2023 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.