Sec. 2606.2. Definitions

Unless defined herein, terms used in this Part shall have the meaning set forth under section 56-0101 of the Environmental Conservation Law (ECL). Terms used in this Part have the following meanings:

(a) Business means any individual, sole proprietorship, partnership, corporation, limited liability company or any other entity operating or licensed to operate in New York State, including a small business.

(b) Certified equipment means equipment that has been certified by the corporation, the department or another agency of the State as eligible for funding pursuant to this Part.

(c) Corporation means the New York State Environmental Facilities Corporation, or its successor, unless otherwise indicated.

(d) Cost means the cost of an approved eligible project, which shall include appraisal, surveying, engineering and architectural services, plans and specifications, consultant and legal services, construction and other direct expenses incident to such project less any Federal or State funds, other than those provided pursuant to article 56 of the ECL, for such project received or to be received.

(e) Department means the Department of Environmental Conservation of New York State.

(f) Disbursement means a transfer of State assistance to the project owner from the corporation, or its custodian, pursuant to a State assistance contract.

(g) ECL means chapter 43-B of the Consolidated Laws of New York State, entitled the Environmental Conservation Law.

(h) Eligible project means a business environmental compliance assistance project which enhances the quality of the waters or air of the State through compliance with environmental laws and regulations, or which remedies or prevents environmental deficiencies, and which the corporation has determined is eligible for funding under this Part.

(i) Environmental compliance assistance project means the planning, design, construction, improvement, maintenance, or acquisition of facilities, production processes, equipment, buildings or water or wastewater infrastructure for compliance with environmental laws and regulations or other pollution avoidance activities.

(j) Financial Assistance to Business (FAB) Program means the program for providing State assistance for eligible projects pursuant to article 56 of the ECL and this Part. The FAB Program includes the FAB Air Program and the FAB Water Program.

(k) FAB Air Program means the program established by ECL section 56-0611 to provide State assistance for small business environmental compliance assistance projects which enhance the quality of the air of the State through compliance with environmental laws and regulations, or by remedy or prevention of environmental deficiencies.

(l) FAB Water Program means the program established by ECL section 56-0303 to provide State assistance for business environmental compliance assistance projects which enhance the quality of the waters of the State through compliance with environmental laws and regulations, or to remedy or prevent environmental deficiencies.

(m) Municipality means any village, town or city with a population of less than one million.

(n) Project means an environmental compliance assistance project, unless otherwise specified.

(o) Principal means a sole proprietor; or a general partner of a partnership; or a majority shareholder or executive officer of a corporation; or a member of a limited liability corporation.

(p) Project owner means the business, municipality, school district, not-for-profit corporation or public benefit corporation which owns or operates the environmental compliance assistance project with respect to which State assistance is being sought, or provided, pursuant to this Part.

(q) Request for financial assistance (RFA) form means a project-specific information sheet to be filled out by a project owner in connection with its request for State assistance pursuant to this Part.

(r) SEQRA means the State Environmental Quality Review Act, constituting article 8 of the ECL.

(s) Small business means any business which is resident in the State, independently owned and operated, not dominant in its field, and employs not more than 100 individuals.

(t) State means the State of New York.

(u) State assistance means moneys paid or to be paid by the corporation pursuant to this Part to, or on behalf of, a project owner to pay all, or a portion, of the costs of an eligible project.

(v) State assistance contract means a contract by and between the corporation and a project owner for the payment by the corporation of State assistance.

(w) State assistance payment means payment of the State share of the cost of projects authorized by the Clean Water/Clean Air Bond Act of 1996 to preserve, enhance, restore and improve the quality of the State's environment.

(x) Useful life means the number of years the certified equipment is expected to remain in service as determined by the corporation.