reglab/statecodes huggingface dataset:
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 114 - Temporary Rates.

§ 114. Temporary rates.  To facilitate prompt action by the commission
  in  proceedings  involving the reasonableness of the rates of any public
  utility and to avoid delay in any such rate proceeding,  the  commission
  is hereby authorized to require any public utility company to establish,
  provide  and  maintain  continuing property records, including a list or
  inventory of all of the physical property actually used  in  the  public
  service,  and  to  require any public utility company to keep its books,
  accounts and records in such manner as to show  currently  the  original
  cost  of  said physical property and the reserves accumulated to provide
  for the retirement or replacement of said physical property.
The commission may, in any such proceeding, brought either on its  own
  motion  or  upon  complaint,  upon notice and after hearing, if it be of
  opinion that the public interest so requires, immediately fix, determine
  and prescribe temporary rates to be  charged  by  said  utility  company
  pending  the final determination of said rate proceeding. Said temporary
  rates so fixed, determined and prescribed shall be sufficient to provide
  a return of not less than five per centum upon the original  cost,  less
  accrued  depreciation,  of  the physical property of said public utility
  company used and useful in the public service, and if the duly  verified
  reports  of  said  utility  company  to  the  commission do not show the
  original  cost,  less  accrued  depreciation,  of  said  property,   the
  commission  may  estimate said cost less depreciation and fix, determine
  and prescribe rates as hereinbefore provided.
Temporary rates so fixed, determined and prescribed under this section
  shall be effective until the rates to be charged, received and collected
  by said utility company shall finally have been  fixed,  determined  and
  prescribed.  The  commission  is  hereby authorized in any proceeding in
  which temporary rates are fixed, determined and  prescribed  under  this
  section, to consider the effect of such rates in fixing, determining and
  prescribing  rates to be thereafter charged and collected by said public
  utility company on final determination of the rate proceeding.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 114-A - Rates Not to Include Cost of Legislative Lobbying.

§ 114-a. Rates  not  to  include  cost  of  legislative  lobbying.  In
  determining rates to be charged  customers,  the  commission  shall  not
  include the cost of legislative lobbying on behalf of any public utility
  as part of any such utility's operational costs and the commission shall
  not   include   the  cost  of  membership  dues  for  any  organization,
  association, institution, corporation or any other entity  that  engages
  in legislative lobbying as part of any such utility's operational costs.
  As used in this section, legislative lobbying shall mean and include any
  attempt  by  any  person  on behalf of a public utility to influence the
  passage or defeat of any legislation by either house of the  legislature
  or  the  congress,  or the approval or disapproval of any legislation by
  the governor; provided however, legislative lobbying shall  not  include
  any  appearance  by  any  person  on behalf of a public utility before a
  committee of either house of the legislature or the congress  where  any
  such appearance is at the request of any such committee.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 115 - Public Letting of Contracts.

§ 115. Public   letting  of  contracts.    The  commission  is  hereby
  authorized, whenever it is  of  opinion  that  the  public  interest  so
  requires,  to  direct  any public utility subject to the jurisdiction of
  the commission to award contracts or agreements  for  the  construction,
  improvement  or  extension  of  its plant, works or system, exceeding in
  amount twenty-five thousand dollars in any calendar year, to the  lowest
  responsible  bidder,  after  a  public  offering has been made and after
  advertisement and notice of such  offering  have  been  given,  and  the
  commission   may  prescribe  rules  and  regulations  relative  to  such
  advertisement, notice and public letting.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 117 - Consumer Deposits.

