2006 New York Code - Definitions.

 
    §  1301.  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  thirteen
  hundred three of this title.
    2.  "Transportation  district"  and  "district" shall mean the Capital
  District transportation district created by section thirteen hundred two
  of this title.
    3. "Participating county" shall mean any of the  counties  defined  in
  section thirteen hundred two 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 the long range regional transportation
  plan for the upper Hudson planning and development region including, but
  not limited to that prepared  by  the  capital  district  transportation
  study and approved by the commissioner.
    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  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, serving
  railroad,  omnibus, marine and air facilities, equipment, appurtenances,
  utilities, airport facilities and any other improvement under  authority
  jurisdiction within the district.
    17.  "Facility"  shall  mean,  among  other  things,  such properties,
  structures, appurtenances, utilities, terminals, wharves, docks,  piers,
  railroad   trackage,   warehouses,  elevators,  equipment  for  handling
  freight, 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, aviation or parking 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" shall mean commissioner of  transportation  of  the
  state of New York.
    25. "Action plan" shall mean a 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  capital  district  transportation  district to
  effectuate the purposes of this act.