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

§ 1299-bb. 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-dd of this title.

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

Rochester-Genesee regional transportation district created by section

twelve hundred ninety-nine-cc of this title.

3. "Participating county" shall mean any of the counties defined in

section twelve hundred ninety-nine-cc of this title.

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

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

corporation, agency or instrumentality thereof.

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

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

7. "Director of the budget" shall mean the director of the budget of

the state of New York.

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

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

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

instrumentality of the state.

10. "Municipality" shall mean a city, town, village or county not

wholly contained within a city.

11. "Municipal corporation" shall mean a city, town, village, county

not wholly contained within a city, special transportation district,

public benefit corporation or other public corporation, or two or more

of the foregoing acting jointly.

12. "Personal property" shall mean chattels and other tangible things

of a movable or removable nature.

13. "Property" shall mean both real and personal property.

14. "Master plan" shall mean an action plan for implementation of

improvements to such means of public transportation and related services

by omnibus, railroad and marine and aviation facilities as the authority

may contemplate within the Rochester-Genesee Regional Transportation

District to effectuate the purposes of this act.

15. "Joint service arrangement" 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.

16. "Project" shall mean any undertaking by the authority within the

district including but not limited to port or harbor facilities,

transportation properties, access and service roads and bridges,

equipment, appurtenances, utilities, airport facilities and any other

improvement under authority jurisdiction within the regional district.

17. "Facility" shall mean, among other things, such properties,

structures, appurtenances, utilities, terminals, wharfs, docks, piers,

railroad trackage, warehouses, elevators, equipment for handling freight

and passengers and vehicles and such other works, properties, buildings

or allied items necessary or desirable in connection with development,

operation, maintenance or improvement of port, airport and public

transportation needs for the accommodation, safety or comfort of the

public and commercial enterprise for the regional transportation

district.

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

marine or surface craft, motors, boilers, engines, and other

instrumentalities used or useful therefor or in connection therewith.

19. "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,

berthing facilities 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.

20. "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.

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

interests in land, waters, lands under water, riparian 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.

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

for the transportation of passengers, mail and cargo between points from

and to and 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 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 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.

23. "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.

24. "Commissioner of transportation" shall mean commissioner of

transportation of the state of New York.

25. "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.