Legislation
SECTION 1199-AAAA*2
Definitions
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 5, TITLE 8-G*
* § 1199-aaaa. 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 one
thousand one hundred ninety-nine-cccc of this title.
2. "Board" shall mean the members of the authority constituting and
acting as the governing board of the authority.
3. "Board of supervisors" shall mean the board of supervisors of
Livingston county.
4. "Bonds" shall mean the bonds, notes or other evidences of
indebtedness issued by the authority pursuant to this title, and the
provisions of this title relating to bonds and bondholders shall apply
with equal force and effect to notes and noteholders, respectively,
unless the context otherwise clearly requires.
5. "Civil service commission" shall mean the personnel officer of the
county of Livingston or any other person or entity acting as the civil
service commission of the county of Livingston.
6. "Comptroller" shall mean the comptroller of the state of New York.
7. "Construction" shall mean the negotiation, acquisition, erection,
building, alteration, improvement, testing, increase, enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of a water, sewerage or water and sewerage facility, as the case may be;
the inspection and supervision thereof; and the engineering,
architectural, legal, appraisal, fiscal, economic and environmental
investigations, services and studies, surveys, designs, plans, working
drawings, specifications, procedures and other actions preliminary or
incidental thereto.
8. "Costs", 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 land to which such buildings or structures may
be moved or relocated, the cost of all systems, facilities, machinery,
apparatus and equipment, financing charges, interest prior to, during
and after construction 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 consultant and legal
services, the cost of lease guarantee or bond insurance or other credit
enhancement associated with bonds of the authority (including notes) and
the cost of 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 the authority providing for
the issuance of bonds to be paid into any reserve or other special fund
from the proceeds of such bonds and the financing of the placing of any
project in operation, including the reimbursement to the county, or any
municipality, state agency, the state, the United states government, or
any other person for expenditures made by them that would be costs of
the project hereunder.
9. "County" shall mean the county of Livingston.
10. "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.
11. "District" shall mean the Livingston county water and sewer
authority district created by section eleven hundred ninety-nine-bbbb of
this title.
12. "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.
13. "Members" shall mean the members of the board.
14. "Municipality" shall mean any county, city, town, village,
improvement district under the county or town law, any other such
instrumentality, including any agency or public corporation of the
state, or any of the foregoing or any combination thereof.
15. "Person" shall mean any natural person, partnership, association,
joint venture or corporation, exclusive of a public corporation as
defined pursuant to article two-A of the general construction law.
16. "Real property" shall mean lands, structures, franchises, rights
and interests in land, waters, lands underwater, groundwater, riparian
rights and air rights and any and all things and rights included within
said term "real property" 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.
17. "State sanitary code" shall mean regulations adopted pursuant to
section two hundred twenty-five of the public health law.
18. "Sewage" means 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.
19. "Sewerage facility" or "sewerage facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of collecting, conveying,
pumping, treating, neutralizing, storing and disposing of sewage,
including but not limited to main, trunk, intercepting, connecting,
lateral, outlet or other sewers, outfalls, pumping stations, treatment
and disposal plants, ground water recharge basins, back-flow prevention
devices, sludge dewatering or disposal equipment and facilities,
clarifiers, filters, phosphorus removal equipment and other plants,
works, structures, equipment, vehicles, conveyances, contract rights,
franchises, approaches, connections, permits, 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.
20. "State" shall mean the state of New York.
21. "State agency" shall mean any state office, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.
22. "Supply facility" shall mean a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
23. "System revenues" shall mean all rates, rents, fees, charges,
payments and other income and receipts derived by the authority
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 as well as any other income derived from the operation of the water
facility of the authority.
24. "Transmission facility" shall mean a water facility used to carry
water from a supply facility to a distribution system.
25. "Treasurer" shall mean the treasurer of the authority.
26. "Water facility" or "water facilities" shall mean any plants,
structures or other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of accumulating, 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, pumps, water
distribution systems, compensating reservoirs, intake stations,
waterworks or sources of water supply, wells, purification or filtration
plants or other treatment plants and works, approaches, connections,
water meters, rights of flowage or diversion and other plants,
structures, equipment, vehicles, towers, 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.
27. "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.
28. "Watershed rules" shall mean the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.
* NB There are 2 § 1199-aaaa's
unless a different meaning clearly appears from the context:
1. "Authority" shall mean the corporation created by section one
thousand one hundred ninety-nine-cccc of this title.
