N.Y. Public Authorities Law § 2778: Definitions

§ 2778. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Airport" (a) shall mean any area of land or water which is used or

intended for use, for the landing and takeoff of aircraft, and any

appurtenant areas which are used, or intended for use, for airport

buildings, parking facilities or other airport facilities or

rights-of-way, together with all airport buildings and facilities

located thereon; and (b) includes any heliport.

2. "Airport hazard" shall mean any structure or object of natural

growth located on or in the vicinity of an airport, or any use of land

near such an airport, which obstructs the airspace required for the

flight of aircraft in landing or taking off at such airport or is

otherwise hazardous to such landing or taking off of aircraft.

3. "Authority" shall mean the corporation created by this title.

4. "Aviation facilities" shall mean any airport facility or terminal

including but not limited to any facility, property or equipment

necessary, convenient or desirable for the landing, taking off,

accommodation or servicing of aircraft of all types, and shall include

such other facilities, equipment, property, structures and appurtenances

as may be necessary or convenient in the operation, maintenance,

development or improvement of an airport including facilities,

equipment, property, structures, and appurtenances, leased by the

authority to persons, engaged in air transportation or the production or

development of materials, goods or equipment for an airport or air

transportation or in providing facilities or equipment for the

accommodation, safety, security or comfort of the traveling public and

for purposes related or incidental to one or more of the foregoing

purposes. It shall include, without limitation, runways, aprons,

hangars, control towers, ramps, taxiways, navigation aids, warehouses,

office and service buildings, structures, parking facilities, concession

facilities, maintenance facilities, fuel facilities, facilities for the

overnight accommodation of passengers and carrier employees, including

hotels and motels located at the authority's airport, and facilities for

the loading, unloading, holding, interchange or transfer of such

passengers, freight, baggage or cargo. It shall also mean any property

necessary to remove, mitigate, prevent or limit airports hazards. It

shall also mean facilities and equipment providing access to an airport

facility or terminal, including appropriate mass transportation terminal

facilities at and within the airport facility or terminal itself. It

shall also mean pollution control facilities, highways, bridges, access

roads, driveways and approaches in the vicinity of an airport facility

or terminal providing improved access to such airport facility or

terminal.

5. "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 bond holders which shall

apply with equal force and effect to notes and note holders unless the

context otherwise clearly requires.

6. "Construction" shall mean the acquisition, erection, building,

alteration, repair, improvement, increase, enlargement, extension,

installation, reconstruction, renovation or rehabilitation of a project

including any appurtenances thereto which may be necessary or desirable

to promote the efficiency or effectiveness of such project; the

inspection and supervision thereof; and the engineering, consulting,

architectural, legal, fiscal and economic and environmental

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

specifications, procedures and other actions incidental thereto and

claims arising therefrom.

7. "Cost", as applied to any project, shall include the cost of

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

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

relocating any buildings or structures on lands so acquired, including

the cost of relocating tenants or other occupants of the buildings or

structures on such land and 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 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 consultants and legal services, the cost of lease, guarantees, credit

enhancement or bond insurance, 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 any public corporation, the state, the federal

government or any other person for expenditures, that would be costs of

the project hereunder had they been made directly by the authority.

8. "County" shall mean Albany county.

9. "Equipment" shall mean snow removal vehicles, fire fighting and

rescue vehicles, passenger and freight vehicles, aircraft, motors,

boilers, engines, wires, ways, conduits and mechanisms, machinery,

tools, implements, materials, supplies, instruments and devices of every

nature whatsoever used or useful for aviation and 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 navigation, security, safety, signaling, communications and

ventilation as may be necessary, convenient or desirable for the

operation of aviation facilities and pollution control facilities.

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

structures, appurtenances, utilities, terminals, railroad trackage,

warehouses, elevators and such other works, properties, buildings or

allied items necessary or desirable in connection with development,

operation, maintenance or improvement of airport and public

transportation needs and for the accommodation, safety, security or

comfort of the public and of commercial enterprise.

11. "Federal government" shall mean the United states of America, and

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

or instrumentality thereof.

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

among the authority and any person, the state, the county, any other

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

instrumentality thereof, relating to property, buildings, structures,

facilities, services, rates, fares, classification, divisions,

allowances or charges (including charges between operators of railroad,

omnibus 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 or aviation facilities located within

the county and in part in or upon railroad, omnibus or aviation

facilities located outside the county.

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

district.

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

association, joint venture or corporation, exclusive of a public

corporation.

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

of a moveable or removable nature.

16. "Pollution control facilities" shall mean any equipment,

improvement, structure or facility or any land and any building,

structure, facility or other improvement thereon, or any combination

thereof, and all property deemed necessary therewith, having to do with

or the end purpose of which is the control, abatement or prevention of

land, sewer, water, air, noise or general environmental pollution

deriving from the operation of aviation facilities, including, but not

limited to, any air pollution control facility, noise abatement or

suppression facility (including physical barriers, landscaping and sound

proofing for the purpose of diminishing the effect of aircraft noise on

any area adjacent to an airport), water management facility, waste water

collecting systems, waste water treatment works, sewage treatment works

system, or sewage treatment system or site.

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

18. "Project" shall mean any property or improvements located within

the state of New York and within or outside or partially outside Albany

county, including, but not limited to, machinery, equipment and other

facilities deemed necessary or desirable in connection therewith, or

incidental thereto, whether or not now in existence or under

construction, which shall be necessary or suitable for aviation purposes

and airport development and which may include or mean aviation

facilities and pollution control facilities provided, however, the

authority shall not use its funds in respect of any part of a project

located wholly or partially outside the county without the prior consent

thereto by the governing body of any other county in which a part or

parts of the project is, or is to be located. It shall also mean any

property necessary to remove, mitigate, prevent or limit airport noise

or hazards.

19. "Public corporation" shall mean a county, city, town, village,

school district or special district, any public benefit corporation,

agency or instrumentality of the state or of any municipality, or two or

more of any of the foregoing acting jointly.

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

interests in land, airspace, waters, lands under water, riparian rights,

air rights, any fixtures, equipment and articles of personal property

affixed to or used in connection therewith, 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.

21. "Revenues" shall mean all rates, fees, rents, revenues, charges

and other income derived by the authority from the operation, leasing,

sale or other disposition of the airport or airport related facilities.

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