2023 New York Laws › PBS - Public Service › Article 1 - The Department of Public Service › 2 - Definitions.

§ 2. Definitions.  1. The term "department" when used in this chapter,
  means the department of public service, and the term "commission," means
  the public service commission.
2. The term "commissioner," when used in this chapter,  means  one  of
  the members of the public service commission.
2-a.  The  term  "co-generation  facility", when used in this chapter,
  includes any facility with an electric  generating  capacity  of  up  to
  eighty megawatts, and including any facility with an electric generating
  capacity of up to one hundred twenty megawatts located at a project site
  within  an  air  terminal operated by the port authority of New York and
  New Jersey and wholly contained within a city having a population of one
  million or more, which produces electricity and  useful  thermal  energy
  solely  for  sale  to the port authority of New York and New Jersey, for
  use at the airport, for sale to an electric utility, and/or for sale  to
  the  power authority of the state of New York, together with any related
  facilities located at the same project site, which is  fueled  by  coal,
  gas,  wood,  alcohol,  solid waste refuse-derived fuel, water or oil, to
  the extent any such oil fueled facility was fueled by oil prior  to  the
  effective  date  of  this  subdivision  and  there is no increase in the
  amount of oil used at the facility or to the extent oil  is  used  as  a
  backup  fuel for such facility, and which simultaneously or sequentially
  produces either electricity  or  shaft  horsepower  and  useful  thermal
  energy which is used solely for industrial and/or commercial purposes.
2-b.  The  term  "alternate  energy production facility," when used in
  this chapter, includes any solar, wind turbine, fuel cell, fuel-flexible
  linear generator electric  generating  equipment,  tidal,  wave  energy,
  waste  management  resource  recovery, refuse-derived fuel, wood burning
  facility, or energy storage device utilizing batteries, flow  batteries,
  flywheels  or  compressed  air,  together  with  any  related facilities
  located at the same project site, with an electric  generating  capacity
  of  up  to  eighty  megawatts, which produces electricity, gas or useful
  thermal energy.
2-c. The term "small hydro  facility",  when  used  in  this  chapter,
  includes   any   hydroelectric   facility,  together  with  any  related
  facilities located at the same project site, with an electric generating
  capacity of up to eighty megawatts.
2-d. The term "related facilities" shall mean any land, work,  system,
  building,  improvement, instrumentality or thing necessary or convenient
  to the construction,  completion  or  operation  of  any  co-generation,
  alternate  energy  production  or  small hydro facility and include also
  such transmission or distribution facilities  as  may  be  necessary  to
  conduct electricity, gas or useful thermal energy to users located at or
  near a project site.
3.  The  term  "corporation,"  when  used  in this chapter, includes a
  corporation, company, association and joint-stock association other than
  a  corporation,  company,  association  or   joint   stock   association
  generating  electricity,  shaft horsepower, useful thermal energy or gas
  solely from one or more co-generation, small hydro or  alternate  energy
  production  facilities  or  distributing  electricity, shaft horsepower,
  useful thermal energy or gas solely from one or more of such  facilities
  to users located at or near a project site.
4.  The  word  "person,"  when  used  in  this  chapter,  includes  an
  individual, firm or co-partnership other than  an  individual,  firm  or
  co-partnership  generating electricity, shaft horsepower, useful thermal
  energy or gas solely from one or  more  co-generation,  small  hydro  or
  alternate  energy  production  facilities  or  distributing electricity,
  shaft horsepower, useful thermal energy or gas solely from one  or  more
  of such facilities to users located at or near a project site; provided,

  however,  that  an  individual,  firm  or  co-partnership  generating or
  distributing electricity or gas solely from one or  more  co-generation,
  small hydro or alternate energy production facilities shall nevertheless
  be  considered  a  person  for purposes of commission jurisdiction under
  article seven of this chapter.
10. The term "gas plant," when used in this chapter, includes all real
  estate, fixtures and personal property operated, owned, used  or  to  be
  used  for  or  in  connection  with  or  to  facilitate the manufacture,
  conveying, transportation,  distribution,  sale  or  furnishing  of  gas
  (natural  or  manufactured or mixture of both) for light, heat or power,
  but does not include property used solely for or in connection with  the
  business  of  selling,  distributing  or  furnishing  of gas in enclosed
  containers.