2. "Board" shall mean the members of the authority constituting and
acting as the governing board of the authority.
3. "Board of supervisors" shall mean the board of supervisors of
Livingston county.
4. "Bonds" shall mean the bonds, notes or other evidences of
indebtedness issued by the authority pursuant to this title, and the
provisions of this title relating to bonds and bondholders shall apply
with equal force and effect to notes and noteholders, respectively,
unless the context otherwise clearly requires.
5. "Civil service commission" shall mean the personnel officer of the
county of Livingston or any other person or entity acting as the civil
service commission of the county of Livingston.
6. "Comptroller" shall mean the comptroller of the state of New York.
7. "Construction" shall mean the negotiation, acquisition, erection,
building, alteration, improvement, testing, increase, enlargement,
extension, reconstruction, interconnection, renovation or rehabilitation
of a water, sewerage or water and sewerage facility, as the case may be;
the inspection and supervision thereof; and the engineering,
architectural, legal, appraisal, fiscal, economic and environmental
investigations, services and studies, surveys, designs, plans, working
drawings, specifications, procedures and other actions preliminary or
incidental thereto.
8. "Costs", 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 land to which such buildings or structures may
be moved or relocated, the cost of all systems, facilities, machinery,
apparatus and equipment, financing charges, interest prior to, during
and after construction 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 consultant and legal
services, the cost of lease guarantee or bond insurance or other credit
enhancement associated with bonds of the authority (including notes) and
the cost of 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 the authority providing for
the issuance of bonds to be paid into any reserve or other special fund
from the proceeds of such bonds and the financing of the placing of any
project in operation, including the reimbursement to the county, or any
municipality, state agency, the state, the United states government, or
any other person for expenditures made by them that would be costs of
the project hereunder.
9. "County" shall mean the county of Livingston.
10. "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.
11. "District" shall mean the Livingston county water and sewer
authority district created by section eleven hundred ninety-nine-bbbb of
this title.
12. "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.
13. "Members" shall mean the members of the board.
14. "Municipality" shall mean any county, city, town, village,
improvement district under the county or town law, any other such
instrumentality, including any agency or public corporation of the
state, or any of the foregoing or any combination thereof.
15. "Person" shall mean any natural person, partnership, association,
joint venture or corporation, exclusive of a public corporation as
defined pursuant to article two-A of the general construction law.
16. "Real property" shall mean lands, structures, franchises, rights
and interests in land, waters, lands underwater, groundwater, riparian
rights and air rights and any and all things and rights included within
said term "real property" 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.
17. "State sanitary code" shall mean regulations adopted pursuant to
section two hundred twenty-five of the public health law.
18. "Sewage" means 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.
19. "Sewerage facility" or "sewerage facilities" means any plants,
structures and other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of collecting, conveying,
pumping, treating, neutralizing, storing and disposing of sewage,
including but not limited to main, trunk, intercepting, connecting,
lateral, outlet or other sewers, outfalls, pumping stations, treatment
and disposal plants, ground water recharge basins, back-flow prevention
devices, sludge dewatering or disposal equipment and facilities,
clarifiers, filters, phosphorus removal equipment and other plants,
works, structures, equipment, vehicles, conveyances, contract rights,
franchises, approaches, connections, permits, 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.
20. "State" shall mean the state of New York.
21. "State agency" shall mean any state office, public benefit
corporation, department, board, commission, bureau or division, or other
agency or instrumentality of the state.
22. "Supply facility" shall mean a water facility employed to make
groundwater or surface water available for delivery into a transmission
facility or distribution system.
23. "System revenues" shall mean all rates, rents, fees, charges,
payments and other income and receipts derived by the authority
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 as well as any other income derived from the operation of the water
facility of the authority.
24. "Transmission facility" shall mean a water facility used to carry
water from a supply facility to a distribution system.
25. "Treasurer" shall mean the treasurer of the authority.
26. "Water facility" or "water facilities" shall mean any plants,
structures or other real and personal property acquired, rehabilitated
or constructed or planned for the purpose of accumulating, 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, pumps, water
distribution systems, compensating reservoirs, intake stations,
waterworks or sources of water supply, wells, purification or filtration
plants or other treatment plants and works, approaches, connections,
water meters, rights of flowage or diversion and other plants,
structures, equipment, vehicles, towers, 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.
27. "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.
28. "Watershed rules" shall mean the rules and regulations made by the
department of health pursuant to section eleven hundred of the public
health law.
* NB There are 2 § 1199-aaaa's