Current through Register Vol. 46, No. 12, March 20, 2024
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.
