Section 1299-BB. 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-dd of this title.
        2.  "Transportation  district"   and   "district"   shall   mean   the
      Rochester-Genesee  regional  transportation  district created by section
      twelve hundred ninety-nine-cc of this title.
        3. "Participating county" shall mean any of the  counties  defined  in
      section twelve hundred ninety-nine-cc 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  an action 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  Rochester-Genesee  Regional  Transportation
      District to effectuate the purposes of this act.
        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  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.
        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,
      equipment, appurtenances, utilities, airport facilities  and  any  other
      improvement under authority jurisdiction within the regional district.
        17.  "Facility"  shall  mean,  among  other  things,  such properties,
      structures, appurtenances, utilities, terminals, wharfs,  docks,  piers,
      railroad trackage, warehouses, elevators, equipment for handling freight
      and  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
      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.
        24.  "Commissioner  of  transportation"  shall  mean  commissioner  of
      transportation of the state of New York.