Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1851. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:

1. "Nuclear fission energy" shall mean all forms of energy released in
the course of nuclear fission.

2. "Authority" shall mean the New York state energy research and
development authority continued pursuant to section one thousand eight
hundred fifty-two of this title.

3. "Bonds" and "notes" shall mean such bonds and notes as are issued
by the authority pursuant to this title.

4. "Comptroller" shall mean the comptroller of the state.

5. "Person" shall mean any natural person, firm, association, public
or private corporation, public utility, organization, partnership,
trust, estate, or joint stock company, or any political subdivision of
the state, or any officer or agent thereof.

6. "Real property" shall mean lands, waters, rights in lands or
waters, structures, franchises, improvements and interests in land,
including lands under water and riparian rights, and any and all other
things and rights usually included within said term and includes also
any and all interests in such property less than full title, such as
easements permanent or temporary, rights-of-way, uses, leases, licenses
and all other incorporeal hereditaments in every estate, interest or
right, legal or equitable.

7. "State" shall mean the state of New York.

8. "State agency" shall mean any officer, department, board,
commission, bureau, division, corporation, agency or instrumentality of
the state.

9. "Commissioner" shall mean the commissioner of transportation of the
state of New York.

10. "New energy technologies" shall mean all methods used to produce,
distribute, conserve and store energy by methods not in common
commercial use, with emphasis on renewable energy sources including but
not limited to solar, wind, bioconversion and solid waste.

11. "Energy conservation technologies" shall mean all methods of
conserving energy, of improving the efficiency of energy utilization and
of preserving and protecting the environment and the public health and
safety in connection with the use of energy.

13. "Special energy project" shall mean any land, works, system,
building or other improvement, and all real and personal properties of
any nature or any interest in any of them deemed necessary or desirable
in connection therewith or incidental thereto, whether or not now in
existence or under construction, which shall be suitable for or related
to the furnishing, generation, production, exploration, transmission,
distribution, conservation, conversion or storage of energy or energy
resources, or the conversion of oil-burning facilities to alternate
fuels, or for the acquisition, extraction, conversion, transportation,
storage, loading, unloading or reprocessing of fuel of any kind for
industrial, manufacturing, warehousing, commercial, storage, research,
recreational, educational, dormitory, health, mental hygiene or
multi-family housing facilities or purposes and which may, but shall not
be required to, employ new energy technologies.

14. "Low-level radioactive waste" shall mean radioactive waste that:

a. is not high-level radioactive waste, transuranic waste, spent
nuclear fuel, or the tailings or wastes produced by the extraction or
concentration of uranium or thorium from any ore processed primarily for
its source material content; and

b. the United States nuclear regulatory commission, consistent with
federal law, and in accordance with paragraph a of this subdivision,
classifies as low-level radioactive waste.

15. "Low-level radioactive waste management facilities" shall mean
facilities for permanent disposal of low-level radioactive waste and any
associated facilities for treatment and handling of such waste,
including but not limited to, facilities for purposes of stabilization,
volume reduction, or the protection of health and safety of workers or
members of the public.

16. "Permanent disposal facilities" shall mean low-level radioactive
waste management facilities for permanent disposal of low-level
radioactive waste generated within the state of New York other than such
waste which is a federal responsibility pursuant to the provisions of
federal law pertaining to state and federal responsibilities for
disposal of low-level radioactive waste.

17. "Generate" or "generation", when used with respect to low-level
radioactive waste, shall mean the production, or causing the production
of, or activity which otherwise results in the creation or increase in
volume of low-level radioactive waste. A person who generates low-level
radioactive waste includes one who personally, or through the actions of
any agent, employee, or contractor, generates low-level radioactive

18. "Generation attribute certificates" shall mean the environmental,
vintage and other attributes associated with the generation of
kilowatt-hours and/or megawatt-hours of electrical energy. Generation
attribute certificates shall exist as a commodity separate and apart
from kilowatt-hours and/or megawatt-hours.