§ 3 — Definitions

§ 3. Definitions. As used in this act, the following words and terms\nshall have the following meanings unless the context shall indicate\nanother or different meaning or intent:\n (1) "Bonds" and "notes". The bonds and notes respectively issued by\nthe corporation pursuant to this act.\n (2) "Comptroller". The comptroller of the state.\n (3) "Corporation". The corporate governmental agency created by\nsection four of this act.\n (4) "Housing Company". A company organized pursuant to the provisions\nof either article two, four, five or eleven of the private housing\nfinance law.\n (5) "Local Development Corporation". A corporation incorporated or\nreincorporated pursuant to the provisions of article fourteen of the\nnot-for-profit corporation law.\n (6) PROJECT: A specific work or improvement including lands,\nbuildings, improvements, real and personal properties or any interest\ntherein, acquired, owned, constructed, reconstructed, rehabilitated or\nimproved by the corporation or any subsidiary thereof, whether or not\nstill owned or financed by the corporation or any subsidiary thereof,\nincluding a residential project, an industrial project, a land use\nimprovement project, a civic project, an industrial effectiveness\nproject, a small and medium-sized business assistance project, a fruit\ngrowing, fruit processing, or winery business project, or an economic\ndevelopment project, all as defined herein, or any combination thereof,\nwhich combination shall hereinafter be called and known as a\n"multi-purpose project". The term "project" as used herein shall include\nprojects, or any portion of a project.\n (a) "Residential project". A project or that portion of a\nmulti-purpose project designed and intended for the purpose of providing\nhousing accommodations for persons or families of low income and such\nfacilities as may be incidental or appurtenant thereto.\n (b) "Industrial project". A project or that portion of a multi-purpose\nproject designed and intended for the purpose of providing facilities\nfor manufacturing, warehousing, research, business or other industrial\nor commercial purposes, including but not limited to machinery and\nequipment deemed necessary for the operation thereof (excluding raw\nmaterial, work in process or stock in trade).\n (c) "Land Use Improvement project". A plan or undertaking for the\nclearance, replanning, reconstruction and rehabilitation or a\ncombination of these and other methods, of a substandard and insanitary\narea, and for recreational or other facilities incidental or appurtenant\nthereto, pursuant to and in accordance with article eighteen of the\nconstitution and this act. The terms "clearance, replanning,\nreconstruction and rehabilitation" shall include renewal, redevelopment,\nconservation, restoration or improvement or any combination thereof as\nwell as the testing and reporting of methods and techniques for the\narrest, prevention and elimination of slums and blight.\n (d) "Civic project". A project or that portion of a multi-purpose\nproject designed and intended for the purpose of providing facilities\nfor educational, cultural, recreational, community, municipal, public\nservice or other civic purposes.\n (e) "Industrial effectiveness project". A project or that portion of a\nmulti-purpose project designed and intended for the purpose of (i)\nimproving the productivity and competitiveness of an industrial firm or\ngroup of industrial firms through such means as, but not limited to, the\nredesign of production facilities, the introduction of new production\nprocesses and management systems, the expansion or diversification of\nproduct lines, the development of new markets, and labor and management\ncooperative efforts to enhance productivity; (ii) implementing a\ncorporate restructuring or turnaround plan for an industrial firm; (iii)\neffecting the transfer of the ownership and control of a viable\nindustrial firm to its employees, managers or other investors resident\nin the state; or (iv) enhancing the opportunity for an industrial firm\nto create or retain jobs, thereby promoting fuller employment and\neconomic development in the state.\n (f) "Small and medium-sized business assistance project". A project\ndesigned and intended for the purpose of providing assistance to\nindustrial firms that employ five hundred or fewer employees within the\nstate on a full-time basis.\n (g) Economic development project. The acquisition, construction,\nreconstruction, rehabilitation, or improvement of a project financed\npursuant to the empire state economic development fund which will\nachieve the purposes of facilitating the creation or retention of jobs\nor increasing business activity within a municipality or region of the\nstate.\n (h) "fruit growing, fruit processing, or winery business project". A\nproject or that portion of a multi-purpose project designed and intended\nfor the purpose of establishing, maintaining, or expanding fruit growing\nacreage or operations, or for providing facilities for the production,\nmanufacture, processing, warehousing, research, or distribution and sale\nof fresh fruits or the processing of such fruits into juices, wines, or\nother food products. As specified in paragraph (b-1) of subdivision 6 of\nsection 16-l of this act, such project costs may include, but not be\nlimited to, the cost of buildings, machinery, equipment, New York raw\nfruits, New York unprocessed or partially processed fruits, root stock,\nother personal property, materials, working capital, or stock in trade\nrequired to establish such project.