Terms Used In New York Laws > Military > Article 7 > Part 10 - Punitive Articles

• 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
• 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
• 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.
• 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.
• Application: means an application for a certificate. See N.Y. Energy Law 18-101
• Arrest: Taking physical custody of a person by lawful authority.
• 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
• 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
• 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
• 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
• 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 mains-connected 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
• Contract: A legal written agreement that becomes binding when signed.
• 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.
• 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
• 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
• 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
• 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
• 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.
• Executor: A male person named in a will to carry out the decedent
• 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 C. See N.Y. Energy Law 16-102
• 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 seventy-seven 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
• 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
• 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
• Imaging equipment: means copiers, printers, scanners, fax machines, and multifunction devices used both in homes and businesses. See N.Y. Energy Law 16-102
• 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.
• 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}
• 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
• 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
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipality: means a county, city, town or village. See N.Y. Energy Law 18-101
• Oath: A promise to tell the truth.
• 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.
• Organized militia: means the organized militia, the composition of which is stated in section two of this chapter;
  
  (2) "Officer" means a commissioned officer including a commissioned warrant officer;
  
  (3) "Superior officer" means an officer superior in rank or command;
  
  (4) "Enlisted person" means any person who is serving in an enlisted grade in any force of the organized militia;
  
  (5) "Active state duty" means full time military duty in the active service of the state under an order of the governor issued pursuant to sections six or seven of this chapter and while going to and returning from such duty;
  
  (6) "Duty status other than active state duty" means any one of the types of duty described in section forty-six of this chapter and while going to and returning from such duty;
  
  (7) "Military court" means a court-martial, a court of inquiry, a provost court;
  
  (8) "Military judge" means an official of a general court-martial detailed in accordance with section 130. See N.Y. Military Law 130.1
• 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
• 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
• Plaintiff: The person who files the complaint in a civil lawsuit.
• 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
• President: means the president of the New York state energy research and development authority. See N.Y. Energy Law 16-102
• 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
• 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
• 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
• Quorum: The number of legislators that must be present to do business.
• 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
• 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
• 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-regulated BCS: means a battery charger coupled with its batteries or battery chargers coupled with their batteries, which together are referred to as state-regulated battery charger systems. See N.Y. Energy Law 16-102
• Subpoena: A command to a witness to appear and give testimony.
• 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
• 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
• 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.
• 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 18 of the executive law. See N.Y. Energy Law 16-102
• 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
• 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