N.Y. Public Authorities Law § 1261: Definitions

§ 1261. 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 twelve

hundred sixty-three of this title.

2. "Authority facilities" shall mean the authority's railroad,

omnibus, marine and aviation facilities and operations pursuant to joint

service arrangements.

3. "Budget" shall mean the preliminary, final proposed and adopted

final plans of the authority, and each of its agencies.

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

5. "Equipment" shall mean rolling stock, omnibuses, vehicles, air,

marine or surface craft, motors, boilers, engines, wires, ways, conduits

and mechanisms, machinery, tools, implements, materials, supplies,

instruments and devices of every nature whatsoever used or useful for

transportation purposes or for the generation or transmission of motive

power including but not limited to all power houses, and all apparatus

and all devices for signalling, communications and ventilation as may be

necessary, convenient or desirable for the operation of a transportation

facility.

6. "Federal government" shall mean the United States of America, and

any officer, department, board, commission, bureau, division,

corporation, agency or instrumentality thereof.

7. "Gap" shall mean the difference between projected revenues and

expenses for any given fiscal year based on the existing fare structure.

8. "Gap-closing initiative" shall mean any action to reduce a

projected gap.

9. "Governor" shall mean the governor of the state of New York.

10. "Joint service arrangements" shall mean agreements between or

among the authority and any common carrier or freight forwarder, the

state, any state agency, the federal government, any other state or

agency or instrumentality thereof, any public authority of this or any

other state, or any political subdivision or municipality of the state,

relating to property, buildings, structures, facilities, services,

rates, fares, classifications, divisions, allowances or charges

(including charges between operators of railroad, omnibus, marine and

aviation facilities), or rules or regulations pertaining thereto, for or

in connection with or incidental to transportation in part in or upon

railroad, omnibus, marine or aviation facilities located within the

district and in part in or upon railroad, omnibus, marine or aviation

facilities located outside the district.

11. "Marine and aviation facilities" shall mean equipment and craft

for the transportation of passengers, mail and cargo between points

within the district or pursuant to joint service arrangements, by marine

craft and aircraft of all types including but not limited to hydrofoils,

ferries, lighters, tugs, barges, helicopters, amphibians, seaplanes or

other contrivances now or hereafter used in navigation or movement on

waterways or in the navigation of or flight in airspace. It shall also

mean any marine port or airport facility within the transportation

district but outside the port of New York district as defined in chapter

one hundred fifty-four of the laws of nineteen hundred twenty-one,

including but not limited to terminals, docks, piers, bulkheads, ramps

or any facility or real property necessary, convenient or desirable for

the accommodation of passengers and cargo or the docking, sailing,

landing, taking off, accommodation or servicing of such marine craft or

aircraft.

12. "Omnibus facilities" shall mean motor vehicles, of the type

operated by carriers subject to the jurisdiction of the public service

commission, engaged in the transportation of passengers and their

baggage, express and mail between points within the district or pursuant

to joint service arrangements, and equipment, property, buildings,

structures, improvements, loading or unloading areas, parking areas or

other facilities, necessary, convenient or desirable for the

accommodation of such motor vehicles or their passengers, including but

not limited to buildings, structures and areas notwithstanding that

portions may not be devoted to any omnibus purpose other than the

production of revenues available for the costs and expenses of all or

any facilities of the authority.

13. "Railroad facilities" shall mean right of way and related

trackage, rails, cars, locomotives, other rolling stock, signal, power,

fuel, communication and ventilation systems, power plants, stations,

terminals, storage yards, repair and maintenance shops, yards, equipment

and parts, offices and other real estate or personalty used or held for

or incidental to the operation, rehabilitation or improvement of any

railroad operating or to operate between points within the district or

pursuant to joint service arrangements, including but not limited to

buildings, structures, and areas notwithstanding that portions thereof

may not be devoted to any railroad purpose other than the production of

revenues available for the costs and expenses of all or any facilities

of the authority.

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

interests in land, waters, lands under water, 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.

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

16. "State agency" shall mean any officer, department, board,

commissioner, bureau, division, public benefit corporation, agency or

instrumentality of the state.

17. "Transportation facility" shall mean any transit, railroad,

omnibus, marine or aviation facility and any person, firm, partnership,

association or, corporation which owns, leases or operates any such

facility or any other facility used for service in the transportation of

passengers, United States mail or personal property as a common carrier

for hire and any portion thereof and the rights, leaseholds or other

interest therein together with routes, tracks, extensions, connections,

parking lots, garages, warehouses, yards, storage yards, maintenance and

repair shops, terminals, stations and other related facilities thereof,

the devices, appurtenances, and equipment thereof and power plants and

other instrumentalities used or useful therefor or in connection

therewith.

18. "Transportation district" and "district" shall mean the

metropolitan commuter transportation district created by section twelve

hundred sixty-two of this title.

18-a. "Transportation purpose" shall mean a purpose that directly

supports the missions or purposes of the authority, any of its

subsidiaries, New York city transit authority or its subsidiary,

including the realization of revenues derived from property that is, or

is to be used as, a transportation facility.

19. "New York city transit authority" shall mean the corporation

created by section twelve hundred one of this chapter.

20. "Triborough bridge and tunnel authority" shall mean the

corporation created by section five hundred fifty-two of this chapter.

21. "Inspector general" shall mean the metropolitan transportation

authority inspector general.

22. "Revenues." All monies received by the authority or its

subsidiaries, or New York city transit authority or its subsidiaries, or

Triborough bridge and tunnel authority, as the case may be, from

whatever source, derived directly or indirectly from or in connection

with the operations of the respective entity.

23. "Transit facility." Transit facility as defined in subdivision

fifteen of section twelve hundred of this article.

24. "Utilization" shall mean public usage of the subway, bus, railroad

and paratransit services, and bridge and tunnel crossings, of the

authority and its affiliates and subsidiaries as reflected in empirical

data.