NY Pub Auth L § 1801 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 8 - New York Job Development Authority Subtitle I General Provisions 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.