1840-A - Definitions.
§ 1840-a. 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 authorized by a resolution of the authority. 2. "Authority" shall mean the Long Island job development authority created by subdivision one of section eighteen hundred forty-b of this title. 3. "Board of supervisors" shall mean the board of supervisors of Nassau county. 4. "Commercial facility" shall mean only a facility consisting of a hotel, motel, shopping center, a facility for the sale of goods and/or services at retail or wholesale, an office building, an exhibition or trade center, an international, national, or regional business headquarters or administrative facility. 5. "Comptroller" shall mean the comptroller of the state. 6. "County legislature" shall mean the legislature of Suffolk county. 7. "Bi-county region" shall mean Nassau and Suffolk counties. 8. "Eligible business facility" shall mean a business facility to be used or occupied in the course of the conduct of an enterprise determined by the authority to offer a reasonable likelihood for promoting the creation or retention of job opportunities in the state, and shall mean only, industrial or manufacturing plants, facilities for research and development purposes, facilities for industrial pollution control purposes, facilities for commercial purposes, facilities for conducting receiving and distributing operations, and facilities for conducting warehousing operations. 9. "Federal agency" shall mean the United States of America, and any officer, department, board, commissioner, bureau, division, corporation, agency or instrumentality thereof. 10. "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. 11. "Industrial pollution control facility" shall mean real or personal property used or planned for use in the control, abatement, or prevention of land, sewer, water, air, thermal, radiational, noise or general pollution resulting from the operation of an industrial, manufacturing or research plant provided that such facility shall not include real or personal property which is of a character or nature then or formerly furnished by Nassau or Suffolk counties or any other taxing district within which the facility is located or serves. 12. "Loan" shall mean a loan evidenced by a bond, note or other obligation of the authority or of a local development corporation, which is secured by a mortgage, loan agreement, contract or such other instrument deemed necessary or convenient on a project. 13. "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 forty-q of this title. 14. "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.15. "Designated municipal agency" shall mean any officer, department, board, commission, bureau, division, public corporation, agency, or instrumentality of either or both Nassau and Suffolk counties designated by resolution to carry out specified functions in relation to the authority. 16. "Municipality" shall mean Nassau and Suffolk counties and any city, town, and village within such counties. 17. "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. 18. "Project" shall mean (i) the construction of a new eligible business facility, (ii) the acquisition, rehabilitation or improvement of a former or existing eligible business facility, or (iii) the purchase of machinery and equipment for an eligible business facility. 19. "Project cost" shall mean the aggregate costs incurred to finance 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 property; the cost of constructing means of access to and from such projects, provided that such construction is not of a character or nature then or formerly furnished by the municipality or any other taxing district within which the facility is located; the cost of constructing extensions to the project site of existing utility systems, provided that such costs are of a character or nature 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 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. 20. "Project occupant" shall mean the business enterprise which proposes to use a project after construction, acquisition, rehabilitation or improvement. 21. "Qualified applicant" shall mean any individual, firm or corporation the credit worthiness of which has been approved by a vote of the board of the authority. 22. "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. 23. "State agency" shall mean any officer, department, board, commission, bureau, division, public corporation, agency or instrumentality of the state.