N.Y. Public Authorities Law § 1232-b: Definitions

§ 1232-b. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Attorney general" means the state attorney general.

2. "Authority" means the public benefit corporation created by section

twelve hundred thirty-two-c of this title.

3. "Bonds" means 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. "Comptroller" means the state comptroller.

5. "Construction" means the negotiation, acquisition, erection,

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

extension, reconstruction, interconnection, renovation or rehabilitation

of storm water resources facility, sewerage facility or storm water

resources and sewerage facility as the case may be; the inspection and

supervision thereof; and the engineering, architectural, legal,

appraisal, fiscal, environmental and economic investigations, services

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

procedures and other actions preliminary or incidental thereto.

6. "Cost" as applied to any project, includes the cost of

construction, the cost of the acquisition of all property both real and

personal, and improved and unimproved; the cost of demolishing, removing

or relocating any buildings or structures on lands so acquired,

including the cost of acquiring any lands to which such buildings or

structures may be moved or relocated; the cost of all systems,

facilities, machinery, apparatus, fixtures 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

reimbursement to the county, or any municipality, state agency, the

state, the United States government, or any other person for

expenditures that would be costs of the project hereunder had they been

made directly by the authority.

7. "County" means the county of Nassau.

8. "County charter" or "charter of the county" means the county

government law of Nassau county.

9. "County executive" means the county executive of the county.

10. "County legislature" means the county legislature of the county.

11. "District" means the Nassau county sewer and storm water resources

district created by the chapter of the laws of two thousand three that

added this title.

12. "Facility" or "facilities" means collectively a sewerage facility

or sewerage facilities and storm water resources facility or storm water

resources facilities.

13. "Governing body" means the members of the authority constituting

and acting as the governing body of the authority.

14. "Municipality" means any county, city, town, village, improvement

district under the town law, commissioner-run district, any other such

instrumentality, including any agency, or public corporation of the

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

15. "Person" means any natural person, partnership, association, joint

venture, limited liability company or corporation, exclusive of a public

corporation as defined pursuant to article two-A of the general

construction law.

16. "Prior districts" means the twenty-seven county sewage collection

districts and three county sewage disposal districts heretofore

established by the county pursuant to the county charter and existing on

the day immediately prior to the effective date of this title.

17. "Project" means any storm water resources facility, sewerage

facility or storm water resources and sewerage facility, as the case may

be, including the acquisition, planning, development, financing or

construction thereof.

18. "Properties" means the storm water resources, sewerage and storm

water resources and sewerage system or systems of the authority, whether

situated within or without the territorial limits of the district,

including the plants, works, structures, instrumentalities or parts

thereof and appurtenances thereto, real property, storm water resources

facilities, sewerage facilities or any other property incidental to and

included in such system or systems or part thereof, and any

improvements, extensions and betterments.

19. "Real property" means lands, structures, franchises, rights and

interests in lands, waters, lands underwater, riparian rights and air

rights, and any and all things and rights included within said term and

includes not only fees 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.

20. "Revenues" means all payments and other income and receipts

derived by the authority including, without limiting the generality of

the foregoing, investment proceeds and proceeds of insurance and

condemnation, together with all federal, state or municipal aid.

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

residences, buildings, industrial establishments or other places,

together with such ground water infiltration and surface water as may be

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

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

22. "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, ground water 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 and to the extent not

covered by the foregoing, any facilities operated and maintained by the

prior districts.

23. "Sewerage services" means the collection, treatment and disposal

of sewage, any services provided by a sewerage facility and any other

service related thereto.

24. "State" means the state of New York.

25. "State agency" means any state officer, public benefit

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

other agency or instrumentality of the state.

26. "Storm water resources facility" or "storm water resources

facilities" means any plants, structures and other real and personal

property acquired, rehabilitated, constructed or planned for the purpose

of providing storm water resources services, including but not limited

to accumulating, transmitting or treating surface water, storm water or

ground water, including but not limited to surface water, storm water or

ground water reservoirs, basins, dams, canals, aqueducts, standpipes,

outfalls, conduits, pipelines, mains, pumping stations, pumps, ditches,

wells, injection wells, treatment plants and works, contract rights,

franchises, approaches, connections, permits, meters, rights of flowage

or diversion and other plants, structures, equipment, vehicles,

conveyances, real or personal property or rights therein and

appurtenances thereto necessary or useful and convenient for the

accumulation, transmission, or treatment of surface water or ground

water; provided, however, that such facilities shall not include any

facility for the provision of potable water.

27. "Storm water resources services" means the collection, treatment

and disposal of storm water and contaminated surface water or ground

water; the development, implementation and monitoring of insect control

programs; the monitoring and testing of surface and ground water

quality; the development and implementation of hazardous waste testing

programs; the development and implementation of hydro-geological studies

and reports of the territory encompassing the district; and any services

provided by a storm water resources facility and any other service

related thereto; provided, however, that such services shall not include

the provision of potable water; provided further that in no way shall

the provisions of this title be construed to expand storm water related

services for which the authority is authorized to provide beyond such

services provided by the county department of public works prior to the

effective date of this title.