§ 2350-A Short title
§ 2350-B Definitions
§ 2350-C Suffolk county judicial facilities agency
§ 2350-D Powers of the agency
§ 2350-E Governmental capacity of the agency and the county
§ 2350-F Special powers of the county
§ 2350-G Bonds of the agency
§ 2350-H Remedies of bondholders
§ 2350-I Neither state nor county liable on agency bonds
§ 2350-J Moneys of the agency
§ 2350-K Bonds legal investments for fiduciaries
§ 2350-L Agreement of the state
§ 2350-M Exemption from taxes, assessments and certain fees
§ 2350-N Actions against agency
§ 2350-O Construction and purchase contracts
§ 2350-P Interest in contracts prohibited
§ 2350-Q Ownership of agency bonds prohibited
§ 2350-R Agency to take affirmative action
§ 2350-S Audit, annual reports, and access to books, records, and accounts
§ 2350-T Defense and indemnification
§ 2350-U Agreements with the county
§ 2350-V Code of ethics
§ 2350-W Equal employment opportunity
§ 2350-X Transfer of officers and employees; civil service
§ 2350-Y Separability
§ 2350-Z Effect of inconsistent provisions
§ 2350-AA Duties of finance and ways and means committees and secretaries
§ 2350-BB Subsidiaries of the agency
§ 2350-CC Independent budget review office
§ 2350-DD Jurisdiction of state inspector general
§ 2350-EE Disposal of agency property
§ 2350-FF Filings to be made with the agency

Terms Used In New York Laws > Public Authorities > Article 8 > Title 16 - Suffolk County Judicial Facilities Agency

  • Actions: include :
    (i) projects or activities directly undertaken by any agency; or projects or activities supported in whole or part through contracts, grants, subsidies, loans, or other forms of funding assistance from one or more agencies; or projects or activities involving the issuance to a person of a lease, permit, license, certificate or other entitlement for use or permission to act by one or more agencies;
    (ii) policy, regulations, and procedure-making. See N.Y. Environmental Conservation Law 8-0105
  • Active mode: means the condition in which the input of a power supply or consumer audio and video equipment is connected to the line voltage AC and the output is connected to a DC or an AC load, fulfilling one or more of its main functions and drawing a fraction of the power supply's nameplate power output greater than zero. See N.Y. Energy Law 16-102
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
  • Agency: means any state or local agency. See N.Y. Environmental Conservation Law 8-0105
  • Air compressor: means a compressor designed to compress air that has an inlet open to the atmosphere or other source of air, and is made up of a compression element (bare compressor), driver or drivers mechanical equipment to drive the compressor element, and any ancillary equipment. See N.Y. Energy Law 16-102
  • Allegation: something that someone says happened.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Applicant: shall mean the county, city, town or village submitting an application in the manner authorized by local law for designation of an area as an empire zone. See N.Y. General Municipal Law 957
  • Application: means an application for a certificate. See N.Y. Energy Law 18-101
  • Appraisal: A determination of property value.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Authority: means the New York state energy research and development authority. See N.Y. Energy Law 16-102
  • Ballast: means a device used with an electric discharge lamp to obtain necessary circuit conditions (voltage, current, and waveform) for starting and operating the lamp. See N.Y. Energy Law 16-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the state board on temporary nuclear waste repository siting established by section 18-105 of this article. See N.Y. Energy Law 18-101
  • Bottle-type: means a water dispenser that uses a bottle or reservoir as the source of potable water. See N.Y. Energy Law 16-102
  • Ceiling fan: means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades. See N.Y. Energy Law 16-102
  • Ceiling fan light kit: means the equipment used to provide light from a ceiling fan. See N.Y. Energy Law 16-102
  • Certificate: means a temporary nuclear waste repository siting certificate issued pursuant to the provisions of this article. See N.Y. Energy Law 18-101
  • Chambers: A judge's office.
