame site. Notwithstanding any provision of this title to the contrary,\na peaking unit shall be considered industrial property, provided however\nthat the benefit period for a peaking unit shall be as set forth in\nparagraph (b-1) of subdivision three of section four hundred\neighty-nine-bbbbbb of this title.\n