2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 2-A - New York City Municipal Water Finance Authority › 1045-B - Definitions.

§  1045-b. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:
1. "Authority" shall mean the public benefit  corporation  created  by
section  one  thousand forty-five-c of this title, known as the New York
city municipal water finance authority.
2. "Bonds" shall mean 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.
3. "City" shall mean the city of New York.
4. "Comptroller" shall mean the comptroller of the city.
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  or  water  project, 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  and
claims arising therefrom.
6. "Contracting agency" shall mean any municipality, agency, authority
or  board,  state agency, public authority or public benefit corporation
authorized to award contracts  for  design,  construction,  services  or
materials for water projects authorized by this title.
7. (a) "Cost", as applied to any water 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,  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 or bond
insurance, other expenses necessary, reasonably related or incidental to
the construction  of  such  water  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 water project in operation, including
reimbursement to any municipality, state agency, the state,  the  United
States  government,  or  any other person for expenditures that would be
costs of the water project hereunder.
(b)  Notwithstanding  the  provisions  of  paragraph   (a)   of   this
subdivision,  with  respect to any fund established to support a program
of water projects in Westchester and Putnam counties from  the  proceeds
of bonds issued pursuant to this chapter, "cost" as applied to any water
project shall also include any interest paid after January twenty-first,
nineteen  hundred  ninety-seven, without any other limitation as to when
paid and without regard to the availability  of  any  other  sources  of
payment  therefor,  on  bonds,  notes or other evidences of indebtedness
issued by any local  governmental  entity  after  January  twenty-first,
nineteen   hundred  ninety-seven  to  finance  expenditures  that  would
otherwise be costs of such water projects.
8. "Mayor" shall mean the mayor of the city of New York.
9. "Municipal bond" shall mean a  bond,  note  or  other  evidence  of
indebtedness  lawfully  issued by the city pursuant to the local finance
law or any other law applicable thereto.
10. "Person" shall mean any person, firm, partnership, association, or
corporation  organized  or  existing  under the laws of the state or any
other state, exclusive of public corporations  as  defined  pursuant  to
article two-A of the general construction law.
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 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 rights, 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,  phosphorous  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, the city or the
water  board,  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, department, board,
commission, bureau or division, or other agency  or  instrumentality  of
the state.
17.  "System  revenues"  shall mean rents, fees, charges, payments and
other income and receipts derived  from  users  of  a  water  system  or
sewerage  system  of  the  city  or  the  water board including, without
limiting the  generality  of  the  foregoing,  investment  proceeds  and
proceeds  of  insurance,  condemnation, sale or other disposition of any
part thereof, together with all federal or state aid therefor.
18. "Water board" shall mean the water board  or  a  sewer  and  water
board,  as  the  case  may  be,  created  by  a special act of the state
legislature, for the city as a body corporate and politic,  constituting
a  public  benefit  corporation,  and  having  the  powers and duties as
provided in this title.
19. "Water facility" or "water  facilities"  shall  mean  any  plants,
structures and other real and personal property acquired, rehabilitated,
or  constructed or planned for the purpose of supplying, 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,  water-works  or sources of
water  supply,  wells,  purification  or  filtration  plants  or   other
treatment plants and works, connections, water meters, rights of flowage
or  division  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,
treatment or distribution of water.
20. "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.
21. "Water system" shall mean the water supply and distribution system
or systems owned by, in the possession of the city or the water board or
under the jurisdiction, control and regulation of  the  city,  including
all  additions,  increases,  enlargements,  extensions  or  improvements
thereto.