957 - Definitions.

§  957.  Definitions. As used in this article, the following words and  terms shall  have  the  following  meanings  unless  the  context  shall  indicate another or different meaning or intent:    (a)   "Applicant"  shall  mean  the  county,  city,  town  or  village  submitting an application in the manner  authorized  by  local  law  for  designation of an area as an empire zone.    (b)   "Commissioner"   shall   mean   the   commissioner  of  economic  development.    (c) "Minority-owned business enterprise" shall have the  same  meaning  as provided in section three hundred ten of the executive law.    (d)  "Empire  zone"  shall mean an area within the state that has been  designated as an empire zone pursuant to this article and:    (i) all empire zones designated under paragraph (i) of subdivision (a)  and subdivision (d) of section nine hundred fifty-eight of this  article  shall be referred to as "investment zones" and shall be wholly contained  within  up  to  three  distinct and separate contiguous areas; provided,  however, that empire zones designated prior to  the  enactment  of  this  paragraph  shall  identify  up to three distinct and separate contiguous  areas, which shall equal up to their total allotted acreage at the  time  of designation by January first, two thousand six. Provided however, the  existing  zone must include as much designated acreage into the distinct  and  separate  contiguous  areas   as   possible.   Provided,   however,  notwithstanding the provisions of paragraphs (i) and (ii) of subdivision  (a)  of  section nine hundred fifty-eight and subdivision (d) of section  nine hundred fifty-nine of this article a regionally significant project  may be located outside of the investment zone's  distinct  and  separate  contiguous  areas,  provided  such significant project is located within  the zone applicant's municipal boundaries. Provided further however,  if  the  investment  zone  is  located  in  a  county  that  does not have a  development zone such significant project  may  be  located  within  the  county's  boundaries.  For  the  purpose  of  this article a "regionally  significant project" shall mean: a manufacturer projecting the  creation  of  fifty  or  more  jobs;  or  an agri-business or high tech or biotech  business making a capital investment of ten million dollars and creating  twenty  or  more  jobs;  or  a  financial  or  insurance   services   or  distribution  center  creating  three  hundred  or more jobs; or a clean  energy research and  development  enterprise  shall  be  eligible  as  a  regionally   significant   project  as  determined  by  the  local  zone  administrative board and commissioner. Other projects may be  considered  by the zone designation board;    (ii)  all  empire  zones  designated under subdivisions (b) and (c) of  section nine hundred fifty-eight of this article shall be referred to as  "development zones" and shall be  wholly  contained  within  up  to  six  distinct  and separate contiguous areas. However, an empire zone located  in more than one county at the  time  of  designation  shall  be  wholly  contained  in  up  to  twelve  distinct  and  separate contiguous areas.  Provided, however, that empire zones designated prior to  the  enactment  of  this  paragraph  shall  identify  up  to  six  distinct and separate  contiguous areas, which shall equal up to their total  allotted  acreage  at the time of designation, by January first, two thousand six or in the  case  of  an empire zone located in more than one county, at the time of  designation shall  identify  twelve  distinct  and  separate  contiguous  areas.  Provided  however,  the  existing  zone  must  include  as  much  designated acreage into the distinct and separate  contiguous  areas  as  possible.  Provided,  however,  a  regionally significant project may be  located  outside  of  the  development  zone's  distinct  and   separate  contiguous  areas.  For  the  purpose  of  this  article  a  "regionally  significant project" shall mean: a manufacturer projecting the  creationof  fifty  or  more  jobs;  or  an agri-business or high tech or biotech  business making a capital investment of ten million dollars and creating  twenty  or  more  jobs;  or  a  financial  or  insurance   services   or  distribution  center  creating  three  hundred  or more jobs; or a clean  energy research and  development  enterprise  shall  be  eligible  as  a  regionally   significant   project  as  determined  by  the  local  zone  administrative  board  and  the  commissioner.  