N.Y. Urban Development Corporation Act 174/68 § 3: Definitions

§ 3. Definitions. As used in this act, the following words and terms

shall have the following meanings unless the context shall indicate

another or different meaning or intent:

(1) "Bonds" and "notes". The bonds and notes respectively issued by

the corporation pursuant to this act.

(2) "Comptroller". The comptroller of the state.

(3) "Corporation". The corporate governmental agency created by

section four of this act.

(4) "Housing Company". A company organized pursuant to the provisions

of either article two, four, five or eleven of the private housing

finance law.

(5) "Local Development Corporation". A corporation incorporated or

reincorporated pursuant to the provisions of article fourteen of the

not-for-profit corporation law.

(6) PROJECT: A specific work or improvement including lands,

buildings, improvements, real and personal properties or any interest

therein, acquired, owned, constructed, reconstructed, rehabilitated or

improved by the corporation or any subsidiary thereof, whether or not

still owned or financed by the corporation or any subsidiary thereof,

including a residential project, an industrial project, a land use

improvement project, a civic project, an industrial effectiveness

project, a small and medium-sized business assistance project, a fruit

growing, fruit processing, or winery business project, or an economic

development project, all as defined herein, or any combination thereof,

which combination shall hereinafter be called and known as a

"multi-purpose project". The term "project" as used herein shall include

projects, or any portion of a project.

(a) "Residential project". A project or that portion of a

multi-purpose project designed and intended for the purpose of providing

housing accommodations for persons or families of low income and such

facilities as may be incidental or appurtenant thereto.

(b) "Industrial project". A project or that portion of a multi-purpose

project designed and intended for the purpose of providing facilities

for manufacturing, warehousing, research, business or other industrial

or commercial purposes, including but not limited to machinery and

equipment deemed necessary for the operation thereof (excluding raw

material, work in process or stock in trade).

(c) "Land Use Improvement project". A plan or undertaking for the

clearance, replanning, reconstruction and rehabilitation or a

combination of these and other methods, of a substandard and insanitary

area, and for recreational or other facilities incidental or appurtenant

thereto, pursuant to and in accordance with article eighteen of the

constitution and this act. The terms "clearance, replanning,

reconstruction and rehabilitation" shall include renewal, redevelopment,

conservation, restoration or improvement or any combination thereof as

well as the testing and reporting of methods and techniques for the

arrest, prevention and elimination of slums and blight.

(d) "Civic project". A project or that portion of a multi-purpose

project designed and intended for the purpose of providing facilities

for educational, cultural, recreational, community, municipal, public

service or other civic purposes.

(e) "Industrial effectiveness project". A project or that portion of a

multi-purpose project designed and intended for the purpose of (i)

improving the productivity and competitiveness of an industrial firm or

group of industrial firms through such means as, but not limited to, the

redesign of production facilities, the introduction of new production

processes and management systems, the expansion or diversification of

product lines, the development of new markets, and labor and management

cooperative efforts to enhance productivity; (ii) implementing a

corporate restructuring or turnaround plan for an industrial firm; (iii)

effecting the transfer of the ownership and control of a viable

industrial firm to its employees, managers or other investors resident

in the state; or (iv) enhancing the opportunity for an industrial firm

to create or retain jobs, thereby promoting fuller employment and

economic development in the state.

(f) "Small and medium-sized business assistance project". A project

designed and intended for the purpose of providing assistance to

industrial firms that employ five hundred or fewer employees within the

state on a full-time basis.

(g) Economic development project. The acquisition, construction,

reconstruction, rehabilitation, or improvement of a project financed

pursuant to the empire state economic development fund which will

achieve the purposes of facilitating the creation or retention of jobs

or increasing business activity within a municipality or region of the

state.

(h) "fruit growing, fruit processing, or winery business project". A

project or that portion of a multi-purpose project designed and intended

for the purpose of establishing, maintaining, or expanding fruit growing

acreage or operations, or for providing facilities for the production,

manufacture, processing, warehousing, research, or distribution and sale

of fresh fruits or the processing of such fruits into juices, wines, or

other food products. As specified in paragraph (b-1) of subdivision 6 of

section 16-l of this act, such project costs may include, but not be

limited to, the cost of buildings, machinery, equipment, New York raw

fruits, New York unprocessed or partially processed fruits, root stock,

other personal property, materials, working capital, or stock in trade

required to establish such project.

