Section 190. Definitions  


Latest version.
  • As  used  in  this  article, unless a different
      meaning appears from the context, the following words  and  terms  shall
      have the following meanings:
        1. "Feasibility  study"  shall mean an investigation and evaluation of
      the viability of an  industrial  firm  or  group  of  industrial  firms,
      including  those for which local buyout assistance has been requested. A
      feasibility study shall include, but not be limited to, an assessment of
      the potential profitability  and  prospects  for  job  preservation  and
      future  job growth; the condition, stability and growth potential of the
      industry in domestic and international markets; the financial condition;
      essential changes and productivity improvements needed to remain viable;
      the quality of management and its ability to innovate and change;  labor
      and  management  relations; workforce skills and training needs; whether
      adequate time exists to effectuate a local buyout or revitalize a  firm;
      relations with suppliers and customers; and cooperation of the sellers.
        2. "Industrial  firm"  shall  mean  a manufacturing firm involved with
      extracting, smelting, recovering,  developing,  preparing,  compounding,
      converting,  assembling  or  producing  in  any  manner,  minerals,  raw
      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.
        3. "Local buyout" shall mean the transfer of the ownership and control
      of  a  viable industrial firm to its employees, or managers, or to other
      investors resident in New York state, where such transfer will create or
      retain substantial numbers of private  sector  jobs  by  preventing  the
      closing,   partial   closing,  or  the  relocation  out-of-state  of  an
      industrial firm.
        4. "Medium-sized industrial firm" shall mean an industrial  firm  that
      employs  less  than five hundred persons within the state on a full-time
      basis.
        5. "Productivity assessment" shall mean an evaluation of the  existing
      and  potential  productivity  and profitability of an industrial firm or
      group  of  industrial  firms  and   recommendations   for   productivity
      improvements,  including,  but  not  limited  to,  analysis of products,
      market position, financial condition,  ownership  structure,  production
      processes, labor/management relations, worker skills and training needs,
      plant and equipment, and business strategy.
        6. "Small-sized  industrial  firm"  shall mean an industrial firm that
      employs one hundred or less persons within  the  state  on  a  full-time
      basis.