§ 117. Consumer  deposits.  Except as the right to require deposits is
  further  limited  by  section  thirty-six  of  this   chapter,   a   gas
  corporation,  an electric corporation, a gas and electric corporation, a
  water corporation, a  steam  corporation,  a  telegraph  corporation,  a
  telephone  corporation  or  a  municipality rendering equivalent utility
  services may, unless prohibited by the commission, require any person to
  whom such corporation or municipality shall supply gas, electric, water,
  steam, telegraph or telephone services to deposit a  reasonable  sum  of
  money  according to the estimated quantity of such services necessary to
  supply the same for two calendar months,  to  secure  payment  for  such
  services  actually  rendered, or for the rental of fixtures, instruments
  and  facilities  actually  supplied,  but  every  such  corporation  and
  municipality  shall allow to every such depositor interest at a rate per
  annum to be prescribed from time to time,  at  least  annually,  by  the
  commission  in  the  light  of  current  economic conditions and current
  charges  paid  for  other  moneys  borrowed  by  such   corporation   or
  municipality,   and   the  expenses  incurred  by  such  corporation  or
  municipality in obtaining, handling and returning or crediting  the  sum
  deposited,  on  the sum or sums so deposited, payable upon the return of
  the deposit or at earlier intervals as hereinafter prescribed.  Whenever
  such  deposit  has  been  held  for  a  period of one year, the interest
  accrued on such deposit shall be credited to the depositor on the  first
  billing for utility service rendered after the next succeeding first day
  of  October.  If  the depositor was not delinquent in the payment of any
  bill in such one year period, the deposit shall be refunded promptly  at
  the end thereof, but without prejudice to the right to require a deposit
  thereafter  in  the event of a delinquency or where it can be shown that
  the financial condition of a business customer is such that it is likely
  that the customer may default in the future, and to retain such  deposit
  for  a  prudent  period;  except that subject to such regulations as the
  commission may establish, if the deposit is for utility service rendered
  to a business, the deposit may be retained for a prudent  period  beyond
  such a one year period. No provider of utility services shall require of
  its  customer  within its service area a new security deposit where such
  customer was not required to post a security deposit or had  a  security
  deposit  returned pursuant to this section and such customer establishes
  a new residence and continues service with the same provider of  utility
  services.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 118 - Payment to an Authorized Payment Agency.

§ 118. Payment to an authorized payment agency. 1. In any case where a
public  utility  company  or  municipality  rendering equivalent utility
services permits its customers to pay their bills to  a  payment  agency
authorized  by  the  corporation  or  the municipality for collection of
bills, the date of payment to such authorized payment  agency  shall  be
the  effective  date  of  payment of such bill, and the payment shall be
regarded as if it were paid directly to the corporation or  municipality
on  such  date. Where a customer of such corporation or municipality has
paid a bill to an authorized payment agency on or  before  a  designated
due  date,  no penalty or extra charge shall accrue on such bill for the
reason that the payment did not reach the corporation or municipality on
or before the designated due date. Notwithstanding the provision of this
section,  payments  to  authorized  payment  agencies   by   residential
customers shall be governed by article two of this chapter.
2.  Backbilling.  Except  as  provided for residential utility service
pursuant to article two of this chapter, no public  utility  company  or
municipality  may  render  a  bill  for  previously unbilled service, or
adjust upward a bill previously  rendered,  to  a  residential  customer
after  the  expiration  of  twenty-four  months from the time service to
which the bill or adjustment pertains was provided. This provision shall
not apply when the culpable conduct of a customer caused or  contributed
to the failure of the company or municipality to have rendered timely or
accurate billing.
3. Credit or refund of overpayments. (a) The commission shall have the
power  to  require a public utility company or municipality to provide a
refund or credit to a customer when a payment has been made in excess of
the correct charge for actural service rendered to the customer.
(b) If a residential  customer  becomes  eligible  for  a  lower  rate
because  he  or she changes the character of the service received and if
excess payment resulted from the failure of the customer to  notify  the
utility  or  municipality providing service of a change in the character
of service received or from the failure of the utility  or  municipality
to  change  the  rate  after  such  notification by the customer, such a
customer will be entitled to such lower rate from the  date  the  change
occurs  but such a customer shall not be entitled to such lower rate for
more than twenty-four months prior to the giving of actual notice to the
utility or municipality providing service.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 119 - Reorganization of Public Utility Corporations Under the National Bankruptcy Act.

§ 119. Reorganization   of   public  utility  corporations  under  the
  national  bankruptcy  act.   Upon   determining,   after   hearing   and
  investigation,  that  the  outstanding  liabilities  of a public utility
  corporation exceed its assets and that the public interest requires that
  such corporation be reorganized in order to enable it to make  necessary
  improvements  and additions to its property and facilities, and in order
  to enable it to render adequate public service at reasonable  rates,  or
  otherwise  to  promote  the  public  interest, and that the officers and
  directors of the corporation have failed  and  neglected  to  cause  the
  corporation  to be reorganized, the commission may, by order, direct the
  officers and directors of the corporation to file a petition, under  the
  provisions  of  the  act  of  congress  of  July first, eighteen hundred
  ninety-eight,  entitled  "An  act  to  establish  a  uniform  system  of
  bankruptcy   throughout   the   United  States,"  as  amended,  for  the
  reorganization of the corporation, and to perform such other acts and to
  take  such  proceedings  as  may  be  required  in  such  reorganization
  proceeding. Upon the failure or refusal of the officers or the directors
  of  the  corporation  to  comply with the said order, the commission may
  institute a summary proceeding in the supreme court for the  enforcement
  thereof,  in  accordance with the procedure provided in this chapter for
  the enforcement of orders of the commission.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 119-C - Tax Reduction Benefit to Ratepayers.