\n * (6) "Project". A specific work or improvement including lands,\nbuildings, improvements, real and personal properties or any interest\ntherein, acquired, owned, constructed, reconstructed, rehabilitated or\nimproved by the corporation or any subsidiary thereof, whether or not\nstill owned or financed by the corporation or any subsidiary thereof,\nincluding a residential project, an industrial project, a land use\nimprovement project, a civic project, an industrial effectiveness\nproject, a small and medium-sized business assistance project, or an\ninfrastructure project, all as defined herein, or any combination\nthereof, which combination shall hereinafter be called and known as a\n"multi-purpose project". The term "project" as used herein shall include\nprojects, or any portion of a project.\n (a) "Residential project". A project or that portion of a\nmulti-purpose project designed and intended for the purpose of providing\nhousing accommodations for persons or families of low income and such\nfacilities as may be incidental or appurtenant thereto.\n (b) "Industrial project". A project or that portion of a multi-purpose\nproject designed and intended for the purpose of providing facilities\nfor manufacturing, warehousing, research, business or other industrial\nor commercial purposes, including but not limited to machinery and\nequipment deemed necessary for the operation thereof (excluding raw\nmaterial, work in process or stock in trade).\n (c) "Land Use Improvement project". A plan or undertaking for the\nclearance, replanning, reconstruction and rehabilitation or a\ncombination of these and other methods, of a substandard and insanitary\narea, and for recreational or other facilities incidental or appurtenant\nthereto, pursuant to and in accordance with article eighteen of the\nconstitution and this act. The terms "clearance, replanning,\nreconstruction and rehabilitation" shall include renewal, redevelopment,\nconservation, restoration or improvement or any combination thereof as\nwell as the testing and reporting of methods and techniques for the\narrest, prevention and elimination of slums and blight.\n (d) "Civic project". A project or that portion of a multi-purpose\nproject designed and intended for the purpose of providing facilities\nfor educational, cultural, recreational, community, municipal, public\nservice or other civic purposes.\n (e) "Industrial effectiveness project". A project or that portion of a\nmulti-purpose project designed and intended for the purpose of (i)\nimproving the productivity and competitiveness of an industrial firm or\na group of industrial firms through such means as, but not limited to,\nthe redesign of production facilities, the introduction of new\nproduction processes and management systems, the expansion or\ndiversification of product lines, the development of new markets, and\nlabor and management cooperative efforts to enhance productivity; (ii)\nimplementing a corporate restructuring or turnaround plan for an\nindustrial firm; (iii) effecting the transfer of the ownership and\ncontrol of a viable industrial firm to its employees, managers or other\ninvestors resident in the state; or (iv) enhancing the opportunity for\nan industrial firm to create or retain jobs, thereby promoting fuller\nemployment and economic development in the state.\n (f) "Small and medium-sized business assistance project". A project\ndesigned and intended for the purpose of providing assistance to\nindustrial firms that employ five hundred or fewer employees within the\nstate on a full-time basis.\n (g) "Infrastructure project". Capital improvements to publicly-owned\nreal property under the jobs for the new, New York bond act pursuant to\narticle fifteen of the economic development law involving site clearance\nor preparation or the demolition, construction or reconstruction of\nbasic utilities, systems or facilities, which, while not used directly\nfor the production of goods or services, are required as the foundation\nfor or to promote, stimulate or support economic activity resulting in\nthe retention or creation of permanent private-sector jobs.\n * NB Not implemented due to defeat of the Jobs for the new, New York\nbond act in November, 1992\n (7) "Project cost". The sum total of all costs incurred by the\ncorporation in carrying out all works and undertakings which the\ncorporation deems reasonable and necessary for the development of a\nproject. These shall include but are not necessarily limited to the\ncosts of all necessary studies, surveys, plans and specifications,\narchitectural, engineering or other special services, acquisition of\nland and any buildings thereon, site preparation and development,\nconstruction, reconstruction, rehabilitation, improvement and the\nacquisition of such machinery and equipment as may be deemed necessary\nin connection therewith (other than raw materials, work in process or\nstock in trade); the necessary expenses incurred in connection with the\ninitial occupancy of the project; an allocable portion of the\nadministrative and operating expenses of the corporation; the cost of\nfinancing the project, including interest on bonds and notes issued by\nthe corporation to finance the project from the date thereof to the date\nwhen the corporation shall determine that the project be deemed\nsubstantially occupied; and the cost of such other items, including any\nindemnity and surety bonds and premiums on insurance, legal fees, fees\nand expenses of trustees, depositories and paying agents for the bonds\nand notes issued by the corporation; and relocation costs, all as the\ncorporation shall deem necessary.