NY Pub Auth L § 2050-BB (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 13-H - Eastern Rensselaer County Solid Waste Management Authority 2050-BB - Definitions.

§ 2050-bb. Definitions. As used or referred to in this title, unless a   different meaning clearly appears from the context:1. "Area of operation" means area within the boundaries of those towns   included  in  subdivision  eighteen  of  this  section  which  elect  to   participate in the authority pursuant to subdivision four of section two   thousand fifty-cc of this title.2. "Authority" means the public benefit corporation created by section   two thousand fifty-cc of this title, known  as  the  Eastern  Rensselaer   county solid waste management authority.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 which shall apply with   equal force and effect to notes and  noteholders,  respectively,  unless   the context otherwise clearly requires.4.   "Construction"   means   the   acquisition,  erection,  building,   alteration,  repair,  improvement,  increase,  enlargement,   extension,   reconstruction,   renovation   or   rehabilitation   of  a  solid  waste   management-resource recovery facility; the  inspection  and  supervision   thereof;  and the engineering, architectural, legal, fiscal and economic   investigations and studies, surveys, designs, plans,  working  drawings,   specifications, procedures and other actions incidental thereto.5.  "Cost"  as  applied to any project, means and 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 relocating  tenants  or  other  occupants  of  the   buildings or structures on such land and the cost of acquiring any lands   to which such building 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  consultants'  and  legal  services,  the  cost  of  lease   guarantee,   credit   enhancement  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 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 either of the towns, 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.6.  "Governing  body"  means the members of the authority constituting   and acting as the governing body of the authority.7. "Legislative body" or "legislative bodies" means either or  all  of   the legislatures of those towns included in subdivision eighteen of this   section.8.  "Municipality"  means any county, city, town, village, improvement   district, or area  established  under  the  town  law,  refuse  district   established under the county law, district or area having powers similar   to a refuse district created under any general or special law, or public   corporation of the state, or any combination thereof.9.  "Person" means any natural person, partnership, association, joint   venture or corporation, exclusive of a public corporation.10. "Project"  means  any  solid  waste  management-resource  recovery   facility,  and  any  appurtenances  thereto  necessary  or  desirable to   promote the efficiency or effectiveness of any facility,  the  planning,    development, financing, construction, operation, or maintenance of which   is  authorized  to  be  undertaken  in whole or in part by the authority   pursuant to this title.11.  "Real property" means lands, structures, franchises and interests   in land, 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 judgment, mortgages or otherwise and all claims   for damage for such real property.12. "Resource recovery" means the separation, extraction and  recovery   of  usable  materials,  energy  or  heat from solid waste through source   separation, recycling centers or other programs, projects or facilities.13. "Revenues" means all rates, fees, rents, charges and other  income   derived by the authority from its operation.14.  "Solid  waste"  means  all  putrescible and non-putrescible solid   wastes, including, but not limited to, materials or substances discarded   or rejected as being spent, useless, worthless,  or  in  excess  to  the   owners  at  the  time  of  such  discard  or  rejection,  or  are  being   accumulated, stored, or physically, chemically or  biologically  treated   prior  to being discarded or rejected, having served their intended use,   or as  a  manufacturing  by-product,  including,  but  not  limited  to,   garbage,  refuse,  industrial, commercial and agricultural waste sludges   from air or water pollution control facilities or water supply treatment   facilities, rubbish,  ashes,  contained  gaseous  material,  incinerator   residue, demolition and construction debris and offal, but not including   sewage  and  other  highly diluted water-carried materials or substances   and those in gaseous form, special nuclear or by-product material within   the meaning of the Atomic Energy Act of 1954, as amended, or waste which   appears on the list or satisfies the characteristics of hazardous  waste   promulgated  by  the commissioner of environmental conservation pursuant   to section 27-0903 of the environmental conservation law.15. "Solid waste management-resource recovery facility" or  "facility"   means   any   facility,   plant,  works,  system,  building,  structure,   improvement, machinery, equipment, fixture or  other  real  or  personal   property  which is to be used, occupied or employed for or is incidental   to the collecting,  receiving,  transporting,  storage,  processing,  or   disposal  of solid waste or the recovery by any means of any material or   energy product or resource therefrom  including,  but  not  limited  to,   recycling  centers,  transfer  stations, baling facilities, rail haul or   maritime facilities, collection vehicles, processing  systems,  resource   recovery  facilities,  steam  and  electric  generating and transmission   facilities, including auxiliary facilities to supplement or  temporarily   replace  such  generating  facilities,  steam  distribution  and related   plants  and   facilities,   sanitary   landfills,   leachate   treatment   facilities,   plants   and  facilities  for  compacting,  composting  or   pyrolization  of  solid   wastes,   secure   land   burial   facilities,   landspreading  facilities,  surface  impoundments and waste oil storage,   reprocessing  and  recycling  facilities,  incinerators,   co-composting   recycling  facilities  and  other  solid  waste  disposal,  reduction or   conversion facilities and resource recovery equipment, source separation   equipment and disposal equipment as defined  in  subdivisions  four  and   five of section 51-0903 of the environmental conservation law.  Any such   facility  producing  either  electricity  or shaft horsepower and useful   thermal energy shall constitute a co-generation facility  as  designated   in subdivision two-a of section two of the public service law. 16.  "Source separation" means the segregation of recyclable materials   from the solid waste stream at the  point  of  generation  for  separate   collection, sale or other disposition.17. "State" means the state of New York.18.  "Towns"  means  the  towns  of  Stephentown,  Berlin, Petersburg,   Grafton,  Hoosick,  Pittstown,  Poestenkill,  Schaghticoke,  Sand  Lake,   Nassau,   Schodack,  Brunswick,  village  of  Schaghticoke,  village  of   Castleton-on-Hudson, village of Nassau, village of Valley Falls, and the   village of Hoosick jointly or individually as shall be determined by the   usage of such terms in this title, or such  of  them  that  satisfy  the   requirements  of  subdivision  four  of section two thousand fifty-cc of   this title by filing the certificate required by that section.