N.Y. Public Service Law § 160: Definitions

§ 160. Definitions. Where used in this article, the following terms,

unless the context otherwise requires, shall have the following

meanings:

1. "Municipality" means a county, city, town or village located in

this state.

* 2. "Major electric generating facility" means an electric generating

facility with a nameplate generating capacity of twenty-five thousand

kilowatts or more, including interconnection electric transmission lines

that are not subject to review under article VIII of this chapter and

fuel gas transmission lines that are not subject to review under article

seven of this chapter.

* NB Effective until December 31, 2040

* 2. "Major electric generating facility" means an electric generating

facility with a nameplate generating capacity of twenty-five thousand

kilowatts or more, including interconnection electric transmission lines

and fuel gas transmission lines that are not subject to review under

article seven of this chapter.

* NB Effective December 31, 2040

3. "Person" means any individual, corporation, public benefit

corporation, political subdivision, governmental agency, municipality,

partnership, co-operative association, trust or estate.

4. "Board" means the New York state board on electric generation

siting and the environment, which shall be in the department and consist

of seven persons: the chair of the department, who shall serve as chair

of the board; the commissioner of environmental conservation; the

commissioner of health; the chair of the New York state energy research

and development authority; the commissioner of economic development and

two ad hoc public members, both of whom shall reside within the

municipality in which the facility is proposed to be located, except if

such facility is proposed to be located within the city of New York,

then all ad hoc members shall reside within the community district in

which the facility is proposed to be located. One ad hoc member shall be

appointed by the president pro tem of the senate and one ad hoc member

shall be appointed by the speaker of the assembly, in accordance with

subdivision two of section one hundred sixty-one of this article. The

term of the ad hoc public members shall continue until a final

determination is made in the particular proceeding for which they were

appointed.

5. "Certificate" means a certificate of environmental compatibility

and public need authorizing the construction of a major electric

generating facility issued by the board pursuant to this article.

6. "Fuel waste byproduct" shall mean waste or combination of wastes

produced as a byproduct of generating electricity from a major electric

generating facility in an amount which requires storage or disposal and,

because of its quantity, concentration, or physical, chemical or other

characteristics, may pose a substantial present or potential hazard to

human health or the environment.

7. "Nameplate" means a manufacturer's designation, generally as

affixed to the generator unit, which states the total output of such

generating facility as originally designed according to the

manufacturer's original design specifications.

8. "Public information coordinator" means an office created within the

department which shall assist and advise interested parties and members

of the public in participating in the siting and certification of major

electric generating facilities. The duties of the public information

officer shall include, but not be limited to: (a) implementing measures

that assure full and adequate public participation in matters before the

board; (b) responding to inquiries from the public for information on

how to participate in matters before the board; (c) assisting the public

in requesting records relating to matters before the board; (d) ensuring

all interested persons are provided with a reasonable opportunity to

participate at public meetings relating to matters before the board; (e)

ensuring that all necessary or required documents are available for

public access on the department's website within any time periods

specified within this article; and (f) any other duties as may be

prescribed by the board, after consultation with the department.

9. "Local parties" shall mean persons residing in a community who may

be affected by the proposed major electric generating facility who

individually or collectively seek intervenor funding pursuant to

sections one hundred sixty-three and one hundred sixty-four of this

article.