  • Chief executive: shall mean (i) a county executive or manager of a county; (ii) in a county not having a county executive or manager, the chairperson or other presiding officer of the county legislative body; (iii) a mayor of a city or village, except where a city or village has a manager, it shall mean such a manager; or (iv) a supervisor of a town, except where a town has a manager, it shall mean such manager. See N.Y. General Municipal Law 957
  • Chief fiscal officer: means a comptroller, commissioner of finance, director of finance or other officer possessing similar powers and duties, except that in a school district the term shall not mean a member of the board of education or a trustee thereof. See N.Y. General Municipal Law 800
  • Clean energy research and development enterprise: shall mean any electric generating facility that used pulverized coal technology, circulating fluidized bed technology or integrated gasification combined cycle technology and that is capable of capturing carbon dioxide for sequestration or capable of being retrofitted to capture carbon dioxide for sequestration. See N.Y. General Municipal Law 957
  • Coastal waters: means lakes Erie and Ontario, the St. See N.Y. Environmental Conservation Law 14-0105
  • Commercial and industrial fans and blowers: means a rotary-bladed machine used to convert power to air power, with a brake horsepower greater than or equal to either one kilowatt or one horsepower, and an air horsepower less than or equal to one hundred fifty, and used for commercial and industrial purposes. See N.Y. Energy Law 16-102
  • Commercial clothes dryer: means a clothes dryer designed to dry fabrics in a tumble-type drum with forced air circulation and is designed for use in:
    (a) Applications in which the occupants of more than one household will be using the clothes dryer, including multi-family housing common areas and coin laundries; or
    (b) Other commercial applications. See N.Y. Energy Law 16-102
  • Commercial dishwasher: means a machine designed to clean and sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays by applying sprays of detergent solution (with or without blasting media granules) and a sanitizing rinse and is not a "compact dishwasher" or "standard dishwasher" (capacity less than eight place settings plus six serving pieces as specified in ANSI/AHAM DW-1 using the test load specified in section 2. See N.Y. Energy Law 16-102
  • Commercial fryer: means an appliance for non-residential use, including a cooking vessel, in which oil is placed to such a depth that the cooking food is essentially supported by displacement of the cooking fluid rather than by the bottom of the vessel. See N.Y. Energy Law 16-102
  • Commercial oven: means a chamber designed for heating, roasting, or baking food by conduction, convection, radiation, and/or electromagnetic energy. See N.Y. Energy Law 16-102
  • Commissioner: means the commissioner of environmental conservation. See N.Y. Energy Law 18-101
  • Commissioner: shall mean the commissioner of economic development. See N.Y. General Municipal Law 957
  • Community development projects: shall mean projects sponsored by not-for-profit organizations which have been approved by the zone board, which will advance the zone development plan. See N.Y. General Municipal Law 957
  • compartment steamer: means a device for non-residential use with one or more food-steaming compartments in which the energy in the steam is transferred to the food by direct contact. See N.Y. Energy Law 16-102
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Compressor: means a machine or apparatus that converts different types of energy into the potential energy of gas pressure for displacement and compression of gaseous media to any higher-pressure values above atmospheric pressure and has a pressure ratio at full-load operating pressure greater than 1. See N.Y. Energy Law 16-102
  • Computer: means a device that performs logical operations and processes data. See N.Y. Energy Law 16-102
  • Computer monitor: means an analog or digital device of size greater than or equal to seventeen inches and less than or equal to sixty-one inches, that has a pixel density of greater than five thousand pixels per square inch, and that is designed primarily for the display of computer-generated signals for viewing by one person in a desk-based environment. See N.Y. Energy Law 16-102
  • Consumer audio and video product: means a mainsconnected product that amplifies audio, offers optical, offers disc player functionality, and/or receives and plays audio and/or video content. See N.Y. Energy Law 16-102
  • Contemplation of death: The expectation of death that provides the primary motive to make a gift.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Contract: means any claim, account or demand against or agreement with a municipality, express or implied, and shall include the designation of a depository of public funds and the designation of a newspaper, including but not limited to an official newspaper, for the publication of any notice, resolution, ordinance, or other proceeding where such publication is required or authorized by law. See N.Y. General Municipal Law 800
