(a) Applicant means 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) Applicant municipality means the county, city, town or village that applied for and received empire zone designation.

(c) Chief executive means:

(d) Commissioner means the Commissioner of Economic Development.

(e) Community development projects 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 sections 210.20, 606(l), 1456(d) and 1511(h) 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.

(f) Concurring municipality means a city, town or village that is required to agree with the applicant municipality's proposed addition or removal of empire zone acreage from within such city, town or village's municipal borders.

(g) Cost-benefit analysis means 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 and have 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:

(h) Department means the Department of Economic Development.

(i) Empire zone means an area within the State that has been designated as an empire zone pursuant to article 18-B of the General Municipal Law.

(j) Zone equivalent area means an area designated as such pursuant to former subdivision (bb) of section 959 of the General Municipal Law.

(k) Empire zone capital tax credits or zone capital tax credits means tax credits available pursuant to sections 210.20, 606(l), 1456(d) and 1511(h) of the Tax Law.

(l) Human resource development means job preparation and placement, skills training, 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.

(m) Local empire zone administrative board means the entity designated by the applicant that is responsible for recommending business enterprises for certification pursuant to section 959(a)(iii) of the General Municipal Law 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.

(n) Minority business enterprise shall have the same meaning as provided in section 310 of the Executive Law.

(o) Minority group member shall have the same meaning as provided in section 310 of the Executive Law.

(p) Empire zone capital tax credits or zone capital tax credits means tax credits available pursuant to sections 210.20, 606(1), 1456(d) and 1511(h) of the Tax Law.

(q) Qualified investment means the contribution of property to a corporation in exchange for original issue capital stock or other ownership interest, the contribution of property to a partnership in exchange for an interest in the partnership, and similar contributions to any other type of business entity not in corporate or partnership form in exchange for an ownership interest in such an entity.

(r) Women-owned business enterprise shall have the same meaning as provided in section 310 of the Executive Law.

(s) Zone administrative entity means a community-based local development corporation or entity contracting with the local empire zone board pursuant to section 963(a)(viii) of the General Municipal Law 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.

(t) Zone capital corporation means an entity incorporated for the purpose of raising funds through private and public grants, donations or investments, to be used in making investments in and loans to certified zone businesses to encourage the establishment or expansion of such businesses, thereby providing new job opportunities within an empire zone.

(u) Regionally significant project means:

Such business shall be eligible as a regionally significant project as determined by the local empire zone administrative board and the commissioner, provided however, to be eligible as a regionally significant project the business seeking such status must be a business that exports a substantial portion of its products or services outside of the State and where at least 60 percent of the business's product/service is, or would be, sold, delivered or provided to customers/clients that are outside of the metropolitan statistical area if the project would be located in a community that is within a metropolitan statistical area, or outside of the county, if the project would be located in a community that is not part of a metropolitan statistical area. A regionally significant project would not be eligible for a business that is the retail or service operations of such enterprise or that is otherwise captive to the local market. Other projects may be considered by the empire zone designation board.

(v) Clean energy research and development enterprise means 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.

(w) Qualified investment project means a project:

(x) Significant capital investment project means a project:

(y) Change of ownership shall include a reformation, reorganization or acquisition of the certified business enterprise where an owner of that enterprise, or a related person or affiliate of that enterprise, does not retain, directly or indirectly, any percent of the ownership interest or control of the enterprise formed as a result of the reformation, reorganization or acquisition.

(z) Zone development plan means a plan submitted for approval to the commissioner by the local empire zone administrative board and shall demonstrate the methods by which the applicant intends to promote the development of new business and the expansion of existing business within the empire zone. Elements of the plan shall include, but not be limited to, the following:

(aa) Benefit-to-cost ratio means the calculation of the estimated value of:

(ab) Capital investments means investments in tangible personal property or other tangible property which is depreciable pursuant to section 179(d) of the United States Internal Revenue Code. Capital investments do not include operating expenses such as office supplies, utilities, rent, and other recurring expenses.

(ac) Single business 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 business enterprise are interrelation of operations, common management, centralized control of labor relations, common ownership and common financial control.