N.Y. Public Authorities Law § 1149-a: Definitions

§ 1149-a. 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 one

thousand one hundred forty-nine-c of this title.

2. "Board" shall mean the members of the authority constituting and

acting as the governing board of the authority.

3. "Board of supervisors" shall mean the board of supervisors of

Seneca county.

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

indebtedness issued by the authority pursuant to this title, and the

provisions of this title relating to bonds and bondholders shall apply

with equal force and effect to notes and noteholders, respectively,

unless the context otherwise clearly requires.

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

of the county of Seneca.

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

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

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

extension, reconstruction, interconnection, renovation or rehabilitation

of a water, sewerage or water and sewerage facility, as the case may be;

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 preliminary or

incidental thereto.

8. "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, interest prior to, during

and after construction to the extent not paid or provided for from

revenues or other sources, the cost of engineering and architectural

surveys, plans and specifications, the cost of consultant and legal

services, the cost of lease guarantee or bond insurance or other credit

enhancement associated with bonds of the authority (including notes) and

the cost of other expenses necessary or incidental to the construction

of such project and the financing of the construction thereof, including

the amount authorized in the resolution of the authority providing for

the issuance of bonds to be paid into any reserve or other special fund

from the proceeds of such bonds and the financing of the placing of any

project in operation, including the reimbursement to the county, or 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.

9. "County" shall mean the county of Seneca.

10. "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.

11. "District" shall mean the Seneca county water and sewer authority

district created by section eleven hundred forty-nine-b of this title.

12. "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;

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

13. "Members" shall mean the members of the board.

14. "Municipality" shall mean any county, city, town, village,

improvement district under the town law, any other such instrumentality,

including any agency or public corporation of the state, or any of the

foregoing or any combination thereof.

15. "Person" shall mean any natural person, partnership, association,

joint venture or corporation, exclusive of a public corporation.

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

and interests in land, waters, lands underwater, groundwater, riparian

rights and air rights and any and all things and rights included within

said 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. "Sewage" means the water-carried human or animal wastes from

residences, buildings, industrial establishments or other places,

together with such groundwater infiltration and surface water as may be

present. The admixture with sewage of industrial or other waste also

shall be considered "sewage" within the meaning of this title.

19. "Sewerage facility" or "sewerage facilities" means any plants,

structures and other real and personal property acquired, rehabilitated

or constructed or planned for the purpose of collecting, conveying,

pumping, treating, neutralizing, storing and disposing of sewage,

including but not limited to main, trunk, intercepting, connecting,

lateral, outlet or other sewers, outfalls, pumping stations, treatment

and disposal plants, groundwater recharge basins, back-flow prevention

devices, sludge dewatering or disposal equipment and facilities,

clarifiers, filters, phosphorus removal equipment and other plants,

works, structures, equipment, vehicles, conveyances, contract rights,

franchises, approaches, connections, permits, real or personal property

or rights therein and appurtenances thereto necessary or useful and

convenient for the collection, conveyance, pumping, treatment,

neutralizing, storing and disposing of sewage.

20. "State" shall mean the state of New York.

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

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

agency or instrumentality of the state.

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

groundwater or surface water available for delivery into a transmission

facility or distribution system.

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

payments and other income and receipts derived by the authority

including, 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.

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

water from a supply facility to a distribution system.

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

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

structures or other real and personal property acquired, rehabilitated

or constructed or planned for the purpose of accumulating, 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, pumps, water

distribution systems, compensating reservoirs, intake stations,

waterworks or sources of water supply, wells, purification or filtration

plants or other treatment plants and works, approaches, connections,

water meters, rights of flowage or diversion and other plants,

structures, equipment, vehicles, 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.

27. "Water project" shall mean any sewerage facility, water facility

or water and sewerage facility, as the case may be, including the

planning, development, financing or construction thereof.

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

department of health pursuant to section eleven hundred of the public

health law.