§ 160 — Definitions

New York § 160

• Jurisdiction: New York
• Law PBS: Public Service
• Art. 10: Siting of Major Electric Generating Facilities

Text

§ 160. Definitions. Where used in this article, the following terms,\nunless the context otherwise requires, shall have the following\nmeanings:\n 1. "Municipality" means a county, city, town or village located in\nthis state.\n * 2. "Major electric generating facility" means an electric generating\nfacility with a nameplate generating capacity of twenty-five thousand\nkilowatts or more, including interconnection electric transmission lines\nthat are not subject to review under article VIII of this chapter and\nfuel gas transmission lines that are not subject to review under article\nseven of this chapter.\n * NB Effective until December 31, 2040\n * 2. "Major electric generating facility" means an electric generating\nfacility with a nameplate generating capacity of twenty-five thousand\nkilowatts or more, including interconnection electric transmission lines\nand fuel gas transmission lines that are not subject to review under\narticle seven of this chapter.\n * NB Effective December 31, 2040\n 3. "Person" means any individual, corporation, public benefit\ncorporation, political subdivision, governmental agency, municipality,\npartnership, co-operative association, trust or estate.\n 4. "Board" means the New York state board on electric generation\nsiting and the environment, which shall be in the department and consist\nof seven persons: the chair of the department, who shall serve as chair\nof the board; the commissioner of environmental conservation; the\ncommissioner of health; the chair of the New York state energy research\nand development authority; the commissioner of economic development and\ntwo ad hoc public members, both of whom shall reside within the\nmunicipality in which the facility is proposed to be located, except if\nsuch facility is proposed to be located within the city of New York,\nthen all ad hoc members shall reside within the community district in\nwhich the facility is proposed to be located. One ad hoc member shall be\nappointed by the president pro tem of the senate and one ad hoc member\nshall be appointed by the speaker of the assembly, in accordance with\nsubdivision two of section one hundred sixty-one of this article. The\nterm of the ad hoc public members shall continue until a final\ndetermination is made in the particular proceeding for which they were\nappointed.\n 5. "Certificate" means a certificate of environmental compatibility\nand public need authorizing the construction of a major electric\ngenerating facility issued by the board pursuant to this article.\n 6. "Fuel waste byproduct" shall mean waste or combination of wastes\nproduced as a byproduct of generating electricity from a major electric\ngenerating facility in an amount which requires storage or disposal and,\nbecause of its quantity, concentration, or physical, chemical or other\ncharacteristics, may pose a substantial present or potential hazard to\nhuman health or the environment.\n 7. "Nameplate" means a manufacturer's designation, generally as\naffixed to the generator unit, which states the total output of such\ngenerating facility as originally designed according to the\nmanufacturer's original design specifications.\n 8. "Public information coordinator" means an office created within the\ndepartment which shall assist and advise interested parties and members\nof the public in participating in the siting and certification of major\nelectric generating facilities. The duties of the public information\nofficer shall include, but not be limited to: (a) implementing measures\nthat assure full and adequate public participation in matters before the\nboard; (b) responding to inquiries from the public for information on\nhow to participate in matters before the board; (c) assisting the public\nin requesting records relating to matters before the board; (d) ensuring\nall interested persons are provided with a reasonable opportunity to\nparticipate at public meetings relating to matters before the board; (e)\nensuring that all necessary or required documents are available for\npublic access on the department's website within any time periods\nspecified within this article; and (f) any other duties as may be\nprescribed by the board, after consultation with the department.\n 9. "Local parties" shall mean persons residing in a community who may\nbe affected by the proposed major electric generating facility who\nindividually or collectively seek intervenor funding pursuant to\nsections one hundred sixty-three and one hundred sixty-four of this\narticle.\n