§ 40. Definitions. Whenever used in this article, unless a different meaning clearly appears from the context:

1. "Authority" shall mean a public benefit corporation created by section forty-one of this article for the purposes specified in article five-I of the general municipal law.

2. "Government" shall include the state, municipality and the federal government, and any agency or instrumentality, corporate or otherwise, or any of them acting for and on behalf of the state, a municipality or the federal government.

3. "State" shall mean New York State.

4. "Municipality" shall mean a city, town, village or county not wholly contained within a city.

5. "Municipal corporation" shall mean a city, town, village, or county not wholly contained within a city, special transportation district, public benefit corporation or other public corporation, or two or more of the foregoing acting jointly.

6. "Real Property" shall include lands, waters, rights in lands or waters, structures, franchises and interests in land, including lands under water, riparian rights, and air rights, and any and all other things and rights usually included within the said term and includes also any and all interests in such property less than full title, such as easements, permanent or temporary, rights-of-way, uses, leases, licenses and all other incorporeal heriditaments and every estate, interest or right legal or equitable.

7. "Personal property" shall mean chattels and other tangible things of a movable or removable nature.

8. "Property" shall mean both real and personal property.

9. "Capital project" shall mean the acquisition, construction, reconstruction or improvement of any omnibus, transportation or other omnibus transportation capital facility and real property and capital equipment used in connection therewith; including the preparation of feasibility studies, plans, specifications and estimates of cost therefor.

10. "Municipal project" shall mean any omnibus transportation capital project undertaken by a municipal corporation.

11. "Federal project" shall mean a municipal project aided or financed in whole or in part by the federal government.

12. "State Project" shall mean a municipal project aided or financed in whole or in part by the state.

13. "Project" shall mean a specific work or improvement to effectuate all or any part of a plan. A project may be a federal project, a state project, a municipal project or any combination of these.

14. "Project cost" shall mean the actual cost of any municipal project, or the estimated cost of such project as determined by the commissioner of transportation, whichever is lower, plus any direct incidental costs approved by the commissioner and the state comptroller.

15. "Plan" shall mean a plan or undertaking to carry into effect any municipal project.

16. "Governing body" shall mean (1) In a county, the county legislative body; (2) in a city, the board of aldermen, a common council, commission or other body vested by its charter or other law with jurisdiction to enact ordinances or local laws, except that in a city having a population of one million or more, if there be a board of estimate, the term "governing body" shall mean such board of estimate; (3) in a town, the town board; and, (4) in a village, the board of trustees.

17. "Federal assistance" shall mean funds available, other than by loan from the federal government to the Utica transit authority, either directly or through allocation by the state, for any omnibus transportation capital project.

18. "State Assistance" shall mean funds available from the state government to any omnibus transportation capital project.