Terms Used In New York Laws > Environmental Conservation > Article 15 > Title 17 - Water Power

• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Approved provider: means an entity meeting such criteria as shall be established by the commissioner in rules and regulations promulgated pursuant to this article, that may provide eligible training to employees of a business entity participating in the employee training incentive program; provided that, for internship programs, the business entity shall be an approved provider or an approved provider in contract with such business entity. See N.Y. Economic Development Law Law 441
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Commissioner: means the commissioner of economic development. See N.Y. Economic Development Law Law 441
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dependent: A person dependent for support upon another.
• Eligible training: means (a) training provided by the business entity or an approved provider that is:
  
  (i) to upgrade, retrain or improve the productivity of employees;
  
  (ii) provided to employees in connection with a significant capital investment by a participating business entity;
  
  (iii) determined by the commissioner to satisfy a business need on the part of a participating business entity;
  
  (iv) not designed to train or upgrade skills as required by a federal or state entity;
  
  (v) not training the completion of which may result in the awarding of a license or certificate required by law in order to perform a job function; and
  
  (vi) not culturally focused training; or
  
  (b) an internship program in advanced technology, life sciences, software development or clean energy approved by the commissioner and provided by the business entity or an approved provider, on or after August first, two thousand fifteen, to provide employment and experience opportunities for current students, recent graduates, and recent members of the armed forces. See N.Y. Economic Development Law Law 441
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
• Fraud: Intentional deception resulting in injury to another.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Life sciences: means agricultural biotechnology, biogenerics, bioinformatics, biomedical engineering, biopharmaceuticals, academic medical centers, biotechnology, chemical synthesis, chemistry technology, medical diagnostics, genomics, medical image analysis, marine biology, medical devices, medical nanotechnology, natural product pharmaceuticals, proteomics, regenerative medicine, RNA interference, stem cell research, medical and neurological clinical trials, health robotics and veterinary science. See N.Y. Economic Development Law Law 441
• Life sciences company: is a business entity or an organization or institution that devotes the majority of its efforts in the various stages of research, development, technology transfer and commercialization related to any life sciences field. See N.Y. Economic Development Law Law 441
• municipal corporation: includes a county, city, town and village. See N.Y. Environmental Conservation Law 15-0107
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means any individual, firm, co-partnership, association or corporation other than the state and a "public corporation. See N.Y. Environmental Conservation Law 15-0107
• Public corporation: means "public corporation" as defined in subdivision one of § 3 of the General Corporation Law and includes all public authorities, except the Power Authority of the State of New York. See N.Y. Environmental Conservation Law 15-0107
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Significant capital investment: means a capital investment in new business processes or equipment, the cost of which is equal to or exceeds ten dollars for every one dollar of tax credit allowed to an eligible business entity under this program pursuant to subdivision fifty of section two hundred ten-B or subsection (ddd) of § 606 of the tax law. See N.Y. Economic Development Law Law 441
• Strategic industry: means an industry in this state, as established by the commissioner in regulations promulgated pursuant to this article, based upon the following criteria:
  
  (a) shortages of workers trained to work within the industry;
  
  (b) technological disruption in the industry, requiring significant capital investment for existing businesses to remain competitive;
  
  (c) the ability of businesses in the industry to relocate outside of the state in order to attract talent;
  
  (d) the potential to recruit minorities and women to be trained to work in the industry in which they are traditionally underrepresented;
  
  (e) the potential to create jobs in economically distressed areas, which shall be based on criteria indicative of economic distress, including poverty rates, numbers of persons receiving public assistance, and unemployment rates; or
  
  (f) such other criteria as shall be developed by the commissioner in consultation with the commissioner of labor. See N.Y. Economic Development Law Law 441
• Water power: shall be construed to mean power developed from falling or flowing water, and all electrical current and other forms of energy into which such power may be transformed. See N.Y. Environmental Conservation Law 15-0107
• Waters: shall be construed to include lakes, bays, sounds, ponds, impounding reservoirs, springs, wells, rivers, streams, creeks, estuaries, marshes, inlets, canals, the Atlantic ocean within the territorial limits of the state of New York, and all other bodies of surface or underground water, natural or artificial, inland or coastal, fresh or salt, public or private, which are wholly or partially within or bordering the state or within its jurisdiction. See N.Y. Environmental Conservation Law 15-0107