2006 New York Code - Definitions.

 
    §  854. Definitions. As used in this act, unless the context otherwise
  requires:
    (1) "Agency" - shall mean an  Industrial  Development  Agency  created
  pursuant to this act.
    (2)  "Bonds"  -  shall mean the bonds, notes, interim certificates and
  other obligations issued by the agency pursuant to this act.
    (3) "Municipality" - shall mean any county,  city,  village,  town  or
  Indian reservation in the state.
    * (4)  "Project"  -  shall  mean  any  land,  any  building  or  other
  improvement, and all real and personal  properties  located  within  the
  state  of  New York and within or partially within and partially outside
  the municipality for whose benefit the agency  was  created,  including,
  but  not  limited  to,  machinery, equipment and other facilities deemed
  necessary or desirable in connection therewith, or  incidental  thereto,
  whether  or  not  now in existence or under construction, which shall be
  suitable for manufacturing, warehousing, research, civic, commercial  or
  industrial  purposes or other economically sound purposes identified and
  called  for  to  implement  a  state  designated  urban  cultural   park
  management  plan  as  provided  in  title G of the parks, recreation and
  historic preservation law and which may include or  mean  an  industrial
  pollution  control  facility,  a  recreation  facility,  educational  or
  cultural facility, a horse  racing  facility,  a  railroad  facility,  a
  continuing  care  retirement  community,  or a civic facility, provided,
  however, that, of agencies  governed  by  this  article,  only  agencies
  created  for  the  benefit  of  a  county and the agency created for the
  benefit of the city of New York shall provide  financial  assistance  in
  any  respect  to  a  continuing care retirement community, and provided,
  however, no agency shall provide financial assistance in respect of  any
  project  partially outside the municipality for whose benefit the agency
  was created without the prior consent thereto by the governing  body  or
  bodies  of all the other municipalities in which any part of the project
  is, or is to be, located. Where a project is  located  partially  within
  and  partially outside the municipality for whose benefit the agency was
  created, the portion of the project outside  the  municipality  must  be
  contiguous  with  the  portion  of  the project inside the municipality.
  Provided further, that no agency shall provide financial assistance  for
  any   project   where   the  project  applicant  has  any  agreement  to
  subsequently contract with a municipality for the lease or  purchase  of
  such project or project facility.
    * NB Effective until July 1, 2006
    * (4)  "Project"  -  shall  mean  any  land,  any  building  or  other
  improvement, and all real and personal  properties  located  within  the
  state  of  New  York  and  within  or  outside  or  partially within and
  partially outside the municipality for  whose  benefit  the  agency  was
  created,  including,  but not limited to, machinery, equipment and other
  facilities deemed necessary or desirable  in  connection  therewith,  or
  incidental   thereto,   whether   or  not  now  in  existence  or  under
  construction, which shall be suitable  for  manufacturing,  warehousing,
  research,  commercial or industrial purposes or other economically sound
  purposes identified and called for to implement a state designated urban
  cultural park management plan as provided  in  title  G  of  the  parks,
  recreation  and  historic preservation law and which may include or mean
  an  industrial  pollution  control  facility,  a  recreation   facility,
  educational  or cultural facility, a horse racing facility or a railroad
  facility, provided, however, no agency shall use its funds in respect of
  any project wholly or  partially  outside  the  municipality  for  whose
  benefit  the agency was created without the prior consent thereto by the
  governing body or bodies of all the other municipalities in which a part
  or parts of the project is, or is to be, located.
    * NB Effective July 1, 2006
    (5)  "Governing  body"  -  shall  mean  the board or body in which the
  general legislative powers of the municipality are vested.
    (6) "Mortgage" - shall mean a mortgage or other security device.
    (7) "Revenues" - shall mean all rents,  revenues,  fees,  charges  and
  other  sources of income derived by the agency from the leasing, sale or
  other disposition of a project or projects.
    (8) "Industrial pollution control facility"--shall mean any equipment,
  improvement, 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,
  which  if  within  any  city  are  not  of a character or nature then or
  formerly furnished or supplied by the city, having to do with or the end
  purpose of which is the control, abatement or prevention of land, sewer,
  water, air, noise or general environmental pollution deriving  from  the
  operation   of   industrial,   manufacturing,  warehousing,  commercial,
  recreation and research facilities, including, but not  limited  to  any
  air   pollution   control  facility,  noise  abatement  facility,  water
  management  facility,  waste  water  collecting  system,   waste   water
  treatment  works, sewage treatment works system, sewage treatment system
  or solid waste disposal facility or site.
