N.Y. Transportation Law § 40: Definitions

§ 40. Definitions. Whenever used in this article, unless a different

meaning clearly appears from the context:

1. "Authority" shall mean a public benefit corporation created by

section forty-one of this article for the purposes specified in article

five-I of the general municipal law.

2. "Government" shall include the state, municipality and the federal

government, and any agency or instrumentality, corporate or otherwise,

or any of them acting for and on behalf of the state, a municipality or

the federal government.

3. "State" shall mean New York State.

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

wholly contained within a city.

5. "Municipal corporation" shall mean a city, town, village, or 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.

6. "Real Property" shall include lands, waters, rights in lands or

waters, structures, franchises and interests in land, including lands

under water, riparian rights, and air rights, and any and all other

things and rights usually included within the said term and includes

also any and all interests in such property less than full title, such

as easements, permanent or temporary, rights-of-way, uses, leases,

licenses and all other incorporeal heriditaments and every estate,

interest or right legal or equitable.

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

of a movable or removable nature.

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

9. "Capital project" shall mean the acquisition, construction,

reconstruction or improvement of any omnibus, transportation or other

omnibus transportation capital facility and real property and capital

equipment used in connection therewith; including the preparation of

feasibility studies, plans, specifications and estimates of cost

therefor.

10. "Municipal project" shall mean any omnibus transportation capital

project undertaken by a municipal corporation.

11. "Federal project" shall mean a municipal project aided or financed

in whole or in part by the federal government.

12. "State Project" shall mean a municipal project aided or financed

in whole or in part by the state.

13. "Project" shall mean a specific work or improvement to effectuate

all or any part of a plan. A project may be a federal project, a state

project, a municipal project or any combination of these.

14. "Project cost" shall mean the actual cost of any municipal

project, or the estimated cost of such project as determined by the

commissioner of transportation, whichever is lower, plus any direct

incidental costs approved by the commissioner and the state comptroller.

15. "Plan" shall mean a plan or undertaking to carry into effect any

municipal project.

16. "Governing body" shall mean (1) In a county, the county

legislative body; (2) in a city, the board of aldermen, a common

council, commission or other body vested by its charter or other law

with jurisdiction to enact ordinances or local laws, except that in a

city having a population of one million or more, if there be a board of

estimate, the term "governing body" shall mean such board of estimate;

(3) in a town, the town board; and, (4) in a village, the board of

trustees.

17. "Federal assistance" shall mean funds available, other than by

loan from the federal government to the Utica transit authority, either

directly or through allocation by the state, for any omnibus

transportation capital project.

18. "State Assistance" shall mean funds available from the state

government to any omnibus transportation capital project.