  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Cost benefit analysis: shall mean , for purposes of paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article, a method of determining whether to certify a business enterprise based on the business enterprise's projected job creation and/or investment in the zone versus the total amount of empire zone tax benefits the business enterprise will potentially be allowed to use and have refunded to it and shall be a ratio of at least 10:1 for manufacturing enterprises and 20:1 for all other business enterprises, the numerator of which is the sum of (i) the estimated value of all wages and benefits paid for the first three years of certification to all existing and projected employees of the business enterprise in the zone and (ii) the estimated value of capital investments for the first three years of certification in the zone, and the denominator of which is the estimated amount of total empire zone tax benefits that may be used and may be refunded for the first three years of certification. See N.Y. General Municipal Law 957
  • Council: means the New York ocean and Great Lakes ecosystem conservation council created by section 14-0107 of this article. See N.Y. Environmental Conservation Law 14-0105
  • Criteria: shall mean the state smart growth public infrastructure criteria provided in section 6-0107 of this article. See N.Y. Environmental Conservation Law 6-0103
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decorative gas fireplace: means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane, is marked for decorative use only, and is not equipped with a thermostat or intended for use as a heater. See N.Y. Energy Law 16-102
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Demand flexibility: means the capability to schedule, shift, or curtail the electrical demand of a load-serving entity's customer through direct action by the customer or through action by a third party, the load-serving entity, or a grid balancing authority, with the customer's consent. See N.Y. Energy Law 16-102
  • Dependent: A person dependent for support upon another.
  • Donor: The person who makes a gift.
  • Draft environmental impact statement: means a preliminary statement prepared pursuant to section 8-0109 of this article. See N.Y. Environmental Conservation Law 8-0105
  • Dual-duct portable air conditioner: means a portable air conditioner that draws some or all of the condenser inlet air from outside the conditioned space through a duct attached to an adjustable window bracket, may draw additional condenser inlet air from the conditioned space, and discharges the condenser outlet air outside the conditioned space by means of a separate duct attached to an adjustable window bracket. See N.Y. Energy Law 16-102
  • Dual-flush effective flush volume: means the average flush volume of two reduced flushes and one full flush. See N.Y. Energy Law 16-102
  • Dual-flush water closet: means a water closet incorporating a feature that allows the user to flush the water closet with either a reduced or a full volume of water. See N.Y. Energy Law 16-102
  • Duv: means a metric that quantifies the distance between the chromaticity of a given light source and a blackbody radiator of equal correlated color temperature (CCT) on a CIE 1976 (u, v) chromatic diagram demonstrating how different two light sources of the same color temperature appear. See N.Y. Energy Law 16-102
  • Efficiency standard: means a standard that defines performance metrics and/or defines prescriptive design requirements associated with the regulated category of product in order to reduce energy consumption, reduce water consumption, and reduce greenhouse gas emissions associated with energy consumption and/or increase demand flexibility. See N.Y. Energy Law 16-102
  • Electric vehicle: means an on-road vehicle that draws electricity for propulsion from a traction battery with a least five kilowatt-hours (kWh) of capacity, and uses an external source of energy to recharge the battery. See N.Y. Energy Law 16-102
  • Empire zone: shall mean an area within the state that has been designated as an empire zone pursuant to this article and:
    (i) all empire zones designated under paragraph (i) of subdivision (a) and subdivision (d) of section nine hundred fifty-eight of this article shall be referred to as "investment zones" and shall be wholly contained within up to three distinct and separate contiguous areas; provided, however, that empire zones designated prior to the enactment of this paragraph shall identify up to three distinct and separate contiguous areas, which shall equal up to their total allotted acreage at the time of designation by January first, two thousand six. See N.Y. General Municipal Law 957
  • Energy code: means the New York state energy conservation construction code adopted pursuant to article eleven of this chapter. See N.Y. Energy Law 16-102
  • Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
  • Environment: means the physical conditions which will be affected by a proposed action, including land, air, water, minerals, flora, fauna, noise, objects of historic or aesthetic significance, existing patterns of population concentration, distribution, or growth, and existing community or neighborhood character. See N.Y. Environmental Conservation Law 8-0105
