N.Y. Public Authorities Law § 1299-a: Definitions

§ 1299-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 twelve

hundred ninety-nine-c 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. "Comptroller" shall mean the comptroller of the state of New York.

4. "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.

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

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

corporation, agency or instrumentality thereof.

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

7. "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, any political subdivision or municipality of the state, or the

nation, 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.

8. "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 port facilities in the transportation district including, but not

limited to, (a) one or more docks, elevators, wharves, piers, bulkheads,

slips, basins, harbors, railroad connections, side tracks or sidings,

freight terminals, warehouses, bridges, tunnels, and areas for storage

of cargoes, materials, goods, wares, and merchandise of any kind and for

the loading, unloading, interchange or transfer of any such cargoes,

materials, goods, wares and merchandise; (b) other buildings,

structures, facilities or improvements necessary to accommodate

steamships or other vessels and their cargoes or passengers; and (c) all

real and personal property, driveways, roads, approaches, mechanical

equipment and all appurtenances and facilities either on, above or under

the ground which are necessary, convenient or desirable for the

development, control and operation of port facilities in the

transportation district. It shall also mean any airport facility within

the transportation district, including but not limited to any facility

or real property necessary, convenient or desirable for the landing,

taking off, accommodation or servicing of such aircraft and shall

include such facilities, property, structures and appurtenances as may

be necessary or convenient in the operation, maintenance, development or

improvement of airports including facilities, property, structures, and

appurtenances, leased by the Authority to persons, firms or corporations

engaged in air transportation or the production or development of

materials, goods or equipment for airports or air transportation or in

providing facilities for the accommodation, safety or comfort of the

traveling public and for purposes related or incidental to one or more

of the foregoing purposes. It shall also mean any airport facility

within the transportation district or within ten miles of the boundaries

thereof.

9. "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.

10. "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.

11. "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.

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

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

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

instrumentality of the state.

14. "Transportation facility" shall mean any 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.

15. "Transportation district" and "district" shall mean the Niagara

Frontier transportation district created by section twelve hundred

ninety-nine-b of this title.

16. "Niagara Frontier Port Authority" shall mean the corporation

continued by a chapter of the laws of nineteen hundred sixty-nine

entitled "An act to effect a consolidation of the Niagara Frontier port

authority and the Niagara Frontier transportation authority, and to

amend the public authorities law and chapter two hundred sixty of the

laws of nineteen hundred fifty-seven, entitled 'An act to designate the

Niagara Frontier port authority to receive certain future payments from,

and subsequent to July first, nineteen hundred ninety-two, to exercise

jurisdiction over the property and assets acquired and held in the state

of New York by the Buffalo and Fort Erie public bridge authority, and

making other provision with respect to such payments, property and

assets', in relation thereto".

17. "Nation" shall mean the Seneca Nation of Indians.

18. "Transit dependent individual" shall mean an individual who is

limited to public transit as their primary mode of transportation

because the individual has a permanent disability.