N.Y. Transportation Law § 231: Definitions

§ 231. Definitions. As used in this article, the following terms shall

include and mean:

1. "Municipality." A city, county not wholly contained within a city,

town, village, special transportation district, public benefit

corporation or other public corporation, or two or more of the foregoing

acting jointly.

2. "Rail preservation project." The acquisition, construction,

reconstruction, establishment, improvement or rehabilitation by the

state or a municipality of any railroad capital facility and any capital

equipment used in connection therewith with funds made available as a

result of the rail preservation bond act of nineteen hundred

seventy-four and the acquisition, construction, reconstruction,

establishment, improvement or rehabilitation by the state or a

municipality of any rail capital facility or rapid transit capital

facility and any capital equipment used in connection therewith with

funds made available as a result of the energy conservation through

improved transportation bond act of nineteen hundred seventy-nine.

3. "Railroad capital facility." Railroad rights of way, as well as

trackage, rails, cars, locomotives, rolling stock, signals,

communication and ventilation systems, power plants, stations,

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

and parts, offices and other incidental real estate or personalty used

or held for or incidental to the operation, rehabilitation or

improvement of any railroad operating rail freight and rail passenger

transportation services, or to operate such services, including, but not

limited to buildings, structures and real property.

4. "Local street or highway project." A local street, highway and/or

bridge that is not on the state highway system and not under the

maintenance and/or operational jurisdiction of the state for which there

is a project for resurfacing of existing pavements to correct structural

deficiencies or substandard riding characteristics; the sealing of

pavements; the treatment of highway pavements to improve skid

resistance; the improvement of the highway to make it more energy

efficient; modification of roadway geometrics for improvement of

operational safety; the improvement of highway appurtenances including

but not limited to shoulders, guiderail systems, slopes, traffic control

devices, sidewalks, curbs, drainage systems; retaining and sustaining

walls; removal of hazards and/or their replacement or correction by the

use of recognized and approved safety or protective devices; bridge

improvement including structural rehabilitation or replacement.

5. "Applicant." A municipality in the case of a rail preservation

project, and a county, except the counties comprising New York city, and

New York city in the case of a local street or highway project.