New York Public Service Section 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 and fuel gas transmission lines that are not subject to review under article seven of this chapter.

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.


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Last modified: September 11, 2016