N.Y. Comp. Codes R. & Regs. tit. 16 § 1000.2

Current through Register Vol. 46, No. 45, November 2, 2024

Section 1000.2 - Definitions

In addition to the definitions referred to, and terms defined in Part 1 of this Title, unless the context otherwise requires, the following terms have the meanings specified:

(a) Adjacent or contiguous. When used in the context of PSL section 165(4)(b), located on the same parcel of real property, on separate parcels of real property sharing a common border, or on separate parcels of real property separated by no more than 500 feet.

(b) The New York State Adirondack Park Agency (APA).

(c) Applicant. Any person who is required to have submitted or who submits a public involvement program plan to the DPS pursuant to section 1000.4 of this Part or who in fact submits an application for a certificate to the board under this Subchapter, or who holds a certificate.

(d) Associate examiner. An administrative law judge appointed by DEC.

(e) Base nameplate generating capacity:

(1) for generating facilities in commercial operation on or before August 4, 2012, their nameplate generating capacity as of August 4, 2012;

(2) for generating facilities commencing commercial operations after August 4, 2012, their nameplate generating capacity as of the date of commencement of commercial operations;

(3) for generating facilities that increased their nameplate generating capacity as a result, in whole or in part, of receiving a certificate after August 4, 2012, their nameplate generating capacity as of the date of commencement of commercial operations of the increased capacity as a result of the certificate. Incremental increases in generating capacity after August 4, 2012 not made as a result of receiving a certificate shall not increase the base nameplate generating capacity.

(f) Board. The New York State Board on Electric Generation Siting and the Environment.

(g) Certificate. A certificate of environmental compatibility and public need authorizing the construction and operation of a major electric generating facility.

(h) Commission. The New York State Public Service Commission.

(i) Compliance filing. A document prepared by or on behalf of an applicant that describes how the applicant will comply with the terms, conditions, limitations and modifications on the construction and operation of a facility granted a certificate by the board and which may, at the applicant's option, consist of phased submissions.

(j) Ag&Mkts. The New York State Department of Agriculture and Markets.

(k) DEC. The New York State Department of Environmental Conservation.

(l) DOH. The New York State Department of Health.

(m) DOS. The New York State Department of State.

(n) DPS. The New York State Department of Public Service.

(o) ECL. The Environmental Conservation Law.

(p) Fuel waste byproduct. 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.

(q) Interconnections. Offsite electric transmission lines, fuel gas transmission lines, fuel oil transmission lines, water supply lines, waste water lines, communications lines, steam lines, stormwater drainage lines, and appurtenances thereto, installed in New York State connecting to and servicing the site of a major electric generating facility, that are not subject to the commission's jurisdiction under PSL article VII, not including service lines designed and sized for household type usage such as for bathrooms or ordinary telephones.

(r) Local actions not for the construction or operation of the proposed major electric generating facility. Local action requirements that remain subject to local approval processes outside of the article 10 process and may or may not also require local agency compliance with the State Environmental Quality Review Act (SEQRA), including local approvals required for the subdivision of land; extensions of special improvement or benefit assessment districts; tax assessment or payments in lieu of taxes determinations; consents for the extension of utility franchises to provide station power, private water company service, or similar services to the affected property; the withdrawal or consumption of water from a municipal supply; the discharge of sewage or stormwater into a municipal system; the setting and payment of hook-in fees, water rates, sewer rents and similar capital and consumption charges; industrial development agency leases; the overt grant of property rights or other privileges that would require an affirmative action by a municipality; and other similar approvals.

(s) Local party. Any person residing in a community who may be affected by the proposed major electric generating facility at the proposed location, or any alternative location identified, who is a party to the proceeding. For the purposes of this definition, the term residing shall include individuals having a dwelling within a community who may be affected.

(t) Local procedural requirements. County, city, town and village administrative process requirements, including application, hearing, and approval requirements regarding site plans, special zoning exceptions, electrical, plumbing, and building permits, wetlands, blasting, tree cutting, excavation, fill, historic preservation, flood damage prevention, storm water management, highway work, street opening, and traffic safety permits, and other similar requirements.

(u) Local substantive requirements. County, city, town and village substantive standards, including zoning use restrictions; zoning lot, setback, bulk, and height requirements; noise limits; electric, plumbing, building, and flood zone construction and materials codes; noise limits; historic preservation requirements; architectural style and color equirements; limits on construction activity times and duration; road weight limits; cut and fill limits; blasting practices requirements; tree preservation requirements; wetland preservation requirements; landscaping requirements; site waste/construction debris disposal/recycling requirements; traffic maintenance and safety requirements; storm water management requirements; paving, curbing, and subgrade requirements; restrictions on date, time, duration and method of street openings; traffic maintenance and safety requirements; separation and depth of cover requirements; tap methods, materials, and sizing requirements; restoration requirements for road subgrade, base and pavement; and other similar requirements.

