N.Y. Pub. Auth. Law § 2642-B

Current through 2024 NY Law Chapter 553

Section 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.

N.Y. Pub. Auth. Law § 2642-B