§ 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.