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SECTION 3
Definitions
Urban Development Corporation Act 174/68 (UDA) CHAPTER INTRO
§ 3. Definitions. As used in this act, the following words and terms
shall have the following meanings unless the context shall indicate
another or different meaning or intent:

(1) "Bonds" and "notes". The bonds and notes respectively issued by
the corporation pursuant to this act.

(2) "Comptroller". The comptroller of the state.

(3) "Corporation". The corporate governmental agency created by
section four of this act.

(4) "Housing Company". A company organized pursuant to the provisions
of either article two, four, five or eleven of the private housing
finance law.

(5) "Local Development Corporation". A corporation incorporated or
reincorporated pursuant to the provisions of article fourteen of the
not-for-profit corporation law.

(6) PROJECT: A specific work or improvement including lands,
buildings, improvements, real and personal properties or any interest
therein, acquired, owned, constructed, reconstructed, rehabilitated or
improved by the corporation or any subsidiary thereof, whether or not
still owned or financed by the corporation or any subsidiary thereof,
including a residential project, an industrial project, a land use
improvement project, a civic project, an industrial effectiveness
project, a small and medium-sized business assistance project, a fruit
growing, fruit processing, or winery business project, or an economic
development project, all as defined herein, or any combination thereof,
which combination shall hereinafter be called and known as a
"multi-purpose project". The term "project" as used herein shall include
projects, or any portion of a project.

(a) "Residential project". A project or that portion of a
multi-purpose project designed and intended for the purpose of providing
housing accommodations for persons or families of low income and such
facilities as may be incidental or appurtenant thereto.

(b) "Industrial project". A project or that portion of a multi-purpose
project designed and intended for the purpose of providing facilities
for manufacturing, warehousing, research, business or other industrial
or commercial purposes, including but not limited to machinery and
equipment deemed necessary for the operation thereof (excluding raw
material, work in process or stock in trade).

(c) "Land Use Improvement project". A plan or undertaking for the
clearance, replanning, reconstruction and rehabilitation or a
combination of these and other methods, of a substandard and insanitary
area, and for recreational or other facilities incidental or appurtenant
thereto, pursuant to and in accordance with article eighteen of the
constitution and this act. The terms "clearance, replanning,
reconstruction and rehabilitation" shall include renewal, redevelopment,
conservation, restoration or improvement or any combination thereof as
well as the testing and reporting of methods and techniques for the
arrest, prevention and elimination of slums and blight.

(d) "Civic project". A project or that portion of a multi-purpose
project designed and intended for the purpose of providing facilities
for educational, cultural, recreational, community, municipal, public
service or other civic purposes.

(e) "Industrial effectiveness project". A project or that portion of a
multi-purpose project designed and intended for the purpose of (i)
improving the productivity and competitiveness of an industrial firm or
group of industrial firms through such means as, but not limited to, the
redesign of production facilities, the introduction of new production
processes and management systems, the expansion or diversification of
product lines, the development of new markets, and labor and management
cooperative efforts to enhance productivity; (ii) implementing a
corporate restructuring or turnaround plan for an industrial firm; (iii)
effecting the transfer of the ownership and control of a viable
industrial firm to its employees, managers or other investors resident
in the state; or (iv) enhancing the opportunity for an industrial firm
to create or retain jobs, thereby promoting fuller employment and
economic development in the state.

(f) "Small and medium-sized business assistance project". A project
designed and intended for the purpose of providing assistance to
industrial firms that employ five hundred or fewer employees within the
state on a full-time basis.

(g) Economic development project. The acquisition, construction,
reconstruction, rehabilitation, or improvement of a project financed
pursuant to the empire state economic development fund which will
achieve the purposes of facilitating the creation or retention of jobs
or increasing business activity within a municipality or region of the
state.