Other  projects  may  be  considered by the zone designation board;    (iii)  provided,  however,  a  zone  may  apply  to add one additional  distinct and separate contiguous area, pursuant to  paragraphs  (i)  and  (ii)  of  this subdivision, to such zone upon the demonstration of need,  provided, however, such additional distinct and separate contiguous area  shall not result in an empire zone that  exceeds  the  maximum  allotted  acreage;    (iv)  a  "development  zone",  pursuant  to  paragraph  (ii)  of  this  subdivision, shall apply,  pursuant  to  subdivisions  (a)  and  (d)  of  section  nine  hundred  fifty-eight of this article, to have up to three  distinct and separate contiguous areas defined  as  "investment  zones",  pursuant to this subdivision;    (v)  any  certified  businesses  located  outside of the empire zone's  distinct and separate contiguous areas, pursuant to this section,  shall  be allowed the empire zone benefits until they are decertified; and    (vi) the boundaries that comprise the distinct and separate contiguous  areas in this subdivision must include at least the real property on one  side of a public thoroughfare when such street is used as a boundary. No  boundary  shall  be  constructed as to connect one tax parcel to another  tax parcel by using a thoroughfare's  center  line,  sidewalk  or  other  similar means of connecting a non-contiguous area to the zone's distinct  and separate contiguous areas.    (e)  "Local  empire  zone  administrative board" shall mean the entity  designated  by  the  applicant  that  is  responsible  for  recommending  business  enterprises  for  certification pursuant to paragraph (iii) of  subdivision (a) of section nine hundred fifty-nine of this  article  and  for  monitoring, evaluating and coordinating all empire zone benefits on  behalf of the applicant. Such entity  shall  consist  of  at  least  six  members,  and  shall  be  representative  of local businesses, organized  labor,   community   organizations,   financial   institutions,    local  educational institutions and residents of the empire zone.    (f)  "Women-owned  business enterprise" shall have the same meaning as  provided in section three hundred ten of the executive law.    (g) "Locally owned business enterprise" shall mean (i) a business firm  in which the total ownership interest held by individuals who  are  full  time bona fide residents of such zone is more than eighty percent, whose  business  activities  are  conducted  in a manner whereby at least fifty  percent of the assets of such firm are  located  and  utilized  in  such  zone,   and  at  least  forty  percent  of  such  firm's  employees  are  principally employed in such zone; or (ii) an  agricultural  cooperative  established  pursuant  to  section one hundred eleven of the cooperative  corporations law; provided however, for business  firms  located  within  zones  designated  in  a  city  such  individuals  shall reside within a  community planning board or within traditional  neighborhood  boundaries  and  provided  further  however  for business firms located within zones  outside of a city such individuals may reside in the county in which the  zone is designated.    (h) "Chief executive" shall mean (i) a county executive or manager  of  a county; (ii) in a county not having a county executive or manager, the  chairperson  or  other presiding officer of the county legislative body;  (iii) a mayor of a city or village, except where a city or village has amanager, it shall mean such a manager; or (iv) a supervisor of  a  town,  except where a town has a manager, it shall mean such manager.    (i) "Minority group member" shall have the same meaning as provided in  section three hundred ten of the executive law.    (j)  "Targeted  employee"  shall mean a New York resident who receives  empire zone wages  pursuant  to  subdivision  nineteen  of  section  two  hundred  ten  of the tax law and who is (i) an eligible individual under  the provision of the targeted jobs tax credit (section fifty-one of  the  internal  revenue code), (ii) eligible for benefits under the provisions  of the job training partnership act (P.L. 97-300, as amended),  (iii)  a  recipient  of  public  assistance  benefits, or (iv) an individual whose  income is below the most recently established poverty  rate  promulgated  by  the  United  States  department of commerce, or a member of a family  whose family income is below the most recently established poverty  rate  promulgated by the appropriate federal agency.    An individual who satisfies the criteria set forth in clause (i), (ii)  or (iv) of this subdivision at the time of initial employment in the job  with  respect  to  which  the  credit  is  claimed, or who satisfies the  criterion set forth in clause (iii) of this subdivision at such time  or  at  any time within the previous two years, shall be a targeted employee  so long as such individual continues to receive empire zone wages.    (k) "Single enterprise" means two or more related business enterprises  characterized by an absence of arms  length  relationships  found  among  enterprises  that  are  not  integrated. Factors to be considered, among  other things, in determining the existence of a  single  enterprise  are  interrelation  of  operations, common management, centralized control of  labor relations, common ownership and common financial control.    (l) "Zone administrative entity" shall mean  a  community-based  local  development corporation or entity contracting with the local empire zone  board  pursuant  to  paragraph  (viii)  of subdivision a of section nine  hundred sixty-three of this article or the  municipality  in  which  the  zone  is  located  in  those  instances  where the municipality actively  participates in the local administration of the zone program.    (m) "Human  resource  development"  shall  mean  job  preparation  and  placement,   skills  training  and  education  for  zone  residents  and  employees of  zone  businesses,  child  and  family  care  services  and  facilities,  and  activities  to  improve  the health benefits and other  benefits provided by zone businesses to their employees.    (n) "Community development projects" shall mean projects sponsored  by  not-for-profit organizations which have been approved by the zone board,  which  will advance the zone development plan. For purposes described in  subdivision twenty of section two hundred ten, subsection (l) of section  six hundred six, subsection (d) of section  fourteen  hundred  fifty-six  and  subdivision  (h)  of section fifteen hundred eleven of the tax law,  such projects shall be limited  to  child  care  programs  serving  zone  residents  and  businesses;  community  development  projects  in direct  support of economic development and business revitalization  activities,  such  as  commercial  revitalization  projects; and business development  activities of local development corporations.    (o) "Zone equivalent area" shall  mean  an  area  designated  as  such  pursuant  to  former subdivision (bb) of section nine hundred fifty-nine  of this article.    (p) "Cost benefit analysis" shall  mean,  for  purposes  of  paragraph  (iii)  of  subdivision  (a)  of  section nine hundred fifty-nine of this  article,  a  method  of  determining  whether  to  certify  a   business  enterprise  based  on  the  business enterprise's projected job creation  and/or investment in the zone versus the total amount of empire zone tax  benefits the business enterprise will potentially be allowed to use  andhave  refunded  to  it  and  shall  be  a  ratio  of  at  least 10:1 for  manufacturing enterprises and 20:1 for all other  business  enterprises,  the  numerator  of  which  is  the sum of (i) the estimated value of all  wages  and  benefits  paid for the first three years of certification to  all existing and projected employees of the business enterprise  in  the  zone  and  (ii) the estimated value of capital investments for the first  three years of certification in the zone, and the denominator  of  which  is  the  estimated  amount of total empire zone tax benefits that may be  used and may be refunded for the first three years of certification.    (r) "Clean energy research and development enterprise" shall mean  any  electric  generating  facility  that  used  pulverized  coal technology,  circulating fluidized bed technology or integrated gasification combined  cycle technology and that is capable of  capturing  carbon  dioxide  for  sequestration  or capable of being retrofitted to capture carbon dioxide  for sequestration.    (s) "Qualified investment project" shall mean a  project  (i)  located  within  an  empire zone, (ii) at which five hundred or more jobs will be  created, provided such jobs are new to the state and are in addition  to  any  other  jobs  previously created by the owner of such project in the  state, and (iii) which will consist of tangible  personal  property  and  other  tangible  property, including buildings and structural components  of buildings, described in subparagraphs  (i),  (ii),  (iii),  (iv)  and  clause  (A)  or  (C) of subparagraph (v) of paragraph (b) of subdivision  twelve-B of section two hundred ten of the tax law, the basis  of  which  for federal income tax purposes will equal or exceed seven hundred fifty  million  dollars.  Provided  however, the owner of such project does not  employ more than two hundred persons in  the  state  at  the  time  such  project is commenced.    (t)  "Significant capital investment project" shall mean a project (i)  located within an empire  zone,  (ii)  which  will  be  either  a  newly  constructed  facility or a newly constructed addition to or expansion of  a qualified investment project, consisting of tangible personal property  and  other  tangible  property,  including  buildings   and   structural  components  of  buildings,  described in subparagraphs (i), (ii), (iii),  (iv) and clause (A) or (C) of  subparagraph  (v)  of  paragraph  (b)  of  subdivision  twelve-B  of  section  two  hundred ten of the tax law, the  basis of which for federal income tax  purposes  will  equal  or  exceed  seven  hundred  fifty  million dollars, (iii) which is constructed after  the basis for federal income tax purposes  of  the  property  comprising  such  qualified investment project equals or exceeds seven hundred fifty  million dollars, and (iv) at which five hundred or  more  jobs  will  be  created,  provided such jobs are new to the state and are in addition to  any other jobs previously created by the owner of such  project  in  the  state.