New York Laws
Sub Title 1 - Subtitle I General Provisions
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.