N.Y. Public Authorities Law § 1801: Definitions

§ 1801. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Assisted project" shall mean any project in respect of which the

authority has granted a loan or guaranteed a loan.

2. "Authority" shall mean the New York job development authority

created by subdivision one of section eighteen hundred two of this

title.

3. "Banking organization" when used in this title shall mean (a) any

organization defined by subdivision eleven of section two of the banking

law, (b) any agency or branch of a foreign banking corporation licensed

by the department of financial services under article five of the

banking law, (c) any national bank, federal savings and loan association

and federal credit union, (d) any authorized insurer defined by

paragraph ten of subsection (a) of section one hundred seven of the

insurance law and (e) any public or private pension or investment fund

required to file a report with any state or federal regulatory or

supervisory body.

4. "Comptroller" shall mean the comptroller of the state.

5. "Eligible business facility" shall mean any type of business

facility to be used or occupied by any person in an enterprise deemed to

offer a reasonable likelihood for promoting the creation or retention of

job opportunities in the state, and includes, but is not limited to,

industrial or manufacturing plants, facilities for research and

development purposes, facilities for conducting wholesale, receiving and

distributing operations, facilities for conducting office operations,

warehousing operations, or any other operation dealing in the exchange

of goods, wares, services or other types of property of any type or

description.

6. "Federal agency" shall mean the United States of America, and any

officer, department, board, commissioner, bureau, division, corporation,

agency or instrumentality thereof.

7. "Industrial plant" shall include a manufacturing plant and a plant

used in connection with extracting, smelting, recovering, developing,

preparing, compounding, converting, assembling or producing in any

manner, minerals, raw materials, chemicals, compounds, alloys, fibers,

commodities and materials, products or substances of any kind or nature,

and shall include facilities related thereto for storage, warehousing or

distribution, for research and development or for the discovery of new

and the refinement of known substances, processes and products.

8. "Local development corporation" shall mean a non-profit corporation

incorporated or reincorporated under the laws of this state, regardless

of its particular name, which shall meet the additional requirements of

section eighteen hundred twenty-five of this title.

9. "Manufacturing plant" shall include a plant used in connection with

making, creating, working, preparing, processing, milling,

manufacturing, finishing, fashioning, fabricating, or producing in any

manner, goods, wares, merchandise, metals, fabrics, materials, products

or substances of any kind or nature.

10. "Municipality" shall mean any county, city, town or village in the

state.

11. a. "Loan" shall mean (i) a mortgage loan evidenced by a bond, note

or other obligation of a local development corporation secured by a

mortgage on a project, defined in subdivision fourteen (i) and (ii) of

this section, made by a local development corporation, a project

occupant or other person, firm or corporation; (ii) a loan evidenced by

a bond, note or other obligation of a local development corporation, a

project occupant, or other person, firm or corporation secured by a loan

agreement, contract or such other instrument deemed necessary or

convenient on a project defined in subdivision fourteen (iii) of this

section; (iii) a loan evidenced by a bond, note or other obligation of a

local development corporation, a project occupant, or other person, firm

or corporation secured by a security interest in machinery and equipment

as provided in section eighteen hundred fourteen; and (iv) an employee

ownership assistance loan made pursuant to paragraph (v) of subdivision

fourteen of this section.

b. "Loan guarantee" shall mean the guaranteeing by the authority of a

loan made by a banking organization on a project as defined in

subdivision fourteen of this section.

12. "Pollution control facilities" shall mean real or personal

property having to do with, or the end purpose of which, is the control,

abatement or prevention of land, sewer, water, air, thermal,

radiational, noise or general environmental pollution resulting from the

operation of an industrial, manufacturing or research plant.

13. "Plant" shall mean real property, the buildings, improvements and

structures thereon and the fixtures thereon other than machinery or

equipment used by a project occupant in its operations.

14. "Project" shall mean (i) the construction of a new industrial or

manufacturing plant, a new research and development building or other

new eligible business facility, (ii) the acquisition, rehabilitation or

improvement of a former or existing industrial or manufacturing plant,

of a former or existing building to be used for research and

development, of a former or existing other eligible business facility,

(iii) the construction, acquisition, rehabilitation or improvement of

pollution control facilities, (iv) the purchase of machinery and

equipment, for which financial assistance from the authority is sought,

or (v) assistance to employees under an employee ownership assistance

loan agreement made pursuant to subtitle six of this title; provided,

however, that any such plant, building, facility or machinery and

equipment therefore shall not be primarily used in making retail sales

of goods or services to customers who personally visit such facilities

to obtain such goods or services, or used primarily as a hotel,

apartment house or other place of business which furnishes dwelling

space or accommodations to either residents or transients.

15. "Project cost" shall mean the aggregate costs incurred to finance

the construction, acquisition, rehabilitation, or improvement of a

project, and which are determined by the authority to be or to have been

reasonably necessary therefor, including, without intending thereby to

limit the generality of such costs: the cost of acquiring real property

therefor; the cost of constructing or reconstructing buildings and

improvements thereon, including, to the extent such costs are not borne

by the municipality or other taxing district within which the project is

located, the cost of constructing means of access to and from such

project; the cost of constructing extensions to the project site of

existing utility systems if such costs are customarily borne by the

consumer; insurance premiums, financing charges, interest costs,

commitment fees and the like incurred prior to or during the period of

construction, acquisition, rehabilitation or improvement; any fees or

charges imposed by the authority in respect of an application for a

mortgage loan; the cost of preparing project specifications, maps,

plans, surveys, estimates, applications and other documents, including

costs related to determination of the feasibility of the project in the

planning stages; and all such other costs, charges, fees, and expenses,

including labor costs, overhead costs, the costs of materials and

supplies, and engineering, accounting and legal expenses, as may be

reasonably incident to the construction, acquisition, rehabilitation or

improvement of the project; provided, however, that the term "project

cost" except when used in subtitle III of this title shall not include

the cost of any machinery or equipment (other than fixtures) or personal

property to be used by the project occupant in its operations or any

expenses related to the installation, replacement or rehabilitation

thereof.

16. "Project occupant" shall mean the business enterprise which

proposes to use a project after construction, acquisition,

rehabilitation or improvement.

17. "Real property" shall mean lands, waters, rights in lands or

waters, structures, franchises and interests in land, including lands

under water and riparian rights, and any and all other things and rights

usually included within the said term and includes also any and all

interests in such property less than full title, such as easements

permanent or temporary, rights-of-way, uses, leases, licenses and all

other incorporeal hereditaments in every estate, interest or right,

legal or equitable.

18. "State" shall mean the state of New York.

19. "State agency" shall mean any officer, department, board,

commission, bureau, division, public corporation, agency or

instrumentality of the state.