* (6) "Project". A specific work or improvement including lands,

buildings, improvements, real and personal properties or any interest

therein, acquired, owned, constructed, reconstructed, rehabilitated or

improved by the corporation or any subsidiary thereof, whether or not

still owned or financed by the corporation or any subsidiary thereof,

including a residential project, an industrial project, a land use

improvement project, a civic project, an industrial effectiveness

project, a small and medium-sized business assistance project, or an

infrastructure project, all as defined herein, or any combination

thereof, which combination shall hereinafter be called and known as a

"multi-purpose project". The term "project" as used herein shall include

projects, or any portion of a project.

(a) "Residential project". A project or that portion of a

multi-purpose project designed and intended for the purpose of providing

housing accommodations for persons or families of low income and such

facilities as may be incidental or appurtenant thereto.

(b) "Industrial project". A project or that portion of a multi-purpose

project designed and intended for the purpose of providing facilities

for manufacturing, warehousing, research, business or other industrial

or commercial purposes, including but not limited to machinery and

equipment deemed necessary for the operation thereof (excluding raw

material, work in process or stock in trade).

(c) "Land Use Improvement project". A plan or undertaking for the

clearance, replanning, reconstruction and rehabilitation or a

combination of these and other methods, of a substandard and insanitary

area, and for recreational or other facilities incidental or appurtenant

thereto, pursuant to and in accordance with article eighteen of the

constitution and this act. The terms "clearance, replanning,

reconstruction and rehabilitation" shall include renewal, redevelopment,

conservation, restoration or improvement or any combination thereof as

well as the testing and reporting of methods and techniques for the

arrest, prevention and elimination of slums and blight.

(d) "Civic project". A project or that portion of a multi-purpose

project designed and intended for the purpose of providing facilities

for educational, cultural, recreational, community, municipal, public

service or other civic purposes.

(e) "Industrial effectiveness project". A project or that portion of a

multi-purpose project designed and intended for the purpose of (i)

improving the productivity and competitiveness of an industrial firm or

a group of industrial firms through such means as, but not limited to,

the redesign of production facilities, the introduction of new

production processes and management systems, the expansion or

diversification of product lines, the development of new markets, and

labor and management cooperative efforts to enhance productivity; (ii)

implementing a corporate restructuring or turnaround plan for an

industrial firm; (iii) effecting the transfer of the ownership and

control of a viable industrial firm to its employees, managers or other

investors resident in the state; or (iv) enhancing the opportunity for

an industrial firm to create or retain jobs, thereby promoting fuller

employment and economic development in the state.

(f) "Small and medium-sized business assistance project". A project

designed and intended for the purpose of providing assistance to

industrial firms that employ five hundred or fewer employees within the

state on a full-time basis.

(g) "Infrastructure project". Capital improvements to publicly-owned

real property under the jobs for the new, New York bond act pursuant to

article fifteen of the economic development law involving site clearance

or preparation or the demolition, construction or reconstruction of

basic utilities, systems or facilities, which, while not used directly

for the production of goods or services, are required as the foundation

for or to promote, stimulate or support economic activity resulting in

the retention or creation of permanent private-sector jobs.

* NB Not implemented due to defeat of the Jobs for the new, New York

bond act in November, 1992

(7) "Project cost". The sum total of all costs incurred by the

corporation in carrying out all works and undertakings which the

corporation deems reasonable and necessary for the development of a

project. These shall include but are not necessarily limited to the

costs of all necessary studies, surveys, plans and specifications,

architectural, engineering or other special services, acquisition of

land and any buildings thereon, site preparation and development,

construction, reconstruction, rehabilitation, improvement and the

acquisition of such machinery and equipment as may be deemed necessary

in connection therewith (other than raw materials, work in process or

stock in trade); the necessary expenses incurred in connection with the

initial occupancy of the project; an allocable portion of the

administrative and operating expenses of the corporation; the cost of

financing the project, including interest on bonds and notes issued by

the corporation to finance the project from the date thereof to the date

when the corporation shall determine that the project be deemed

substantially occupied; and the cost of such other items, including any

indemnity and surety bonds and premiums on insurance, legal fees, fees

and expenses of trustees, depositories and paying agents for the bonds

and notes issued by the corporation; and relocation costs, all as the

corporation shall deem necessary.