\n (8) "Real property". Lands, structures, franchises and interests in\nland, including lands under water and riparian rights, space rights and\nair rights and any and all other things and rights usually included\nwithin said term. Real property shall also mean and include any and all\ninterests in such property less than full title, such as easements,\nincorporeal hereditaments and every estate, interest or right, legal or\nequitable, including terms for years and liens thereon by way of\njudgments, mortgages or otherwise, and also all claims for damages for\nsuch real estate.\n (9) "State". The state of New York.\n (10) "State agency". Any officer, department, board, commission,\nbureau, division, public corporation, agency or instrumentality of the\nstate.\n (11) "Subsidiary". A corporation created in accordance with section\ntwelve of this act.\n (12) "Substandard or insanitary area". The term "substandard or\ninsanitary area" shall mean and be interchangeable with a slum,\nblighted, deteriorated or deteriorating area, or an area which has a\nblighting influence on the surrounding area, whether residential,\nnon-residential, commercial, industrial, vacant or land in highways,\nwaterways, railway and subway tracks and yards, bridge and tunnel\napproaches and entrances, or other similar facilities, over which air\nrights and easements or other rights of user necessary for the use and\ndevelopment of such air rights, to be developed as air rights sites for\nthe elimination of the blighting influence, or any combination thereof\nand may include land, buildings or improvements, or air rights and\nconcomitant easements or other rights of user necessary for the use and\ndevelopment of such air rights not in themselves substandard or\ninsanitary.\n (13) "Municipality." Any county, city, town or village.\n (14) "Local governing body". The board of supervisors, county\nlegislature, board of aldermen, common council, commission, or other\nelective governing board or body now or hereafter vested by state\nstatute, charter or other law with jurisdiction to initiate and adopt\nlocal law whether or not such local laws or ordinances require the\napproval of the elective chief executive officer or other official or\nbody to become effective, and except that with respect to a city having\na population of one million or more the term "local governing body"\nshall mean the board of estimate.\n (15) "Public corporation". A municipal corporation, district\ncorporation, or public benefit corporation, as all such terms are\ndefined in section three of the general corporation law, or any agency\nor instrumentality of the foregoing.\n (16) "New community." A plan or undertaking for the development of\nhousing together with such civic, industrial and commercial facilities\nand other ancillary facilities as the corporation may determine\nnecessary, including the implementation thereof through one or more\nprojects of the corporation and through such participation by private\nenterprise as may be necessary or desirable to carry out the development\nof such new community.\n (17) "Eligible business". For purposes of section sixteen-a of this\nact, a business that is resident in this state, and employs one hundred\nor less persons on a full-time basis.\n (18) "Regional corporation". For purposes of section sixteen-a of this\nact, a not-for-profit or public benefit corporation or consortium of\nsuch entities that has formed a not-for-profit corporation, that has\njurisdiction within at least two entire contiguous counties.\n (19) "Minority business enterprise". A business enterprise which is at\nleast fifty-one percent owned, or in the case of a publicly-owned\nbusiness at least fifty-one percent of the common stock or other voting\ninterests of which is owned, by one or more minority persons and such\nownership interest is real, substantial and continuing. The minority\nownership must have and exercise the authority to independently control\nthe day-to-day business decisions of the entity. Minority persons shall\nmean persons who are:\n (a) Black;\n (b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,\nCentral or South American descent of either Indian or Hispanic origin,\nregardless of race;\n (c) Asian and Pacific Islander persons having origins in the Far East,\nSoutheast Asia, the Indian sub-continent or the Pacific Islands; or\n (d) American Indian or Alaskan Native persons having origins in any of\nthe original peoples of North America and maintaining identifiable\ntribal affiliations through membership and participation or community\nidentification.\n (20) "Women business enterprise". A business enterprise which is at\nleast fifty-one percent owned, or in the case of a publicly-owned\nbusiness at least fifty-one percent of the common stock or other voting\ninterests of which is owned, by United States citizens or permanent\nresident noncitizens who are women, regardless of race or ethnicity, and\nsuch ownership interest is real, substantial and continuing and such\nwomen have and exercise the authority to independently control the day\nto day business decisions of the enterprises.