§ 1160. Definitions. As used in this section:

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Terms Used In N.Y. Public Health Law 1160

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.

1. "Allocation" means the amount of moneys allocated to reduce a recipient's or group of recipients' total financing costs for one or more eligible projects.

2. "Construction" means the erection, building, acquisition, alteration, reconstruction, improvement, enlargement or extension of an eligible project; 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 necessary thereto.

3. "Corporation" means the New York state environmental facilities corporation, continued pursuant to § 1282 of the public authorities law, or any successor thereto.

4. "Eligible project" means a project for construction of a water supply facility which is intended to improve drinking water facilities, including a project that would be eligible for financing under or designed to comply with the requirements of the federal safe drinking water act or other applicable federal law and state drinking water quality goals and standards, which the commissioner has determined:

(a) is necessary for the objectives and goals of the state sanitary code or the federal safe drinking water act to assure safe public drinking water;

(b) represents a reasonable effort to develop a viable water supply that can consistently meet drinking water standards;

(c) takes into consideration the water resources management strategy pursuant to title twenty-nine of Article 15 of the environmental conservation law;

(d) is a project for which financial assistance is available from the fund; and

(e) conforms with applicable state rules and regulations.

5. "Financial assistance to a recipient" has the same meaning as set forth in subdivision four of § 1285-m of the public authorities law.

6. "Financing agreement" means an agreement between the corporation and one or more recipients meeting the requirements of section eleven hundred sixty-three of this title.

7. "Fund" means the drinking water revolving fund established under § 1285-m of the public authorities law.

8. "Intended use plan" means a plan identifying the intended uses of the amounts available in the fund, including but not limited to:

(a) a list of those projects for construction of water supply facilities on the priority list developed pursuant to section eleven hundred sixty-one of this title;

(b) a description of the short and long term goals and objectives of the fund;

(c) information on the activities to be supported, including a description of project categories, terms of financial assistance and communities served; and

(d) the criteria and method established for the distribution of financial assistance from the fund.

9. "Municipality" means any county, city, town, village, district corporation, county or town improvement district, school district, Indian nation or tribe recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York state, any public benefit corporation or public authority established pursuant to the laws of New York or any agency of New York state which is empowered to construct and operate an eligible project, or any two or more of the foregoing which are acting jointly in connection with an eligible project.

10. "Recipient" means any municipality, public utility, or person, including any individual, firm, partnership, association, not-for-profit corporation or other corporation organized and existing under the laws of the state or any other state which is empowered to construct and operate an eligible project, or any two or more of the foregoing which are acting jointly in connection with an eligible project.