Section 1299-A. Definitions  


Latest version.
  • 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-c of this title.
        2.   "Authority  facilities"  shall  mean  the  authority's  railroad,
      omnibus, marine and aviation facilities and operations pursuant to joint
      service arrangements.
        3. "Comptroller" shall mean the comptroller of the state of New York.
        4. "Equipment" shall mean rolling  stock,  omnibuses,  vehicles,  air,
      marine or surface craft, motors, boilers, engines, wires, ways, conduits
      and  mechanisms,  machinery,  tools,  implements,  materials,  supplies,
      instruments and devices of every nature whatsoever used  or  useful  for
      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 signalling, communications and ventilation as may be
      necessary, convenient or desirable for the operation of a transportation
      facility.
        5.  "Federal  government" shall mean the United States of America, and
      any  officer,   department,   board,   commission,   bureau,   division,
      corporation, agency or instrumentality thereof.
        6. "Governor" shall mean the governor of the state of New York.
        7. "Joint service arrangements" 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, any political subdivision or municipality of the  state,  or  the
      nation,   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.
        8. "Marine and aviation facilities" shall mean equipment and craft for
      the  transportation  of passengers, mail and cargo between points 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  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. 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 any airport facility
      within the transportation district or within ten miles of the boundaries
      thereof.
        9. "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  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.
        10.  "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.
        11. "Real property"  shall  mean  lands,  structures,  franchises  and
      interests  in  land,  waters, lands under water, riparian rights and air
      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.
        12. "State" shall mean the state of New York.
        13.  "State  agency"  shall  mean  any  officer,  department,   board,
      commissioner,  bureau,  division,  public benefit corporation, agency or
      instrumentality of the state.
        14. "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.
    
        15. "Transportation district" and "district" shall  mean  the  Niagara
      Frontier  transportation  district  created  by  section  twelve hundred
      ninety-nine-b of this title.
        16.  "Niagara  Frontier  Port  Authority"  shall  mean the corporation
      continued by a chapter  of  the  laws  of  nineteen  hundred  sixty-nine
      entitled  "An act to effect a consolidation of the Niagara Frontier port
      authority and the Niagara  Frontier  transportation  authority,  and  to
      amend  the  public  authorities law and chapter two hundred sixty of the
      laws of nineteen hundred fifty-seven, entitled 'An act to designate  the
      Niagara Frontier port authority to receive certain future payments from,
      and  subsequent  to July first, nineteen hundred ninety-two, to exercise
      jurisdiction over the property and assets acquired and held in the state
      of New York by the Buffalo and Fort Erie public  bridge  authority,  and
      making  other  provision  with  respect  to  such payments, property and
      assets', in relation thereto".
        17. "Nation" shall mean the Seneca Nation of Indians.