N.Y. Public Authorities Law 1851 – Definitions
§ 1851. Definitions. As used or referred to in this title, unless a different meaning clearly appears from the context:
Terms Used In N.Y. Public Authorities Law 1851
- 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.
- 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
- 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.
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 waste.
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.