(h) "fruit growing, fruit processing, or winery business project". A
project or that portion of a multi-purpose project designed and intended
for the purpose of establishing, maintaining, or expanding fruit growing
acreage or operations, or for providing facilities for the production,
manufacture, processing, warehousing, research, or distribution and sale
of fresh fruits or the processing of such fruits into juices, wines, or
other food products. As specified in paragraph (b-1) of subdivision 6 of
section 16-l of this act, such project costs may include, but not be
limited to, the cost of buildings, machinery, equipment, New York raw
fruits, New York unprocessed or partially processed fruits, root stock,
other personal property, materials, working capital, or stock in trade
required to establish such project.

* (6) "Project". A specific work or improvement including lands,
buildings, improvements, real and personal properties or any interest
therein, acquired, owned, constructed, reconstructed, rehabilitated or
improved by the corporation or any subsidiary thereof, whether or not
still owned or financed by the corporation or any subsidiary thereof,
including a residential project, an industrial project, a land use
improvement project, a civic project, an industrial effectiveness
project, a small and medium-sized business assistance project, or an
infrastructure project, all as defined herein, or any combination
thereof, which combination shall hereinafter be called and known as a
"multi-purpose project". The term "project" as used herein shall include
projects, or any portion of a project.

(a) "Residential project". A project or that portion of a
multi-purpose project designed and intended for the purpose of providing
housing accommodations for persons or families of low income and such
facilities as may be incidental or appurtenant thereto.

(b) "Industrial project". A project or that portion of a multi-purpose
project designed and intended for the purpose of providing facilities
for manufacturing, warehousing, research, business or other industrial
or commercial purposes, including but not limited to machinery and
equipment deemed necessary for the operation thereof (excluding raw
material, work in process or stock in trade).

(c) "Land Use Improvement project". A plan or undertaking for the
clearance, replanning, reconstruction and rehabilitation or a
combination of these and other methods, of a substandard and insanitary
area, and for recreational or other facilities incidental or appurtenant
thereto, pursuant to and in accordance with article eighteen of the
constitution and this act. The terms "clearance, replanning,
reconstruction and rehabilitation" shall include renewal, redevelopment,
conservation, restoration or improvement or any combination thereof as
well as the testing and reporting of methods and techniques for the
arrest, prevention and elimination of slums and blight.

(d) "Civic project". A project or that portion of a multi-purpose
project designed and intended for the purpose of providing facilities
for educational, cultural, recreational, community, municipal, public
service or other civic purposes.

(e) "Industrial effectiveness project". A project or that portion of a
multi-purpose project designed and intended for the purpose of (i)
improving the productivity and competitiveness of an industrial firm or
a group of industrial firms through such means as, but not limited to,
the redesign of production facilities, the introduction of new
production processes and management systems, the expansion or
diversification of product lines, the development of new markets, and
labor and management cooperative efforts to enhance productivity; (ii)
implementing a corporate restructuring or turnaround plan for an
industrial firm; (iii) effecting the transfer of the ownership and
control of a viable industrial firm to its employees, managers or other
investors resident in the state; or (iv) enhancing the opportunity for
an industrial firm to create or retain jobs, thereby promoting fuller
employment and economic development in the state.

(f) "Small and medium-sized business assistance project". A project
designed and intended for the purpose of providing assistance to
industrial firms that employ five hundred or fewer employees within the
state on a full-time basis.

(g) "Infrastructure project". Capital improvements to publicly-owned
real property under the jobs for the new, New York bond act pursuant to
article fifteen of the economic development law involving site clearance
or preparation or the demolition, construction or reconstruction of
basic utilities, systems or facilities, which, while not used directly
for the production of goods or services, are required as the foundation
for or to promote, stimulate or support economic activity resulting in
the retention or creation of permanent private-sector jobs.

* NB Not implemented due to defeat of the Jobs for the new, New York
bond act in November, 1992

(7) "Project cost". The sum total of all costs incurred by the
corporation in carrying out all works and undertakings which the
corporation deems reasonable and necessary for the development of a
project. These shall include but are not necessarily limited to the
costs of all necessary studies, surveys, plans and specifications,
architectural, engineering or other special services, acquisition of
land and any buildings thereon, site preparation and development,
construction, reconstruction, rehabilitation, improvement and the
acquisition of such machinery and equipment as may be deemed necessary
in connection therewith (other than raw materials, work in process or
stock in trade); the necessary expenses incurred in connection with the
initial occupancy of the project; an allocable portion of the
administrative and operating expenses of the corporation; the cost of
financing the project, including interest on bonds and notes issued by
the corporation to finance the project from the date thereof to the date
when the corporation shall determine that the project be deemed
substantially occupied; and the cost of such other items, including any
indemnity and surety bonds and premiums on insurance, legal fees, fees
and expenses of trustees, depositories and paying agents for the bonds
and notes issued by the corporation; and relocation costs, all as the
corporation shall deem necessary.

