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What is NYC AC § 22-821?

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This section provides definitions for key terms used in the subchapter, including 'affiliate', 'cruise terminal', and 'contracted entity'. The definitions clarify the roles and responsibilities of various entities involved in economic development and traffic mitigation related to cruise terminals. Applies to entities engaged in contracts with the city.

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§ 22-821 Definitions.

AC § 22-821

Editor's note: this section has been amended by L.L. 2025/067, 5/24/2025, eff. 7/1/2026. As used in this subchapter: Affiliate. The term "affiliate" means (i) a business entity in which more than 50 percent is owned by, or is subject to a power or right of control of, or is managed by, a person that is a party to an active project agreement, or (ii) a person that owns more than 50 percent of a business entity that is party to an active project agreement or that exercises a power or right of control of a person that is a party to an active project agreement. Brooklyn navy yard development entity. The term "Brooklyn navy yard development entity" means a not-for-profit corporation that contracts with the city to lease and/or operate the area encompassing block 2023, lots 1, 50 and 150 in Kings county, commonly known as the Brooklyn navy yard. Commissioner. The term "commissioner" means the commissioner of small business services. Community traffic mitigation plan. The term “community traffic mitigation plan” means a plan, developed in consultation with the department of transportation and the police department, that outlines proposed measures to reduce private or for-hire vehicle usage and encourage use of public transportation in a neighborhood where a cruise terminal is located in order to address traffic congestion and other disruptions resulting from the loading or unloading of cruise ships or similar vessels at a cruise terminal. Contracted entity. The term "contracted entity" means a local development corporation or other not-for-profit corporation, a majority of whose members are appointed by the mayor, that contracts with the city to provide or administer economic development benefits on behalf of the city and expending city capital appropriations in connection therewith, except that such term does not include the Brooklyn navy yard development entity. Covered contract. The term "covered contract" means any contract under which a contracted entity is engaged in providing or administering economic development benefits on behalf of the city. Covered maritime contract. The term “covered maritime contract” means any contract under which a contracted entity is engaged in providing or administering economic development benefits relating to cruise terminals on behalf of the city. Cruise terminal. The term “cruise terminal” means an area of a port designated for the loading and unloading of cruise ships or similar vessels that is: (i) owned by the city and administered by a contracted entity pursuant to a covered maritime contract; or (ii) leased by a contracted entity. Cruise terminal operator. The term “cruise terminal operator” means an entity that operates, manages and maintains a cruise terminal pursuant to an agreement with the city or a contracted entity. Department. The term "department" means the department of small business services. Master plan. The term "master plan" means a Brooklyn navy yard development entity's plan for the overall utilization of the property encompassing block 2023, lots 1, 50 and 150 in Kings county, commonly known as the Brooklyn navy yard. Project agreement. The term "project agreement" means the contract or agreement providing assistance, as such assistance is described by subparagraph (b) of paragraph 1 of subdivision b of section 22-823, to any project carried out pursuant to a covered contract. Shore power. The term “shore power” means the provision of electrical power from the shore that a vessel at berth can access, thereby allowing the engine of such vessel to shut down. (L.L. 2017/222, 12/1/2017, eff. 1/15/2018; Am. L.L. 2021/032, 3/28/2021, eff. 3/28/2021; Am. L.L. 2024/054, 4/6/2024, eff. 4/6/2024) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/032.

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