2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 11-A - Niagara Frontier Transportation Authority › 1299-A - Definitions.

§  1299-a. 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  twelve
  hundred ninety-nine-c of this title.
2.   "Authority  facilities"  shall  mean  the  authority's  railroad,
  omnibus, marine and aviation facilities and operations pursuant to joint
  service arrangements.
3. "Comptroller" shall mean the comptroller of the state of New York.
4. "Equipment" shall mean rolling  stock,  omnibuses,  vehicles,  air,
  marine or surface craft, motors, boilers, engines, wires, ways, conduits
  and  mechanisms,  machinery,  tools,  implements,  materials,  supplies,
  instruments and devices of every nature whatsoever used  or  useful  for
  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 signalling, communications and ventilation as may be
  necessary, convenient or desirable for the operation of a transportation
  facility.
5.  "Federal  government" shall mean the United States of America, and
  any  officer,   department,   board,   commission,   bureau,   division,
  corporation, agency or instrumentality thereof.
6. "Governor" shall mean the governor of the state of New York.
7. "Joint service arrangements" shall mean agreements between or among
  the  authority  and  any common carrier or freight forwarder, the state,
  any state agency, the federal government, any other state or  agency  or
  instrumentality  thereof,  any  public  authority  of  this or any other
  state, any political subdivision or municipality of the  state,  or  the
  nation,   relating   to  property,  buildings,  structures,  facilities,
  services,  rates,  fares,  classifications,  divisions,  allowances   or
  charges  (including  charges  between  operators  of  railroad, omnibus,
  marine and aviation facilities),  or  rules  or  regulations  pertaining
  thereto,  for  or  in connection with or incidental to transportation in
  part in or upon railroad, omnibus, marine or aviation facilities located
  within the district and in part in or upon railroad, omnibus, marine  or
  aviation facilities located outside the district.
8. "Marine and aviation facilities" shall mean equipment and craft for
  the  transportation  of passengers, mail and cargo between points within
  the district or pursuant to joint service arrangements, by marine  craft
  and  aircraft  of  all  types  including  but not limited to hydrofoils,
  ferries, lighters, tugs, barges, helicopters, amphibians,  seaplanes  or
  other  contrivances  now  or hereafter used in navigation or movement on
  waterways or in the navigation of or flight in airspace. It  shall  also
  mean  port  facilities in the transportation district including, but not
  limited to, (a) one or more docks, elevators, wharves, piers, bulkheads,
  slips, basins, harbors, railroad connections, side  tracks  or  sidings,
  freight  terminals,  warehouses, bridges, tunnels, and areas for storage
  of cargoes, materials, goods, wares, and merchandise of any kind and for
  the loading, unloading, interchange or transfer  of  any  such  cargoes,
  materials,   goods,   wares   and   merchandise;  (b)  other  buildings,
  structures,  facilities  or  improvements   necessary   to   accommodate
  steamships or other vessels and their cargoes or passengers; and (c) all
  real  and  personal  property,  driveways, roads, approaches, mechanical
  equipment and all appurtenances and facilities either on, above or under
  the  ground  which  are  necessary,  convenient  or  desirable  for  the
  development,   control   and   operation   of  port  facilities  in  the
  transportation district. It shall also mean any airport facility  within
  the  transportation  district, including but not limited to any facility
  or real property necessary, convenient or  desirable  for  the  landing,
  taking  off,  accommodation  or  servicing  of  such  aircraft and shall

  include such facilities, property, structures and appurtenances  as  may
  be necessary or convenient in the operation, maintenance, development or
  improvement  of airports including facilities, property, structures, and
  appurtenances, leased by the Authority to persons, firms or corporations
  engaged  in  air  transportation  or  the  production  or development of
  materials, goods or equipment for airports or air transportation  or  in
  providing  facilities  for  the  accommodation, safety or comfort of the
  traveling public and for purposes related or incidental to one  or  more
  of  the  foregoing  purposes.  It  shall  also mean any airport facility
  within the transportation district or within ten miles of the boundaries
  thereof.
9. "Omnibus  facilities"  shall  mean  motor  vehicles,  of  the  type
  operated  by  carriers subject to the jurisdiction of the public service
  commission, engaged  in  the  transportation  of  passengers  and  their
  baggage, express and mail between points within the district or pursuant
  to  joint  service  arrangements,  and  equipment,  property, buildings,
  structures, improvements, loading or unloading areas, parking  areas  or
  other   facilities,   necessary,   convenient   or   desirable  for  the
  accommodation of such motor vehicles or their passengers, including  but
  not  limited  to  buildings,  structures  and areas notwithstanding that
  portions may not be devoted  to  any  omnibus  purpose  other  than  the
  production  of  revenues  available for the costs and expenses of all or
  any facilities of the authority.
10.  "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, storage yards, 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 district 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.
11. "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.
12. "State" shall mean the state of New York.
13.  "State  agency"  shall  mean  any  officer,  department,   board,
  commissioner,  bureau,  division,  public benefit corporation, agency or
  instrumentality of the state.
14. "Transportation facility" shall mean any railroad, omnibus, marine
  or aviation facility and any person, firm, partnership,  association  or
  corporation  which  owns,  leases  or  operates any such facility or any
  other facility used for service in  the  transportation  of  passengers,
  United States mail or personal property as a common carrier for hire and
  any portion thereof and the rights, leaseholds or other interest therein
  together  with  routes,  tracks,  extensions, connections, parking lots,
  garages, warehouses, yards, storage yards, maintenance and repair shops,
  terminals, stations and other related facilities thereof,  the  devices,
  appurtenances,   and  equipment  thereof  and  power  plants  and  other
  instrumentalities used or useful therefor or in connection therewith.
15. "Transportation district" and "district" shall  mean  the  Niagara
  Frontier  transportation  district  created  by  section  twelve hundred
  ninety-nine-b of this title.
16.  "Niagara  Frontier  Port  Authority"  shall  mean the corporation
  continued by a chapter  of  the  laws  of  nineteen  hundred  sixty-nine
  entitled  "An act to effect a consolidation of the Niagara Frontier port
  authority and the Niagara  Frontier  transportation  authority,  and  to
  amend  the  public  authorities law and chapter two hundred sixty of the
  laws of nineteen hundred fifty-seven, entitled 'An act to designate  the
  Niagara Frontier port authority to receive certain future payments from,
  and  subsequent  to July first, nineteen hundred ninety-two, to exercise
  jurisdiction over the property and assets acquired and held in the state
  of New York by the Buffalo and Fort Erie public  bridge  authority,  and
  making  other  provision  with  respect  to  such payments, property and
  assets', in relation thereto".
17. "Nation" shall mean the Seneca Nation of Indians.
18. "Transit dependent individual" shall mean  an  individual  who  is
  limited  to  public  transit  as  their  primary  mode of transportation
  because the individual has a permanent disability.