  • Environmental impact statement: means a detailed statement setting forth the matters specified in section 8-0109 of this article. See N.Y. Environmental Conservation Law 8-0105
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
  • Faucet: means a lavatory faucet, kitchen faucet, metering faucet, public lavatory faucet, or replacement aerator for a lavatory, public lavatory or kitchen faucet. See N.Y. Energy Law 16-102
  • Federally exempt fluorescent lamp: means any linear lamps excluded from the definition of general service fluorescent lamps in 10 CFR 30. See N.Y. Energy Law 16-102
  • Fiduciary: A trustee, executor, or administrator.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Fuel set-aside: means the amount of liquid fossil fuel which is made available from the total supply of a prime supplier for utilization by the state energy office pursuant to this article to resolve hardships and emergencies due to energy shortages. See N.Y. Energy Law 10-103
  • Gas fireplace: means a decorative gas fireplace or a heating gas fireplace. See N.Y. Energy Law 16-102
  • General service incandescent lamp: means a standard incandescent or halogen type lamp that is intended for general service applications, has a medium screw base, has a lumen range of not less than three hundred ten lumens and not more than two thousand six hundred lumens, or in the case of a modified spectrum lamp, not less than two hundred thirty-two lumens and not more than one thousand nine hundred fifty lumens, and is capable of being operated at a voltage range at least partially within one hundred ten and one hundred thirty volts; provided, however, that this definition shall not apply to the following incandescent lamps:
    (i) Appliance lamps;
    (ii) Black light lamps;
    (iii) Bug lamps;
    (iv) Colored lamps;
    (v) G shape lamps (as defined in ANSI C78. See N.Y. Energy Law 16-102
  • General service lamp: means a lamp that has an ANSI base, is able to operate at a voltage of twelve volts or twenty-four volts, at or between one hundred to one hundred thirty volts, at or between two hundred twenty to two hundred forty volts, or of two hundred seventyseven volts for integrated lamps, or is able to operate at any voltage for non-integrated lamps, has an initial lumen output of greater than or equal to three hundred ten lumens (or two hundred thirty-two lumens for modified spectrum general service incandescent lamps) and less than or equal to three thousand three hundred lumens, is not a light fixture, is not an LED downlight retrofit kit, and is used in general lighting applications. See N.Y. Energy Law 16-102
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grace period: The number of days you'll have to pay your bill for purchases in full without triggering a finance charge. Source: Federal Reserve
  • Greenhouse gas: means "greenhouse gas" as defined in subdivision seven of section 75-0101 of the environmental conservation law. See N.Y. Energy Law 16-102
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Hand-held showerhead: means a showerhead that can be held or fixed in place for the purpose of spraying water onto a bather and that is connected to a flexible hose. See N.Y. Energy Law 16-102
  • Heating gas fireplace: means a vented fireplace, including appliances that are freestanding, recessed, zero clearance, or a gas fireplace insert, that is fueled by natural gas or propane and is not a decorative fireplace. See N.Y. Energy Law 16-102
  • Human resource development: shall mean job preparation and placement, skills training and education for zone residents and employees of zone businesses, child and family care services and facilities, and activities to improve the health benefits and other benefits provided by zone businesses to their employees. See N.Y. General Municipal Law 957
  • Imaging equipment: means copiers, printers, scanners, fax machines, and multifunction devices used both in homes and businesses. See N.Y. Energy Law 16-102
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • Industrial air purifier: means an indoor air cleaning device manufactured, advertised, marketed, labeled, and used solely for industrial use that are marketed solely through industrial supply outlets or businesses and prominently labeled as "Solely for industrial use. See N.Y. Energy Law 16-102
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Interest: means a direct or indirect pecuniary or material benefit accruing to a municipal officer or employee as the result of a contract with the municipality which such officer or employee serves. See N.Y. General Municipal Law 800
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lamp: means an electrical appliance that includes a glass envelope and produces optical radiation for the purpose of visual illumination, designed to be installed into a light fixture by means of an integral lamp-holder or socket. See N.Y. Energy Law 16-102
  • Landscape irrigation controller: means a device intended to remotely control valves to operate an irrigation system for landscapes, which may consist of grass, shrubs, trees and/or other vegetation. See N.Y. Energy Law 16-102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Legacy: A gift of property made by will.
