Section 1840-A. Definitions  


Latest version.
  • 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.