State Codes and Statutes

Statutes > New-york > Stf > Article-15 > 213

§  213.  Definitions.  When  used  in this article, unless a different  meaning clearly appears from the context, the following terms shall have  the following meanings:    1. "Authorized depositor" means the comptroller with respect to linked  deposits made by the comptroller and the commissioner  of  taxation  and  finance  with  respect  to  linked  deposits made by the commissioner of  taxation and finance.    2. "Census" means the decennial census performed by the bureau of  the  census of the United States department of commerce.    3. "Census bureau" means the bureau of the census of the United States  department of commerce.    4.  "Certified  business"  means  a business located in an empire zone  created pursuant to article eighteen-B of the general municipal law  and  certified pursuant to such article as eligible for the benefits referred  to in section nine hundred sixty-six of such article.    5.  "Certified minority-or women-owned business" means any minority-or  women-owned business enterprise as defined in section three hundred  ten  of  the  executive  law  and certified pursuant to section three hundred  fourteen of the executive law.    6. "Comptroller" means the comptroller of the state of New York.    7. "Defense industry  manufacturer"  means  a  manufacturing  firm  as  defined  in subdivision eighteen of this section, twenty-five percent or  more of the gross revenues of which derive, either directly as  a  prime  contractor  or indirectly as a subcontractor of a prime contractor, from  department of defense or other military contracts.    8. "Department" means the department of economic development.    9. "Department of defense"  means  the  United  States  department  of  defense.    10.  "Empire  zone"  means  an empire zone created pursuant to article  eighteen-B of the general municipal law.    11. "Eligible business" means:    (a) a manufacturing firm which employs five hundred or fewer employees  within the state on a full-time basis; or    (b) any certified business in an empire zone  which  business  employs  one hundred or fewer employees within the state on a full-time basis; or    (b-1)  during  the  whole  or any portion of a period in which an area  continues to be designated as a renewal community, any renewal community  business located  in  such  area  that  employs  one  hundred  or  fewer  employees within the state on a full-time basis; or    (b-2)  during  the  whole  or any portion of a period in which an area  continues to be designated as an empowerment zone, any business  located  in  such  area  that  employs  one hundred or fewer employees within the  state on a full-time basis; or    (b-3) during the whole or any portion of a period  in  which  an  area  continues  to  be  designated  as  an enterprise community, any business  located in such area that employs one hundred or fewer employees  within  the state on a full-time basis; or    (c)  any  firm  seeking  financing  through  the program for an export  project, which firm employs one hundred or fewer  employees  within  the  state on a full-time basis; or    (d) any business located in a highly distressed area, which business:    (i)  is  not  a retail business, unless financing provided through the  program would promote the preservation of existing jobs or  an  increase  in the overall number of retail jobs in the area; and    (ii)  employs  one  hundred  or  fewer employees within the state on a  full-time basis; or(e) any certified minority-or women-owned business  seeking  financing  necessary  to  carry  out  a  procurement  contract  with  an  agency or  authority or other entity of the state or federal government; or    (f)  any service business that is independently owned and operated, is  not dominant in its field, employs one hundred or  fewer  persons  on  a  full-time  basis  within the state, and is seeking financing through the  program for a project that will result in the retention or  creation  of  permanent  private  sector  jobs within the state, other than a business  that sells a service rendered at a facility personally by an  individual  for  another  individual,  directly, without the intervention of a third  party, or  a  professional  service  business  such  as  health,  legal,  accounting, engineering, or architectural services.    12. "Eligible projects" means:    (a)  export  projects designed to increase a firm's export activities;  or    (b) for manufacturing and service firms, projects  which  involve  the  preparation   of   strategic   plans   for  improving  productivity  and  competitiveness;  the  introduction  of  modern  equipment   and/or   an  expansion   of   facilities   as  part  of  a  modernization  plan;  the  introduction  of  advanced  technologies  to  improve  productivity  and  quality;   improvements   in   production   processes   and  operations;  introduction of computerized information, reporting and control systems;  reorganization or improvement of work place systems and the introduction  of total quality and employee participation  programs;  development  and  introduction  of  new  products;  identification  and development of new  markets, including entry into foreign markets;  financial  restructuring  for  purposes  of  enabling  modernization activities; buyouts of viable  companies by employees or local owners residing in the  state;  and  the  provision  of  working  capital  for other modernization activities that  will improve the competitiveness and productivity of a firm  