§  119-c.  Tax  reduction  benefit to ratepayers. The commission shall
  provide that any net decrease in a  utility  corporation's  tax  expense
  resulting  from the amendments made to sections one hundred eighty-four,
  one hundred eighty-six-a and one hundred eighty-six-e of the tax law  by
  the  chapter  of the laws of nineteen hundred ninety-seven which enacted
  this section shall inure to  the  benefit  of  the  ratepayers  of  such
  corporation.
2023 New York Laws › PBS - Public Service › Article 6 - Provisions Affecting Two or More Kinds of the Public Service and the Persons and Corporations Furnishing Such Service › 119-D - Maintenance of Utility Poles.

§  119-d.  Maintenance of utility poles. On or before April first, two
  thousand  twenty-four,  the  commission  shall  promulgate   rules   and
  regulations to require, in addition to other maintenance procedures, the
  trimming  of  vines on utility poles throughout the state by the utility
  company or cable television company that owns such  utility  pole  where
  such vine growth is likely to disrupt safe and reliable service.
2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 120 - Definitions.

§ 120. Definitions.  Where  used in this article, the following terms,
  unless  the  context  otherwise  requires,  shall  have  the   following
  meanings.
1. "Municipality" means a county, city, town or village in the state.
2.  "Major  utility  transmission  facility"  means:  (a)  an electric
  transmission line of  a  design  capacity  of  one  hundred  twenty-five
  kilovolts  or  more  extending a distance of one mile or more, or of one
  hundred  kilovolts  or  more  and  less  than  one  hundred  twenty-five
  kilovolts,  extending  a  distance  of  ten  miles  or  more,  including
  associated equipment, but shall not include any such  transmission  line
  located  wholly underground in a city with a population in excess of one
  hundred twenty-five thousand or a primary transmission line approved  by
  the   federal   energy   regulatory  commission  in  connection  with  a
  hydro-electric facility; and (b) a fuel gas transmission line  extending
  a distance of one thousand feet or more to be used to transport fuel gas
  at  pressures of one hundred twenty-five pounds per square inch or more,
  excluding  appurtenant  facilities,  but  shall  not  include  any  such
  transmission  line  which  is  located  wholly  underground in a city or
  wholly within the right of way of a state, county  or  town  highway  or
  village  street as those terms are defined in article one of the highway
  law and article six of the village law, or which  replaces  an  existing
  transmission  line,  including  appurtenant  facilities,  and  extends a
  distance of less than one mile.
3.  "Person"  means  any  individual,  corporation,   public   benefit
  corporation,  political  subdivision, governmental agency, municipality,
  partnership, co-operative association, trust or estate.
4.  "Appurtenant  facilities"  means  installations   (excluding   gas
  compressors)  which  are  merely  auxiliary or appurtenant to a fuel gas
  transmission line such  as:  valves;  drips;  measuring  and  regulating
  equipment;  yard  and station piping; cathodic protection equipment; gas
  cleaning;  cooling  and   dehydration   equipment;   residual   refining
  equipment;  water  pumping;  treatment and cooling equipment; electrical
  and communication equipment; and buildings.
5. "Landowner" means the holder of any right, title,  or  interest  in
  real  property  subject to a proposed site or right of way as identified
  from the most recent tax roll of the appropriate city or county.
2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 121 - Certificate of Environmental Compatibility and Public Need.

§ 121. Certificate  of environmental compatibility and public need. 1.
  No person shall, after July first, nineteen  hundred  seventy,  commence
  the  preparation  of  the  site  for the construction of a major utility
  transmission facility in the  state  without  having  first  obtained  a
  certificate of environmental compatibility and public need (hereafter in
  this  article  called  a  "certificate")  issued  with  respect  to such
  facility by the  commission.  The  replacement  of  existing  with  like
  facilities,  as  determined  by the commission, shall not constitute the
  construction of a major utility transmission facility. Any facility with
  respect to which a certificate is required shall  thereafter  be  built,
  maintained  and  operated  in  conformity  with such certificate and any
  terms, limitations or conditions contained therein.   A certificate  may
  only be issued pursuant to this article.
2.  A  certificate  may be transferred, subject to the approval of the
  commission, to a person who agrees to comply with the terms, limitations
  and conditions contained therein.
3. A certificate issued hereunder may be amended as herein provided.
4. This article shall not apply  to  any  major  utility  transmission
  facility:
a.  For  which,  on  or before July first, nineteen hundred seventy an
  application has been made for a license,  permit,  consent  or  approval
  from any federal, state or local commission, agency, board or regulatory
  body,   in   which   application  the  location  of  the  major  utility
  transmission facility has been designated by the applicant;
b. The construction of which has been approved by  a  municipality  or
  public  benefit  corporation  which  has sold bonds or bond anticipation
  notes on or before July first, nineteen hundred seventy, the proceeds or
  part of the proceeds of which are to be used in payment therefor; or
c. Over which any agency or department of the federal  government  has
  exclusive  jurisdiction, or has jurisdiction concurrent with that of the
  state  and  has  exercised  such  jurisdiction,  to  the  exclusion   of
  regulation of the facility by the state.
5.  Any  person  intending  to  construct a major utility transmission
  facility excluded from this article pursuant  to  subdivision  four  may
  elect to waive such exclusion by delivering notice of such waiver to the
  commission.  This  article  shall thereafter apply to each major utility
  transmission facility identified in such notice from  the  date  of  its
  receipt by the commission.
2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 125 - Conduct of the Hearing.

