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This entry was published on 2023-03-31
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SECTION 1301
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 11-C
§ 1301. 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 thirteen
hundred three of this title.

2. "Transportation district" and "district" shall mean the Capital
District transportation district created by section thirteen hundred two
of this title.

3. "Participating county" shall mean any of the counties defined in
section thirteen hundred two 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 upper Hudson planning and development region including, but
not limited to that prepared by the capital district 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,
utilities, airport facilities and any other improvement under authority
jurisdiction within the district.

17. "Facility" shall mean, among other things, such properties,
structures, appurtenances, utilities, 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, 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, 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 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 capital district transportation district to
effectuate the purposes of this act.

26. "Transit dependent individual" shall mean an individual who is
limited to public transit as their primary mode of transportation
because the individual has a permanent disability.