and  result  in the creation or retention of jobs; or    (c)  for  certified  businesses  located  in  empire zones, for retail  businesses located in highly distressed areas, for  eligible  businesses  that  are  defined  in  paragraph  (b-1)  of  subdivision eleven of this  section that are located in a renewal community, for eligible businesses  that are defined in  paragraph  (b-2)  of  subdivision  eleven  of  this  section  that  are  located  in  an  empowerment  zone, and for eligible  businesses that are defined in paragraph (b-3) of subdivision eleven  of  this  section that are located in an enterprise community, projects that  will create or retain full-time, permanent jobs within the  empire  zone  or empowerment zone or enterprise community or highly distressed area or  renewal community, as the case may be; or    (d)  for  defense  industry manufacturers, projects designed to reduce  dependence on department of defense and other military contracts and  to  change  or diversify production in order to take advantage of any market  other than that serving the department  of  defense  or  other  military  procurers; or    (e)  for  certified  minority-and  women-owned businesses, projects to  provide financing necessary to carry out a procurement contract with  an  agency or authority or other entity of the state or federal government.    12-a.  "Empowerment zone" means an area within the state that has been  designated by such term pursuant to section 1391 of the federal Internal  Revenue Code (26 United States Code § 1391) under the federal  Community  Renewal Tax Relief Act of 2000.    12-b.  "Enterprise  community" means an area within the state that has  been designated by such term pursuant to section  1391  of  the  federal  Internal  Revenue  Code (26 United States Code § 1391) under the federal  Community Renewal Tax Relief Act of 2000.13. "Highly distressed area" means: (a) a census tract  or  tracts  or  block  numbering  area  or areas or such census tract or block numbering  area contiguous thereto which, according to the most recent census  data  available, has:    (i)  a  poverty  rate of at least twenty percent for the year to which  the data relates or at least twenty percent of the households  receiving  public assistance; and    (ii)  an  unemployment  rate  of  at  least  one  and  twenty-five one  hundredths times the statewide unemployment rate for the year  to  which  the data relates; or    (b) a city, town, village or county within a city with a population of  one  million or more for which: (i) the ratio of the full value property  wealth, as determined by  the  comptroller  for  the  most  recent  year  determined,  per  resident  to the statewide average full value property  wealth per resident; and (ii) the ratio of the income per  resident,  as  shown  in  the  most  recent  census to the statewide average income per  resident; are each fifty-five percent or less of the statewide  average;  provided,  however, that an empire zone shall not be considered a highly  distressed area for purposes of this article.    14. "Lender" means:    (a)  any  commercial  bank  which  is  or  shall  become  an  approved  depository  of  state  funds under the provisions of section one hundred  five of this chapter and which agrees to participate in the program; or    (b) any thrift which an authorized depositor determines is eligible to  accept linked deposits based upon criteria  applied  by  the  authorized  depositor  in  making  determinations  under section one hundred five of  this chapter, and which agrees to participate in the  program,  provided  that  any  linked  deposit  in  such thrift shall be secured in the same  manner as moneys deposited pursuant to section one hundred five of  this  chapter  and  such thrifts shall pledge assets or furnish other security  satisfactory in form and amount to  the  authorized  depositor  for  the  repayment  of moneys. Until April first, nineteen hundred ninety-six, in  the determination of thrifts eligible to  accept  linked  deposits,  the  authorized  depositor  shall  give  priority  to  applications  by those  thrifts seeking to make linked loans in economic development regions  in  which  fewer  than  ten  linked  loans have been made on or before April  first,  nineteen  hundred  ninety-five.  Provided,  however,  that   the  granting  of  such  priority  shall  in  no  way  relieve  an authorized  depositor of his or  her  duty  and  obligation  to  review  all  thrift  applications  from  all  economic  development regions in the state on a  timely basis.    (c) any farm credit system institution which agrees to participate  in  the program.    (d) the New York business development corporation.    15.  "Linked  deposit"  means  a  deposit,  or  for farm credit system  institutions and  the  New  York  business  development  corporation  an  investment eligible to be held by such institution or corporation placed  with  a  lender  by  the comptroller or the commissioner of taxation and  finance for a period of four years at the linked deposit interest  rate,  provided the lender agrees to:    (a)  lend the equivalent value of such deposit to an eligible business  at the interest rate provided in section two hundred  eighteen  of  this  article; and    (b)  permit  the  deposit  to  be  comprised of a series of ninety day  deposits each bearing an interest  rate  equal  to  the  linked  deposit  interest rate fixed at the time the original deposit is placed.    