§ 489-aaaaaa. Definitions. When used in this title:

1. "Commercial construction work" means the construction of a new
building or structure or the modernization, rehabilitation, expansion or
improvement of an existing building or structure for use as commercial
property.

2. "Commercial exclusion area" means an area as defined in subdivision
four of section four hundred eighty-nine-gggggg of this title.

3. "Commercial property" means nonresidential property on which will
exist after completion of commercial construction work a building or
structure, or portion thereof, used for the buying, selling or otherwise
providing of goods or services including hotel services, or for other
lawful business, commercial or manufacturing activities; provided that
property or portions of property dedicated to utility property shall not
be considered commercial property for purposes of this title.

4. "Commissioner" means the commissioner of finance of a city that has
enacted a local law pursuant to this title.

5. "Completion of construction," or "completion," when relating to new
construction, means the earlier of the date on which the department of
buildings of a city that has enacted a local law pursuant to this title
issues a final certificate of occupancy, or when the department of
finance has otherwise determined that construction is complete.

6. "Department" means the department of finance of a city that has
enacted a local law pursuant to this title.

7. "Industrial construction work" means the construction of a new
building or structure or the modernization, rehabilitation, expansion or
improvement of an existing building or structure for use as industrial
property.

8. "Industrial property" means nonresidential property on which will
exist after completion of industrial construction work a building or
structure, or portion thereof, with at least seventy-five percent of the
total net square footage of the property used or immediately available
and held out for manufacturing activities involving assembling goods or
the fabrication or processing of raw materials; provided that property
or portions of property dedicated to utility property shall not be
considered industrial property for purposes of this title.

9. "Manufacturing activity" means an activity involving the assembly
of goods or the fabrication or processing of raw materials, but shall
not include: (a) such activity when conducted for the purpose of retail
sale on the premises; or (b) utility services.

10. "Minimum required expenditure" means the amount that an applicant
must expend on construction work for a project in order to qualify for
benefits as provided in this title.

11. "Mixed-use property" means property on which exists, or will exist
upon completion of construction work, a building or structure used for
both residential and nonresidential purposes.

12. "Renovation construction work" means the modernization,
rehabilitation, expansion or improvement of an existing building or
structure where such modernization, rehabilitation, expansion or
improvement is physically and functionally integrated with the existing
building or structure, or portion thereof, does not increase the bulk of
the existing building or structure by more than thirty percent, and does
not increase the height of the existing building or structure by more
than thirty percent.

13. "Residential construction work" means any construction,
modernization, rehabilitation, expansion or improvement of dwelling
units other than dwelling units in a hotel.

14. "Restricted activity" means any entertainment activity that the
department has identified in rules promulgated pursuant to a local law
enacted pursuant to this title as an activity which, in the public
interest, should not be encouraged through the benefits of this title.

15. "Retail purposes" means any activity that consists predominately
of (a) the final sale of tangible personal property or services by a
vendor as defined in section eleven hundred one of the tax law, (b) the
sale of services that generally involve the physical, mental, and/or
spiritual care of individuals or the physical care of the personal
property of individuals, (c) retail banking services, or (d) the final
sale of food and/or beverage by a vendor as defined in section eleven
hundred one of the tax law, including the assembly, processing or
packaging of goods, provided that sales of such tangible personal
property or services are predominantly to purchasers who personally
visit the facilities at which such sales are made or such property and
services are provided. "Retail purposes" shall not include hotel uses as
described in subdivision four of section four hundred eighty-nine-cccccc
of this title.

16. "Temporary commercial incentive area boundary commission" means a
commission as defined in section four hundred eighty-nine-gggggg of this
title.

17. "Utility property" means property and equipment as described in
paragraphs (c), (d), (e), (f) and (i) of subdivision twelve of section
one hundred two of this chapter that is used in the ordinary course of
business by its owner or any other entity or property as described in
paragraphs (a) and (b) of subdivision twelve of section one hundred two
of this chapter that is owned by any entity that uses in the ordinary
course of business property and equipment as described in paragraphs
(c), (d), (e), (f) and (i) of subdivision twelve of section one hundred
two of this chapter, without regard to the classification of such
property and equipment for real property tax purposes pursuant to
section eighteen hundred two of this chapter, except that any such
property and equipment used solely to serve the building to which they
are attached shall not be deemed utility property. Notwithstanding any
provision of this title to the contrary, peaking units shall not be
considered utility property. For purposes of this title, "peaking unit"
shall mean a generating unit that: (a) is determined by the New York
independent system operator or a federal or New York state energy
regulatory commission to constitute a peaking unit as set forth in
section 5.14.1.2 of the New York independent system operator's market
administration and control area services tariff, as such term existed as
of April first, two thousand eleven; or (b) has an annual average
operation, during the calendar year preceding the taxable status date,
of less than eighteen hours following each start of the unit; for
purposes of calculating the annual average, operations during any period
covered by any major emergency declaration issued by the New York
independent system operator, northeast power coordinating council, or
other similar entity shall be excluded. A "peaking unit" under this
title shall include all real property used in connection with the
generation of electricity, and any facilities used to interconnect the
peaking unit with the electric transmission or distribution system, but
shall not include any facilities that are part of the electric
transmission or distribution system; it may be comprised of a single
turbine and generator or multiple turbines and generators located at the
same site. Notwithstanding any provision of this title to the contrary,
a peaking unit shall be considered industrial property, provided however
that the benefit period for a peaking unit shall be as set forth in
paragraph (b-1) of subdivision three of section four hundred
eighty-nine-bbbbbb of this title.