(8) "Real property". Lands, structures, franchises and interests in
land, including lands under water and riparian rights, space rights and
air rights and any and all other things and rights usually included
within said term. Real property shall also mean and include any and all
interests in such property less than full title, such as easements,
incorporeal hereditaments and every estate, interest or right, legal or
equitable, including terms for years and liens thereon by way of
judgments, mortgages or otherwise, and also all claims for damages for
such real estate.

(9) "State". The state of New York.

(10) "State agency". Any officer, department, board, commission,
bureau, division, public corporation, agency or instrumentality of the
state.

(11) "Subsidiary". A corporation created in accordance with section
twelve of this act.

(12) "Substandard or insanitary area". The term "substandard or
insanitary area" shall mean and be interchangeable with a slum,
blighted, deteriorated or deteriorating area, or an area which has a
blighting influence on the surrounding area, whether residential,
non-residential, commercial, industrial, vacant or land in highways,
waterways, railway and subway tracks and yards, bridge and tunnel
approaches and entrances, or other similar facilities, over which air
rights and easements or other rights of user necessary for the use and
development of such air rights, to be developed as air rights sites for
the elimination of the blighting influence, or any combination thereof
and may include land, buildings or improvements, or air rights and
concomitant easements or other rights of user necessary for the use and
development of such air rights not in themselves substandard or
insanitary.

(13) "Municipality." Any county, city, town or village.

(14) "Local governing body". The board of supervisors, county
legislature, board of aldermen, common council, commission, or other
elective governing board or body now or hereafter vested by state
statute, charter or other law with jurisdiction to initiate and adopt
local law whether or not such local laws or ordinances require the
approval of the elective chief executive officer or other official or
body to become effective, and except that with respect to a city having
a population of one million or more the term "local governing body"
shall mean the board of estimate.

(15) "Public corporation". A municipal corporation, district
corporation, or public benefit corporation, as all such terms are
defined in section three of the general corporation law, or any agency
or instrumentality of the foregoing.

(16) "New community." A plan or undertaking for the development of
housing together with such civic, industrial and commercial facilities
and other ancillary facilities as the corporation may determine
necessary, including the implementation thereof through one or more
projects of the corporation and through such participation by private
enterprise as may be necessary or desirable to carry out the development
of such new community.

(17) "Eligible business". For purposes of section sixteen-a of this
act, a business that is resident in this state, and employs one hundred
or less persons on a full-time basis.

(18) "Regional corporation". For purposes of section sixteen-a of this
act, a not-for-profit or public benefit corporation or consortium of
such entities that has formed a not-for-profit corporation, that has
jurisdiction within at least two entire contiguous counties.

(19) "Minority business enterprise". A business enterprise which is at
least fifty-one percent owned, or in the case of a publicly-owned
business at least fifty-one percent of the common stock or other voting
interests of which is owned, by one or more minority persons and such
ownership interest is real, substantial and continuing. The minority
ownership must have and exercise the authority to independently control
the day-to-day business decisions of the entity. Minority persons shall
mean persons who are:

(a) Black;

(b) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban,
Central or South American descent of either Indian or Hispanic origin,
regardless of race;

(c) Asian and Pacific Islander persons having origins in the Far East,
Southeast Asia, the Indian sub-continent or the Pacific Islands; or

(d) American Indian or Alaskan Native persons having origins in any of
the original peoples of North America and maintaining identifiable
tribal affiliations through membership and participation or community
identification.