This  article  and  the related statutes that refer to this article do  not grant thrifts, farm credit  system  institutions  or  the  New  Yorkbusiness  development  corporation eligibility to accept public funds or  public moneys from public entities for  investment  purposes.  For  farm  credit  system institutions, the linked deposit program is available for  loans  with an agricultural purpose as defined by the farm credit act of  nineteen hundred seventy-one, as  amended  and  regulations  promulgated  thereunder.  A  linked  deposit is intended to enable a lender to make a  linked loan to an eligible business and such deposit earns a yield lower  than posted rates in order to accomplish the goals of this article.    16. "Linked deposit interest rate" means:    (a) for a linked deposit made in connection with a linked  loan  to  a  certified  business in an empire zone or to an eligible business located  in a highly distressed area or to an eligible business that  is  defined  in paragraph (b-1) of subdivision eleven of this section that is located  in a renewal community or defined in paragraph (b-2) of such subdivision  that  is located in an empowerment zone or defined in paragraph (b-3) of  such  subdivision  that  is  located   in   an   enterprise   community,  respectively   for   eligible  projects  defined  in  paragraph  (c)  of  subdivision  twelve  of  this  section  or  a  certified  minority-   or  women-owned  business  enterprise  for  an  eligible  project defined in  paragraph (e) of subdivision twelve of this  section  or  to  a  defense  industry  manufacturer  for  a  project  defined  in  paragraph  (d)  of  subdivision twelve of this section, a fixed rate of  interest  which  is  three   hundred  basis  points  below  the  lender's  posted  four  year  certificate of deposit rate or, if the lender does not offer a four year  certificate of deposit, is three hundred basis points below the  average  statewide  rate  for  four year certificates of deposit as determined by  the commissioner of economic development;    (b) for a linked deposit made in connection with any linked loan other  than those specified in paragraph (a) of this subdivision, a fixed  rate  of  interest which is two hundred basis points below the lender's posted  four year certificate of deposit rate, or if the lender does not offer a  four year certificate of deposit, is two hundred basis points below  the  average  statewide  rate  for  four  year  certificates  of  deposit  as  determined by the commissioner of economic development.    17. "Linked loan" means a loan for purposes of an eligible project, in  an amount equal to a linked deposit and bearing interest for  the  first  four years at the interest rate provided in section two hundred eighteen  of this article.    18.  "Manufacturing  firm"  means  a  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.    19. "Program" means the excelsior linked deposit program.    20. "Thrift" means any savings bank or savings and  loan  association,  federal savings bank or federal savings and loan association.    21.  "Economic  development  region"  shall  refer  to  those  regions  established by  the  department  of  economic  development  pursuant  to  section two hundred thirty of the economic development law.    22.  "Renewal  community" means an area within the state that has been  designated by such term in accordance with section 1400E of the  federal  Internal  Revenue Code (26 United States Code § 1400E) under the federal  Community Renewal Tax Relief Act of 2000.    23. "Renewal community business" means a business that  is  designated  by  such  term pursuant to section 1400G of the federal Internal RevenueCode (26 United States Code § 1400G) under the federal Community Renewal  Tax Relief Act of 2000.

State Codes and Statutes

Statutes > New-york > Stf > Article-15 > 213

§  213.  Definitions.  When  used  in this article, unless a different  meaning clearly appears from the context, the following terms shall have  the following meanings:    1. "Authorized depositor" means the comptroller with respect to linked  deposits made by the comptroller and the commissioner  of  taxation  and  finance  with  respect  to  linked  deposits made by the commissioner of  taxation and finance.    2. "Census" means the decennial census performed by the bureau of  the  census of the United States department of commerce.    3. "Census bureau" means the bureau of the census of the United States  department of commerce.    4.  "Certified  business"  means  a business located in an empire zone  created pursuant to article eighteen-B of the general municipal law  and  certified pursuant to such article as eligible for the benefits referred  to in section nine hundred sixty-six of such article.    5.  "Certified minority-or women-owned business" means any minority-or  women-owned business enterprise as defined in section three hundred  ten  of  the  executive  law  and certified pursuant to section three hundred  fourteen of the executive law.    6. "Comptroller" means the comptroller of the state of New York.    7. "Defense industry  manufacturer"  means  a  manufacturing  firm  as  defined  in subdivision eighteen of this section, twenty-five percent or  more of the gross revenues of which derive, either directly as  a  prime  contractor  or indirectly as a subcontractor of a prime contractor, from  department of defense or other military contracts.    8. "Department" means the department of economic development.    9. "Department of defense"  means  the  United  States  department  of  defense.    10.  "Empire  zone"  means  an empire zone created pursuant to article  eighteen-B of the general municipal law.    11. "Eligible business" means:    (a) a manufacturing firm which employs five hundred or fewer employees  within the state on a full-time basis; or    (b) any certified business in an empire zone  which  business  employs  one hundred or fewer employees within the state on a full-time basis; or    (b-1)  during  the  whole  or any portion of a period in which an area  continues to be designated as a renewal community, any renewal community  business located  in  such  area  that  employs  one  hundred  or  fewer  employees within the state on a full-time basis; or    (b-2)  during  the  whole  or any portion of a period in which an area  continues to be designated as an empowerment zone, any business  located  in  such  area  that  employs  one hundred or fewer employees within the  state on a full-time basis; or    (b-3) during the whole or any portion of a period  in  which  an  area  continues  to  be  designated  as  an enterprise community, any business  located in such area that employs one hundred or fewer employees  within  the state on a full-time basis; or    (c)  any  firm  seeking  financing  through  the program for an export  project, which firm employs one hundred or fewer  employees  within  the  state on a full-time basis; or    (d) any business located in a highly distressed area, which business:    (i)  is  not  a retail business, unless financing provided through the  program would promote the preservation of existing jobs or  an  increase  in the overall number of retail jobs in the area; and    (ii)  employs  one  hundred  or  fewer employees within the state on a  full-time basis; or(e) any certified minority-or women-owned business  seeking  financing  necessary  to  carry  out  a  procurement  contract  with  an  agency or  authority or other entity of the state or federal government; or    (f)  any service business that is independently owned and operated, is  not dominant in its field, employs one hundred or  fewer  persons  on  a  full-time  basis  within the state, and is seeking financing through the  program for a project that will result in the retention or  creation  of  permanent  private  sector  jobs within the state, other than a business  that sells a service rendered at a facility personally by an  individual  for  another  individual,  directly, without the intervention of a third  party, or  a  professional  service  business  such  as  health,  legal,  accounting, engineering, or architectural services.    12. "Eligible projects" means:    (a)  export  projects designed to increase a firm's export activities;  or    (b) for manufacturing and service firms, projects  which  involve  the  preparation   of   strategic   plans   for  improving  productivity  and  competitiveness;  the  introduction  of  modern  equipment   and/or   an  expansion   of   facilities   as  part  of  a  modernization  plan;  the  introduction  of  advanced  technologies  to  improve  productivity  and  quality;   improvements   in   production   processes   and  operations;  introduction of computerized information, reporting and control systems;  reorganization or improvement of work place systems and the introduction  of total quality and employee participation  programs;  development  and  introduction  of  new  products;  identification  and development of new  markets, including entry into foreign markets;  financial  restructuring  for  purposes  of  enabling  modernization activities; buyouts of viable  companies by employees or local owners residing in the  state;  and  the  provision  of  working  capital  for other modernization activities that  will improve the competitiveness and productivity of a firm  and  result  in the creation or retention of jobs; or    (c)  for  certified  businesses  located  in  empire zones, for retail  businesses located in highly distressed areas, for  eligible  businesses  that  are  defined  in  paragraph  (b-1)  of  subdivision eleven of this  section that are located in a renewal community, for eligible businesses  that are defined in  paragraph  (b-2)  of  subdivision  eleven  of  this  section  that  are  located  in  an  empowerment  zone, and for eligible  businesses that are defined in paragraph (b-3) of subdivision eleven  of  this  section that are located in an enterprise community, projects that  will create or retain full-time, permanent jobs within the  empire  zone  or empowerment zone or enterprise community or highly distressed area or  renewal community, as the case may be; or    (d)  for  defense  industry manufacturers, projects designed to reduce  dependence on department of defense and other military contracts and  to  change  or diversify production in order to take advantage of any market  other than that serving the department  of  defense  or  other  military  procurers; or    (e)  for  certified  minority-and  women-owned businesses, projects to  provide financing necessary to carry out a procurement contract with  an  agency or authority or other entity of the state or federal government.    12-a.  "Empowerment zone" means an area within the state that has been  designated by such term pursuant to section 1391 of the federal Internal  Revenue Code (26 United States Code § 1391) under the federal  Community  Renewal Tax Relief Act of 2000.    12-b.  "Enterprise  community" means an area within the state that has  been designated by such term pursuant to section  1391  of  the  federal  Internal  Revenue  Code (26 United States Code § 1391) under the federal  Community Renewal Tax Relief Act of 2000.13. "Highly distressed area" means: (a) a census tract  or  tracts  or  block  numbering  area  or areas or such census tract or block numbering  area contiguous thereto which, according to the most recent census  data  available, has:    (i)  a  poverty  rate of at least twenty percent for the year to which  the data relates or at least twenty percent of the households  receiving  public assistance; and    (ii)  an  unemployment  rate  of  at  least  one  and  twenty-five one  hundredths times the statewide unemployment rate for the year  to  which  the data relates; or    (b) a city, town, village or county within a city with a population of  one  million or more for which: (i) the ratio of the full value property  wealth, as determined by  the  comptroller  for  the  most  recent  year  determined,  per  resident  to the statewide average full value property  wealth per resident; and (ii) the ratio of the income per  resident,  as  shown  in  the  most  recent  census to the statewide average income per  resident; are each fifty-five percent or less of the statewide  average;  provided,  however, that an empire zone shall not be considered a highly  distressed area for purposes of this article.    14. "Lender" means:    (a)  any  commercial  bank  which  is  or  shall  become  an  approved  depository  of  state  funds under the provisions of section one hundred  five of this chapter and which agrees to participate in the program; or    (b) any thrift which an authorized depositor determines is eligible to  accept linked deposits based upon criteria  applied  by  the  authorized  depositor  in  making  determinations  under section one hundred five of  this chapter, and which agrees to participate in the  program,  provided  that  any  linked  deposit  in  such thrift shall be secured in the same  manner as moneys deposited pursuant to section one hundred five of  this  chapter  and  such thrifts shall pledge assets or furnish other security  satisfactory in form and amount to  the  authorized  depositor  for  the  repayment  of moneys. Until April first, nineteen hundred ninety-six, in  the determination of thrifts eligible to  accept  linked  deposits,  the  authorized  depositor  shall  give  priority  to  applications  by those  thrifts seeking to make linked loans in economic development regions  in  which  fewer  than  ten  linked  loans have been made on or before April  first,  nineteen  hundred  ninety-five.  Provided,  however,  that   the  granting  of  such  priority  shall  in  no  way  relieve  an authorized  depositor of his or  her  duty  and  obligation  to  review  all  thrift  applications  from  all  economic  development regions in the state on a  timely basis.    (c) any farm credit system institution which agrees to participate  in  the program.    (d) the New York business development corporation.    15.  "Linked  deposit"  means  a  deposit,  or  for farm credit system  institutions and  the  New  York  business  development  corporation  an  investment eligible to be held by such institution or corporation placed  with  a  lender  by  the comptroller or the commissioner of taxation and  finance for a period of four years at the linked deposit interest  rate,  provided the lender agrees to:    (a)  lend the equivalent value of such deposit to an eligible business  at the interest rate provided in section two hundred  eighteen  of  this  article; and    (b)  permit  the  deposit  to  be  comprised of a series of ninety day  deposits each bearing an interest  rate  equal  to  the  linked  deposit  interest rate fixed at the time the original deposit is placed.    This  article  and  the related statutes that refer to this article do  not grant thrifts, farm credit  system  institutions  or  the  New  Yorkbusiness  development  corporation eligibility to accept public funds or  public moneys from public entities for  investment  purposes.  For  farm  credit  system institutions, the linked deposit program is available for  loans  with an agricultural purpose as defined by the farm credit act of  nineteen hundred seventy-one, as  amended  and  regulations  promulgated  thereunder.  A  linked  deposit is intended to enable a lender to make a  linked loan to an eligible business and such deposit earns a yield lower  than posted rates in order to accomplish the goals of this article.    16. "Linked deposit interest rate" means:    (a) for a linked deposit made in connection with a linked  loan  to  a  certified  business in an empire zone or to an eligible business located  in a highly distressed area or to an eligible business that  is  defined  in paragraph (b-1) of subdivision eleven of this section that is located  in a renewal community or defined in paragraph (b-2) of such subdivision  that  is located in an empowerment zone or defined in paragraph (b-3) of  such  subdivision  that  is  located   in   an   enterprise   community,  respectively   for   eligible  projects  defined  in  paragraph  (c)  of  subdivision  twelve  of  this  section  or  a  certified  minority-   or  women-owned  business  enterprise  for  an  eligible  project defined in  paragraph (e) of subdivision twelve of this  section  or  to  a  defense  industry  manufacturer  for  a  project  defined  in  paragraph  (d)  of  subdivision twelve of this section, a fixed rate of  interest  which  is  three   hundred  basis  points  below  the  lender's  posted  four  year  certificate of deposit rate or, if the lender does not offer a four year  certificate of deposit, is three hundred basis points below the  average  statewide  rate  for  four year certificates of deposit as determined by  the commissioner of economic development;    (b) for a linked deposit made in connection with any linked loan other  than those specified in paragraph (a) of this subdivision, a fixed  rate  of  interest which is two hundred basis points below the lender's posted  four year certificate of deposit rate, or if the lender does not offer a  four year certificate of deposit, is two hundred basis points below  the  average  statewide  rate  for  four  year  certificates  of  deposit  as  determined by the commissioner of economic development.    