§ 125. Conduct  of the hearing.  A record shall be made of the hearing
  and of all testimony taken and the cross-examinations thereon. The rules
  of evidence applicable to proceedings before a court  shall  not  apply.
  The  commission  may provide for the consolidation of the representation
  of parties, other than governmental bodies or agencies,  having  similar
  interests.
2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 127 - Opinion to Be Issued With Decision.

§ 127. Opinion to be issued with decision.  In rendering a decision on
  an  application  for  a certificate, the commission may issue an opinion
  stating its reasons for the action taken. If the  commission  has  found
  that  any  local ordinance, law, resolution, regulation, or other action
  issued thereunder or any other local standard or requirement which would
  be  otherwise  applicable  is  unreasonably  restrictive   pursuant   to
  paragraph  b  of  subdivision  one of section one hundred twenty-six, it
  shall state in its opinion the reasons therefor.
2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 129 - Jurisdiction of Courts.

§ 129. Jurisdiction  of  courts.    Except  as  expressly set forth in
  section one hundred twenty-eight and except for review by the  court  of
  appeals  of a decision of the appellate division of the supreme court as
  provided for therein, no court of this state shall have jurisdiction  to
  hear  or determine any matter, case or controversy concerning any matter
  which was or could have been  determined  in  a  proceeding  under  this
  article  or  to  stop  or delay the construction or operation of a major
  facility except to enforce compliance with this article or the terms and
  conditions of a certificate issued hereunder.
2023 New York Laws › PBS - Public Service › Article 7 - Siting of Major Utility Transmission Facilities › 130 - Powers of Municipalities and State Agencies.

§ 130. Powers  of  municipalities  and state agencies. Notwithstanding
  any other provision of law, no state agency, municipality or any  agency
  thereof  may require any approval, consent, permit, certificate or other
  condition for the construction or operation of  a  major  facility  with
  respect  to  which  an  application for a certificate hereunder has been
  issued, other than those provided by otherwise applicable state law  for
  the protection of employees engaged in the construction and operation of
  such  facility,  and  provided  that in the case of a municipality or an
  agency thereof, such municipality has received notice of the  filing  of
  the application therefor.
Neither  the  Tug Hill commission nor the Adirondack park agency shall
  hold public hearings for a  major  utility  transmission  facility  with
  respect  to which an application hereunder has been filed, provided that
  such commission or agency has received notice  of  the  filing  of  such
  application.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-C - Home Conservation Plans; Eligibility; Approval by the Commission.

§ 135-c. Home   conservation   plans;  eligibility;  approval  by  the
  commission. 1. After hearing  upon  reasonable  notice,  the  commission
  shall  establish  home conservation plans for each utility in accordance
  with the provisions of  this  article.  Such  plans  shall  be  open  to
  participation  by  all eligible customers meeting the criteria set forth
  in this article. Such  eligibility  shall  cease  June  first,  nineteen
  hundred ninety-six.
2.  Participation  shall be open to all eligible customers, regardless
  of type of fuel or energy used for space or water heating or cooling.
3. Participation shall be limited to individual projects  wherein  the
  amount  to be financed is in excess of two hundred dollars. In addition,
  the estimated cost of such projects must be recovered within seven years
  from the savings generated by reduced energy consumption resulting  from
  such  projects;  provided  however, in the case of heat pumps, solar and
  wind systems, the estimated cost of  such  projects  must  be  recovered
  within fifteen years.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-D - Scope of Plan.