(20) "Women business enterprise". A business enterprise which is at
least fifty-one percent owned, or in the case of a publicly-owned
business at least fifty-one percent of the common stock or other voting
interests of which is owned, by United States citizens or permanent
resident aliens who are women, regardless of race or ethnicity, and such
ownership interest is real, substantial and continuing and such women
have and exercise the authority to independently control the day to day
business decisions of the enterprises.

(21) "Industrial firm". 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.

(22) "Eligible reservist". A member of a reserve component of the
armed forces ordered to active duty during a period of military
conflict.

(23) "Owner, manager or key employee". A person who:

(a) has at least a twenty percent ownership interest in the small or
medium-sized business; or

(b) is a manager responsible for the day-to-day operations of such
small or medium-sized business concern; or

(c) is an employee of such small or medium-sized business concern with
a significant responsibility whose duties cannot be assumed by another
person without substantial impairment to the economic health of the
business, as determined by the corporation.

(24) "Period of military conflict". A period:

(a) of war declared by the Congress; or

(b) of national emergency declared by the Congress or by the
President; or

(c) in which a member of a reserve component of the armed forces is
ordered to active duty pursuant to section 673b of title 10 of the
United States Code.

(25) "Upstate Empire State Development Corporation" shall be defined
for purposes of sections sixteen-q and sixteen-s of this act, as a
subsidiary of the urban development corporation established under
section twelve of this act.

(26) "Upstate Chairman" shall be defined for purposes of sections
sixteen-q and sixteen-s of this act, as the chairman of the upstate
empire state development corporation, a subsidiary of the urban
development corporation established under section twelve of this act.

(27) "Downstate" shall be defined by the chairman subject to approval
by the board of directors of the urban development corporation.

(28) "Upstate" shall be defined by the chairman, in consultation with
the chairman of the upstate empire state development corporation,
subject to approval by the board of directors of the urban development
corporation.

(29) "Upstate Agricultural Economic Development Project." For purposes
of section sixteen-s of this act, a project or that portion of a
multi-purpose project shall be designed and intended for the purpose of
establishing, maintaining, or expanding agricultural acreage or
operations, or for providing facilities and/or markets for the
production, manufacturing, processing, warehousing, laboratory
diagnostics, research, or distribution and sale of crops, livestock and
livestock products as defined in subdivision 2 of section 301 of the
agriculture and markets law. Such project costs may include, but not be
limited to, the cost of land, buildings, machinery, equipment, processed
or partially processed agricultural commodities, root stock, livestock,
other personal property, materials, working capital, or stock in trade
required to establish such project.

(30) "Energy conservation and efficiency projects." A project or that
portion of a multi-purpose project designed and intended for the purpose
of reducing energy consumption and improving energy efficiency of
building envelopes, building systems or manufacturing or industrial
systems by retrofitting or modernizing manufacturing, industrial or
commercial facilities. Energy conservation and efficiency projects may
include, but not be limited to: (a) energy audits performed by an energy
auditor approved by the New York state energy research and development
authority as defined in section eighteen hundred fifty-one of the public
authorities law; (b) insulation of the building structure or systems
within the building; (c) windows or doors, caulking or weather
stripping, multi-glazed windows or doors, heat absorbing or heat
reflective glazed and coated window or door systems, additional glazing,
reductions in glass area or other window and door system modifications
that reduce energy consumption; (d) automated or computerized energy
control systems; (e) heating, ventilating or air conditioning system
modifications or replacements; (f) replacement or modification of
lighting fixtures to increase the energy efficiency of the lighting
system without increasing the overall illumination of a facility, unless
an increase in illumination is necessary to conform to the applicable
state or local building code or nationally accepted standards for the
lighting system after the proposed modifications are made; (g) energy
recovery systems; (h) solar energy generating or heating and cooling
systems or other renewable energy systems; (i) cogeneration or combined
heat and power systems that produce steam, chilled water or forms of
energy such as heat, as well as electricity, for use primarily within a
building or complex of buildings; (j) energy conservation measures that
provide long-term operating cost reductions; and (k) maintenance and
operation of mechanical systems that provide long-term operating cost
reductions.