§ 2. Definitions. 1. The term "department" when used in this chapter,\nmeans the department of public service, and the term "commission," means\nthe public service commission.\n 2. The term "commissioner," when used in this chapter, means one of\nthe members of the public service commission.\n 2-a. The term "co-generation facility", when used in this chapter,\nincludes any facility with an electric generating capacity of up to\neighty megawatts, and including any facility with an electric generating\ncapacity of up to one hundred twenty megawatts located at a project site\nwithin an air terminal operated by the port authority of New York and\nNew Jersey and wholly contained within a city having a population of one\nmillion or more, which produces electricity and useful thermal energy\nsolely for sale to the port authority of New York and New Jersey, for\nuse at the airport, for sale to an electric utility, and/or for sale to\nthe power authority of the state of New York, together with any related\nfacilities located at the same project site, which is fueled by coal,\ngas, wood, alcohol, solid waste refuse-derived fuel, water or oil, to\nthe extent any such oil fueled facility was fueled by oil prior to the\neffective date of this subdivision and there is no increase in the\namount of oil used at the facility or to the extent oil is used as a\nbackup fuel for such facility, and which simultaneously or sequentially\nproduces either electricity or shaft horsepower and useful thermal\nenergy which is used solely for industrial and/or commercial purposes.\n 2-b. The term "alternate energy production facility," when used in\nthis chapter, includes any solar, wind turbine, fuel cell, fuel-flexible\nlinear generator electric generating equipment, tidal, wave energy,\nwaste management resource recovery, refuse-derived fuel, wood burning\nfacility, or energy storage device utilizing batteries, flow batteries,\nflywheels or compressed air, together with any related facilities\nlocated at the same project site, with an electric generating capacity\nof up to eighty megawatts, which produces electricity, gas or useful\nthermal energy.\n 2-c. The term "small hydro facility", when used in this chapter,\nincludes any hydroelectric facility, together with any related\nfacilities located at the same project site, with an electric generating\ncapacity of up to eighty megawatts.\n 2-d. The term "related facilities" shall mean any land, work, system,\nbuilding, improvement, instrumentality or thing necessary or convenient\nto the construction, completion or operation of any co-generation,\nalternate energy production or small hydro facility and include also\nsuch transmission or distribution facilities as may be necessary to\nconduct electricity, gas or useful thermal energy to users located at or\nnear a project site.\n 3. The term "corporation," when used in this chapter, includes a\ncorporation, company, association and joint-stock association other than\na corporation, company, association or joint stock association\ngenerating electricity, shaft horsepower, useful thermal energy or gas\nsolely from one or more co-generation, small hydro or alternate energy\nproduction facilities or distributing electricity, shaft horsepower,\nuseful thermal energy or gas solely from one or more of such facilities\nto users located at or near a project site.\n 4. The word "person," when used in this chapter, includes an\nindividual, firm or co-partnership other than an individual, firm or\nco-partnership generating electricity, shaft horsepower, useful thermal\nenergy or gas solely from one or more co-generation, small hydro or\nalternate energy production facilities or distributing electricity,\nshaft horsepower, useful thermal energy or gas solely from one or more\nof such facilities to users located at or near a project site; provided,\nhowever, that an individual, firm or co-partnership generating or\ndistributing electricity or gas solely from one o
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