§ 135-d. Scope  of  plan.  1. Each utility shall adopt and implement a
  home conservation plan as approved by the commission,  and  shall  offer
  participation  to  its  customers. The availability of the plan shall be
  publicized by the utility to encourage customer participation.
2. The commission  may  provide  that  any  such  plan  shall  provide
  participating  customers  with the opportunity to enter into a financing
  contract and security agreement with  the  sponsoring  utility  for  the
  amount  financed.  If  such an agreement is entered into, the commission
  shall require the payment of interest by each participant on the  amount
  financed  by  such participant in accordance with the provisions of this
  article.
3. Each plan shall provide for the installation and financing  of  one
  or  more  types  of  energy  conservation  measures  and provide for the
  performance of energy audits.
4. Where any plan includes financing by a utility, any such plan shall
  include the maximum rate of interest chargeable by the  utility  on  any
  amounts   financed  hereunder;  allowable  repayment  periods;  probable
  sources of and methods by which the utility will raise  funds  to  carry
  out  the  plan; and such other information and matters as the commission
  deems necessary and appropriate  to  effectuate  the  purposes  of  this
  article.
5.  The  chairman,  with  the  assistance  of  such public and private
  entities as he shall select, shall prepare,  administer  and  finance  a
  program  to  promote  wide  public  awareness  of  the  availability and
  benefits of the home conservation plans,  energy  conservation  measures
  and energy audits authorized by this article. Such programs may include,
  but  not  be  limited  to,  promotion  of the plans, measures and audits
  through the media and through the utilities.  Funds  for  financing  any
  such  program  shall  be  made  available  to  the  chairman from moneys
  provided the department pursuant to the assessment provisions of section
  eighteen-a of this chapter, provided however, that such funds shall  not
  exceed   two   million   dollars  in  any  state  fiscal  year  and  the
  authorization for using assessment funds to  finance  any  such  program
  shall expire June first, nineteen hundred ninety-six.
6.   Each  plan  shall  include  a  training  program  and  experience
  requirements  for  auditors  so  they  are  familiar  with  the   energy
  conservation  criteria and energy conservation measures provided by this
  article. In addition, each plan shall assure that utility employees  who
  regularly  deal  with the public can provide information about the scope
  and benefits of the plans.
7.  Each  plan  may  include  provision  for  the   participation   of
  not-for-profit neighborhood preservation or development organizations in
  order  to  promote  energy  audits  and to explain methods of conserving
  energy to the community.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-E - Energy Conservation Criteria.

§ 135-e. Energy  conservation  criteria.  1.  Participation  shall  be
  denied to any eligible customer whose proposed  installation  of  energy
  conservation  measures fails to meet minimum criteria established by the
  commission for purposes of home  conservation  plans.    The  commission
  shall  establish  criteria  for  each  energy conservation measure after
  consultation with the New York State Energy  Office  and  the  New  York
  State  Building  Code  Council and after requesting written comment from
  interested parties.
2. The commission may upon its  own  motion  or  upon  request  of  an
  eligible  customer  grant  an exception to such a customer from any such
  criteria upon a showing that compliance is not technically  feasible  or
  would result in severe economic hardship.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-F - Energy Audits.

§ 135-f. Energy  audits.  1.  Upon  the  request of either an eligible
customer or a landlord, each utility shall conduct an  energy  audit  of
the  customer's residential premises or the landlord's multiple dwelling
and promptly provide the results  of  the  audit  to  such  customer  or
landlord in a manner prescribed by the chairman. No charge shall be made
for such audits. In addition, on or before March first, nineteen hundred
eighty-two,  each  utility  shall,  as  part  of the promotional program
established by the chairman, (i) inform each of its  eligible  customers
in  writing  that an energy audit of the customer's residential premises
is available without charge, and (ii) inform each  landlord  in  writing
that  an  energy  audit  of  his  multifamily dwelling is available at a
charge which shall be set by the chairman and not  exceed  five  hundred
dollars for each building; except in multiple building complexes, heated
by  a single, central boiler system. In such cases, the commission shall
set fair and reasonable audit fees. A customer or landlord shall only be
eligible for one audit under this  section,  provided  however,  that  a
customer  who  received an audit prior to the inclusion of solar or wind
energy systems within the home conservation  plans  authorized  by  this
article  shall  be  entitled  to  a second limited audit to consider the
energy savings and costs that would result from  adding  solar  or  wind
energy systems to his premises.
2. Each audit shall include:
(a)  estimates  of the energy conservation measures, if any, needed to
comply with applicable minimum criteria;
(b) estimates of available options for meeting such criteria, together
with their relative costs and pay-back periods, and  relative  potential
energy  and  cost savings on a monthly and yearly basis, a comparison of
initial cost and pay-back periods  for  customer  installation  and  for
contractor installation and the price of fuel on which any comparison is
based;
(c)  for  the  purposes of this section, the term "energy conservation
measures"  shall  mean,  when  used  with  respect  to  audits  provided
landlords,  those  measures set forth for multifamily dwellings in Title
VII of the National Energy Conservation Policy Act  together  with  such
other  measures  consistent  with  the  standards of this article as the
chairman shall specify.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-H - Installation.

