Section 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,  tidal,  wave
  energy,  waste management resource recovery, refuse-derived fuel or wood
  burning facility, 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 (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.
    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  except
  where  electricity 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.
    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.