New York Codes, Rules and Regulations
Title 21 - Miscellaneous
Chapter L - New York State Urban Development Corporation
Part 4211 - Regional Economic Development Partnership Program
Section 4211.2 - Definitions

Current through Register Vol. 44, No. 38, September 21, 2022

Terms not otherwise defined in these regulations shall have the meanings set forth below.

(a) Distressed area shall mean:

(1) any county within the State in which:
(i) 20 percent or more of the persons had incomes below the poverty level according to data from latest population census published by the United States Bureau of the Census; or

(ii) the average rate of unemployment in the two most recent calendar years was at least 20 percent higher than the statewide average; or

(iii) at least three of the six following criteria are satisfied:
(a) the average rate of unemployment in the two most recent calendar years was at least 10 percent higher than the statewide average;

(b) the rate of growth in resident employment over the most recent five-year period was less than 90 percent of the statewide average;

(c) the rate of growth in per capita income in the most recent five-year period was less than 90 percent of the statewide average;

(d) the per capita real property wealth, as measured by the per capita full valuation real property, is less than 75 percent of the statewide average;

(e) total population has declined since the last published population census, according to the latest estimates of the United States Bureau of the Census;

(f) the percentage of persons below the poverty level was above the statewide average according to the data from the last published population census; or

(2) any municipality, or part thereof, within a non-distressed area in which:
(i) the number of inhabitants with income below the poverty level exceeds the average statewide rate by 25 percent and the unemployment rate exceeds the statewide rate by 25 percent; or

(ii) the number of inhabitants with income below the poverty rate exceeds the regionwide rate by 25 percent, and the unemployment rate exceeds the regionwide rate by 50 percent.

(b) Economic development zone shall mean an area of the State designated as such pursuant to article 18-B of the State General Municipal Law, or such other meaning as may from time to time be set forth in section 957 of the General Municipal Law.

(c) Eligible local government shall mean the government of any city, town, village or county within the State.

(d) Highly distressed area shall mean an area within the State that meets the distress criteria set forth in article 18-B of the State General Municipal Law.

(e) Minority group member shall mean a United States citizen or permanent resident alien who is and can demonstrate membership in one of the following groups:

(1) Black persons having origins in any of the Black African racial groups;

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

(3) Asian and Pacific Islander persons having origins in any of the Far East countries, South East Asia, the Indian subcontinent or the Pacific Islands; or

(4) Native American or Alaskan native persons having origins in any of the original peoples of North America.

(f) Minority-owned business enterprise shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is:

(1) at least 51 percent owned by one or more minority group members;

(2) an enterprise in which such minority ownership is real, substantial and continuing;

(3) an enterprise in which such minority ownership has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and

(4) an enterprise authorized to do business in the State and is independently owned and operated.

(g) Municipality shall mean any city, town, or village of the State.

(h) Non-distressed area shall refer to any county, or any municipality or part thereof, which is not a distressed area.

(i) Project shall have the meaning set forth in section 3 of the New York State Urban Development Corporation Act.

(j) Region shall mean the area of the State in which a proposed project or municipality is located or carried out, or which is the subject of study of a proposed regional strategic plan. Such areas are:

(1) the Capital region, consisting of Albany, Columbia, Greene, Rensselaer, Saratoga, Schenectady, Warren, and Washington Counties;

(2) the Southern Tier region, consisting of Broome, Chemung, Chenango, Delaware, Otsego, Schuyler, Steuben, Tioga, and Tompkins Counties;

(3) the Western New York region, consisting of Allegany, Cattaraugus, Chautauqua, Erie, and Niagara Counties;

(4) the Mid-Hudson region, consisting of Dutchess, Orange, Putnam, Rockland, Sullivan, Ulster, and Westchester Counties;

(5) the Long Island region, consisting of Nassau and Suffolk Counties;

(6) the New York City region, consisting of the Bronx, Kings, New York, Queens, and Richmond Counties;

(7) the North Country region, consisting of Clinton, Essex, Franklin, Jefferson, Lewis, and St. Lawrence Counties;

(8) the Finger Lakes region, consisting of Genesee, Livingston, Monroe, Ontario, Orleans, Seneca, Yates, Wayne, and Wyoming Counties;

(9) the Central New York region, consisting of Cayuga, Cortland, Madison, Onondaga, and Oswego Counties; and

(10) the Mohawk Valley region, consisting of Fulton, Hamilton, Herkimer, Montgomery, Oneida, and Schoharie Counties.

(k) Regional council shall mean the economic development advisory bodies established for each region in accordance with subdivision (20) of section 16-e of the New York State Urban Development Corporation Act.

(l) Regional strategic plan shall mean the strategic plan for the economic development of each region prepared pursuant to section 4211.10 of this Part, or any such existing plan received by the chairman of the corporation.

(m) Retail business shall mean a facility where:

(1) 25 percent or more of the floor space is or will be used for engaging in retail sales; or

(2) 25 percent or more of gross sales of the applicant seeking or benefiting from REDPP financial assistance is or will be derived from retail sales.

(n) Retail sale shall mean the sale of:

(1) commodities or goods in small quantities to the ultimate consumer for personal or household consumption; or

(2) a service rendered at a facility personally by an individual for another individual, directly, without the intervention of a third party.

(o) Women-owned business enterprise shall mean a business enterprise, including a sole proprietorship, partnership or corporation that is:

(1) at least 51 percent owned by one or more citizens or permanent resident aliens who are women;

(2) an enterprise in which the ownership interest of such women is real, substantial and continuing;

(3) an enterprise in which such women ownership has and exercises the authority to control and operate, independently, the day-to-day business decisions of the enterprise; and

(4) an enterprise authorized to do business in the State and is independently owned and operated.

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