§ 135-h. Installation.  1.  A utility shall afford each participant in
  its home conservation plan the option of installing energy  conservation
  measures  either (a) by performing the work on a "do-it-yourself" basis,
  where deemed safe and feasible by the commission, under  guidelines  set
  by  the  commission for assuring quality and conformance with applicable
  criteria; (b) through the  use  of  services  provided  by  the  utility
  itself, if the utility decides to offer such services provided, however,
  that  in offering such services, the utility shall contract, through the
  use of prevailing competitive bidding processes, with persons, firms and
  corporations not owned or operated by such utility for the  installation
  of energy conservation measures; or, (c) through the use of the services
  of  a  contractor  and/or  supplier of the customer's choice, whose name
  appears on a list of qualified contractors and/or  suppliers  maintained
  and periodically updated by the utility.
2.  In  implementing paragraph (a) of subdivision one of this section,
  the utilities, in consultation with  the  commission,  shall  prepare  a
  "do-it-yourself"  manual  for  the  customers  it  serves, detailing the
  materials capable of being used, their manner of effective installation,
  and  the  criteria  used  in  inspection  to  determine  the  degree  of
  effectiveness.  With  reference to all installations to be made pursuant
  to paragraphs (a) and (c)  of  subdivision  one  of  this  section,  the
  utility shall prepare and maintain a list of qualified and participating
  suppliers  and  contractors in a non-discriminatory manner. The decision
  as to which option, supplier, or contractor to use is the choice of  the
  customer.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-J - Administration by Public Service Commission; Application by Utilities; Approval.

§ 135-j. Administration  by  public service commission; application by
  utilities; approval. 1. The commission shall issue  such  orders,  rules
  and  regulations as may be necessary or appropriate for interpretations,
  implementation or administration of this article.
2. Within ninety days of the  effective  date  hereof,  every  utility
  shall  submit its proposed home conservation plan in accordance with the
  terms of this act to the commission  for  approval  by  the  commission.
  Within sixty days thereafter, the commission shall approve, approve with
  modifications, or reject each such submission.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-K - Reports; Miscellaneous.

§ 135-k. Reports;  miscellaneous.  1.  During the first three years of
  operation of an approved home  conservation  plan,  each  utility  shall
  submit  to  the  commission annually a summary report setting forth such
  information as the commission may deem relevant to monitor and  evaluate
  the progress of the program.
2.  On  or  before  the  thirty-first  day  of  May,  nineteen hundred
  eighty-seven and annually on that day thereafter, up  to  and  including
  May  thirty-first,  nineteen  hundred  ninety-six,  the commission shall
  report to the governor and  the  legislature  on  the  progress  of  the
  program  regarding the effect of the program on conservation of fuel and
  energy, cost savings to customers, expense to rate payers, environmental
  benefits, and estimated effects on  the  state's  economy.  The  reports
  furthermore,  shall detail any problems encountered in administration of
  the program and its implementation and shall include recommendations for
  its improvement and possible extension.
3. It is the purpose of this article, to the maximum extent permitted,
  to incorporate into the home conservation program  established  by  this
  article any advantages to be secured by integration of federal and state
  home  conservation programs, to secure maximum federal assistance to the
  program, when and if available, for such purposes, and to the  customers
  and utilities participating therein.
4. No utility shall utilize its home conservation program to influence
  a customer to convert from one energy source to another, except with the
  consent of the customer.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-L - Alternate Financing Method.

§ 135-l. Alternate financing method. Notwithstanding the provisions of
  sections one hundred thirty-five-d and one hundred thirty-five-g of this
  article,  a  utility  may satisfy its obligation to provide financing to
  eligible customers by concluding financial arrangements with two or more
  lending institutions in this state engaged in  making  home  improvement
  loans  to  provide  loans  to  eligible  customers for home conservation
  programs pursuant to this article, provided that  such  loans  shall  be
  under  such  terms  and  conditions as are consistent with the terms and
  conditions  of  section  one  hundred  thirty-five-g.  The  utility  may
  guarantee such loans where the commission determines that such action is
  in  furtherance  of the public interest. If the commission determines it
  to be necessary, to facilitate the home improvement loans authorized  by
  this  article,  it  may  require  a utility to maintain a supply of loan
  application forms for such loans.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-M - Applicability to Prior Installations.

