N.Y. Comp. Codes R. & Regs. tit. 6 § 487.3

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

Section 487.3 - Definitions

For purposes of this Part, the following definitions apply:

(a) Adjacent communities means the geographic area contiguous to and surrounding the impact study area of a radius equal to the radius of the impact study area, except that in New York City the adjacent communities shall be limited to a maximum one mile radius. If the impact study area is a one-half mile radius, the adjacent communities shall be represented by the next one-half mile radius around the impact study area; if the impact study area is a two mile radius, the adjacent communities shall be represented by the next two mile radius around the impact study area or, in New York City, the next one mile radius.

(b) Applicant means a person seeking a certificate of environmental compatibility and public need pursuant to Public Service Law section 162 and includes a person proposing to submit an application for a certificate pursuant to Public Service Law section 163.

(c) Board means the New York State Board on Electric Generation Siting and the Environment.

(d) Certificate means a certificate of environmental compatibility and public need authorizing the construction of a major electric generating facility issued by the board pursuant to article 10 of the Public Service Law.

(e) Comparison area means a geographic area used to analyze and compare physical conditions and impacts against the impact study area.

(f) Department means the New York State Department of Environmental Conservation.

(g) Department of Health or DOH means the New York State Department of Health.

(h) Department of Public Service or DPS means the New York State Department of Public Service.

(i) ECL means the Environmental Conservation Law.

(j) Environment means the physical conditions that will be affected by a proposed facility, including land, air, water, minerals, flora, fauna, noise, resources of agricultural, archeological, historic or aesthetic significance, existing patterns of population concentration, distribution or growth, existing community or neighborhood character, and public health.

(k) Environmental justice or EJ means the fair treatment and meaningful involvement of all people regardless of race, color, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

(l) Environmental justice area or EJ area means a minority or low-income community that may bear a disproportionate share of the negative environmental consequences resulting from industrial, municipal, and commercial operations or the execution of Federal, State, local, and tribal programs and policies.

(m) Environmental setting means the descriptive information that portrays or captures various aspects of the existing environmental condition within an area including existing burdens relating to the environment and public health.

(n) Health outcomes means counts and rates of health-related events in a population. Examples of health-related events are hospitalizations for diseases such as asthma or cardiovascular disease, births of infants with low birth weight, and new diagnoses of cancer.

(o) Impact study area means the geographic area of at least a one-half mile radius around the location of a proposed major electric generating facility in which the population is likely to be affected by at least one potentially significant adverse environmental impact resulting from the construction and/or operation of the facility that is different in type, scope, or magnitude compared to the population located in the broader geographic area surrounding the facility.

(p) Low-income community means a census block group, or contiguous area with multiple census block groups, where 23.59 percent or more of the population have an annual income that is less than the poverty threshold; except that the percentage population and income threshold may be revised to reflect updated demographic data.

(q) Major electric generating facility or facility means an electric generating facility with a nameplate generating capacity of 25,000 kilowatts or more, including interconnection electric transmission lines and fuel gas transmission lines that are not subject to review under article 7 of the Public Service Law.

(r) Minority community means a census block group, or contiguous area with multiple census block groups, where the minority population is equal to or greater than 51.1 percent in an urban area or 33.8 percent in a rural area; except that the specific percentages may be revised to reflect updated demographic data.

(s) Minority population means a population that is identified or recognized by the U.S. Census Bureau as Hispanic, African-American or Black, Asian and Pacific Islander, or American Indian.

(t) Pre-application or pre-application process means the period or procedures pursuant to Public Service Law section 163 during which an applicant must file with the board a preliminary scoping statement; intervenor funding is disbursed for early public involvement; there is an opportunity for stakeholders to comment on the preliminary scoping statement; and stakeholders may enter into stipulations.

(u) Preliminary scoping statement means the preliminary scoping statement required pursuant to Public Service Law section 163 to be filed by the applicant with the board during the pre-application process setting forth information about the range of potential impacts of the proposed facility and the studies or program of studies to be conducted by the applicant.

(v) PSL means the Public Service Law.

(w) Reasonably available means obtainable from existing data, studies and records, without requiring collection or development of new data.

(x) Stakeholders means 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, including all persons required to receive a copy or notice of the applicant's preliminary scoping statement and application.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 487.3