Section 870-RICR-30-00-2.5 - DefinitionsA. The following words and terms, when used in these Rules, shall have the following meanings, unless the context clearly indicates otherwise:1. "Act" means R.I. Gen. Laws Chapter 42-64.22 known as the Tax Stabilization Incentive.2. "Adaptive reuse" means the conversion of an existing structure from the use of which it was constructed to a new use by maintaining elements of the structure and adapting such elements to a new use.3. "Affiliate" means an entity that directly or indirectly controls, is under common control with, or is controlled by a Business. Control exists in all cases in which the entity is a member of a controlled group of corporations as defined pursuant to § 1563 of the Internal Revenue Code of 1986 (26 U.S.C. § 1563) or the entity is an organization in a group of organizations under common control as defined pursuant to subsection (b) or (c) of § 414 of the Internal Revenue Code of 1986 (26 U.S.C. § 414). A taxpayer may establish by clear and convincing evidence, as determined by the tax administrator, that control exists in situations involving lesser percentages of ownership than required by those statues. An affiliate of a Business may contribute to meeting either the Capital Investment or Full-Time Job requirements for a grant of incentives under these Rules.4. "Affordable housing" means housing for sale or rent with combined rental costs or combined mortgage loan debt service, property taxes, and required insurance that do not exceed thirty percent (30%) of the gross annual income of a household earning up to eighty percent (80%) of the Providence-Fall River, RI-MA metropolitan area median income, as defined annually by the United States Department of Housing and Urban Development.5. "Applicant" means a Qualifying Community or Hope Community applying for an incentive under these Rules.6. "Application" means the application promulgated by the Corporation, which must be completed and submitted by an Applicant pursuant to the requirements of the Act and these Rules.7. "Business" means a corporation as defined in R.I. Gen. Laws § 44-11-1(4), or a partnership, an S corporation, a non-profit corporation, a sole proprietorship, or a limited ability corporation. A Business shall include an Affiliate of the Business if that Business applies for a tax stabilization agreement based upon any Capital Investment made by an Affiliate.8. "Capital investment" means expenses by a Business or any Affiliate of the Business in a Qualified Development Project incurred after application for a tax stabilization agreement for: a. site preparation and construction, repair, renovation, improvement, equipping, or furnishing on real property or of a building, structure, facility, or improvement to real property; and/orb. obtaining and installing furnishings and machinery, apparatus, or equipment, including but not limited to material goods for the operation of a business on real property or in a building, structure, facility, or improvement to real property.c. In addition to the foregoing, if a Business acquires or leases a Qualified Development Project, the capital investment made or acquired by the seller or owner, as the case may be, if pertaining primarily to the premises of the Qualified Development Project, shall be considered a capital investment by the Business and, if pertaining generally to the Qualified Development Project being acquired or leased, shall be allocated to the premises of the Qualified Development Project on the basis of the gross leasable area of the premises in relation to the total gross leasable area in the Qualified Development Project. The capital investment described herein may include any capital investment made or acquired within twenty-four (24) months prior to the date of Application so long as the amount of capital investment made or acquired by the Business, any Affiliate of the Business, or any owner after the date of Application equals at least fifty percent (50%) of the amount of capital investment, allocated to the premises of the Qualified Development Project being acquired or leased on the basis of the gross leasable area of such premises in relation to the total gross leasable area in the Qualified Development Project made or acquired prior to the date of Application.9. "Certified historic structure" means a property which is located in the State and is:a. listed individually on the national register of historic places; orb. listed individually in the State register of historic places; orc. located in a registered historic district and certified by either the Rhode Island Historical Preservation & Heritage Commission or Secretary of the Interior as being of historic significance to the district.10. "Corporation" means the Rhode Island Corporation established pursuant to R.I. Gen. Laws Chapter 42-64.11. "Commercial" means non-residential development.12. "Developer" means a person, firm, corporation, partnership, association, political subdivision, or other entity that proposes to divide, divides, or causes to be divided real property into a subdivision or proposes to build, or builds a building or buildings or otherwise improves land or existing structures, which division, building, or improvement qualifies for benefits under this Part.13. "Eligibility period" means the period in which a Qualifying Community and/or Hope Community may apply for reimbursement under the Act and these Rules. The eligibility period shall be subject to the term defined in the Qualifying Tax Stabilization Agreement granted by said community. The amounts subject to reimbursement shall cease upon any termination or cessation of the underlying Qualifying Tax Stabilization Agreement.14. "Forgone tax revenue" means the amount of revenue that a municipality would have received from a Qualified Development Project had a tax stabilization agreement not been in place, less the amount of revenue the municipality would be expected to receive from that Qualified Development Project with a Qualifying Tax Stabilization Agreement in place; the Corporation shall have the sole discretion to determine the Forgone Tax Revenue for a Qualified Development Project.15. "Full-time job" means a position for which a person is employed by a Business for consideration for a minimum of at least thirty-five (35) hours per week, or who renders any other standard of service generally accepted by custom or practice as full-time employment, or who is employed by a professional employer organization pursuant to an employee leasing agreement between the Business and the professional employer organization for a minimum of thirty-five (35) hours per week, or who renders any other standard of service generally accepted by custom or practice as full-time employment, and whose wages are subject to withholding.16. "Hope community" means a municipality for which the five (5) year average percentage of families with income below the federal property level exceeds the State five (5) year average percentage, both as most recently reported by the U.S. Department of Commerce, Bureau of the Census.17. "Project cost" means the costs incurred by a Developer in connection with the Qualified Development Project until the issuance of a permanent certificate of occupancy, or until such other time specified by the Corporation including, but not limited to, costs for lands, buildings, improvements, real and personal property or any interest therein, including the site, space or air rights, acquired, owned, developed or redeveloped, constructed, reconstructed, rehabilitated or improved, and any environmental remediation costs, plus reasonable soft costs as determined by the Corporation, and ancillary infrastructure projects and infrastructure improvements, as permitted in the sole discretion of the Corporation.18. "Recognized historical structure" means a property which is located in the State and is commonly considered to be of historic or cultural significance as determined by the Corporation in consultation with the State Historic Preservation Officer.19. "Qualifying communities" are those municipalities within the State that are not defined as a Hope Community.20. "Qualified development project" includes:a. Rehabilitation of an existing structure where the total cost of the development budget exceeds fifty percent (50%) of adjusted basis in the proposed project as of the date that the Developer applied for a Qualifying Tax Stabilization Agreement; orb. Construction of a new building wherein:(1) the subject community has issued a tax stabilization agreement, as set forth herein and pursuant to R.I. Gen. Laws § 44-3-9 as well as other applicable rules, regulations and, procedures;(2) construction commences within twelve (12) months of the subject tax stabilization agreement being approved; and(3) completion of the proposed project occurs within thirty-six (36) months, subject to the approval of Qualifying or Hope Communities.21. "Qualifying tax stabilization agreement" are those tax stabilization agreements with a minimum term of twelve (12) years, granted by a Qualifying and/or Hope Community in connection with a Qualified Development Project.22. "State" means the State of Rhode Island and Providence Plantations.23. "Workforce housing" means housing for sale or rent with combined rental costs or combined mortgage loan debt service, property taxes, and required insurance that do not exceed thirty percent (30%) of the gross annual income of a household earning between eighty percent (80%) and one hundred and forty percent (140%) of the Providence-Fall River, RI-MA metropolitan area median income, as defined annually by the United States Department of Housing and Urban Development.870 R.I. Code R. 870-RICR-30-00-2.5