§ 135-m. Applicability  to  prior  installations.  In  the  event  any
  eligible customer installs energy conservation  measures  subsequent  to
  the  effective  date  of  this  act, but prior to the adoption of a home
  conservation plan by his gas or electric utility, and the work performed
  or obtained by such eligible customer would qualify for financing  under
  a  subsequently  adopted  plan, such eligible customer shall be eligible
  for retroactive financing and participation in the plan adopted  by  his
  utility in accordance with the provisions of this article.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-N - Nonresidential Energy Audits.

§ 135-n. Nonresidential  energy  audits.  1.  The  commission shall be
  authorized to require a utility, upon the request of an owner of a farm,
  small business or nonprofit organization, to conduct an energy audit  of
  a  farm  or  a  farmstead,  or of a commercial building occupied by such
  business or organization and promptly provide the results of  the  audit
  and  any  information  and  technical  assistance  that  is necessary to
  implement the audit's recommendations to the owner,  small  business  or
  non-profit  organization.  No  charge  shall be made for such audits. In
  addition, each utility shall inform its customers  in  writing  that  an
  energy  audit  is  available  without  charge  for eligible farms, small
  businesses and nonprofit organizations. Such owner shall be eligible for
  only one energy audit for each farm  or  commercial  building;  provided
  however,  that  a second limited audit may be provided if new conditions
  justify a second audit, including but not limited to, a  change  in  the
  purpose for which the farm or commercial building is used.
2. A utility may contract with a qualified not-for-profit organization
  to  promote  and perform energy audits; provided, however that a utility
  shall be prohibited from compensating such organization in an amount  in
  excess  of  what  the  utility's  own  costs would be of performing such
  services.  In  addition,  such  energy  audits  shall  be  promoted  and
  performed, to the extent feasible, through or in coordination with other
  existing  federal,  state and local programs designated for farms, small
  businesses and nonprofit organizations.
3. Any criteria established by the commission for  the  energy  audits
  and  eligibility for audits required under this section shall be adopted
  after consultation with the state  energy  office  and  opportunity  for
  comment by other interested parties.
2023 New York Laws › PBS - Public Service › Article 7-A - Home Insulation and Conservation › 135-O - Recovery of Costs.

§ 135-o. Recovery  of  costs. A utility shall be allowed to recover as
  normal operating expenses through rates the just and reasonable costs of
  carrying out its responsibilities and home conservation plan under  this
  article,  as  determined  by  the  commission  after public hearing upon
  reasonable notice.
2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 136 - Purpose.

* § 136. Purpose. It is the purpose of this article to consolidate the
  environmental  review,  permitting,  and  siting  in this state of major
  renewable energy facilities and major electric  transmission  facilities
  subject  to  this article, and to provide ORES as a single forum for the
  coordinated and timely review of  such  projects  to  meet  the  state's
  renewable  energy  goals  and  ensure  the  reliability  of the electric
  transmission  system,  while  also  ensuring  the  protection   of   the
  environment  and  consideration  of  all  pertinent social, economic and
  environmental factors in the decision to permit such  projects  as  more
  specifically provided in this article.
* NB Repealed December 31, 2040
2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 140 - Applicability Related to Siting Major Renewable Energy Facilities.

* § 140. Applicability   related  to  siting  major  renewable  energy
facilities. 1. No person shall commence the preparation of a  site  for,
or  begin  the construction of, a major renewable energy facility in the
state, or increase the capacity of an existing  major  renewable  energy
facility,  without  having  first  obtained  a  major  renewable  energy
facility siting permit pursuant to this  article.  Any  major  renewable
energy  facility  subject to this article with respect to which a siting
permit is issued shall not thereafter be built, maintained, or  operated
except  in  conformity  with such major renewable energy facility siting
permit and any terms,  limitations,  or  conditions  contained  therein,
provided  that  nothing  in  this subdivision shall exempt such facility
from compliance with federal laws and regulations.
2. A major renewable energy facility siting permit issued by ORES  may
be transferred or assigned, subject to the prior written approval of the
office  of  renewable  energy  siting  and  electric transmissions, to a
person that agrees to comply with the terms, limitations and  conditions
contained in such major renewable energy facility siting permit.
3.  ORES or a permittee may initiate an amendment to a major renewable
energy facility siting permit under this section. An amendment initiated
by ORES or a permittee that is likely to result in any material increase
in any adverse environmental impact or involves a substantial change  to
the  terms  or  conditions  of  a major renewable energy facility siting
permit shall comply with the public notice and hearing  requirements  of
this section.
4. Any hearings or dispute resolution proceedings initiated under this
article or pursuant to rules or regulations promulgated pursuant to this
section may be conducted by the executive director of ORES or any person
to whom the executive director shall delegate the power and authority to
conduct such hearings or proceedings in the name of ORES at any time and
place.
5. This section shall not apply:
(a)   to   normal  repairs,  maintenance,  replacements,  non-material
modifications and improvements of  a  major  renewable  energy  facility
subject  to  this  article,  whenever  built, which are performed in the
ordinary course of business and which do not constitute a  violation  of
any applicable existing permit; and
(b)  to  a  major  renewable  energy  facility  if,  on  or before the
effective date of this article, an application has been made or  granted
for  a  license,  permit,  certificate,  consent  or  approval  from any
federal, state or local commission, agency, board or regulatory body.
* NB Repealed December 31, 2040
2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 144 - Powers of Municipalities and State Agencies and Authorities.