11. The term "gas corporation," when used in  this  chapter,  includes
  every   corporation,   company,  association,  joint-stock  association,
  partnership and person, their lessees, trustees or  receivers  appointed
  by  any court whatsoever, owning, operating or managing any gas plant or
  thermal energy network (a) except where gas  is  made  or  produced  and
  distributed  by  the maker on or through private property solely for its
  own use or the use of its tenants and not for sale to others, (b) except
  where compressed natural gas is sold, distributed or furnished solely as
  a fuel for use in motor vehicles, (c) except where manufactured  gas  is
  sold  by  the  producer  only for use or resale by a gas corporation and
  such gas of the producer and any affiliated producers does not exceed in
  any one year thirty per cent of the total  gas  sold  by  any  purchaser
  thereof  in  the area in which such manufactured gas is resold either as
  manufactured gas or as a component of mixed gas, and  (d)  except  where
  gas  is  made  or  produced  solely  from  one  or more alternate energy
  production facilities or distributed solely from one  or  more  of  such
  facilities  to  users  located  at  or  near  a  project site; provided,
  however, that any producer not  included  within  the  meaning  of  "gas
  corporation"  by  reason  of  exception (c) or (d) shall nevertheless be
  considered a gas corporation for the purposes of commission jurisdiction
  relating to the safety of the construction, operation, or maintenance of
  plants manufacturing pipeline quality gas.
12. The term "electric plant," when used in this chapter, includes all
  real estate, fixtures and personal property operated, owned, used or  to
  be  used  for  or  in  connection  with or to facilitate the generation,
  transmission, distribution, sale or furnishing of electricity for light,
  heat or power; and any conduits,  ducts  or  other  devices,  materials,
  apparatus  or  property  for  containing, holding or carrying conductors
  used or to be used for the transmission of electricity for  light,  heat
  or  power,  and  also  includes retired nuclear power reactors and their
  associated systems, structures, fuel and waste storage facilities,  real
  estate, fixtures and personal property.
13.  The  term  "electric  corporation,"  when  used  in this chapter,
  includes   every   corporation,   company,   association,    joint-stock
  association,   partnership   and  person,  their  lessees,  trustees  or
  receivers appointed by any court whatsoever (other than  a  railroad  or
  street  railroad  corporation generating electricity solely for railroad
  or street railroad purposes or for the use of its tenants  and  not  for
  sale  to  others)  owning,  operating  or managing any electric plant or
  thermal energy network except where electricity  or  thermal  energy  is
  generated  or  distributed  by the producer solely on or through private
  property for railroad or street railroad purposes or for its own use  or
  the  use  of  its  tenants  and  not for sale to others; or except where
  electricity is generated  by  the  producer  solely  from  one  or  more
  co-generation,  small hydro or alternate energy production facilities or

  distributed solely from one or more of such facilities to users  located
  at or near a project site.
14.  The term "combination gas and electric corporation," when used in
  sections  twenty-five-a,  sixty-five  and  sixty-six  of  this  chapter,
  includes  any  gas  corporation  operating  in  New  York  under  common
  ownership with an electric corporation operating  in  New  York  or  any
  electric corporation operating in New York under common ownership with a
  gas  corporation  operating in New York, or any successor of either such
  corporation;  provided,  however,  that  such  term  shall  not  include
  municipally-owned  utilities,  and  shall  not  include  any  generating
  facilities owned or operated by either such corporation  or  any  common
  owner thereof, or any subsidiary of such common owner.
16.  The  term  "municipality",  when used in this chapter, includes a
  city, village, town or lighting district, organized  as  provided  by  a
  general  or special act, provided, however, that the counties of Nassau,
  Rockland, Suffolk and Westchester shall each be deemed a  "municipality"
  and  consents  issued by each such county pursuant to the transportation
  corporations law and the county government law of Nassau  county,  local
  law  adopted  by  the county legislature of Rockland county, the Suffolk
  county charter and the Westchester county charter respectively shall  be
  deemed "consents of local authorities" for the purpose of applying every
  provision  of  this chapter applicable to consents of local authorities;
  and provided further that no county, city,  village,  town  or  lighting
  district   shall   be   deemed   a  municipality  with  respect  to  any
  co-generation, small hydro or alternate energy production facility owned
  by one of the above from which electricity, useful thermal energy or gas
  is generated or produced  or  distributed  from  one  or  more  of  such
  facilities to users located at or near a project site.
17.  The  term  "telephone  corporation,"  when  used in this chapter,
  includes   every   corporation,   company,   association,    joint-stock
  association,   partnership   and  person,  their  lessees,  trustees  or
  receivers appointed  by  any  court  whatsoever,  owning,  operating  or
  managing  any  telephone  line  or  part  of  telephone line used in the
  conduct of the business of affording telephonic communication for  hire;
  excepting,  however,  any corporation, company, association, joint-stock
  association,  partnership  or  person,  their   lessees,   trustees   or
  receivers,  who  or  which  do  not  operate  the  business of affording
  telephonic communication for profit.
