N.Y. Pub. Auth. Law § 1232-B

Current through 2024 NY Law Chapter 553

Section 1232-B - Definitions

As used or referred to in this title, unless a different meaning clearly appears from the context:

1. "Attorney general" means the state attorney general.

2. "Authority" means the public benefit corporation created by section twelve hundred thirty-two-c of this title.

3. "Bonds" means 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.

4. "Comptroller" means the state comptroller.

5. "Construction" means the negotiation, acquisition, erection, building, alteration, improvement, testing, increase, enlargement, extension, reconstruction, interconnection, renovation or rehabilitation of storm water resources facility, sewerage facility or storm water resources and sewerage facility as the case may be; the inspection and supervision thereof; and the engineering, architectural, legal, appraisal, fiscal, environmental and economic investigations, services and studies, surveys, designs, plans, working drawings, specifications, procedures and other actions preliminary or incidental thereto.

6. "Cost" as applied to any project, includes the cost of construction, the cost of the acquisition of all property both real and personal, and improved and unimproved; 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, fixtures 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; 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 reimbursement to the county, or any municipality, state agency, the state, the United States government, or any other person for expenditures that would be costs of the project hereunder had they been made directly by the authority.

7. "County" means the county of Nassau.

8. "County charter" or "charter of the county" means the county government law of Nassau county.

9. "County executive" means the county executive of the county.

10. "County legislature" means the county legislature of the county.

11. "District" means the Nassau county sewer and storm water resources district created by the chapter of the laws of two thousand three that added this title.

12. "Facility" or "facilities" means collectively a sewerage facility or sewerage facilities and storm water resources facility or storm water resources facilities.

13. "Governing body" means the members of the authority constituting and acting as the governing body of the authority.

14. "Municipality" means any county, city, town, village, improvement district under the town law, commissioner-run district, any other such instrumentality, including any agency, or public corporation of the state, or any of the foregoing or any combination thereof.

15. "Person" means any natural person, partnership, association, joint venture, limited liability company or corporation, exclusive of a public corporation as defined pursuant to article two-A of the general construction law.

16. "Prior districts" means the twenty-seven county sewage collection districts and three county sewage disposal districts heretofore established by the county pursuant to the county charter and existing on the day immediately prior to the effective date of this title.

17. "Project" means any storm water resources facility, sewerage facility or storm water resources and sewerage facility, as the case may be, including the acquisition, planning, development, financing or construction thereof.

18. "Properties" means the storm water resources, sewerage and storm water resources and sewerage system or systems of the authority, whether situated within or without the territorial limits of the district, including the plants, works, structures, instrumentalities or parts thereof and appurtenances thereto, real property, storm water resources facilities, sewerage facilities or any other property incidental to and included in such system or systems or part thereof, and any improvements, extensions and betterments.

19. "Real property" means lands, structures, franchises, rights and interests in lands, waters, lands underwater, 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.

20. "Revenues" means all payments and other income and receipts derived by the authority including, without limiting the generality of the foregoing, investment proceeds and proceeds of insurance and condemnation, together with all federal, state or municipal aid.

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

22. "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 and to the extent not covered by the foregoing, any facilities operated and maintained by the prior districts.

23. "Sewerage services" means the collection, treatment and disposal of sewage, any services provided by a sewerage facility and any other service related thereto.

24. "State" means the state of New York.

25. "State agency" means any state officer, public benefit corporation, department, board, commission, bureau or division, or any other agency or instrumentality of the state.

26. "Storm water resources facility" or "storm water resources facilities" means any plants, structures and other real and personal property acquired, rehabilitated, constructed or planned for the purpose of providing storm water resources services, including but not limited to accumulating, transmitting or treating surface water, storm water or ground water, including but not limited to surface water, storm water or ground water reservoirs, basins, dams, canals, aqueducts, standpipes, outfalls, conduits, pipelines, mains, pumping stations, pumps, ditches, wells, injection wells, treatment plants and works, contract rights, franchises, approaches, connections, permits, meters, rights of flowage or diversion and other plants, structures, equipment, vehicles, conveyances, real or personal property or rights therein and appurtenances thereto necessary or useful and convenient for the accumulation, transmission, or treatment of surface water or ground water; provided, however, that such facilities shall not include any facility for the provision of potable water.

27. "Storm water resources services" means the collection, treatment and disposal of storm water and contaminated surface water or ground water; the development, implementation and monitoring of insect control programs; the monitoring and testing of surface and ground water quality; the development and implementation of hazardous waste testing programs; the development and implementation of hydro-geological studies and reports of the territory encompassing the district; and any services provided by a storm water resources facility and any other service related thereto; provided, however, that such services shall not include the provision of potable water; provided further that in no way shall the provisions of this title be construed to expand storm water related services for which the authority is authorized to provide beyond such services provided by the county department of public works prior to the effective date of this title.

N.Y. Pub. Auth. Law § 1232-B