17. "Linked loan" means a loan for purposes of an eligible project, in  an amount equal to a linked deposit and bearing interest for  the  first  four years at the interest rate provided in section two hundred eighteen  of this article.    18.  "Manufacturing  firm"  means  a  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.    19. "Program" means the excelsior linked deposit program.    20. "Thrift" means any savings bank or savings and  loan  association,  federal savings bank or federal savings and loan association.    21.  "Economic  development  region"  shall  refer  to  those  regions  established by  the  department  of  economic  development  pursuant  to  section two hundred thirty of the economic development law.    22.  "Renewal  community" means an area within the state that has been  designated by such term in accordance with section 1400E of the  federal  Internal  Revenue Code (26 United States Code § 1400E) under the federal  Community Renewal Tax Relief Act of 2000.    23. "Renewal community business" means a business that  is  designated  by  such  term pursuant to section 1400G of the federal Internal RevenueCode (26 United States Code § 1400G) under the federal Community Renewal  Tax Relief Act of 2000.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Stf > Article-15 > 213

§  213.  Definitions.  When  used  in this article, unless a different  meaning clearly appears from the context, the following terms shall have  the following meanings:    1. "Authorized depositor" means the comptroller with respect to linked  deposits made by the comptroller and the commissioner  of  taxation  and  finance  with  respect  to  linked  deposits made by the commissioner of  taxation and finance.    2. "Census" means the decennial census performed by the bureau of  the  census of the United States department of commerce.    3. "Census bureau" means the bureau of the census of the United States  department of commerce.    4.  "Certified  business"  means  a business located in an empire zone  created pursuant to article eighteen-B of the general municipal law  and  certified pursuant to such article as eligible for the benefits referred  to in section nine hundred sixty-six of such article.    5.  "Certified minority-or women-owned business" means any minority-or  women-owned business enterprise as defined in section three hundred  ten  of  the  executive  law  and certified pursuant to section three hundred  fourteen of the executive law.    6. "Comptroller" means the comptroller of the state of New York.    7. "Defense industry  manufacturer"  means  a  manufacturing  firm  as  defined  in subdivision eighteen of this section, twenty-five percent or  more of the gross revenues of which derive, either directly as  a  prime  contractor  or indirectly as a subcontractor of a prime contractor, from  department of defense or other military contracts.    8. "Department" means the department of economic development.    9. "Department of defense"  means  the  United  States  department  of  defense.    10.  "Empire  zone"  means  an empire zone created pursuant to article  eighteen-B of the general municipal law.    11. "Eligible business" means:    (a) a manufacturing firm which employs five hundred or fewer employees  within the state on a full-time basis; or    (b) any certified business in an empire zone  which  business  employs  one hundred or fewer employees within the state on a full-time basis; or    (b-1)  during  the  whole  or any portion of a period in which an area  continues to be designated as a renewal community, any renewal community  business located  in  such  area  that  employs  one  hundred  or  fewer  employees within the state on a full-time basis; or    (b-2)  during  the  whole  or any portion of a period in which an area  continues to be designated as an empowerment zone, any business  located  in  such  area  that  employs  one hundred or fewer employees within the  state on a full-time basis; or    (b-3) during the whole or any portion of a period  in  which  an  area  continues  to  be  designated  as  an enterprise community, any business  located in such area that employs one hundred or fewer employees  within  the state on a full-time basis; or    (c)  any  firm  seeking  financing  through  the program for an export  project, which firm employs one hundred or fewer  employees  within  the  state on a full-time basis; or    (d) any business located in a highly distressed area, which business:    (i)  is  not  a retail business, unless financing provided through the  program would promote the preservation of existing jobs or  an  increase  in the overall number of retail jobs in the area; and    (ii)  employs  one  hundred  or  fewer employees within the state on a  full-time basis; or(e) any certified minority-or women-owned business  seeking  financing  necessary  to  carry  out  a  procurement  contract  with  an  agency or  authority or other entity of the state or federal government; or    (f)  any service business that is independently owned and operated, is  not dominant in its field, employs one hundred or  fewer  persons  on  a  full-time  basis  within the state, and is seeking financing through the  program for a project that will result in the retention or  creation  of  permanent  private  sector  jobs within the state, other than a business  that sells a service rendered at a facility personally by an  individual  for  another  individual,  directly, without the intervention of a third  party, or  a  professional  service  business  such  as  health,  legal,  accounting, engineering, or architectural services.    