2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-B - Definitions.

§ 135-b. Definitions.  As  used  in  this article, the following terms
shall have the following meanings:
1. "Commission" means the public service commission of  the  state  of
New York.
2.  "Utility"  means  an  investor-owned gas or electrical corporation
regulated by the commission  whose  gross  revenues  for  the  preceding
calendar year exceeded three hundred fifty million dollars.
3. "Eligible customer" means any person who:
(a)  holds  legal  title  to  a  one,  two, three, or four family home
constructed prior  to  January  first,  nineteen  hundred  eighty  which
receives  electric or gas service from a utility other than a person who
is the original contractor or builder of any such home unless  he  lives
in such home, or
(b)  is  in  rightful  possession  under a lawful lease of a one, two,
three, or four family home constructed prior to January first,  nineteen
hundred  eighty  who  (i) receives at such home and pays for electric or
gas services, from a utility, (ii) has the  written  permission  of  the
holder  of  legal  title to such home to enter into a financing contract
and security agreement pursuant to this article, and has the consent  of
such  holder  for the financing utility to obtain a security interest in
and lien upon the premises, (iii) if the financing utility so  requests,
provides security of a type and in an amount approved by the commission,
and  (iv)  does  not  present  an  undue  credit  risk  as determined in
accordance with rules and regulations promulgated for  this  purpose  by
the commission.
4. "Energy conservation measures" means:
(a) caulking and weatherstripping of all exterior doors and windows;
(b) furnace efficiency modifications including but not limited to:
(i)  replacement  burners  designed  to  reduce  the firing rate or to
achieve a reduction in the amount  of  fuel  consumed  as  a  result  of
increased combustion efficiency;
(ii)  devices  for  modifying  flue  openings  which will increase the
efficiency of the heating system, and
(iii) electrical or mechanical furnace ignition systems which  replace
standing gas pilot lights;
(c)  furnace and boiler retrofits, including but not limited to burner
and system derating;
(d) furnace and boiler  replacements  regardless  of  the  fuel  used,
provided  that  such  replacement furnaces or boilers shall meet minimum
efficiency standards established by the commission;
(e) heat pumps provided that such heat pumps shall meet  such  minimum
efficiency standards for heating and cooling purposes established by the
commission  in  the absence of any provision establishing such standards
in the energy law;
(f) clock thermostats;
(g) ceiling, attic, wall, foundation, air duct, heating pipe and floor
insulation;
(h) hot water heater insulation;
(i) storm and thermal windows and doors;
(j) solar and wind systems; and
(k) load management devices  and  energy  use  meters,  together  with
associated wiring; and
(l) such other measures that the commission shall specify.
5. "Home conservation plan" means the general program administered and
established  by  each utility pursuant to this article, which sets forth
the framework for  individual  home  energy  conservation  programs  for
eligible customers.
6.  "Solar  or  wind  energy system" shall have the same meaning as in
section four hundred eighty-seven of the real property tax law.
7.  "Landlord" means any person (i) who is the owner or managing agent
of a multifamily dwelling with five or more residential  units  or  (ii)
who  is  authorized  to  act  for  either  the  board  of directors of a
cooperative apartment building or board of  managers  of  a  multifamily
dwelling  which  is  owned  as a condominium under article nine-B of the
real property law, who receives at such building or  dwelling  and  pays
for electric or gas service.