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Light fixture: means a product designed to provide light that includes at least one lamp-holder or socket and parts to distribute the light, to position or protect one or more lamps and to connect one or more lamps to a power supply. See N.Y. Energy Law 16-102
  • Liquid fossil fuel: means heating oils, light and heavy diesel oil, motor gasoline, methanol, propane, butane, residual fuel oils, kerosene and aviation fuels. See N.Y. Energy Law 10-103
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Local agency: means any local agency, board, district, commission or governing body, including any city, county, and other political subdivision of the state. See N.Y. Environmental Conservation Law 8-0105
  • Local empire zone administrative board: shall mean the entity designated by the applicant that is responsible for recommending business enterprises for certification pursuant to paragraph (iii) of subdivision (a) of section nine hundred fifty-nine of this article and for monitoring, evaluating and coordinating all empire zone benefits on behalf of the applicant. See N.Y. General Municipal Law 957
  • Majority leader: see Floor Leaders
  • Metal halide lamp: means a high intensity discharge lamp in which the major portion of the light is produced by radiation of metal halides and their products of dissociation, possibly in combination with metallic vapors. See N.Y. Energy Law 16-102
  • Metering faucet: means a faucet that, when turned on, will gradually shut itself off over a period of several seconds. See N.Y. Energy Law 16-102
  • Minority leader: See Floor Leaders
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal centers: shall mean areas of concentrated and mixed land uses that serve as centers for various activities, including, but not limited to, central business districts, main streets, downtown areas, brownfield opportunity areas, downtown areas of local waterfront revitalization program areas, transit-oriented development, environmental justice areas, and hardship areas. See N.Y. Environmental Conservation Law 6-0103
  • Municipal officer or employee: means an officer or employee of a municipality, whether paid or unpaid, including members of any administrative board, commission or other agency thereof and in the case of a county, shall be deemed to also include any officer or employee paid from county funds. See N.Y. General Municipal Law 800
  • Municipality: means a county, city, town or village. See N.Y. Energy Law 18-101
  • Municipality: means a county, city, town, village, school district, consolidated health district, county vocational education and extension board, public library, board of cooperative educational services, urban renewal agency, a joint water works system established pursuant to chapter six hundred fifty-four of the laws of nineteen hundred twenty-seven, or a town or county improvement district, district corporation, or other district or a joint service established for the purpose of carrying on, performing or financing one or more improvements or services intended to benefit the health, welfare, safety or convenience of the inhabitants of such governmental units or to benefit the real property within such units, an industrial development agency but shall have no application to a city having a population of one million or more or to a county, school district, or other public agency or facility therein. See N.Y. General Municipal Law 800
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Outdoor lighting: means electrical lighting used to illuminate outdoor areas, including parking lots, streetlights, highways and area luminaires. See N.Y. Energy Law 16-102
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity. See N.Y. Energy Law 16-102
  • Person: means any individual, partnership, association, corporation, public benefit corporation, municipality, political subdivision, governmental agency (including any agency of the federal government), trust, estate, or other legal entity. See N.Y. Energy Law 18-101
  • Personal property: All property that is not real property.
