NY Pub Auth L § 2302 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 15 - Auburn Industrial Development Authority 2302 - Definitions.

§  2302.  Definitions.  As used or referred to in this title, unless a different meaning clearly appears from the context:   1. The term "authority" shall mean the Auburn  Industrial  Development Authority,  the corporation created by section twenty-three hundred four of this title;   2. The term "board" shall mean the members of the authority;   3. The term "city" shall mean the city of Auburn;   4. The term "bonds" shall mean the bonds, notes, and other obligations issued by the authority pursuant to this title;   5. The term "project" shall mean any land in one or more areas of  the city and within or outside or partially within and partially outside the city and any building, structure, facility or other improvement thereon, including,  but  not limited to machinery and equipment and all real and personal properties deemed necessary in connection therewith, whether or not now in existence or under construction, which shall be necessary  or suitable  for  industrial, warehousing, research or commercial purposes, or for use by a federal agency or  a  medical  facility  and  which  may include  or  mean  an  industrial  pollution control facility or a civic facility, provided, however, the authority shall not  provide  financial assistance  in  respect  of  any project wholly or partially outside the city  provided,  however,  that  the  authority  may  provide  financial assistance for such a project where a portion of the project outside the city  is  contiguous to a portion of the project located within the city if the authority obtains the prior consent thereto by the governing body or bodies of all the other cities, towns or villages in which a part  or parts of the project is, or is to be, located.   6.   The   term   "project   occupant"   shall  mean  the  industrial, manufacturing or commercial enterprise,  medical  facility,  or  federal agency  which  proposes to use a project, as defined in subdivision five of this section, undertaken by the authority.   7. The term "revenues" shall mean any revenues, rents, fees  or  other charges derived by or on behalf of the authority from any project.   8. The term "state" shall mean the state of New York.   9.  The term "federal agency" shall mean and include the United States of  America  and  any  department   of   or   corporation,   agency   or instrumentality   heretofore   or   hereafter   created,  designated  or established by  the  United  States  of  America,  and  any  independent establishment  of  the  executive branch of the government of the United States of America, including the United States postal service.   10. The term  "medical  facility"  shall  mean  a  hospital  or  other facilities,  whether  or  not  operated  for profit, for the prevention, diagnosis or treatment  of  human  disease,  pain,  injury,  disability, deformity or physical condition.   11.  The  term  "industrial pollution control facility" shall mean any equipment, improvement, structure  or  facility  or  any  land  and  any building,  structure,  facility  or  other  improvement  thereon, or any combination thereof, and all real and personal property deemed necessary therewith, which are not of a  character  or  nature  then  or  formerly furnished  or supplied by the city, having to do with or the end purpose of which is the control, abatement or prevention of land, sewer,  water, air,   noise  or  general  environmental  pollution  deriving  from  the operation of industrial, manufacturing, warehousing, commercial, medical and research facilities and facilities for  use  by  a  federal  agency, including,  but not limited to any air pollution control facility, noise abatement facility, water management facility,  waste  water  collecting system,  waste  water  treatment  works,  sewage treatment works system, sewage treatment system or solid waste disposal facility or site.    12. The term "financial assistance" shall mean the proceeds  of  bonds issued  by  the  authority,  straight-leases or exemptions from taxation claimed by a project occupant as a result of the authority taking title, possession or control (by lease, license or otherwise) to  the  property or equipment of such project occupant or of such project occupant acting as an agent of the authority.   13.  The term "straight-lease transaction" shall mean a transaction in which the authority  takes  title,  possession  or  control  (by  lease, license  or  otherwise)  to  the  property  or  equipment  of  a lessee, entitling  such  property  or  equipment  to  be  exempt  from  taxation according  to  the provisions of section twenty-three hundred twenty-six of this title, and no financial assistance in the form of  the  proceeds of bonds issued by the authority is provided to the project occupant.   14.  The  term "affected tax jurisdiction" shall mean any municipality or school district, in which a project is located, which  will  fail  to receive  real  property  tax payments, or other tax payments which would otherwise be due, except for the tax  exempt  status  of  the  authority involved in a project.   15.  The  term "payments in lieu of taxes" shall mean any payment made to an agency, or affected tax jurisdiction equal to  the  amount,  or  a portion,  of  real property taxes, or other taxes, which would have been levied by or on behalf of an affected tax jurisdiction  if  the  project was not tax exempt by reason of authority involvement.   16.  "Highly  distressed  area"  means (a) a census tract or tracts or block numbering areas or areas or such census tract or  block  numbering area  contiguous thereto which, according to the most recent census data available, has:  (i) A poverty rate of at least twenty percent for the  year  to  which the  data  relates  or  at  least twenty percent of households receiving public assistance; and  (ii) An unemployment  rate  of  at  least  1.25  times  the  statewide unemployment rate for the year to which the data relates; or  (b) A city, town, village or county within a city with a population of one  million or more for which: (i) the ratio of the full value property wealth, as determined by the comptroller for the year  nineteen  hundred ninety, per resident to the statewide average full value property wealth per resident; and (ii) the ratio of the income per resident; as shown in the  nineteen  hundred ninety census to the statewide average income per resident; are each fifty-five percent or less of the statewide  average; or  (c)  An  area  which was designated an empire zone pursuant to article eighteen-B of the general municipal law.