§ 431. Definitions. For purposes of this article:

1. "State university campus" shall mean any of the colleges and
universities described in subdivision three of section three hundred
fifty-two of the education law.

2. "Community college" means a college established and operated
pursuant to the provisions of article one hundred twenty-six of the
education law, and providing two-year or four-year post secondary
programs in general and technical educational subjects and receiving
financial assistance from the state, other than a community college of
the city university of New York.

3. "City university campus" means a campus of the city university of
New York, as defined in subdivision two of section sixty-two hundred two
of the education law.

4. "Private college or university" means a not-for-profit two or four
year university or college given the power to confer associate,
baccalaureate or higher degrees in this state by the legislature or by
the regents under article five of the education law.

5. "Net new job" means a job created in a tax-free NY area that
satisfies all of the following criteria:

(a) is new to the state;

(b) has not been transferred from employment with another business
located in this state, through an acquisition, merger, consolidation or
other reorganization of businesses or the acquisition of assets of
another business, or except as provided in paragraph (d) of subdivision
six of this section has not been transferred from employment with a
related person in this state;

(c) is not filled by an individual employed within the state within
the immediately preceding sixty months by a related person;

(d) is either a full-time wage-paying job or equivalent to a full-time
wage-paying job requiring at least thirty-five hours per week; and

(e) is filled for more than six months.

6. "New business" means a business that satisfies all of the following
tests:

(a) the business must not be operating or located within the state at
the time it submits its application to participate in the START-UP NY
program;

(b) the business must not be moving existing jobs into the tax-free NY
area from another area in the state;

(c) the business is not substantially similar in operation and in
ownership to a business entity (or entities) taxable, or previously
taxable within the last five taxable years, under section one hundred
eighty-three or one hundred eighty-four, former section one hundred
eighty-five or former section one hundred eighty-six of the tax law,
article nine-A, thirty-two or thirty-three of the tax law, article
twenty-three of the tax law or which would have been subject to tax
under such article twenty-three (as such article was in effect on
January first, nineteen hundred eighty), or the income (or losses) of
which is (or was) includable under article twenty-two of the tax law;
and

(d) the business must not have caused individuals to transfer from
existing employment with a related person located in the state to
similar employment with the business, unless such business has received
approval for such transfers from the commissioner after demonstrating
that the related person has not eliminated those existing positions.

7. "Tax-free NY area" means the land or vacant space of a university
or college that meets the eligibility criteria specified in section four
hundred thirty-two of this article and that has been approved as a
tax-free NY area pursuant to the provisions in section four hundred
thirty-five of this article. It also means a strategic state asset that
has been approved by the START-UP NY approval board pursuant to the
provisions of subdivision four of section four hundred thirty-five of
this article.

8. "Related person" means a "related person" pursuant to subparagraph
(c) of paragraph three of subsection (b) of section four hundred
sixty-five of the internal revenue code.

9. "Strategic state asset" means land or a building or group of
buildings owned by the state of New York, that is: (a) closed; (b)
vacant; or (c) for which notice of closure has been given pursuant to
any statutory notice requirement or which is otherwise authorized to be
closed pursuant to any chapter of the laws of New York.

10. "START-UP NY approval board" or "board" means a board consisting
of three members, one each appointed by the governor, the speaker of the
assembly and the temporary president of the senate. Each member of the
START-UP NY approval board must have significant expertise and
experience in academic based economic development and may not have a
personal interest in any project that comes before the board.

11. "Underutilized property" means vacant or abandoned land or space
in an existing industrial park, manufacturing facility, a brownfield
site as defined in article twenty-seven of the environmental
conservation law, or a distressed or abandoned property, which shall be
determined by factors including poverty, identified by the county or the
town, village or city that contains such distressed or abandoned
property, as of the effective date of this article. A college or
university shall work with local municipalities or local economic
development entities to identify underutilized properties.

12. "Eligible land" means land eligible pursuant to section four
hundred thirty-two of this article for approval as a tax-free NY area.

13. "Sponsoring campus, university or college" means a university or
college that has received approval to sponsor a tax-free NY area
pursuant to section four hundred thirty-five of this article.

14. "Correctional facility" means, beginning July twenty-sixth, two
thousand fourteen, land or a building or group of buildings owned by the
state of New York on the premises of (a) Butler Correctional Facility;
(b) Chateaugay Correctional Facility; (c) Monterey Shock Incarceration
Correctional Facility; and (d) Mount McGregor Correctional Facility.

15. "START-UP NY airport facility" means vacant land or space owned by
the state of New York on the premises of Stewart Airport or Republic
Airport.