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 banking department 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 thissection; (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  includethe 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.