  • Plug-in luminous signs: means a self-contained, luminous sign unit that plugs into 120V AC building mains power and is intended for indoor use only. See N.Y. Energy Law 16-102
  • Plumbing fixture: means an exchangeable device, which connects to a plumbing system to deliver and drain away water and waste. See N.Y. Energy Law 16-102
  • Portable air conditioner: means a portable encased assembly, other than a packaged terminal air conditioner, room air conditioner, or dehumidifier, that delivers cooled, conditioned air to an enclosed space, and is powered by single-phase electric current. See N.Y. Energy Law 16-102
  • Power supply: means a single voltage external AC to DC or AC to AC power supply included with other retail products and single voltage external AC to DC or AC to AC power supply sold separately. See N.Y. Energy Law 16-102
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • President: means the president of the New York state energy research and development authority. See N.Y. Energy Law 16-102
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • Pressure regulator: means a device that maintains constant operating pressure immediately downstream from the device, given higher pressure upstream. See N.Y. Energy Law 16-102
  • Prime supplier: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision or other legal entity which makes the first sale of any liquid fossil fuel into the state distribution system for consumption within the state. See N.Y. Energy Law 10-103
  • Product: means any appliance or equipment, other than a motor vehicle, which in operation consumes or is designed to consume energy or to result in the consumption of energy, including any water-related appliance, equipment or fixture that is designed to consume or result in the consumption of energy in its operation or use. See N.Y. Energy Law 16-102
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Public lavatory faucet: means a fitting intended to be installed in nonresidential bathrooms that are exposed to walk-in traffic. See N.Y. Energy Law 16-102
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • pull-down temperature application: means a commercial refrigerator with doors that, when fully loaded with twelve ounce beverage cans at ninety degrees Fahrenheit, can cool these beverages to an average stable temperature of thirty-eight degrees Fahrenheit in twelve hours or less. See N.Y. Energy Law 16-102
  • Qualified investment project: shall mean a project (i) located within an empire zone, (ii) at which five hundred or more jobs will be created, provided such jobs are new to the state and are in addition to any other jobs previously created by the owner of such project in the state, and (iii) which will consist of tangible personal property and other tangible property, including buildings and structural components of buildings, described in subparagraphs (i), (ii), (iii), (iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision three of section two hundred ten-B of the tax law, the basis of which for federal income tax purposes will equal or exceed seven hundred fifty million dollars. See N.Y. General Municipal Law 957
  • Quorum: The number of legislators that must be present to do business.
  • Ranking minority member: The highest ranking (and usually longest serving) minority member of a committee or subcommittee.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Recreational vehicle: means a van or utility vehicle used for recreational purposes. See N.Y. Energy Law 16-102
  • reflector lamp: means any lamp in which light is produced by a filament heated to incandescence by an electric current, which: contains an inner reflective coating on the outer bulb to direct the light; is not colored; is not designed for rough or vibration service applications; is not an R20 short lamp; has an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw base; has a rated voltage or voltage range that lies at least partially in the range of one hundred fifteen and one hundred thirty volts; has a diameter that exceeds 2. See N.Y. Energy Law 16-102
  • regionally significant project: shall mean : a manufacturer projecting the creation of fifty or more jobs; or an agri-business or high tech or biotech business making a capital investment of ten million dollars and creating twenty or more jobs; or a financial or insurance services or distribution center creating three hundred or more jobs; or a clean energy research and development enterprise shall be eligible as a regionally significant project as determined by the local zone administrative board and commissioner. See N.Y. General Municipal Law 957
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Replacement aerator: means an aerator sold as a replacement, separate from the faucet to which it is intended to be attached. See N.Y. Energy Law 16-102
  • Residential ventilating fan: means a fan with the purpose to actively supply air to or remove air from the inside of a residence. See N.Y. Energy Law 16-102
  • Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
