reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter F - Solar Thermal Systems › Part 7830 - Warranty And Sales Requirements For Systems And Components › Section 7830.8 - Sale or construction of new buildings containing solar thermal systems

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Definitions.
					 For the purpose of this section, the terms hereinafter listed shall have the
					 following meanings:
(1) New building means a
					 building which has not been previously used to afford shelter for persons,
					 animals or property; an existing building that has been substantially renovated
					 or rehabilitated; or additional building space affording shelter for persons,
					 animals or property that is added to an existing building; this term shall also
					 include a newly constructed indoor or outdoor swimming pool.
(2) Contractor means a person who, for
					 profit, enters into a contract with a person owning or leasing land for the
					 construction of a new building thereon.
(3) First purchaser means the first person
					 purchasing or contracting to purchase a new building for purposes other than
					 resale;
(4) Owner means the person
					 who contracts for the construction of a new building for purposes other than
					 resale.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter F - Solar Thermal Systems › Part 7830 - Warranty And Sales Requirements For Systems And Components › Section 7830.9 - Full warranties

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Where a warrantor must provide more than one warranty pursuant to sections
					 7830.5
					 through
					 7830.8 
					 of this Part, he may include all such warranties in a single written document
					 or provide separate warranty documents conforming to the requirements of each
					 above referenced section that is applicable.
(b) Warranty terms. The full warranties
					 required by sections
					 7830.5
					 through
					 7830.8 
					 of this Part and any additional express warranties made shall be in writing and
					 shall clearly and conspicuously disclose the following information in readily
					 understood language:
(1) the identity of
					 persons to whom the warranty is extended;
(2) a clear description and identification of
					 products, parts, characteristics, components or properties covered by the
					 warranty;
(3) a statement of what
					 the warrantor will do in the event of a defect, malfunction or failure, as
					 provided in subdivision (c) of this section;
(4) the point in time the warranty term
					 commences and the warranty duration;
(5) a step-by-step procedure which the
					 customer should follow in order to obtain performance of warranty obligations,
					 including a list of the class of persons authorized to perform such warranty
					 obligations;
(6) if applicable,
					 information concerning the availability of an informal dispute settlement
					 mechanism which the consumer is required to use;
(7) if applicable, any exclusion or
					 limitation on incidental or consequential damages, and a statement in the
					 following language: "Some states do not allow the exclusion of limitation of
					 incidental or consequential damages, so the above limitation or exclusion may
					 not apply to you"; and
(8) a
					 statement in the following language: "This warranty gives you specific legal
					 rights, and you may also have other legal rights that vary from state to
					 state."
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter F - Solar Thermal Systems › Part 7830 - Warranty And Sales Requirements For Systems And Components › Section 7830.10 - Responsibilities of servicers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No
					 servicer shall enter into or offer to enter into a service agreement for a
					 solar thermal system or component thereof unless the servicer has complied with
					 this Part.
(b) No servicer shall
					 enter into or offer to enter into a service agreement for a solar thermal
					 system or component thereof unless he has the ability to perform all services
					 described in such agreement in a timely manner by virtue of:
(1) knowledge of the mechanics and components
					 of the subject solar system, equipment and skills necessary to fulfill the
					 obligations of the agreement, and regular access to components, connecting
					 parts and system information; or
(2) an existing business relationship with a
					 person having such knowledge, equipment, skills and access.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter H - Energy Information › Part 7835 - Truth In Heating › Section 7835.1 - Scope and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 provisions of this Part apply to the disclosure of heating and/or cooling
					 expenses in connection with a residential structure which is offered for sale
					 or rental on or after January 1, 1981, in accordance with article 17 of the
					 Energy Law, the "Truth in Heating" act.
(b) The intent of this Part is to encourage
					 sellers and lessors of residential structures whose tenants pay directly for
					 heating and/or cooling expenses to make their premises more energy-efficient,
					 and to provide historical heating and/or cooling expense information to
					 prospective purchasers and lessees so that they may more accurately calculate
					 or estimate future energy costs and the need for energy conservation measures
					 prior to purchase or lease of such residences.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter H - Energy Information › Part 7835 - Truth In Heating › Section 7835.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the terms hereinafter
						listed shall have the following meanings, unless the context clearly indicates
						otherwise:
(a) Fuel shall mean any
					 grade of oil, coal, propane, bottled gas, or other fossil fuel.