    (9) "Recreation facility"--shall mean any facility for the use of  the
  general  public  as spectators or participants in recreation activities,
  including but not limited to  skiing,  golfing,  swimming,  tennis,  ice
  skating   or   ice  hockey  facilities,  together  with  all  buildings,
  structures, machinery, equipment, facilities and  appurtenances  thereto
  which  the  agency may deem necessary, useful or desirable in connection
  with the construction, improvement or operation of  any  such  facility,
  including  overnight  accommodations  and  other  facilities  incidental
  thereto and facilities that may permit the use of recreation  facilities
  by  the  general  public  as  participants in recreation activities, but
  shall not include facilities for automobile or  horse  racing  or  other
  similar activities.
    (10)  "Horse  racing facility"--shall mean any facility for the use of
  the general public  for  purpose  of  conducting  pari-mutuel  wagering,
  licensed  by  the  state racing and wagering board, as of January first,
  nineteen hundred seventy-seven, except non-profit  racing  associations,
  including  buildings,  structures, machinery, equipments, facilities and
  appurtenances thereto,  the  construction,  reconstruction,  acquisition
  and/or improvement of which shall have been approved by the state racing
  and  wagering  board, and which the agency may deem necessary, useful or
  desirable in connection with the construction, improvement or  operation
  of such racing facility.
    (11)  "Railroad  facility"--shall  mean,  but shall not be limited to,
  railroad rights-of-way, beds, bridges, viaducts,  tracks,  switches  and
  rolling  stock and any other attendant structure, equipment, facility or
  property  necessary  or  appropriate   to   railroading   conducted   in
  conjunction  with industrial, commerical, manufacturing, recreational or
  warehousing operations; provided, however,  that  (i)  no  agency  shall
  itself operate a railroad facility for freight or passenger service, but
  may  lease  or  otherwise  make  such facility available to an operator,
  subject to an agreement  for  the  maintenance  and  operation  of  such
  facility  for  freight  or  passenger  service,  provided that passenger
  service  does  not  constitute  the  primary  purpose  of  the  railroad
  facility;  (ii)  prior to undertaking any project involving acquisition,
  construction, reconstruction,  improvement,  maintenance,  equipping  or
  furnishing  of a railroad facility, an agency shall submit its plans for
  the  proposed  project  to  the  commissioner  of  transportation;   the
  commissioner  shall,  within  sixty days of his receipt of the proposal,
  submit  an  analysis of the financial and operational feasibility of the
  proposed project, along with any recommendations  for  modification  for
  improving  the  project's  viability,  to  the agency, the governor, the
  commissioner of commerce, the temporary president  of  the  senate,  the
  speaker  of  the  assembly and the governing body of the municipality in
  which the agency is located; and (iii) no agency shall  enter  into  any
  contract for the acquisition, construction, reconstruction, improvement,
  maintenance,  equipping  or  furnishing  of  a  railroad  facility until
  fifteen days after the submission of the analysis and recommendations of
  the  commissioner  of  transportation,  or   seventy-five   days   after
  submission  of  the  agency's  plan  to  the  commissioner, whichever is
  earlier.
    (12) "Educational  or  cultural  facility"--shall  mean  any  facility
  identified  and called for to implement a state designated heritage area
  management plan as provided in title G  of  the  parks,  recreation  and
  historic  preservation  law  that  is  open  to  the  public at large as
  participants in educational and cultural activities  including  but  not
  limited  to theaters, museums, exhibitions and festival and interpretive
  facilities, together with buildings, structures,  machinery,  equipment,
  facilities   and   appurtenances  thereto  which  the  agency  may  deem
  necessary, useful or desirable  in  connection  with  the  construction,
  improvement  or  operation  of  any  such  facility, including overnight
  accommodations and other facilities incidental  thereto  and  facilities
  that  may  permit  the  use of educational or cultural facilities by the
  general public.
    * (13) "Civic facility" - shall mean any facility which shall be owned
  or occupied by a not-for-profit corporation organized and existing under
  the laws of this state or  authorized  to  conduct  activities  in  this
  state.  Such  facilities  shall  not include convention centers, housing
  facilities,  dormitories  for   educational   institutions   or   roads,
  buildings,  water systems, sewer systems, or any public facility for use
  by a municipality in the performance of its  governmental  functions  or
  medical  facilities  which  are  predominately  used for the delivery of
  medical services, except that such facilities shall include habilitation
  centers and hospices.
    * NB Repealed July 2, 2006
    * NB There are 2 sb (13)'s
    * (13) "Civic facility" - shall mean any facility which shall be owned
  or occupied by a not-for-profit corporation organized and existing under
  the laws of this state or  authorized  to  conduct  activities  in  this
  state.  Such  facilities  shall  not include convention centers, housing
  facilities,  dormitories  for   educational   institutions   or   roads,
  buildings,  water systems, sewer systems, or any public facility for use
  by a municipality in the performance of its  governmental  functions  or
  medical  facilities  which  are  predominately  used for the delivery of
  medical services, except that such facilities shall include habilitation
  centers and hospices.
