N.Y.
Public Authorities Law Section 2702
Definitions
1.
“Authority” shall mean the public benefit corporation created by § 2703 (Development authority of the north county)section twenty-seven hundred three of this title, known as the development authority of the north country.2.
“Bonds” shall 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 shall apply with equal force and effect to notes and noteholders, respectively, unless the context otherwise clearly requires.3.
“Construction” shall mean the acquisition, erection, building, alteration, improvement, increase, enlargement, extension, reconstruction, renovation or rehabilitation of any project financed under the provisions of this title; 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 preliminary or incidental thereto.4.
“Cost” as applied to a project or any portion thereof financed under the provisions of this title embraces all or any part of the cost of construction and acquisition of all lands, structures, real or personal property, rights, rights-of-way, franchises, easements and interests acquired or used for a project, the cost of demolishing or removing any buildings or structures on land so acquired, including the costs of relocating tenants or other occupants of the building or structures on such land and the cost of acquiring any lands to which such buildings or structures may be moved, the cost of all machinery and equipment, financing charges, interest, reserves for principal and interest and for extensions, enlargements, additions, replacements, renovations and improvements, cost of engineering, financial and legal services, plans, specifications, studies, surveys, estimates of cost and of revenues, administrative expenses, expenses necessary or incident to determining the feasibility or practicability of constructing the project and such other expenses as may be necessary or incident to the construction and acquisition of the project, the financing of such construction and acquisition and the placing of the project in operation, including all costs relating to the refinancing or satisfaction of existing indebtedness; and any reimbursements to any municipality, state agency, the state, the United States or any other person or public corporation for expenditures that would be costs of any project hereunder had they been made directly by the authority.5.
“Existing sewer system” shall mean all sewers, including, without limitation, trunk, intercepting, connecting, lateral and other sewers, storm water drains, pumping stations, disposal or treatment plants or works, structures, appliances, equipment and other adjuncts thereto, comprising the portion of the system of sewerage owned by any participating county or municipality within a participating county, as delineated on a map filed by the governing body of such county or municipality with the secretary of the state of New York pursuant to this title.6.
“Municipality” shall mean any county, city, town, village, refuse district under the county law, improvement district under the town law, any other such instrumentality, including any agency, authority or public corporation of the state, or any of the foregoing, or any combination thereof.7.
“Participating counties” shall mean the counties of Jefferson, St. Lawrence and Lewis.8.
“Person” shall mean any natural person, partnership, association, joint venture or corporation, exclusive of a public corporation.9.
“Project” shall mean a sewerage facility, solid waste management facility, water facility, or any portion of which, the planning, development, financing, acquisition, construction, operation or maintenance is authorized to be undertaken in whole or in part by the authority pursuant to this title.10.
“Real property” shall mean lands, structures, improvements franchises and interests in land, including lands under water, waterfront property, marginal streets and riparian rights, space rights and air rights and any and all other things and rights usually included within said term and any fixtures, equipment and articles of personal property affixed to or used in connection therewith. Real property shall also mean and include any and all interests in such property less than full title, such as easements, 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, and also all claims for damages for such real estate.11.
“Resource recovery” shall mean the separation, extraction or recovery of usable materials, energy or heat from solid waste through source separation, incineration, recycling centers or other programs, projects or facilities.12.
“Revenues” shall mean all rates, fees, rents, charges and other income derived by the authority from its operations.13.
“Sewerage facility” shall mean a system of trunk, intercepting and connecting, lateral and outlet sewers, storm water drains, pumping and ventilating stations, disposal or treatment plants or works, and other appliances and structures, which in the judgment of the authority will provide an effectual and advantageous means for relieving the participating counties and municipalities within the participating counties from pollution created by the sewage and waste and relieving the participating counties and municipalities within the participating counties from inadequate sanitary and storm water drainage by providing for the sanitary disposal or treatment of the sewage thereof, or such sections or parts of such systems as the authority may from time to time deem it proper or convenient to construct, consistent with purpose of this title.14.
“Solid waste” shall mean all putrescible and non-putrescible solid wastes, including, but not limited to, materials or substances discarded or rejected, whether as being spent, useless, worthless or in excess to the owners at the time of such discard or rejection or for any other reason, is being accumulated, stored, or physically, chemically or biologically treated prior to being discarded, has served its intended use, or is a manufacturing or mining by-product, including, but not limited to, garbage, refuse, and other discarded solid materials, including solid waste materials resulting from industrial, commercial, mining and agricultural operations and from community activities, 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, and waste which appears on the list of hazardous waste promulgated by the commissioner of environmental conservation pursuant to Environmental Conservation Law § 27-0903 (Identification and listing of hazardous waste)section 27-0903 of the environmental conservation law.15.
“Solid waste management facility” shall mean 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, shredding or 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 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 refining facilities, incinerators and other solid waste disposal, reduction or conversion facilities, and “resource recovery equipment” and “disposal equipment” as such terms are defined in subdivisions four and five of Environmental Conservation Law § 51-0903 (Definitions)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 defined in subdivision two-a of Public Service Law § 2 (Definitions)section two of the public service law.16.
“Source separation” shall mean the segregation of recyclable materials from the solid waste stream at the point of generation for separate collection, sale or other disposition.17.
“State” shall mean the state of New York.18.
“United States” shall mean the United States of America or any department, agency or instrumentality thereof acting on behalf of the United States of America.19.
“Water facility” shall mean any water supply or distribution system or systems, including any plants, works, instrumentalities or parts thereof and appurtenances thereto, lands, easements, rights in land and water rights, right-of-way, contract rights, franchises, approaches, connections, dams, reservoirs, water mains and pipe lines, pumping stations and equipment, or any other property incidental to and included in such system or part thereof, and any improvements, extensions and betterments.20.
“Community facility” shall mean any facility in the participating counties that provides for the health, education and welfare of the residents of the region within such participating counties, including but not limited to medical facilities, housing facilities, educational facilities, transportation facilities, municipal service facilities, and cultural and social facilities.
Source:
Section 2702 — Definitions, https://www.nysenate.gov/legislation/laws/PBA/2702 (updated Sep. 22, 2014; accessed Oct. 26, 2024).