* § 144. Powers  of municipalities and state agencies and authorities.
  1.  Applicants shall, prior to filing an application,  conduct  meetings
  with  the  respective  chief  executive officer of all municipalities in
  which the proposed major renewable generation facility or major electric
  transmission facility will be located. The applicant  shall  provide  as
  part  of  the  application  presentation  materials  and  a  summary  of
  questions raised, and  responses  provided  during  such  meetings  with
  municipalities. In the event the applicant is unable to secure a meeting
  with  a  relevant  municipality the application shall contain a detailed
  explanation of all  of  the  applicant's  best  efforts  and  reasonable
  attempts  to secure such meeting, including, but not limited to, written
  communications between the applicant and the municipality.
2. Notwithstanding any  other  provision  of  law,  including  without
  limitation  article  eight  of  the  environmental  conservation law and
  article VII of this  chapter,  no  other  state  agency,  department  or
  authority,  or  any  municipality or political subdivision or any agency
  thereof may, except as expressly authorized under this  article  or  the
  rules  and  regulations  promulgated  under  this  article,  require any
  approval, consent, permit, certificate, contract,  agreement,  or  other
  condition  for  the  development,  design,  construction,  operation, or
  decommissioning of a major renewable energy facility or a major electric
  transmission facility with respect to which an application for a  siting
  permit has been filed, provided in the case of a municipality, political
  subdivision or an agency thereof, such entity has received notice of the
  filing  of  the application therefor. Notwithstanding the foregoing, the
  department of environmental conservation shall be the permitting  agency
  for permits issued pursuant to federally delegated or federally approved
  programs.
3.  This  section  shall  not impair or abrogate any federal, state or
  local  labor  laws  or  any  otherwise  applicable  state  law  for  the
  protection  of  employees engaged in the construction and operation of a
  major renewable energy facility or major electric transmission facility.
4. ORES and the  department  shall  monitor,  enforce  and  administer
  compliance  with  any  terms and conditions set forth in a siting permit
  issued pursuant to this article and in doing so  may  use  and  rely  on
  authority otherwise available under this chapter.
* NB Repealed December 31, 2040
2023 New York Laws › PBS - Public Service › Article 8 - Siting of Renewable Energy and Electric Transmission › 147 - Farmland Protection Working Group.

* § 147. Farmland protection working group. 1. There is hereby created
in   the  executive  department  a  farmland  protection  working  group
consisting of appropriate stakeholders, including but not limited to:
(a) the commissioner of the department of agriculture and markets;
(b) the commissioner of the department of environmental conservation;
(c) the executive director of ORES;
(d) the chief executive officer of the department of public service;
(e)  the  president  of  the  New  York  state  energy  research   and
development authority;
(f)  local  government  officials  or  representatives  from municipal
organizations representing towns, villages, and counties; and
(g) representatives from at least two county agricultural and farmland
protection boards.
2. The working group shall, no later than one year after the effective
date of this article, recommend strategies to encourage  and  facilitate
input  from  municipalities  in  the  siting  process of major renewable
energy facilities and major  electric  transmission  facilities  and  to
develop  recommendations  that include approaches to recognize the value
of viable agricultural land and methods to minimize adverse  impacts  to
any  such  land  resulting  from  the  siting  of major renewable energy
facilities and major electric transmission facilities.
3. The working group, on call of the commissioner of the department of
agriculture and markets, shall meet at least three times each  year  and
at such other times as may be necessary.
* NB Repealed December 31, 2040