§ 25-v. Definitions. As used in this article the following terms shall
have the following meanings:

(a) "Vendor of energy services". Any person, corporation or other
entity which is not a utility, except a public utility service operated
by a city having a population of one million or more in accordance with
a local law adopted pursuant to article fourteen-A of the general
municipal law and the power authority of the state of New York, and
which furnishes or sells electricity, gas or steam, whether or not such
vendor produces such energy and regardless of whether such furnishing or
selling constitutes the main activity of such person, corporation or
other entity or is merely incidental thereto.

(b) "Electricity redistributor". Any landlord, tenant or agent
thereof, who purchases electricity from a utility or any other person,
corporation or other entity and on a metered or unmetered basis resells
or otherwise redistributes for any consideration such electricity to a
non-residential energy user.

(c) "Eligible vendor of energy services".

(1) Any electricity redistributor that sells or otherwise
redistributes for any consideration electricity at a rate which: (i) on
a metered or unmetered basis, does not exceed the amount charged by the
utility or any other person, corporation or other entity to such
electricity redistributor for electricity used or consumed by the
non-residential energy user, except that a reasonable charge may be
permitted for administrative and operating costs and (ii) provided,
however, that no electricity redistributor shall come within this
definition where such administrative and operating costs exceed a
reasonable percentage mark-up of the amount charged by such utility or
such other person, corporation or other entity for such electricity; or

(2) Any vendor of energy services which is not an electricity
redistributor.

(d) "Rebate". The amount of a reduction in a non-residential energy
user's energy bill, as specified in section twenty-five-w of this
article, for the sales tax imposed pursuant to section eleven hundred
seven of the tax law on the sale of electricity, gas or steam.

(e) "Discount". The amount of a reduction in an eligible vendor of
energy services' energy bill, as specified in section twenty-five-w of
this article, equal to the rebate made by such vendor to a
non-residential energy user in accordance with this article.

(f) "Non-residential energy user". Any non-residential user of
electricity, gas or steam, except a government agency or instrumentality
thereof, public benefit corporation, or any entity that is exempt from
the sales tax imposed pursuant to section eleven hundred seven of the
tax law, provided that the term "non-residential energy user" shall not
include an owner or operator of residential income producing property,
except a hotel.

(g) "Utility". Any electric corporation, gas corporation or steam
corporation subject to the jurisdiction and general supervision of the
public service commission.