§ 2642-B — Definitions

New York § 2642-B

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 28-AA: Chautauqua, Cattaraugus, Allegany and Steuben Southern Tier Extension Railroad Authority
• Art. 8: Miscellaneous Authorities

Text

§ 2642-b. Definitions. As used or referred to in this title, unless a\ndifferent meaning appears from the context:\n 1. "Authority" shall mean the corporation created by section\ntwenty-six hundred forty-two-c of this title.\n 2. "Authority facilities" shall mean the authority's railroad\nfacilities and operations pursuant to joint service arrangements as\ndefined in subdivision eight of this section.\n 3. "Commonwealth" shall mean the Commonwealth of Pennsylvania.\n 4. "Commonwealth agency" or "agency of the Commonwealth" shall mean\nany officer, department, board, commissioner, bureau, division, public\nbenefit corporation, agency or instrumentality of the Commonwealth of\nPennsylvania.\n 5. "Comptroller" shall mean the comptroller of the state of New York.\n 6. "Equipment" shall mean rolling stock, vehicles, motors, boilers,\nengines, wires, ways, conduits and mechanisms, machinery, tools,\nimplements, materials, supplies, instruments and devices of every nature\nwhatsoever used or useful for railroad and related transportation\npurposes or for the generation or transmission of motive power including\nbut not limited to all power houses, and all apparatus and all devices\nfor signaling, communications and ventilation as may be necessary,\nconvenient or desirable for the operation of a railroad or related\ntransportation facility.\n 7. "Federal government" shall mean the United States of America, and\nany officer, department, board, commission, bureau, division,\ncorporation, agency or instrumentality thereof.\n 8. "Joint service arrangements" shall mean agreements between or among\nthe authority and any common carrier or freight forwarder, the state,\nthe Commonwealth, any state agency or agency of the Commonwealth, the\nfederal government, any other state or Commonwealth or agency or\ninstrumentality thereof, any public authority of this or any other\nstate, any participating county, or any political subdivision or\nmunicipality of this or any other state, relating to property,\nbuildings, structures, facilities, services, rates, fares,\nclassifications, divisions, allowances or charges, or rules or\nregulations pertaining thereto, for or in connection with or incidental\nto transportation in part in or upon railroad facilities located within\nthe counties of Chautauqua, Cattaraugus, Allegany and Steuben and in\npart in or upon railroad facilities located outside said counties.\n 9. "Legislative body" or "legislative bodies" shall mean any or all of\nthe governing boards of the counties of Chautauqua, Cattaraugus,\nAllegany and Steuben.\n 10. "Municipality" shall mean any county, including the counties of\nChautauqua, Cattaraugus, Allegany and Steuben, city, town, village,\nschool district, improvement district, any other such instrumentality,\nincluding an agency or public benefit corporation of the state, or any\nof the foregoing, or any combination thereof.\n 11. "Participating counties" shall mean those of the counties of\nChautauqua, Cattaraugus, Allegany and Steuben that shall have appointed\nmembers of the authority.\n 12. "Railroad facilities" shall mean right-of-way and related\ntrackage, rails, cars, locomotives, other rolling stock, signal, power,\nfuel, communication and ventilation systems, power plants, stations,\nterminals, parking lots, garages, warehouses, storage yards, intermodal\nfacilities, repair and maintenance shops, yards, equipment and parts,\noffices and other real estate or personalty used or held for or\nincidental to the operation, rehabilitation or improvement of any\nrailroad operating or to operate between points within the counties of\nChautauqua, Cattaraugus, Allegany and Steuben or pursuant to joint\nservice arrangements, including but not limited to buildings,\nstructures, and areas notwithstanding that portions thereof may not be\ndevoted to any railroad purpose other than the production of revenues\navailable for the costs and expenses of all or any facilities of the\nauthority.\n 13. "Real property" shall mean lands, structures, franchises and\ninterests in land, waters, lands under water, riparian rights and air\nrights and any and all things and rights included within said term and\nincludes not only fees simple absolute but also any and all lesser\ninterests including but not limited to easements, rights-of-way, uses,\nleases, licenses and all other incorporeal hereditaments and every\nestate, interest or right, legal or equitable, including terms for years\nand liens thereon by way of judgments, mortgages or otherwise.\n 14. "State" shall mean the state of New York.\n 15. "State agency" shall mean any officer, department, board,\ncommissioner, bureau, division, public benefit corporation, agency or\ninstrumentality of the state of New York.\n 16. "Southern tier extension railroad line" shall mean the railroad\nline generally described as located between the city of Hornell, New\nYork (Cass street interlocking, at approximately milepost 331.8) and the\nNew York-Pennsylvania state line in the county of Chautauqua.\n