  • room air cleaner: means an electric, cord-connected, portable appliance with the primary function of removing particulate matter from the air and which can be moved from room to room. See N.Y. Energy Law 16-102
  • Secretary: means the secretary of state. See N.Y. Energy Law 16-102
  • self-contained condensing unit: means a factory-made assembly of refrigerating components designed to compress and liquefy a specific refrigerant that is an integral part of the refrigerated equipment and consists of one or more refrigerant compressors, refrigerant condensers, condenser fans and motors, and factory supplied accessories. See N.Y. Energy Law 16-102
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Showerhead: means a device through which water is discharged for a shower bath and includes a hand-held showerhead but does not include a safety shower showerhead. See N.Y. Energy Law 16-102
  • Significant capital investment project: shall mean a project (i) located within an empire zone, (ii) which will be either a newly constructed facility or a newly constructed addition to or expansion of a qualified investment project, consisting of tangible personal property and other tangible property, including buildings and structural components of buildings, described in subparagraphs (i), (ii), (iii), (iv) and clause (A) or (C) of subparagraph (v) of paragraph (b) of subdivision three of section two hundred ten-B of the tax law, the basis of which for federal income tax purposes will equal or exceed seven hundred fifty million dollars, (iii) which is constructed after the basis for federal income tax purposes of the property comprising such qualified investment project equals or exceeds seven hundred fifty million dollars, and (iv) at which five hundred or more jobs will be created, provided such jobs are new to the state and are in addition to any other jobs previously created by the owner of such project in the state. See N.Y. General Municipal Law 957
  • Single enterprise: means two or more related business enterprises characterized by an absence of arms length relationships found among enterprises that are not integrated. See N.Y. General Municipal Law 957
  • Single-duct portable air conditioner: means a portable air conditioner that draws all of the condenser inlet air from the conditioned space without the means of a duct and discharges the condenser outlet air outside the conditioned space through a single-duct attached to an adjustable window bracket. See N.Y. Energy Law 16-102
  • Single-voltage external AC to DC or AC to AC power supply: means a device that:
    (a) is designed to convert line voltage AC input into lower voltage DC or AC output;
    (b) is able to convert to only one DC or AC output voltage at a time;
    (c) is sold with, or intended to be used with, a separate end-use product that constitutes the primary load;
    (d) is contained within a separate physical enclosure from the end-use product;
    (e) is connected to the end-use product via a removable or hard-wired male/female electrical connection, cable, cord, or other wiring;
    (f) does not have batteries or battery packs that physically attach directly (including those that are removable) to the power supply unit;
    (g) does not have a battery chemistry or type selector switch and an indicator light; or does not have a battery chemistry or type selector switch and a state of charge meter;
    (h) has a nameplate output power less than or equal to two hundred fifty watts. See N.Y. Energy Law 16-102
  • Small network equipment: means a device whose primary function is to pass internet protocol (IP) traffic among various network interfaces or ports intended for use in residential and small business settings. See N.Y. Energy Law 16-102
  • Spray sprinkler body: means the exterior case or shell of a sprinkler incorporating a means of connection to the piping system designed to convey water to a nozzle or orifice. See N.Y. Energy Law 16-102
  • Standby-passive mode: means the condition in which a power supply or consumer audio and video product is connected to a power source, and does not fulfill its main function, and can be switched to active mode with the remote control unit or an internal signal. See N.Y. Energy Law 16-102
  • State agency: means any state department, agency, board, public benefit corporation, public authority or commission. See N.Y. Environmental Conservation Law 8-0105
  • State infrastructure agency: shall mean the department, the department of transportation, the department of education, the department of health, the department of state, the New York state environmental facilities corporation, the New York state housing finance agency, the housing trust fund corporation, the dormitory authority, the thruway authority, the port authority of New York and New Jersey, the empire state development corporation, the New York state urban development corporation and all other New York authorities. See N.Y. Environmental Conservation Law 6-0103
  • state-regulated BCS: means a battery charger coupled with its batteries or battery chargers coupled with their batteries, which together are referred to as stateregulated battery charger systems. See N.Y. Energy Law 16-102
  • Statute: A law passed by a legislature.