18. The term "telephone line," when used  in  this  chapter,  includes
  conduits,   ducts,   poles,   wires,   cables,   cross-arms,  receivers,
  transmitters, instruments, machines, appliances and  all  devices,  real
  estate,  easements,  apparatus,  property  and  routes used, operated or
  owned by  any  telephone  corporation  to  facilitate  the  business  of
  affording  telephonic  communication up to and including the demarcation
  point located on a subscriber's premises.
19. The term "telegraph  corporation,"  when  used  in  this  chapter,
  includes    every   corporation,   company,   association,   joint-stock
  association,  partnership  and  person,  their  lessees,   trustees   or
  receivers,  appointed  by  any  court  whatsoever,  owning, operating or
  managing any telegraph line or  part  of  telegraph  line  used  in  the
  conduct   of  the  business  of  affording  for  hire  communication  by
  telegraph.
20. The term "telegraph line," when used  in  this  chapter,  includes
  conduits,   ducts,   poles,   wires,  cables,  cross-arms,  instruments,
  machines, appliances and all devices, real estate, easements, apparatus,
  property and routes used, operated or owned by any telegraph corporation
  to facilitate the business of affording communication by telegraph.
21. The term "steam plant," when used in this  chapter,  includes  all
  real  estate, fixtures and personal property operated, owned, used or to
  be used for or in connection  with  or  to  facilitate  the  generation,
  transmission,  distribution,  sale  or  furnishing  of steam for heat or
  power.
22.  The term "steam corporation," when used in this chapter, includes
  every  corporation,  company,  association,  joint  stock   association,
  partnership  and  person, their lessees, trustees or receivers appointed
  by any court whatsoever owning, operating or managing any  steam  plant,
  (a) except where steam is made or produced and distributed by the maker,
  on or through private property solely for the maker's own use or the use
  of the maker's tenant and not for sale to others, (b) except where steam
  is  made  or produced by the maker solely from one or more co-generation
  or alternate energy production facilities or distributed soley from  one
  or more of such facilities to users located at or near a project site or
  (c)  except  where  steam is made or produced and distributed solely for
  the use of its members by a non-profit cooperative corporation organized
  under the cooperative corporations law.
22-a. The term "telecommuting", when used in this chapter, shall  mean
  the  conservation of energy through the reduction of travel by employees
  of the department to and from their designated workplace through the use
  of telecommunication and computer technology in tasks including, but not
  limited to, information transfer and processing.
23. The term "utility company" or "public utility company" is used  to
  avoid  repetitions  in  a  provision  applying to one or more persons or
  corporations operating an agency or agencies for public service, and who
  or which  is  or  are  subject  to  the  jurisdiction,  supervision  and
  regulations  prescribed  by  or  pursuant  to provisions of this chapter
  other than article 11; such term being so used only as  a  general  term
  descriptive of such a person or corporation.
24.  The term "utility corporation" or "public utility corporation" is
  an incorporated utility company.
25. The term "stock yard," when used in  this  chapter,  includes  all
  real estate, fixtures and personal property owned, used or to be used in
  connection with the business of affording facilities for the shipment of
  live  stock  and for the care thereof for such purpose prior to the time
  that transportation begins; and the term "stock yard  company"  includes
  every corporation, association, joint stock association, partnership and
  person,  their  lessees,  trustees  or  receivers appointed by any court
  whatsoever, operating or managing a stock yard.
26. The term "water system" when used in  this  chapter  includes  all
  real  estate, attachments, fixtures, impounded water, water-works, water
  plant, water rights and personal property, and all property either real,
  personal or mixed, owned, operated,  used  or  to  be  used  for  or  in
  connection with or to facilitate the distribution, sale or furnishing of
  water  for  domestic,  commercial  or  public uses, but does not include
  property used solely for or in connection with the business of  bottling
  or selling, distributing or furnishing bottled water.
27.  The  term  "water-works  corporation",  when used in this chapter
  includes  every   corporation,   company,   association,   joint   stock
  association,   partnership   and  person,  their  lessees,  trustees  or
  receivers, appointed by  any  court  whatsoever,  owning,  operating  or
  managing   any  water  plant  or  water-works,  except  where  water  is
  distributed solely on or through private property solely for the use  of
  the distributor or its tenants and not for sale to others.
28.  "Thermal  energy,"  when  used  in this chapter, shall mean piped
  non-combustible fluids used  for  transferring  heat  into  and  out  of
  buildings   for   the  purpose  of  eliminating  any  resultant  on-site

  greenhouse gas emissions of all types of heating and cooling  processes,
  including, but not limited to, comfort heating and cooling, domestic hot
  water, and refrigeration.
29.  "Thermal  energy  network," when used in this chapter, shall mean
  all real estate, fixtures and personal property operated, owned, used or
  to be used for or in connection with or to  facilitate  a  utility-scale
  distribution infrastructure project that supplies thermal energy.