New York Codes, Rules and Regulations › Title 5 - DEPARTMENT OF ECONOMIC DEVELOPMENT › Chapter XVI - Excelsior Linked Deposit Program › Part 160 - Administration, Application And Evaluation › Section 160.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Agricultural business
means a business that produces products
				defined in subdivision (2) of section
				301
				of the Agriculture and Markets Law.
(b)
Authorized depositor
means the Comptroller with respect to linked deposits made by the Comptroller
				and the Commissioner of Taxation and Finance with respect to linked deposits
				made by the Commissioner of Taxation and Finance.
(c)
Census
means the
				decennial census performed by the Bureau of the Census of the United States
				Department of Commerce.
(d)
Census bureau
means the Bureau of the Census of the United
				States Department of Commerce.
(e)
Certified business
means a business located in an empire zone
				created pursuant to article 18-B of the General Municipal Law and, at the time
				of application to the program, certified pursuant to such article as eligible
				for the benefits referred to in section 966 of such article.
(f)
Certified minority- or
				women-owned business
means any minority-or women- owned business
				enterprise, as defined in section
				310 of the
				Executive Law, and, at the time of application to the program, certified
				pursuant to section
				314 of the
				Executive Law.
(g)
Commissioner
means the Commissioner of Economic
				Development.
(h)
Comptroller
means the Comptroller of the State of New
				York.
(i)
Defense industry
				manufacturer
means a manufacturing firm as defined in subdivision (t)
				of this section, 25 percent or more of the gross revenues of which derive,
				either directly as a prime contractor or indirectly as a subcontractor of a
				prime contractor, from Department of Defense or other military
				contracts.
(j)
Department
means the Department of Economic
				Development.
(k)
Department
				of Defense
means the United States Department of Defense.
(l)
Empire zone
means an
				empire zone created pursuant to article 18-B of the General Municipal
				Law.
(m)
Eligible
				business
means:
(1) a manufacturing
				firm or agricultural business that has its principal place of business in New
				York State and that employs 500 or fewer employees within New York State on a
				full-time basis;
(2) a certified
				business with a facility located in an empire zone, which business has its
				principal place of business in New York State and which employs 100 or fewer
				employees within New York State on a full-time basis;
(3) any firm seeking financing through the
				program for an export project, which firm has its principal place of business
				in New York State and employs 100 or fewer employees within New York State on a
				full-time basis;
(4) any business
				located in a highly distressed area, as defined herein, which business is not a
				retail business, has its principal place of business in New York State, and
				employs 100 or fewer employees within New York State on a full-time basis;
				provided, however, that a retail business located in a highly distressed area
				may be considered an eligible business, if the commissioner determines that:
(i) the financing provided through the
				program will retain permanent, full-time jobs in the highly distressed area;
				or
(ii) the financing provided
				through the program will increase the overall number of retail jobs in the
				local retail market within which the business is located;
(5) any certified minority- or women-owned
				business that has its principal place of business in New York State and is
				seeking financing necessary to carry out a specific procurement contract with
				an agency or public authority or other entity of the New York State or Federal
				governments, provided that a minority- or women-owned business which does not
				seek financing necessary to carry out such a procurement contract shall not be
				precluded from qualifying as an eligible business for any other purpose
				enumerated herein;
(6) any service
				business that:
(i) is not dominant in its
				field within New York State during the preceding 10 years;
(ii) has its principal place of business in
				New York State and employs 100 or fewer employees within New York State on a
				full-time basis;
(iii) is seeking
				financing for a project that will result in the retention or creation of
				permanent, full-time, private-sector jobs within New York State;
(iv) does not sell a service rendered at a
				facility personally by an individual for another individual, directly, without
				the intervention of a third party, or professional services such as health,
				legal, accounting, engineering, or architectural services; and
(v) is independently owned and operated; for
				purposes of this paragraph,
independently owned and operated
means that the business is not a subsidiary or affiliate of another operating
				company and is not operated under a franchise or similar agreement; and
(7) a qualifying
				technology or innovation business which business employs 100 or fewer employees
				within the State on a full-time basis and engages in:
(i)
biotechnologies
, which
				shall be defined as technologies involving the scientific manipulation of
				living organisms, especially at the molecular and/or the submolecular genetic
				level, to produce products conducive to improving the lives and health of
				plants, animals, and humans; and the associated scientific research,
				pharmacological, mechanical, and computational applications and services
				connected with these improvements;
(ii) information and communication
				technologies, equipment, and systems that involve advanced computer software
				and hardware, visualization technologies, and human interface
				technologies;
(iii) advanced
				materials and processing technologies that involve the development,
				modification, or improvement of one or more materials or methods to produce
				devices and structures with improved performance characteristics or special
				functional attributes, or to activate, speed up, or otherwise alter chemical,
				biochemical, or medical processes;
(iv) electronic and photonic devices and
				components for use in producing electronic, optoelectronic, mechanical
				equipment and products of electronic distribution with interactive media
				content;
(v) energy efficiency,
				renewable energy and environmental technologies, products, devices, and
				services; or
(vi) small-scale
				systems integration and packaging.