  • Submerged aquatic vegetation: means native underwater plants found in coastal waters, including but not limited to, eelgrass (Zostera marina), widgeon grass (Ruppia maritima), wild celery (Vallisineria Americana), and pondweed (Potomageton crispus). See N.Y. Environmental Conservation Law 14-0105
  • Subpoena: A command to a witness to appear and give testimony.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Targeted employee: shall mean a New York resident who receives empire zone wages pursuant to subdivision nineteen of section two hundred ten of the tax law and who is (i) an eligible individual under the provision of the targeted jobs tax credit (section fifty-one of the internal revenue code), (ii) eligible for benefits under the provisions of the job training partnership act ( P. See N.Y. General Municipal Law 957
  • Telephone: means an electronic product whose primary purpose is to transmit and receive sound over a distance using a voice or data network. See N.Y. Energy Law 16-102
  • Temporary nuclear waste repository: means any facility where spent fuel rods from nuclear reactors are received on or after the effective date of this article and are stored pending further or final disposal, except a facility located in the immediate vicinity of a nuclear power generating facility or an operating nuclear reactor which is used to store, on an interim or temporary basis, spent nuclear fuel from nuclear power generating facilities or operating nuclear reactors located in this state. See N.Y. Energy Law 18-101
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Torchiere lighting fixture: means a portable electric lighting fixture with a reflective bowl that is designed to direct light upward onto a ceiling so as to produce indirect illumination on the surfaces below. See N.Y. Energy Law 16-102
  • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
  • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
  • Treasurer: means a county treasurer, city treasurer, town supervisor, village treasurer, school district treasurer, fire district treasurer, improvement district treasurer, president of a board of health of a consolidated health district, county vocational educational and extension board treasurer, treasurer of a board of cooperative educational services, public general hospital treasurer, or other officer possessing similar powers and duties. See N.Y. General Municipal Law 800
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trough-type urinal: means a urinal designed for simultaneous use by two or more persons. See N.Y. Energy Law 16-102
  • Trustee: A person or institution holding and administering property in trust.
  • Tub spout diverters: means the following definitions:
    (a) A bath and shower diverter whose diverter mechanism is located in the tub spout; and/or
    (b) Bath and shower diverter means a device used to direct the flow of water either toward a tub spout or toward a secondary outlet intended for showering purposes, including a showerhead or body spray. See N.Y. Energy Law 16-102
  • Uniform code: means the New York state uniform fire prevention and building code adopted pursuant to article eighteen of the executive law. See N.Y. Energy Law 16-102
  • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
  • Uninterruptable power supply: means a battery charger consisting of a combination of convertors, switches and energy storage devices (such as batteries), constituting a power system for maintaining continuity of load power in case of input power failure. See N.Y. Energy Law 16-102
  • Unit heater: means a self-contained, vented fan-type commercial space heater that uses natural gas or propane, and that is designed to be installed without ducts within a heated space, except that such term does not include any products covered by federal standards established pursuant to 42 U. See N.Y. Energy Law 16-102
  • Urinal: means a plumbing fixture that receives only liquid body waste and, conveys the waste through a trap into a drainage system. See N.Y. Energy Law 16-102
  • Vehicular traffic signal module: means an electrically operated standard 8-inch (200mm) or 12-inch (300mm) round traffic control device composed of one or more indications which is erected for the exclusive purpose of directing vehicular traffic at signalized locations. See N.Y. Energy Law 16-102
  • Venue: The geographical location in which a case is tried.
  • Veto: The procedure established under the Constitution by which the President/Governor refuses to approve a bill or joint resolution and thus prevents its enactment into law. A regular veto occurs when the President/Governor returns the legislation to the house in which it originated. The President/Governor usually returns a vetoed bill with a message indicating his reasons for rejecting the measure. In Congress, the veto can be overridden only by a two-thirds vote in both the Senate and the House.
  • Water closet: means a plumbing fixture having a water-containing receptor that receives liquid and solid body waste through an exposed integral trap into a drainage system. See N.Y. Energy Law 16-102
  • Water cooler: means a freestanding device that consumes energy to cool and/or heat potable water. See N.Y. Energy Law 16-102
  • Zone administrative entity: shall mean a community-based local development corporation or entity contracting with the local empire zone board pursuant to paragraph (viii) of subdivision a of section nine hundred sixty-three of this article or the municipality in which the zone is located in those instances where the municipality actively participates in the local administration of the zone program. See N.Y. General Municipal Law 957
  • Zone equivalent area: shall mean an area designated as such pursuant to former subdivision (bb) of section nine hundred fifty-nine of this article. See N.Y. General Municipal Law 957