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This entry was published on 2014-09-22
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SECTION 190
Definitions
Economic Development Law (COM) CHAPTER 15, ARTICLE 7
§ 190. Definitions. As used in this article, unless a different
meaning appears from the context, the following words and terms shall
have the following meanings:

1. "Feasibility study" shall mean an investigation and evaluation of
the viability of an industrial firm or group of industrial firms,
including those for which local buyout assistance has been requested. A
feasibility study shall include, but not be limited to, an assessment of
the potential profitability and prospects for job preservation and
future job growth; the condition, stability and growth potential of the
industry in domestic and international markets; the financial condition;
essential changes and productivity improvements needed to remain viable;
the quality of management and its ability to innovate and change; labor
and management relations; workforce skills and training needs; whether
adequate time exists to effectuate a local buyout or revitalize a firm;
relations with suppliers and customers; and cooperation of the sellers.

2. "Industrial firm" shall mean 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.

3. "Local buyout" shall mean the transfer of the ownership and control
of a viable industrial firm to its employees, or managers, or to other
investors resident in New York state, where such transfer will create or
retain substantial numbers of private sector jobs by preventing the
closing, partial closing, or the relocation out-of-state of an
industrial firm.

4. "Medium-sized industrial firm" shall mean an industrial firm that
employs less than five hundred persons within the state on a full-time
basis.

5. "Productivity assessment" shall mean an evaluation of the existing
and potential productivity and profitability of an industrial firm or
group of industrial firms and recommendations for productivity
improvements, including, but not limited to, analysis of products,
market position, financial condition, ownership structure, production
processes, labor/management relations, worker skills and training needs,
plant and equipment, and business strategy.

6. "Small-sized industrial firm" shall mean an industrial firm that
employs one hundred or less persons within the state on a full-time
basis.