Search OpenLegislation Statutes

This entry was published on 2022-02-04
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1114-B*2
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 5-A*2
* § 1114-b. 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 eleven
hundred fourteen-d of this title.

2. "Board of directors" shall mean the governing board of the

3. "Bonds" shall mean the bonds, notes or other evidences of
indebtedness issued by the authority pursuant to this title.

4. "Calendar year" shall mean the twelve month period from January
first through December thirty-first.

5. "Chief executive officer" when referring to a municipality shall
mean the chief elected official of such municipality and, when referring
to the authority, shall mean the chairperson of the authority.

6. "Civil service commission" shall mean the civil service commission
of the county of Nassau.

7. "Comptroller" shall mean the comptroller of the state of New York.

8. "Construction" shall mean the negotiation, acquisition, erection,
building, alteration, improvement, testing, increase, enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of a water facility as defined in this section; the inspection and
supervision thereof; and the engineering, architectural, legal,
appraisal, fiscal, economic and environmental investigations, services
and studies, surveys, designs, plans, working drawings, specifications,
procedures and other actions incidental thereto.

9. "Costs", as applied to any project, shall include the cost of
construction, the cost of the acquisition of all property, including
both real, personal and mixed, the cost of demolishing, removing or
relocating any buildings or structures on lands so acquired including
the cost of acquiring any land to which such buildings or structures may
be moved or relocated, the cost of all systems, facilities, machinery,
apparatus and equipment, financing charges and bond discount, interest
to the extent not paid or provided for from revenues or other sources,
the cost of engineering and architectural surveys, plans and
specifications, bond insurance, bond credit enhancement arrangements,
other expenses necessary or incidental to the construction of such
project and the financing of the construction thereof, including the
cost of legal and financial advices and credit arrangements with banks
or other financial institutions, the amount authorized in the resolution
of the authority providing for the issuance of bonds to be paid into any
reserve or special fund from the proceeds of such bonds and the
financing of the placing of any project in operation, including the
reimbursement to any municipality, state agency, the state, the United
States government, or any other person for expenditures made by them
that would be costs of the project hereunder, notwithstanding the fact
that such expenditures may have been incurred prior to the effective
date of this title.

10. "County" shall mean the county of Nassau.

11. "Distribution system" shall mean the water facility or facilities
employed to deliver water from a transmission facility, or where there
is no transmission facility, from a supply facility, to the ultimate
consumers of water.

12. "District" shall mean the water authority of North Shore water
district created by section eleven hundred fourteen-c of this title.

13. "Governing body" shall mean:

(a) in the case of a city, county, town or village or district
corporation, the finance board as such term is defined in the local
finance law; or

(b) in the case of a public benefit corporation, the members thereof.

14. "Members" shall mean the members of the board of directors.

15. "Municipality" shall mean any city, county, town, village or
county or town acting on behalf of an improvement district.

16."Real property" shall mean lands, structures, franchises and
interests in land, waters, lands under water, groundwater riparian
rights and air rights and any and all things and rights customarily
included within the term "real property" and includes not only fee
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.

17. "State sanitary code" shall mean regulations adopted pursuant to
section two hundred twenty-five of the public health law.

18. "State" shall mean state of New York.

19. "State agency" shall mean any state office, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.

20. "Supply facility" shall mean a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.

21. "System revenues" shall mean all rates, rents, fees, charges,
payments and other income and receipts derived from users of the
authority without limiting the generality of the foregoing, investment
proceeds and proceeds of insurance, condemnation, sales or other
dispositions of assets, together with all federal, state or municipal
aid as well as any other income derived from the operation of the water
facility of the authority.

22. "Transmission facility" shall mean a water facility used to carry
water from a supply facility to a distribution system.

23. "Treasurer" shall mean the treasurer of the authority.

24. "Water facility" or "water facilities" shall mean any plants,
structures and other real and personal property acquired, rehabilitated
or constructed for the purpose of supplying, transmitting, distributing
or treating water, including but not limited to surface or groundwater
reservoirs, basins, dams, canals, aqueducts, standpipes, conduits,
pipelines, mains, pumping stations, water distribution systems,
compensating reservoirs, intake stations, waterworks or sources of water
supply, wells, purification or filtration plants or other treatment
plants and works, connections, water meters, rights of flowage or
diversion and other plants, structures, equipment, towers, conveyances,
real or personal property or rights therein and appurtenances thereto
necessary or useful and convenient for the accumulation, supply,
transmission, treatment or distribution of water.

25. "Water project" shall mean any water facility, including the
planning, development, financing or construction thereof.

26. "Watershed rules" shall mean the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.

* NB There are 2 § 1114-b's