    Notwithstanding the limitations contained in the preceding sentence, a
  civic facility project may  include:  (a)  dormitories  for  educational
  institutions;  (b)  facilities as defined in article twenty-eight of the
  public health law; and (c) housing facilities primarily designed  to  be
  occupied  by  individuals  sixty years of age or older provided that the
  total cost of such projects as provided for in paragraphs (a), (b),  and
  (c)  herein  does  not  exceed  twenty  million dollars. Nothing in this
  article shall be deemed to  waive  any  applicable  requirement  for  an
  operating  facility  certificate,  consent  or  any  other  approval  as
  provided by law.
    * NB Repealed July 1, 2006
    * NB There are 2 sb (13)'s
    (14)  "Financial assistance" - shall mean the proceeds of bonds issued
  by an agency, straight-leases, or exemptions from taxation claimed by  a
  project  occupant  as  a result of an agency taking title, possession or
  control (by lease, license or otherwise) to the property or equipment of
  such project occupant or of such project occupant acting as an agent  of
  an agency.
    (15)  "Straight-lease transaction" - shall mean a transaction in which
  an agency takes title, possession  or  control  (by  lease,  license  or
  otherwise) to the property or equipment of a project occupant, entitling
  such  property  or equipment to be exempt from taxation according to the
  provisions of section eight hundred seventy-four of this article, and no
  financial assistance in the form of the proceeds of bonds issued by  the
  agency is provided to the project occupant.
    (16)  "Affected  tax  jurisdiction"  -  shall mean any municipality or
  school district, in which a project  is  located,  which  will  fail  to
  receive  real  property  tax payments, or other tax payments which would
  otherwise be due, except for the tax exempt status of an agency involved
  in a project.
    (17) "Payments in lieu of taxes" - shall mean any payment made  to  an
  agency,  or  affected tax jurisdiction equal to the amount, or a portion
  of, real property taxes, or other taxes, which would have been levied by
  or on behalf of an affected tax jurisdiction if the project was not  tax
  exempt by reason of agency involvement.
    (18)  "Highly  distressed  area"  -  shall  mean (a) a census tract or
  tracts or block numbering areas or areas or such census tract  or  block
  numbering  area  contiguous  thereto which, according to the most recent
  census data available, has:
    (i) a poverty rate of at least twenty percent for the  year  to  which
  the  data  relates  or  at  least twenty percent of households receiving
  public assistance; and
    (ii) an unemployment  rate  of  at  least  1.25  times  the  statewide
  unemployment rate for the year to which the data relates; or
    (b) a city, town, village or county within a city with a population of
  one  million or more for which: (i) the ratio of the full value property
  wealth, as determined by the comptroller for the year  nineteen  hundred
  ninety, per resident to the statewide average full value property wealth
  per resident; and (ii) the ratio of the income per resident; as shown in
  the  nineteen  hundred ninety census to the statewide average income per
  resident; are each fifty-five percent or less of the statewide  average;
  or
    (c)  an  area  which was designated an empire zone pursuant to article
  eighteen-B of this chapter.
    (19) "Continuing care retirement community" - shall mean any  facility
  that  has  been  granted  a certificate of authority pursuant to article
  forty-six or forty-six-A of the public health law and is established  to
  provide,  pursuant  to  continuing  care  retirement  contracts approved
  pursuant  to  article  forty-six  of   the   public   health   law,   or
  fee-for-service  continuing  care contracts approved pursuant to article
  forty-six-A of the public health law, a comprehensive,  cohesive  living
  arrangement  for  the  elderly,  and  certified  by  the commissioner of
  health, that (i) has  been  approved  for  the  issuance  of  industrial
  development  agency  bonds  by  the continuing care retirement community
  council pursuant to section  forty-six  hundred  four-a  of  the  public
  health  law except that paragraphs b and g of subdivision two of section
  forty-six hundred four-a of the public health law shall not apply  to  a
  continuing  care retirement community granted a certificate of authority
  pursuant to article forty-six-A of the public health law and (ii)  is  a
  not-for-profit  corporation as defined in section one hundred two of the
  not-for-profit corporation law  that  is  (a)  eligible  for  tax-exempt
  financing  under  section  forty-six hundred four-a of the public health
  law and this chapter and (b) is exempt from taxation pursuant to section
  501(c)(3) of the federal internal revenue code; except that  "continuing
  care  retirement  community"  shall  not  include  a  facility granted a
  certificate of authority upon application of a state or local government
  applicant.