Legislation

Search OpenLegislation Statutes

This entry was published on 2014-09-22
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 1196-B
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-A
§ 1196-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Authority" shall mean a water authority or sewerage authority or
water and sewerage authority organized pursuant to the provisions of
this title.

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

3. "Chief executive officer" shall mean the chief elected official of
a municipality.

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

5. "Construction" shall mean the acquisition, erection, building,
alteration, improvement, increase, enlargement, extension,
reconstruction, renovation or rehabilitation of a water, sewerage or
water and sewerage system, as the case may be, as defined herein; the
inspection and supervision thereof; and the engineering, architectural,
legal, fiscal and economic and environmental investigations and studies,
surveys, designs, plans, working drawings, specifications, procedures
and other actions incidental thereto.

6. "Cost", 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 lands 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, the cost of consultants' and legal services, the cost of
lease guarantee or bond insurance, other expenses necessary or
incidental to the construction of such project and the financing of the
construction thereof, including the amount authorized in the resolution
of an 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 that would be
costs of the project hereunder.

7. "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.

8. "District" shall mean the authority district established at the
time of organization of an authority by the governing body or bodies of
the municipality or municipalities for whose benefit the authority is
established by special act of the legislature, or as it may be amended
by such governing body or bodies, all in accordance with the provisions
of section eleven hundred ninety-six-c of this title.

9. "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.

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

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

11. "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 included within
said term 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.

12. "Sewage" shall mean the water-carried human or animal wastes from
residences, buildings, industrial establishments or other places,
together with such groundwater infiltration and surface water as may be
present. The admixture with sewage of industrial or other waste also
shall be considered "sewage" within the meaning of this title.

13. "Sewerage facility" or "sewerage facilities" shall mean any
plants, structures and other real and personal property acquired,
rehabilitated or constructed or planned for the purpose of collecting,
treating and disposing of sewage, including main, trunk, intercepting,
connecting, lateral, outlet or other sewers, outfall, pumping stations,
treatment and disposal plants, groundwater recharge basins, back-flow
prevention devices, sludge dewatering or disposal equipment and
facilities, clarifiers, filters, phosphorus removal equipment, and other
plants, structures, equipment, vehicles, conveyances, real or personal
property or rights therein and appurtenances thereto necessary or useful
and convenient for the collection, conveyance, pumping, treatment,
neutralizing, storing and disposing of sewage.

14. "Sewerage system" shall mean the sewage collection, pumping,
treatment neutralizing, storage and disposal system or systems in the
possession of, or under the jurisdiction and control of, a municipality,
including all additions, increases, enlargements, extensions or
improvements thereto.

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

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

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

18. "System revenues" shall mean rates, rents, fees, charges, payments
and other income and receipts derived from users of a water system or
sewerage system of a municipality including, 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.

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

20. "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, 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.

21. "Water project" shall mean any sewerage facility, water facility
or water and sewerage facility, as the case may be, including the
planning, development, financing or construction thereof.