N.Y. Public Authorities Law § 1114-b*2: Definitions

* § 1114-b. Definitions. As used or referred to in this title, unless

a different meaning clearly appears from the context:

1. "Authority" shall mean the corporation created by section eleven

hundred fourteen-d of this title.

2. "Board of directors" shall mean the governing board of the

authority.

3. "Bonds" shall mean the bonds, notes or other evidences of

indebtedness issued by the authority pursuant to this title.

4. "Calendar year" shall mean the twelve month period from January

first through December thirty-first.

5. "Chief executive officer" when referring to a municipality shall

mean the chief elected official of such municipality and, when referring

to the authority, shall mean the chairperson of the authority.

6. "Civil service commission" shall mean the civil service commission

of the county of Nassau.

7. "Comptroller" shall mean the comptroller of the state of New York.

8. "Construction" shall mean the negotiation, acquisition, erection,

building, alteration, improvement, testing, increase, enlargement,

extension, reconstruction, interconnection, renovation or rehabilitation

of a water facility as defined in this section; the inspection and

supervision thereof; and the engineering, architectural, legal,

appraisal, fiscal, economic and environmental investigations, services

and studies, surveys, designs, plans, working drawings, specifications,

procedures and other actions incidental thereto.

9. "Costs", as applied to any project, shall include the cost of

construction, the cost of the acquisition of all property, including

both real, personal and mixed, the cost of demolishing, removing or

relocating any buildings or structures on lands so acquired including

the cost of acquiring any land to which such buildings or structures may

be moved or relocated, the cost of all systems, facilities, machinery,

apparatus and equipment, financing charges and bond discount, interest

to the extent not paid or provided for from revenues or other sources,

the cost of engineering and architectural surveys, plans and

specifications, bond insurance, bond credit enhancement arrangements,

other expenses necessary or incidental to the construction of such

project and the financing of the construction thereof, including the

cost of legal and financial advices and credit arrangements with banks

or other financial institutions, the amount authorized in the resolution

of the authority providing for the issuance of bonds to be paid into any

reserve or special fund from the proceeds of such bonds and the

financing of the placing of any project in operation, including the

reimbursement to any municipality, state agency, the state, the United

States government, or any other person for expenditures made by them

that would be costs of the project hereunder, notwithstanding the fact

that such expenditures may have been incurred prior to the effective

date of this title.

10. "County" shall mean the county of Nassau.

11. "Distribution system" shall mean the water facility or facilities

employed to deliver water from a transmission facility, or where there

is no transmission facility, from a supply facility, to the ultimate

consumers of water.

12. "District" shall mean the water authority of North Shore water

district created by section eleven hundred fourteen-c of this title.

13. "Governing body" shall mean:

(a) in the case of a city, county, town or village or district

corporation, the finance board as such term is defined in the local

finance law; or

(b) in the case of a public benefit corporation, the members thereof.

14. "Members" shall mean the members of the board of directors.

15. "Municipality" shall mean any city, county, town, village or

county or town acting on behalf of an improvement district.

16."Real property" shall mean lands, structures, franchises and

interests in land, waters, lands under water, groundwater riparian

rights and air rights and any and all things and rights customarily

included within the term "real property" and includes not only fee

simple absolute, but also any and all lesser interests including, but

not limited to, easements, rights of way, uses, leases, licenses and all

other incorporeal hereditaments and every estate, interest or right,

legal or equitable, including terms for years and liens thereon by way

of judgments, mortgages or otherwise.

17. "State sanitary code" shall mean regulations adopted pursuant to

section two hundred twenty-five of the public health law.

18. "State" shall mean state of New York.

19. "State agency" shall mean any state office, public benefit

corporation, department, board, commission, bureau or division, or other

agency or instrumentality of the state.

20. "Supply facility" shall mean a water facility employed to make

groundwater or surface water available for delivery into a transmission

facility or distribution system.

21. "System revenues" shall mean all rates, rents, fees, charges,

payments and other income and receipts derived from users of the

authority without limiting the generality of the foregoing, investment

proceeds and proceeds of insurance, condemnation, sales or other

dispositions of assets, together with all federal, state or municipal

aid as well as any other income derived from the operation of the water

facility of the authority.

22. "Transmission facility" shall mean a water facility used to carry

water from a supply facility to a distribution system.

23. "Treasurer" shall mean the treasurer of the authority.

24. "Water facility" or "water facilities" shall mean any plants,

structures and other real and personal property acquired, rehabilitated

or constructed for the purpose of supplying, transmitting, distributing

or treating water, including but not limited to surface or groundwater

reservoirs, basins, dams, canals, aqueducts, standpipes, conduits,

pipelines, mains, pumping stations, water distribution systems,

compensating reservoirs, intake stations, waterworks or sources of water

supply, wells, purification or filtration plants or other treatment

plants and works, connections, water meters, rights of flowage or

diversion and other plants, structures, equipment, towers, conveyances,

real or personal property or rights therein and appurtenances thereto

necessary or useful and convenient for the accumulation, supply,

transmission, treatment or distribution of water.

25. "Water project" shall mean any water facility, including the

planning, development, financing or construction thereof.

26. "Watershed rules" shall mean the rules and regulations made by the

department of health pursuant to section eleven hundred of the public

health law.

* NB There are 2 § 1114-b's