N.Y. Public Authorities Law § 1851: Definitions

§ 1851. Definitions. As used or referred to in this title, unless a

different meaning clearly appears from the context:

1. "Nuclear fission energy" shall mean all forms of energy released in

the course of nuclear fission.

2. "Authority" shall mean the New York state energy research and

development authority continued pursuant to section one thousand eight

hundred fifty-two of this title.

3. "Bonds" and "notes" shall mean such bonds and notes as are issued

by the authority pursuant to this title.

4. "Comptroller" shall mean the comptroller of the state.

5. "Person" shall mean any natural person, firm, association, public

or private corporation, public utility, organization, partnership,

trust, estate, or joint stock company, or any political subdivision of

the state, or any officer or agent thereof.

6. "Real property" shall mean lands, waters, rights in lands or

waters, structures, franchises, improvements and interests in land,

including lands under water and riparian rights, and any and all other

things and rights usually included within 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 hereditaments in every estate, interest or

right, legal or equitable.

7. "State" shall mean the state of New York.

8. "State agency" shall mean any officer, department, board,

commission, bureau, division, corporation, agency or instrumentality of

the state.

9. "Commissioner" shall mean the commissioner of transportation of the

state of New York.

10. "New energy technologies" shall mean all methods used to produce,

distribute, conserve and store energy by methods not in common

commercial use, with emphasis on renewable energy sources including but

not limited to solar, wind, bioconversion and solid waste.

11. "Energy conservation technologies" shall mean all methods of

conserving energy, of improving the efficiency of energy utilization and

of preserving and protecting the environment and the public health and

safety in connection with the use of energy.

13. "Special energy project" shall mean any land, works, system,

building or other improvement, and all real and personal properties of

any nature or any interest in any of them deemed necessary or desirable

in connection therewith or incidental thereto, whether or not now in

existence or under construction, which shall be suitable for or related

to the furnishing, generation, production, exploration, transmission,

distribution, conservation, conversion or storage of energy or energy

resources, or the conversion of oil-burning facilities to alternate

fuels, or for the acquisition, extraction, conversion, transportation,

storage, loading, unloading or reprocessing of fuel of any kind for

industrial, manufacturing, warehousing, commercial, storage, research,

recreational, educational, dormitory, health, mental hygiene or

multi-family housing facilities or purposes and which may, but shall not

be required to, employ new energy technologies.

14. "Low-level radioactive waste" shall mean radioactive waste that:

a. is not high-level radioactive waste, transuranic waste, spent

nuclear fuel, or the tailings or wastes produced by the extraction or

concentration of uranium or thorium from any ore processed primarily for

its source material content; and

b. the United States nuclear regulatory commission, consistent with

federal law, and in accordance with paragraph a of this subdivision,

classifies as low-level radioactive waste.

15. "Low-level radioactive waste management facilities" shall mean

facilities for permanent disposal of low-level radioactive waste and any

associated facilities for treatment and handling of such waste,

including but not limited to, facilities for purposes of stabilization,

volume reduction, or the protection of health and safety of workers or

members of the public.

16. "Permanent disposal facilities" shall mean low-level radioactive

waste management facilities for permanent disposal of low-level

radioactive waste generated within the state of New York other than such

waste which is a federal responsibility pursuant to the provisions of

federal law pertaining to state and federal responsibilities for

disposal of low-level radioactive waste.

17. "Generate" or "generation", when used with respect to low-level

radioactive waste, shall mean the production, or causing the production

of, or activity which otherwise results in the creation or increase in

volume of low-level radioactive waste. A person who generates low-level

radioactive waste includes one who personally, or through the actions of

any agent, employee, or contractor, generates low-level radioactive

waste.

18. "Generation attribute certificates" shall mean the environmental,

vintage and other attributes associated with the generation of

kilowatt-hours and/or megawatt-hours of electrical energy. Generation

attribute certificates shall exist as a commodity separate and apart

from kilowatt-hours and/or megawatt-hours.