§ 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.