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This entry was published on 2014-09-22
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SECTION 2642-B
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 28-AA
§ 2642-b. Definitions. As used or referred to in this title, unless a
different meaning appears from the context:

1. "Authority" shall mean the corporation created by section
twenty-six hundred forty-two-c of this title.

2. "Authority facilities" shall mean the authority's railroad
facilities and operations pursuant to joint service arrangements as
defined in subdivision eight of this section.

3. "Commonwealth" shall mean the Commonwealth of Pennsylvania.

4. "Commonwealth agency" or "agency of the Commonwealth" shall mean
any officer, department, board, commissioner, bureau, division, public
benefit corporation, agency or instrumentality of the Commonwealth of
Pennsylvania.

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

6. "Equipment" shall mean rolling stock, vehicles, motors, boilers,
engines, wires, ways, conduits and mechanisms, machinery, tools,
implements, materials, supplies, instruments and devices of every nature
whatsoever used or useful for railroad and related 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 signaling, communications and ventilation as may be necessary,
convenient or desirable for the operation of a railroad or related
transportation facility.

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

8. "Joint service arrangements" shall mean agreements between or among
the authority and any common carrier or freight forwarder, the state,
the Commonwealth, any state agency or agency of the Commonwealth, the
federal government, any other state or Commonwealth or agency or
instrumentality thereof, any public authority of this or any other
state, any participating county, or any political subdivision or
municipality of this or any other state, relating to property,
buildings, structures, facilities, services, rates, fares,
classifications, divisions, allowances or charges, or rules or
regulations pertaining thereto, for or in connection with or incidental
to transportation in part in or upon railroad facilities located within
the counties of Chautauqua, Cattaraugus, Allegany and Steuben and in
part in or upon railroad facilities located outside said counties.

9. "Legislative body" or "legislative bodies" shall mean any or all of
the governing boards of the counties of Chautauqua, Cattaraugus,
Allegany and Steuben.

10. "Municipality" shall mean any county, including the counties of
Chautauqua, Cattaraugus, Allegany and Steuben, city, town, village,
school district, improvement district, any other such instrumentality,
including an agency or public benefit corporation of the state, or any
of the foregoing, or any combination thereof.

11. "Participating counties" shall mean those of the counties of
Chautauqua, Cattaraugus, Allegany and Steuben that shall have appointed
members of the authority.

12. "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, parking lots, garages, warehouses, storage yards, intermodal
facilities, 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 counties of
Chautauqua, Cattaraugus, Allegany and Steuben 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.

13. "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.

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

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

16. "Southern tier extension railroad line" shall mean the railroad
line generally described as located between the city of Hornell, New
York (Cass street interlocking, at approximately milepost 331.8) and the
New York-Pennsylvania state line in the county of Chautauqua.