Section 1326. 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  thirteen
      hundred twenty-eight of this title.
        2. "Transportation district" and "district" shall mean the central New
      York  regional  transportation  district  created  by  section  thirteen
      hundred twenty-seven of this title.
        3. "Participating county" shall mean any of the  counties  defined  in
      section thirteen hundred twenty-seven 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 central New York area including, but not  limited  to  that
      prepared  by  the  Syracuse  metropolitan  transportation  study and the
      Oswego-Fulton  area   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,
      airport   facilities   and   any   other   improvement  under  authority
      jurisdiction within the district.
        17. "Facility"  shall  mean,  among  other  things,  such  properties,
      structures,  appurtenances,  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,  franchise  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 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 and improvement
      of  such means of public transportation and related services by omnibus,
      railroad and  marine  and  aviation  facilities  as  the  authority  may
      contemplate   within  the  transportation  district  to  effectuate  the
      purposes of this act.