(v) Major electric generating facility. An electric generating facility with a nameplate generating capacity of 25 megawatts or more, including electric transmission line and fuel gas transmission line interconnections that are not subject to review under article VII of the PSL, and including ancillary features located on the facility site such as roads, railroads, switchyards, fuel or energy storage or regulation facilities, solid waste disposal areas, waste treatment and disposal facilities, and similar facilities.

(w) Map. A two-dimensional representation of a portion of the earth's surface, which may be in paper or digital form, provided that digital data used for map generation or geographic analysis, are made available (in an appropriate format) to parties upon request.

(x) Modification. An amendment of an application or certificate that is not a revision; including the shifting of a wind turbine, access road or electric collector line to a new location within a 500 foot radius of the original location provided such change does not significantly increase impacts on sensitive resources or decrease compliance with setback and similar requirements.

(y) Modify. When used in the context of PSL section 165(4)(b), alterations that increase by more than 25 MW the base nameplate generating capacity of an existing electric generating facility already having a nameplate generating capacity of 25 MW or more.

(z) OPRHP. The New York State Office of Parks, Recreation and Historic Preservation.

(aa) Permanent board. The New York State Board on Electric Generation Siting and the Environment, exclusive of ad hoc members.

(ab) Person. Any individual, corporation, public benefit corporation, political subdivision, governmental agency, municipality, partnership, co-operative association, trust or estate.

(ac) Plain language. Eighth grade reading level or language which is easily understandable to the lay public to the maximum extent possible.

(ad) Presiding examiner. A presiding officer appointed by DPS.

(ae) Private facility applicant. An applicant that does not have the power of eminent domain, either directly or indirectly; a generation facility developer partnering or intending to partner with an industrial development agency or public authority for the acquisition of any land for the facility or the Interconnections has an indirect power of eminent domain for the purposes of this definition; a generation facility developer selling or intending to sell electric power, capacity or ancillary services to an industrial development agency or public authority does not have an indirect power of eminent domain for the purposes of this definition.

(af) PSL. The Public Service Law.

(ag) Public information coordinator. An office created within DPS to ensure that the public and interested parties are fully assisted and advised in participating in the article 10 process.

(ah) Public Involvement Program (PIP). A series of coordinated activities that provides a variety of effective public participation opportunities by which public concerns can be identified as early as possible throughout the various stages of the decision-making process, ensures communication between stakeholders and an applicant, and results in education of the public as to the specific proposal and the article 10 process.

(ai) Public rights of way. The entire area within the property boundary lines of those strips of land held in county, city, town or village ownership for the use of all of the public upon which county, city, town or village roadways, highways or streets are built and maintained for the passage of motorized vehicles.

(aj) Related facilities. The interconnections, all offsite ancillary facilities, and all onsite and offsite ancillary equipment, including mobile or movable equipment, associated with the major electric generating facility.

(ak) Revision. An amendment of an application or certificate proposing or authorizing a change in the major electric generating facility likely to result in any significant increase in any environmental impact of such facility or a substantial change in the location of all or a portion of such facility as determined by the board; not including the shifting of a wind turbine, access road or electric collector line to a new location within a 500 foot radius of the original location provided such change does not significantly increase impacts on sensitive resources or decrease compliance with setback and similar requirements.

(al) Revocation. Termination of the rights granted in a certificate.

(am) Secretary. The secretary to the commission.

(an) Stakeholders. Those persons who may be affected or concerned by any issues within the board's jurisdiction relating to the proposed major electric generating facility and any decision being made about it.

(ao) State actions not for the construction or operation of the proposed major electric generating facility. State action requirements that remain subject to State approval processes outside of the article 10 process and may also require State agency compliance with the State Environmental Quality Review Act (SEQRA), including commission approvals of incorporations and franchises, financings and transfers pursuant to PSL sections 68, 69 and 70; the overt grant of property rights or other privileges that would require an affirmative action by a State agency or authority; approvals for the subdivision of land in the Adirondack Park where the APA has subdivision jurisdiction; and other similar approvals.

(ap) State procedural requirements. State agency or authority administrative process requirements, including application, hearing, permit approval, and other similar requirements.

(aq) State substantive requirements. State agency or authority substantive standards set by law or regulation, and other similar requirements, including, for the sake of an example, the wetlands weighing standards set forth in 6 NYCRR Part 663.

(ar) Study area. An area generally related to the nature of the technology and the setting of the proposed site. In highly urbanized areas, the study area may be limited to a one-mile radius from the property boundaries of the facility site, interconnections, and alternative location sites. For large facilities or wind power facilities with components spread across a rural landscape, the study area shall generally include the area within a radius of at least five miles from all generating facility components, interconnections and related facilities and alternative location sites. For facilities in areas of significant resource concerns, the size of a study area shall be configured to address specific features or resource issues.

(as) Suspension. Temporary deprivation of some or all of the rights granted in a certificate.

N.Y. Comp. Codes R. & Regs. Tit. 16 § 1000.2