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This entry was published on 2017-04-28
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SECTION 1261
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11
§ 1261. 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 twelve
hundred sixty-three 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. "Budget" shall mean the preliminary, final proposed and adopted
final plans of the authority, and each of its agencies.

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

5. "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.

6. "Federal government" shall mean the United States of America, and
any officer, department, board, commission, bureau, division,
corporation, agency or instrumentality thereof.

7. "Gap" shall mean the difference between projected revenues and
expenses for any given fiscal year based on the existing fare structure.

8. "Gap-closing initiative" shall mean any action to reduce a
projected gap.

9. "Governor" shall mean the governor of the state of New York.

10. "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, 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.

11. "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 any marine port or airport facility within the transportation
district but outside the port of New York district as defined in chapter
one hundred fifty-four of the laws of nineteen hundred twenty-one,
including but not limited to terminals, docks, piers, bulkheads, ramps
or any facility or real property necessary, convenient or desirable for
the accommodation of passengers and cargo or the docking, sailing,
landing, taking off, accommodation or servicing of such marine craft or
aircraft.

12. "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.

13. "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.

14. "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.

15. "State" shall mean the state of New York.

16. "State agency" shall mean any officer, department, board,
commissioner, bureau, division, public benefit corporation, agency or
instrumentality of the state.

17. "Transportation facility" shall mean any transit, 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.

18. "Transportation district" and "district" shall mean the
metropolitan commuter transportation district created by section twelve
hundred sixty-two of this title.

18-a. "Transportation purpose" shall mean a purpose that directly
supports the missions or purposes of the authority, any of its
subsidiaries, New York city transit authority or its subsidiary,
including the realization of revenues derived from property that is, or
is to be used as, a transportation facility.

19. "New York city transit authority" shall mean the corporation
created by section twelve hundred one of this chapter.

20. "Triborough bridge and tunnel authority" shall mean the
corporation created by section five hundred fifty-two of this chapter.

21. "Inspector general" shall mean the metropolitan transportation
authority inspector general.

22. "Revenues." All monies received by the authority or its
subsidiaries, or New York city transit authority or its subsidiaries, or
Triborough bridge and tunnel authority, as the case may be, from
whatever source, derived directly or indirectly from or in connection
with the operations of the respective entity.

23. "Transit facility." Transit facility as defined in subdivision
fifteen of section twelve hundred of this article.

24. "Utilization" shall mean public usage of the subway, bus, railroad
and paratransit services, and bridge and tunnel crossings, of the
authority and its affiliates and subsidiaries as reflected in empirical
data.