2023 New York Laws › COM - Economic Development Law › Article 21 - Start-Up Ny Program › 431 - Definitions.

§ 431. Definitions. For purposes of this article:
1.  "State  university  campus"  shall  mean  any  of the colleges and
universities described in subdivision three  of  section  three  hundred
fifty-two of the education law.
2.  "Community  college"  means  a  college  established  and operated
pursuant to the provisions of article  one  hundred  twenty-six  of  the
education  law,  and  providing  two-year  or  four-year  post secondary
programs in general and technical  educational  subjects  and  receiving
financial  assistance  from the state, other than a community college of
the city university of New York.
3. "City university campus" means a campus of the city  university  of
New York, as defined in subdivision two of section sixty-two hundred two
of the education law.
4.  "Private college or university" means a not-for-profit two or four
year  university  or  college  given  the  power  to  confer  associate,
baccalaureate  or  higher degrees in this state by the legislature or by
the regents under article five of the education law.
5. "Net new job" means a job  created  in  a  tax-free  NY  area  that
satisfies all of the following criteria:
(a) is new to the state;
(b)  has  not  been  transferred from employment with another business
located in this state, through an acquisition, merger, consolidation  or
other  reorganization  of  businesses  or  the  acquisition of assets of
another business, or except as provided in paragraph (d) of  subdivision
six  of  this  section  has  not been transferred from employment with a
related person in this state;
(c) is not filled by an individual employed within  the  state  within
the immediately preceding sixty months by a related person;
(d) is either a full-time wage-paying job or equivalent to a full-time
wage-paying job requiring at least thirty-five hours per week; and
(e) is filled for more than six months.
6. "New business" means a business that satisfies all of the following
tests:
(a)  the business must not be operating or located within the state at
the time it submits its application to participate in  the  START-UP  NY
program;
(b) the business must not be moving existing jobs into the tax-free NY
area from another area in the state;
(c)  the  business  is  not  substantially similar in operation and in
ownership to a business entity  (or  entities)  taxable,  or  previously
taxable  within  the  last five taxable years, under section one hundred
eighty-three or one hundred  eighty-four,  former  section  one  hundred
eighty-five  or  former  section  one hundred eighty-six of the tax law,
article nine-A, thirty-two or  thirty-three  of  the  tax  law,  article
twenty-three  of  the  tax  law  or which would have been subject to tax
under such article twenty-three  (as  such  article  was  in  effect  on
January  first,  nineteen  hundred eighty), or the income (or losses) of
which is (or was) includable under article twenty-two of  the  tax  law;
and
(d)  the  business  must  not have caused individuals to transfer from
existing employment with a  related  person  located  in  the  state  to
similar  employment with the business, unless such business has received
approval for such transfers from the  commissioner  after  demonstrating
that the related person has not eliminated those existing positions.
7.  "Tax-free  NY area" means the land or vacant space of a university
or college that meets the eligibility criteria specified in section four
hundred thirty-two of this article and  that  has  been  approved  as  a
tax-free  NY  area  pursuant  to  the provisions in section four hundred

thirty-five of this article. It also means a strategic state asset  that
has  been  approved  by  the  START-UP NY approval board pursuant to the
provisions of subdivision four of section four  hundred  thirty-five  of
this article.
8.  "Related person" means a "related person" pursuant to subparagraph
(c) of paragraph  three  of  subsection  (b)  of  section  four  hundred
sixty-five of the internal revenue code.
9.  "Strategic  state  asset"  means  land  or  a building or group of
buildings owned by the state of New  York,  that  is:  (a)  closed;  (b)
vacant;  or  (c)  for which notice of closure has been given pursuant to
any statutory notice requirement or which is otherwise authorized to  be
closed pursuant to any chapter of the laws of New York.
10.  "START-UP  NY approval board" or "board" means a board consisting
of three members, one each appointed by the governor, the speaker of the
assembly and the temporary president of the senate. Each member  of  the
START-UP   NY   approval  board  must  have  significant  expertise  and
experience in academic based economic development and  may  not  have  a
personal interest in any project that comes before the board.
11.  "Underutilized  property" means vacant or abandoned land or space
in an existing industrial park,  manufacturing  facility,  a  brownfield
site   as   defined   in   article  twenty-seven  of  the  environmental
conservation law, or a distressed or abandoned property, which shall  be
determined by factors including poverty, identified by the county or the
town,  village  or  city  that  contains  such  distressed  or abandoned
property, as of the  effective  date  of  this  article.  A  college  or
university  shall  work  with  local  municipalities  or  local economic
development entities to identify underutilized properties.
12. "Eligible land" means  land  eligible  pursuant  to  section  four
hundred thirty-two of this article for approval as a tax-free NY area.
13.  "Sponsoring  campus, university or college" means a university or
college that has  received  approval  to  sponsor  a  tax-free  NY  area
pursuant to section four hundred thirty-five of this article.
14.  "Correctional  facility"  means, beginning July twenty-sixth, two
thousand fourteen, land or a building or group of buildings owned by the
state of New York on the premises of (a) Butler  Correctional  Facility;
(b)  Chateaugay  Correctional Facility; (c) Monterey Shock Incarceration
Correctional Facility; and (d) Mount McGregor Correctional Facility.
15. "START-UP NY airport facility" means vacant land or space owned by
the state of New York on the premises of  Stewart  Airport  or  Republic
Airport.