(b) Heating and/or cooling bills shall mean
					 all bills rendered by a retail vendor for energy used for space heating and/or
					 air conditioning in a residential structure, including any bills where the cost
					 of energy used for space heating and/or air conditioning is not differentiated
					 from the costs of energy used for any other purpose.
(c) Lessor shall mean any person who offers
					 any residential structure for lease, sublease or assignment to the general
					 public.
(d) Life of the structure
					 shall mean the period of time, beginning on the first day that utility services
					 were provided to the residential structure for initial occupancy, to the time
					 that a prospective purchaser or lessee requests the heating and/or cooling
					 bills.
(e) Person shall mean any
					 individual, trustee, agency, partnership, association, corporation, company or
					 other legal entity. This term shall not include any municipality, political
					 subdivision or agency thereof, or any legal entity who or which is offering a
					 residential structure for sale or lease pursuant to an order of a court of
					 competent jurisdiction.
(f)
					 Prospective lessee shall mean any person who inquires about renting a
					 residential structure which has been offered for lease, sublease or assignment
					 to the general public.
(g)
					 Prospective purchaser shall mean any person who inquires about purchasing a
					 residential structure which has been offered for sale to the general
					 public.
(h) Retail vendor shall
					 mean any person in the business of selling fuel or utility services directly to
					 the owner or occupant of a residential structure.
(i) Residential structure shall mean a one-
					 or two-family dwelling or a single unit of a multiple dwelling, including an
					 individual condominium unit or cooperative unit, which is offered for sale or
					 rental on or after January 1, 1981, by any person; provided, however, that any
					 such dwelling or unit shall not be considered a residential structure if the
					 dwelling has never been occupied; and provided further, that a single unit of a
					 multiple dwelling shall not be considered a residential structure if the owner
					 or lessee thereof is not responsible for the direct payment of both heating and
					 cooling bills.
(j) Seller shall
					 mean any person who offers a residential structure for sale to the general
					 public.
(k) Utility services shall
					 mean the delivery of electricity, natural gas or steam.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter H - Energy Information › Part 7835 - Truth In Heating › Section 7835.3 - Responsibilities of sellers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
					 or after January 1, 1981, the seller of a residential structure shall, within
					 15 days of receipt of a written request from a prospective purchaser, furnish
					 such purchaser with a complete set of heating and/or cooling bills, or a
					 summary thereof, for the life of the structure or for the preceding two years,
					 whichever is shorter; provided, however, that cooling bills, or a summary
					 thereof, shall be furnished only where the cooling equipment will remain with
					 the residential structure.
(b) A
					 seller shall not be obligated to provide the information required by this Part
					 to a prospective purchaser:
(1) where the
					 request is made after the signing of a purchase contract; or
(2) if, during such 15-day period, the seller
					 signs a purchase contract with another person.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter H - Energy Information › Part 7835 - Truth In Heating › Section 7835.4 - Responsibilities of lessors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) On
					 or after January 1, 1981, the lessor of a residential structure shall,
					 immediately upon receipt of a written or oral request from a prospective
					 lessee, furnish such lessee with a complete set of heating and/or cooling
					 bills, or a summary thereof, for the life of the structure or for the preceding
					 two years, whichever is shorter; provided, however, that cooling bills, or a
					 summary thereof, shall be furnished only where the cooling equipment will
					 remain with the residential structure being leased.
(b) A lessor who lacks all or part of such
					 heating and/or cooling bills shall request the retail vendor of fuel or utility
					 services to provide such lessor with a complete set of heating and/or cooling
					 bills, or a summary thereof. Such request shall be in writing, unless otherwise
					 authorized by the retail vendor.
(c) Where the lessor is unable to furnish a
					 prospective lessee with a complete set of heating and/or cooling bills, or a
					 summary thereof, he shall nevertheless provide the prospective lessee with
					 whatever records he has been able to obtain, or a summary thereof, and indicate
					 which periods of time and/or which fuel or utility services are not covered by
					 the incomplete records or summary provided.
