N.Y. Economic Development Law § 431: Definitions

§ 431. Definitions. For purposes of this article:

1. "State university campus" shall mean any of the colleges and

universities described in subdivision three of section three hundred

fifty-two of the education law.

2. "Community college" means a college established and operated

pursuant to the provisions of article one hundred twenty-six of the

education law, and providing two-year or four-year post secondary

programs in general and technical educational subjects and receiving

financial assistance from the state, other than a community college of

the city university of New York.

3. "City university campus" means a campus of the city university of

New York, as defined in subdivision two of section sixty-two hundred two

of the education law.

4. "Private college or university" means a not-for-profit two or four

year university or college given the power to confer associate,

baccalaureate or higher degrees in this state by the legislature or by

the regents under article five of the education law.

5. "Net new job" means a job created in a tax-free NY area that

satisfies all of the following criteria:

(a) is new to the state;

(b) has not been transferred from employment with another business

located in this state, through an acquisition, merger, consolidation or

other reorganization of businesses or the acquisition of assets of

another business, or except as provided in paragraph (d) of subdivision

six of this section has not been transferred from employment with a

related person in this state;

(c) is not filled by an individual employed within the state within

the immediately preceding sixty months by a related person;

(d) is either a full-time wage-paying job or equivalent to a full-time

wage-paying job requiring at least thirty-five hours per week; and

(e) is filled for more than six months.

6. "New business" means a business that satisfies all of the following

tests:

(a) the business must not be operating or located within the state at

the time it submits its application to participate in the START-UP NY

program;

(b) the business must not be moving existing jobs into the tax-free NY

area from another area in the state;

(c) the business is not substantially similar in operation and in

ownership to a business entity (or entities) taxable, or previously

taxable within the last five taxable years, under section one hundred

eighty-three or one hundred eighty-four, former section one hundred

eighty-five or former section one hundred eighty-six of the tax law,

article nine-A, thirty-two or thirty-three of the tax law, article

twenty-three of the tax law or which would have been subject to tax

under such article twenty-three (as such article was in effect on

January first, nineteen hundred eighty), or the income (or losses) of

which is (or was) includable under article twenty-two of the tax law;

and

(d) the business must not have caused individuals to transfer from

existing employment with a related person located in the state to

similar employment with the business, unless such business has received

approval for such transfers from the commissioner after demonstrating

that the related person has not eliminated those existing positions.

7. "Tax-free NY area" means the land or vacant space of a university

or college that meets the eligibility criteria specified in section four

hundred thirty-two of this article and that has been approved as a

tax-free NY area pursuant to the provisions in section four hundred

thirty-five of this article. It also means a strategic state asset that

has been approved by the START-UP NY approval board pursuant to the

provisions of subdivision four of section four hundred thirty-five of

this article.

8. "Related person" means a "related person" pursuant to subparagraph

(c) of paragraph three of subsection (b) of section four hundred

sixty-five of the internal revenue code.

9. "Strategic state asset" means land or a building or group of

buildings owned by the state of New York, that is: (a) closed; (b)

vacant; or (c) for which notice of closure has been given pursuant to

any statutory notice requirement or which is otherwise authorized to be

closed pursuant to any chapter of the laws of New York.

10. "START-UP NY approval board" or "board" means a board consisting

of three members, one each appointed by the governor, the speaker of the

assembly and the temporary president of the senate. Each member of the

START-UP NY approval board must have significant expertise and

experience in academic based economic development and may not have a

personal interest in any project that comes before the board.

11. "Underutilized property" means vacant or abandoned land or space

in an existing industrial park, manufacturing facility, a brownfield

site as defined in article twenty-seven of the environmental

conservation law, or a distressed or abandoned property, which shall be

determined by factors including poverty, identified by the county or the

town, village or city that contains such distressed or abandoned

property, as of the effective date of this article. A college or

university shall work with local municipalities or local economic

development entities to identify underutilized properties.

12. "Eligible land" means land eligible pursuant to section four

hundred thirty-two of this article for approval as a tax-free NY area.

13. "Sponsoring campus, university or college" means a university or

college that has received approval to sponsor a tax-free NY area

pursuant to section four hundred thirty-five of this article.

14. "Correctional facility" means, beginning July twenty-sixth, two

thousand fourteen, land or a building or group of buildings owned by the

state of New York on the premises of (a) Butler Correctional Facility;

(b) Chateaugay Correctional Facility; (c) Monterey Shock Incarceration

Correctional Facility; and (d) Mount McGregor Correctional Facility.

15. "START-UP NY airport facility" means vacant land or space owned by

the state of New York on the premises of Stewart Airport or Republic

Airport.