Sec. 96.1. Definitions

The following definitions apply for purposes of this Part:

(a) Assisted living facilities.

Multi-unit residential premises, identified as assisted living facilities and certified by the New York State Department of Health as such, which provide congregate residential housing with supportive services, including on-site monitoring, and personal care services and/or home care services in a homelike setting.

(b) Campground, recreational trailer park, marinas, and parking facilities.

Facilities for use on an intermittent, temporary, or irregular basis by campground, recreational, trailer park, marina, or vehicle charging stations where electric service is delivered by the utility to the facility owner and redistributed to individual campsites, trailers, boats or plug-in electric vehicle charging stations with or without submetering.

(c) Condominium.

Separate ownership of individual units in a multi-unit residential premises. Each unit owner holds title to a unit of real property and also owns a common tenancy with owners of other units for the common areas of the building, which are managed by a homeowners' association, or as established in the condominium bylaws.

(d) Cooperative apartment.

Multi-unit residential premises in which residents own a share in the corporation that owns the real estate, which entitles the shareholder to occupy a dwelling unit. Each shareholder is granted the right to occupy one housing unit through an occupancy agreement, which is similar to a lease. A board of directors manages the cooperative.

(e) Direct metering.

In multi-unit residential premises, the measurement of electricity use in each unit through a meter that has been provided by the distribution utility company, wherein each individual residential unit is assigned its own meter.

(f) Electric heating.

Heat provided to an entire living space with electricity primarily by means of non-portable electric heating appliances.

(g) HEFPA.

The Home Energy Fair Practices Act, Public Service Law, sections 30-53 and all commission regulations adopted to implement such provisions.

(h) Master-metering.

The measurement through a single meter of the quantity of electricity delivered to a multi-unit residential premises by a utility, wherein the owner or manager of such building is the utility customer and wherein the electricity may be redistributed to the individual residential units in the building either with or without submetering.

(i) Rate cap.

The maximum rate, calculated in each billing period, that may be used to compute the charges for electric service to a submetered resident. Unless a different rate cap is set pursuant to sections 96.2(a) and 96.8(b) and (c) of this Part, the rate cap shall be the rates and charges of the distribution utility for delivery and commodity in that billing period to similarly situated, direct metered residential customers. Where residents are billed for time-of-use, the maximum rate for purposes of calculating the rate cap shall be the average annual residential rate.

(j) Resident.

The occupant of a unit used as a home in a multi-unit residential premises.

(k) Senior living facility.

Multi-unit residential premises in which energy-efficient housing and other services are provided, and will be provided in the future, to resident senior citizens, in which electric usage does not vary significantly from unit to unit because units are uniform in size and in the types of appliances, and which promotes economic development.

(l) Submeterer.

Any multi-unit residential premises owner or utility customer of record who purchases electricity for delivery by the utility to the premises and facilitates the sale or redistribution of such electricity for use by the premises occupants whose units are separately metered and billed based on the measurement of electricity use in each occupant’s unit. Any entity acting on behalf of such owner that arranges for the installation of submeters and the billing of submetered usage to individual residents shall be considered the agent of the submeterer. The submeterer may engage the services of a submetering service provider to install meters, read meters and/or handle billing.

(m) Submetering.

A system of measuring electricity use in a residential unit in a master-metered multi-unit residential premises, or campground, trailer park, marina or parking facility by means of a submeter installed on the wiring to each residential unit, campsite, trailer, boat hookup or plug-in electric vehicle charging station.

(n) Time-of-use rates.

The pricing of electricity based on actual usage during particular time intervals. Time-of-use rates may be applicable to blocks of time over a 24-hour period.

(o) Time-of-use meter.

A meter that registers accumulated energy consumption (data) over specific time intervals.

(p) Utility customer.

For purposes of this Part, an electricity consumer whose use of electricity is directly metered by the distribution utility and is a customer of record of the distribution utility.