\n (21) "Industrial firm". A manufacturing firm involved with extracting,\nsmelting, recovering, developing, preparing, compounding, converting,\nassembling or producing in any manner minerals, raw materials, products\nor substances of any kind or nature, and shall include facilities\nrelated thereto for storage, warehousing or distribution, for research\nand development or for the discovery of new, and the refinement of\nknown, substances, processes and products.\n (22) "Eligible reservist". A member of a reserve component of the\narmed forces ordered to active duty during a period of military\nconflict.\n (23) "Owner, manager or key employee". A person who:\n (a) has at least a twenty percent ownership interest in the small or\nmedium-sized business; or\n (b) is a manager responsible for the day-to-day operations of such\nsmall or medium-sized business concern; or\n (c) is an employee of such small or medium-sized business concern with\na significant responsibility whose duties cannot be assumed by another\nperson without substantial impairment to the economic health of the\nbusiness, as determined by the corporation.\n (24) "Period of military conflict". A period:\n (a) of war declared by the Congress; or\n (b) of national emergency declared by the Congress or by the\nPresident; or\n (c) in which a member of a reserve component of the armed forces is\nordered to active duty pursuant to section 673b of title 10 of the\nUnited States Code.\n (25) "Upstate Empire State Development Corporation" shall be defined\nfor purposes of sections sixteen-q and sixteen-s of this act, as a\nsubsidiary of the urban development corporation established under\nsection twelve of this act.\n (26) "Upstate Chairman" shall be defined for purposes of sections\nsixteen-q and sixteen-s of this act, as the chairman of the upstate\nempire state development corporation, a subsidiary of the urban\ndevelopment corporation established under section twelve of this act.\n (27) "Downstate" shall be defined by the chairman subject to approval\nby the board of directors of the urban development corporation.\n (28) "Upstate" shall be defined by the chairman, in consultation with\nthe chairman of the upstate empire state development corporation,\nsubject to approval by the board of directors of the urban development\ncorporation.\n (29) "Upstate Agricultural Economic Development Project." For purposes\nof section sixteen-s of this act, a project or that portion of a\nmulti-purpose project shall be designed and intended for the purpose of\nestablishing, maintaining, or expanding agricultural acreage or\noperations, or for providing facilities and/or markets for the\nproduction, manufacturing, processing, warehousing, laboratory\ndiagnostics, research, or distribution and sale of crops, livestock and\nlivestock products as defined in subdivision 2 of section 301 of the\nagriculture and markets law. Such project costs may include, but not be\nlimited to, the cost of land, buildings, machinery, equipment, processed\nor partially processed agricultural commodities, root stock, livestock,\nother personal property, materials, working capital, or stock in trade\nrequired to establish such project.\n (30) "Energy conservation and efficiency projects." A project or that\nportion of a multi-purpose project designed and intended for the purpose\nof reducing energy consumption and improving energy efficiency of\nbuilding envelopes, building systems or manufacturing or industrial\nsystems by retrofitting or modernizing manufacturing, industrial or\ncommercial facilities. Energy conservation and efficiency projects may\ninclude, but not be limited to: (a) energy audits performed by an energy\nauditor approved by the New York state energy research and development\nauthority as defined in section eighteen hundred fifty-one of the public\nauthorities law; (b) insulation of the building structure or systems\nwithin the building; (c) windows or doors, caulking or weather\nstripping, multi-glazed windows or doors, heat absorbing or heat\nreflective glazed and coated window or door systems, additional glazing,\nreductions in glass area or other window and door system modifications\nthat reduce energy consumption; (d) automated or computerized energy\ncontrol systems; (e) heating, ventilating or air conditioning system\nmodifications or replacements; (f) replacement or modification of\nlighting fixtures to increase the energy efficiency of the lighting\nsystem without increasing the overall illumination of a facility, unless\nan increase in illumination is necessary to conform to the applicable\nstate or local building code or nationally accepted standards for the\nlighting system after the proposed modifications are made; (g) energy\nrecovery systems; (h) solar energy generating or heating and cooling\nsystems or other renewable energy systems; (i) cogeneration or combined\nheat and power systems that produce steam, chilled water or forms of\nenergy such as heat, as well as electricity, for use primarily within a\nbuilding or complex of buildings; (j) energy conservation measures that\nprovide long-term operating cost reductions; and (k) maintenance and\noperation of mechanical systems that provide long-term operating cost\nreductions.\n