(8) "Real property". Lands, structures, franchises and interests in

land, including lands under water and riparian rights, space rights and

air rights and any and all other things and rights usually included

within said term. Real property shall also mean and include any and all

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

incorporeal hereditaments and every estate, interest or right, legal or

equitable, including terms for years and liens thereon by way of

judgments, mortgages or otherwise, and also all claims for damages for

such real estate.

(9) "State". The state of New York.

(10) "State agency". Any officer, department, board, commission,

bureau, division, public corporation, agency or instrumentality of the

state.

(11) "Subsidiary". A corporation created in accordance with section

twelve of this act.

(12) "Substandard or insanitary area". The term "substandard or

insanitary area" shall mean and be interchangeable with a slum,

blighted, deteriorated or deteriorating area, or an area which has a

blighting influence on the surrounding area, whether residential,

non-residential, commercial, industrial, vacant or land in highways,

waterways, railway and subway tracks and yards, bridge and tunnel

approaches and entrances, or other similar facilities, over which air

rights and easements or other rights of user necessary for the use and

development of such air rights, to be developed as air rights sites for

the elimination of the blighting influence, or any combination thereof

and may include land, buildings or improvements, or air rights and

concomitant easements or other rights of user necessary for the use and

development of such air rights not in themselves substandard or

insanitary.

(13) "Municipality." Any county, city, town or village.

(14) "Local governing body". The board of supervisors, county

legislature, board of aldermen, common council, commission, or other

elective governing board or body now or hereafter vested by state

statute, charter or other law with jurisdiction to initiate and adopt

local law whether or not such local laws or ordinances require the

approval of the elective chief executive officer or other official or

body to become effective, and except that with respect to a city having

a population of one million or more the term "local governing body"

shall mean the board of estimate.

(15) "Public corporation". A municipal corporation, district

corporation, or public benefit corporation, as all such terms are

defined in section three of the general corporation law, or any agency

or instrumentality of the foregoing.

(16) "New community." A plan or undertaking for the development of

housing together with such civic, industrial and commercial facilities

and other ancillary facilities as the corporation may determine

necessary, including the implementation thereof through one or more

projects of the corporation and through such participation by private

enterprise as may be necessary or desirable to carry out the development

of such new community.

(17) "Eligible business". For purposes of section sixteen-a of this

act, a business that is resident in this state, and employs one hundred

or less persons on a full-time basis.

(18) "Regional corporation". For purposes of section sixteen-a of this

act, a not-for-profit or public benefit corporation or consortium of

such entities that has formed a not-for-profit corporation, that has

jurisdiction within at least two entire contiguous counties.

(19) "Minority business enterprise". A business enterprise which is at

least fifty-one percent owned, or in the case of a publicly-owned

business at least fifty-one percent of the common stock or other voting

interests of which is owned, by one or more minority persons and such

ownership interest is real, substantial and continuing. The minority

ownership must have and exercise the authority to independently control

the day-to-day business decisions of the entity. Minority persons shall

mean persons who are:

(a) Black;

(b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,

Central or South American descent of either Indian or Hispanic origin,

regardless of race;

(c) Asian and Pacific Islander persons having origins in the Far East,

Southeast Asia, the Indian sub-continent or the Pacific Islands; or

(d) American Indian or Alaskan Native persons having origins in any of

the original peoples of North America and maintaining identifiable

tribal affiliations through membership and participation or community

identification.