12. "Eligible projects" means:    (a)  export  projects designed to increase a firm's export activities;  or    (b) for manufacturing and service firms, projects  which  involve  the  preparation   of   strategic   plans   for  improving  productivity  and  competitiveness;  the  introduction  of  modern  equipment   and/or   an  expansion   of   facilities   as  part  of  a  modernization  plan;  the  introduction  of  advanced  technologies  to  improve  productivity  and  quality;   improvements   in   production   processes   and  operations;  introduction of computerized information, reporting and control systems;  reorganization or improvement of work place systems and the introduction  of total quality and employee participation  programs;  development  and  introduction  of  new  products;  identification  and development of new  markets, including entry into foreign markets;  financial  restructuring  for  purposes  of  enabling  modernization activities; buyouts of viable  companies by employees or local owners residing in the  state;  and  the  provision  of  working  capital  for other modernization activities that  will improve the competitiveness and productivity of a firm  and  result  in the creation or retention of jobs; or    (c)  for  certified  businesses  located  in  empire zones, for retail  businesses located in highly distressed areas, for  eligible  businesses  that  are  defined  in  paragraph  (b-1)  of  subdivision eleven of this  section that are located in a renewal community, for eligible businesses  that are defined in  paragraph  (b-2)  of  subdivision  eleven  of  this  section  that  are  located  in  an  empowerment  zone, and for eligible  businesses that are defined in paragraph (b-3) of subdivision eleven  of  this  section that are located in an enterprise community, projects that  will create or retain full-time, permanent jobs within the  empire  zone  or empowerment zone or enterprise community or highly distressed area or  renewal community, as the case may be; or    (d)  for  defense  industry manufacturers, projects designed to reduce  dependence on department of defense and other military contracts and  to  change  or diversify production in order to take advantage of any market  other than that serving the department  of  defense  or  other  military  procurers; or    (e)  for  certified  minority-and  women-owned businesses, projects to  provide financing necessary to carry out a procurement contract with  an  agency or authority or other entity of the state or federal government.    12-a.  "Empowerment zone" means an area within the state that has been  designated by such term pursuant to section 1391 of the federal Internal  Revenue Code (26 United States Code § 1391) under the federal  Community  Renewal Tax Relief Act of 2000.    12-b.  "Enterprise  community" means an area within the state that has  been designated by such term pursuant to section  1391  of  the  federal  Internal  Revenue  Code (26 United States Code § 1391) under the federal  Community Renewal Tax Relief Act of 2000.13. "Highly distressed area" means: (a) a census tract  or  tracts  or  block  numbering  area  or areas or such census tract or block numbering  area contiguous thereto which, according to the most recent census  data  available, has:    (i)  a  poverty  rate of at least twenty percent for the year to which  the data relates or at least twenty percent of the households  receiving  public assistance; and    (ii)  an  unemployment  rate  of  at  least  one  and  twenty-five one  hundredths times the statewide unemployment rate for the year  to  which  the data relates; or    (b) a city, town, village or county within a city with a population of  one  million or more for which: (i) the ratio of the full value property  wealth, as determined by  the  comptroller  for  the  most  recent  year  determined,  per  resident  to the statewide average full value property  wealth per resident; and (ii) the ratio of the income per  resident,  as  shown  in  the  most  recent  census to the statewide average income per  resident; are each fifty-five percent or less of the statewide  average;  provided,  however, that an empire zone shall not be considered a highly  distressed area for purposes of this article.    14. "Lender" means:    (a)  any  commercial  bank  which  is  or  shall  become  an  approved  depository  of  state  funds under the provisions of section one hundred  five of this chapter and which agrees to participate in the program; or    (b) any thrift which an authorized depositor determines is eligible to  accept linked deposits based upon criteria  applied  by  the  authorized  depositor  in  making  determinations  under section one hundred five of  this chapter, and which agrees to participate in the  program,  provided  that  any  linked  deposit  in  such thrift shall be secured in the same  manner as moneys deposited pursuant to section one hundred five of  this  chapter  and  such thrifts shall pledge assets or furnish other security  satisfactory in form and amount to  the  authorized  depositor  for  the  repayment  of moneys. Until April first, nineteen hundred ninety-six, in  the determination of thrifts eligible to  accept  linked  deposits,  the  authorized  depositor  shall  give  priority  to  applications  by those  thrifts seeking to make linked loans in economic development regions  in  which  fewer  than  ten  linked  loans have been made on or before April  first,  nineteen  hundred  ninety-five.  