2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 8-A - New York State Local Water and Sewer Authority Act › 1196-B - Definitions.

§  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.