(20) "Women business enterprise". A business enterprise which is at

least fifty-one percent owned, or in the case of a publicly-owned

business at least fifty-one percent of the common stock or other voting

interests of which is owned, by United States citizens or permanent

resident noncitizens who are women, regardless of race or ethnicity, and

such ownership interest is real, substantial and continuing and such

women have and exercise the authority to independently control the day

to day business decisions of the enterprises.

(21) "Industrial firm". A manufacturing firm involved with extracting,

smelting, recovering, developing, preparing, compounding, converting,

assembling or producing in any manner minerals, raw 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.

(22) "Eligible reservist". A member of a reserve component of the

armed forces ordered to active duty during a period of military

conflict.

(23) "Owner, manager or key employee". A person who:

(a) has at least a twenty percent ownership interest in the small or

medium-sized business; or

(b) is a manager responsible for the day-to-day operations of such

small or medium-sized business concern; or

(c) is an employee of such small or medium-sized business concern with

a significant responsibility whose duties cannot be assumed by another

person without substantial impairment to the economic health of the

business, as determined by the corporation.

(24) "Period of military conflict". A period:

(a) of war declared by the Congress; or

(b) of national emergency declared by the Congress or by the

President; or

(c) in which a member of a reserve component of the armed forces is

ordered to active duty pursuant to section 673b of title 10 of the

United States Code.

(25) "Upstate Empire State Development Corporation" shall be defined

for purposes of sections sixteen-q and sixteen-s of this act, as a

subsidiary of the urban development corporation established under

section twelve of this act.

(26) "Upstate Chairman" shall be defined for purposes of sections

sixteen-q and sixteen-s of this act, as the chairman of the upstate

empire state development corporation, a subsidiary of the urban

development corporation established under section twelve of this act.

(27) "Downstate" shall be defined by the chairman subject to approval

by the board of directors of the urban development corporation.

(28) "Upstate" shall be defined by the chairman, in consultation with

the chairman of the upstate empire state development corporation,

subject to approval by the board of directors of the urban development

corporation.

(29) "Upstate Agricultural Economic Development Project." For purposes

of section sixteen-s of this act, a project or that portion of a

multi-purpose project shall be designed and intended for the purpose of

establishing, maintaining, or expanding agricultural acreage or

operations, or for providing facilities and/or markets for the

production, manufacturing, processing, warehousing, laboratory

diagnostics, research, or distribution and sale of crops, livestock and

livestock products as defined in subdivision 2 of section 301 of the

agriculture and markets law. Such project costs may include, but not be

limited to, the cost of land, buildings, machinery, equipment, processed

or partially processed agricultural commodities, root stock, livestock,

other personal property, materials, working capital, or stock in trade

required to establish such project.

(30) "Energy conservation and efficiency projects." A project or that

portion of a multi-purpose project designed and intended for the purpose

of reducing energy consumption and improving energy efficiency of

building envelopes, building systems or manufacturing or industrial

systems by retrofitting or modernizing manufacturing, industrial or

commercial facilities. Energy conservation and efficiency projects may

include, but not be limited to: (a) energy audits performed by an energy

auditor approved by the New York state energy research and development

authority as defined in section eighteen hundred fifty-one of the public

authorities law; (b) insulation of the building structure or systems

within the building; (c) windows or doors, caulking or weather

stripping, multi-glazed windows or doors, heat absorbing or heat

reflective glazed and coated window or door systems, additional glazing,

reductions in glass area or other window and door system modifications

that reduce energy consumption; (d) automated or computerized energy

control systems; (e) heating, ventilating or air conditioning system

modifications or replacements; (f) replacement or modification of

lighting fixtures to increase the energy efficiency of the lighting

system without increasing the overall illumination of a facility, unless

an increase in illumination is necessary to conform to the applicable

state or local building code or nationally accepted standards for the

lighting system after the proposed modifications are made; (g) energy

recovery systems; (h) solar energy generating or heating and cooling

systems or other renewable energy systems; (i) cogeneration or combined

heat and power systems that produce steam, chilled water or forms of

energy such as heat, as well as electricity, for use primarily within a

building or complex of buildings; (j) energy conservation measures that

provide long-term operating cost reductions; and (k) maintenance and

operation of mechanical systems that provide long-term operating cost

reductions.