Provided,  however,  that   the  granting  of  such  priority  shall  in  no  way  relieve  an authorized  depositor of his or  her  duty  and  obligation  to  review  all  thrift  applications  from  all  economic  development regions in the state on a  timely basis.    (c) any farm credit system institution which agrees to participate  in  the program.    (d) the New York business development corporation.    15.  "Linked  deposit"  means  a  deposit,  or  for farm credit system  institutions and  the  New  York  business  development  corporation  an  investment eligible to be held by such institution or corporation placed  with  a  lender  by  the comptroller or the commissioner of taxation and  finance for a period of four years at the linked deposit interest  rate,  provided the lender agrees to:    (a)  lend the equivalent value of such deposit to an eligible business  at the interest rate provided in section two hundred  eighteen  of  this  article; and    (b)  permit  the  deposit  to  be  comprised of a series of ninety day  deposits each bearing an interest  rate  equal  to  the  linked  deposit  interest rate fixed at the time the original deposit is placed.    This  article  and  the related statutes that refer to this article do  not grant thrifts, farm credit  system  institutions  or  the  New  Yorkbusiness  development  corporation eligibility to accept public funds or  public moneys from public entities for  investment  purposes.  For  farm  credit  system institutions, the linked deposit program is available for  loans  with an agricultural purpose as defined by the farm credit act of  nineteen hundred seventy-one, as  amended  and  regulations  promulgated  thereunder.  A  linked  deposit is intended to enable a lender to make a  linked loan to an eligible business and such deposit earns a yield lower  than posted rates in order to accomplish the goals of this article.    16. "Linked deposit interest rate" means:    (a) for a linked deposit made in connection with a linked  loan  to  a  certified  business in an empire zone or to an eligible business located  in a highly distressed area or to an eligible business that  is  defined  in paragraph (b-1) of subdivision eleven of this section that is located  in a renewal community or defined in paragraph (b-2) of such subdivision  that  is located in an empowerment zone or defined in paragraph (b-3) of  such  subdivision  that  is  located   in   an   enterprise   community,  respectively   for   eligible  projects  defined  in  paragraph  (c)  of  subdivision  twelve  of  this  section  or  a  certified  minority-   or  women-owned  business  enterprise  for  an  eligible  project defined in  paragraph (e) of subdivision twelve of this  section  or  to  a  defense  industry  manufacturer  for  a  project  defined  in  paragraph  (d)  of  subdivision twelve of this section, a fixed rate of  interest  which  is  three   hundred  basis  points  below  the  lender's  posted  four  year  certificate of deposit rate or, if the lender does not offer a four year  certificate of deposit, is three hundred basis points below the  average  statewide  rate  for  four year certificates of deposit as determined by  the commissioner of economic development;    (b) for a linked deposit made in connection with any linked loan other  than those specified in paragraph (a) of this subdivision, a fixed  rate  of  interest which is two hundred basis points below the lender's posted  four year certificate of deposit rate, or if the lender does not offer a  four year certificate of deposit, is two hundred basis points below  the  average  statewide  rate  for  four  year  certificates  of  deposit  as  determined by the commissioner of economic development.    17. "Linked loan" means a loan for purposes of an eligible project, in  an amount equal to a linked deposit and bearing interest for  the  first  four years at the interest rate provided in section two hundred eighteen  of this article.    18.  "Manufacturing  firm"  means  a  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.    19. "Program" means the excelsior linked deposit program.    20. "Thrift" means any savings bank or savings and  loan  association,  federal savings bank or federal savings and loan association.    21.  "Economic  development  region"  shall  refer  to  those  regions  established by  the  department  of  economic  development  pursuant  to  section two hundred thirty of the economic development law.    22.  "Renewal  community" means an area within the state that has been  designated by such term in accordance with section 1400E of the  federal  Internal  Revenue Code (26 United States Code § 1400E) under the federal  Community Renewal Tax Relief Act of 2000.    23. "Renewal community business" means a business that  is  designated  by  such  term pursuant to section 1400G of the federal Internal RevenueCode (26 United States Code § 1400G) under the federal Community Renewal  Tax Relief Act of 2000.