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This entry was published on 2014-09-22
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SECTION 1299-A
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-A
§ 1299-a. 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 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.