N.Y. Public Authorities Law § 1199-bbb: Definitions

§ 1199-bbb. 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 ninety-nine-ddd 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

Saratoga 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.

4-a. "Civil service commission" shall mean the personnel officer of

the county of Saratoga or any other person or entity acting as the civil

service commission of the county of Saratoga.

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

6. "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 herein; 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.

7. "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 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.

8. "County" shall mean the county of Saratoga.

9. "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 such water.

10. "District" shall mean the Saratoga county water authority district

created by section one thousand one hundred ninety-nine-ccc of this

title.

11. "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.

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

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

county or town acting on behalf of an improvement district, any other

instrumentality, including any agency, or public corporation of the

state, or any of the foregoing or any combination thereof.

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

joint venture or corporation, exclusive of a public corporation.

15. "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.

16. "Personnel officer" shall mean the personnel officer of the county

of Saratoga.

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

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

18. "State" shall mean the 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 by the authority 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 but in

no event shall "system revenues" mean an ad valorem levy on real or

personal property within the authority or any part thereof.

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 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.

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.