4-31-102 - Chapter definitions.

4-31-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (1)  “Agricultural development loan program” means the authority's program of providing loans to lenders or purchasing loans from lenders for the purpose of making funds available for the financing of agricultural enterprises;

     (2)  “Agricultural enterprise” means the acquisition, reconstruction or improvement of land or buildings or other improvements thereto, or any combination thereof, and any breeding stock and machinery or equipment necessary or suitable for use in farming, ranching, the production of agricultural commodities, including the products of agriculture and silviculture, or necessary and suitable for treating, processing, storing or transporting raw agricultural commodities;

     (3)  “Authority” means the Tennessee local development authority, a public agency and instrumentality of the state, created by this chapter, or if such authority shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the authority shall be given by law;

     (4)  “Bond” means any bond authorized and issued pursuant to this chapter;

     (5)  “Capital project” means the same as “public works project” as defined in § 9-21-105;

     (6)  “Department” means the department of environment and conservation, or, if the department shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the department shall be given by law;

     (7)  “Industrial development authority” means the Tennessee industrial development authority, or, if the industrial development authority shall be abolished, the board, body, commission or agency succeeding to the principal functions thereof or to which the powers and duties granted or imposed upon the industrial development authority shall be given by law;

     (8)  “Lender” means any federal or state chartered bank, federal land bank, production credit association, bank for cooperatives, federal or state chartered savings and loan association or building and loan association, insurance company, or mortgage loan company;

     (9)  “Loan insurer” or “loan guarantor” means an agency, department, administration or instrumentality, corporate or otherwise, of or in the department of housing and urban development, the farmers home administration of the department of agriculture or the veterans administration of the United States, any private mortgage insurance company or any other public or private agency that insures or guarantees loans;

     (10)  “Loan program agreement” means a contractual arrangement by and between a local government unit and the authority pursuant to and in accordance with part 4 of this chapter providing for loans to such local government units for the purpose of paying the cost of the construction of capital projects and a contractual arrangement by and between a local government unit and the state acting by and through the department, pursuant to and in accordance with title 68, chapter 211, part 4 [repealed], or title 68, ch. 221, parts 2 and 5 providing for loans to such local government unit for the purpose of paying the cost of the construction of sewage treatment works, waterworks, or energy recovery facilities and/or solid waste resource recovery facilities, as the case may be, which loans are made or are to be made from the proceeds of bonds or notes issued pursuant to this chapter;

     (11)  “Local government unit” means any county, metropolitan government, incorporated town or city, or special district of the state, water/wastewater authority or any energy authority created by an act of the general assembly;

     (12)  “Note” means any note authorized and issued pursuant to this chapter;

     (13)  “Pollution” means the placing of any noxious or deleterious substances, including noise, in any air or water or land of or adjacent to the state or affecting the physical, chemical or biological properties of any air or waters or land of or adjacent to the state in a manner and to an extent that renders or is likely to render such air or waters or land inimical or harmful to the public health, safety or welfare, or to animal, bird or aquatic life, or to the use of such air or waters or land for domestic, industrial, agricultural or recreational purposes;

     (14)  “Pollution control facilities” means any equipment, structure or facility or any land and any building, structure, facility or other improvement thereon, or any combination thereof, and all real and personal property deemed necessary therewith having to do with or the end purpose of which is the control, abatement or prevention of water, air, noise or general environmental pollution, including, but not limited to, any air pollution control facility, noise abatement facility, water management facility, waste water collecting system, waste water treatment works, or solid waste disposal facility;

     (15)  “Program loans” means loans or grants made to a local government unit by the state that are required to be repaid pursuant to a loan program agreement;

     (16)  “Small business concern” means an enterprise that constitutes a “small business concern” under federal law and the criteria used by the administrator of the small business administration of the United States as the same may be amended from time to time;

     (17)  “Small business financing agreement” means a lease, sublease or loan agreement entered into between a small business concern and the authority, the payments under which have been guaranteed by the small business administration of the United States or any other agency thereof;

     (18)  “State” means the state of Tennessee;

     (19)  “State loan programs” means the activities and policies undertaken by the state pursuant to the provisions of title 68, chapter 221, part 2 to provide assistance to local government units by making grants that are required to be repaid for the construction of sewage treatment works, or pursuant to the provisions of title 68, chapter 221, part 5, to provide assistance to local government units by making loans for the construction of waterworks, or pursuant to the provisions of title 68, chapter 211, part 4 [repealed], to provide assistance to local government units by making loans for the construction of energy recovery facilities or solid waste resource recovery facilities, or both, or pursuant to the provisions of part 4 of this chapter to provide assistance to local government units by making loans for the construction of correctional facilities; and

     (20)  “State-shared taxes” means taxes imposed and collected by the state pursuant to law and allocated by law to local government units, whether allocated for a particular purpose or for the general use of such local government units.

[Acts 1978, ch. 785, § 2; T.C.A., § 4-3102; Acts 1981, ch. 394, § 3; 1982, ch. 873, § 10; 1986, ch. 846, §§ 1-3; 1990, ch. 885, §§ 1, 2; 1992, ch. 693, § 1; 2009, ch. 409, § 1.]