(d) The heating and/or cooling bills, or a
					 summary thereof, provided to a prospective lessee shall contain the following
					 information:
(1) address of the residential
					 structure;
(2) name and address of
					 the retail vendor of fuel and/or utility services;
(3) period of time covered;
(4) type, quantity and cost of all fuel
					 and/or utility services consumed during this period for heating and/or cooling
					 purposes. Where a summary is provided, it shall also contain, in the case of a
					 fuel the current unit cost, and in the case of a utility service the quantity
					 consumed and the total cost for the most recent billing period;
(5) where the fuel and/or utility services
					 were used for purposes in addition to heating and/or cooling, a statement to
					 that effect;
(6) where additional
					 energy sources, such as solar, wind or wood, contributed to meeting the
					 residential structure's heating and/or cooling needs, a statement to that
					 effect; and
(7) where the
					 residential structure was unoccupied for any period of time, 30 days or longer
					 in length, the approximate dates during which the residential structure was
					 unoccupied.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter H - Energy Information › Part 7835 - Truth In Heating › Section 7835.5 - Responsibilities of retail vendors

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Every retail vendor of fuel or utility
					 services used for heating and/or cooling residential structures shall maintain
					 records of the cost and quantity of fuel or utility services delivered to any
					 such structure for at least two years.
(b) Within 10 days after receiving a request
					 from a seller or lessor of a residential structure, or their designated agent,
					 a retail vendor shall furnish such person with a complete set of heating and/or
					 cooling bills, or a summary thereof, for the preceding two-year period, or such
					 shorter period of time during which fuel or utility services were provided to
					 the residential structure. Such a request may be written or oral if made by the
					 person with whom the retail vendor has the account for which the information is
					 being requested. Where the request is made by a person for an account other
					 than his own, such request shall be in writing, unless otherwise authorized by
					 the retail vendor.
(c) The heating
					 and/or cooling bills, or a summary thereof, provided to a seller or lessor, or
					 his designated agent, shall contain the following information:
(1) address of the residential
					 structure;
(2) name and address of
					 the retail vendor of fuel and/or utility services;
(3) period of time covered; and
(4) type, quantity and cost of all fuel
					 and/or utility services consumed during such period. Where a summary is
					 provided, it shall also contain, in the case of a fuel the current unit cost,
					 and in the case of a utility service the quantity consumed and the total cost
					 for the most recent billing period.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter II - Codes And Standards › Subchapter H - Energy Information › Part 7835 - Truth In Heating › Section 7835.6 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The penalty for
					 a violation of this Part by any seller, lessor or retail vendor shall be $100
					 for each separate and distinct violation.
(b) A seller shall not be in violation of
					 this Part where the seller's failure to timely furnish a complete set of
					 heating and/or cooling bills, or a summary thereof, is due to the failure by a
					 retail vendor to furnish the seller with heating and/or cooling bills, or a
					 summary thereof, and a request was made to the retail vendor within five days
					 of receipt by the seller of a written request for such bills from a prospective
					 purchaser.
(c) A lessor shall not
					 be in violation of this Part where the lessor's failure to timely furnish a
					 complete set of heating and/or cooling bills, or a summary thereof, is due to
					 the failure by a retail vendor to furnish the lessor with heating and/or
					 cooling bills, or a summary thereof, and such request was made to the retail
					 vendor within five days of being notified that the structure is to be
					 vacated.
(d) A seller or lessor
					 shall not be in violation of this Part for the failure to furnish a complete
					 set of heating and/or cooling bills, or a summary thereof, if he has not been
					 the occupant of the residential structure being offered for sale or lease
					 during all or part of the preceding two-year period, or the life of the
					 structure, whichever is less, and he has made reasonable attempts to obtain the
					 heating and/or cooling bills or the name of the retail vendor of fuel or
					 utility services from the occupant of the residential structure, and has been
					 unsuccessful in obtaining such information.
(e) A retail vendor shall not be in violation
					 of this Part for the failure to maintain records of the cost and quantity of
					 fuel or utility services provided to a residential structure prior to September
					 1, 1980.
(f) The failure of a
					 seller or lessor to furnish the heating and/or cooling bills, or summary
					 thereof, required pursuant to this Part, to a prospective purchaser or lessee
					 shall not affect legal title to or possession of any residential structure or
					 permit any purchaser or lessee of any residential structure to avoid any
					 obligations he may have under any purchase contract or lease.
(g) Any person who shall knowingly provide
					 false or inaccurate information shall be deemed to be in violation of this
					 Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7840 - Introduction › Section 7840.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Chapter
					 comprises the regulations for implementation of the State energy planning
					 proceedings established by chapter 433 of the Laws of 2009, as amended by
					 chapter 195 of the Laws of 2011. These proceedings culminate in the issuance by
					 the State Energy Planning Board (board) of a State Energy Plan (plan) every
					 four years, with the final version of the first plan to be issued on or before
					 March 15, 2013.
(b) The energy
					 planning proceedings shall provide all entities listed in section 6-106 (3)  of the Energy
					 Law and other interested persons a full and fair opportunity to present
					 information and their views to the board on any aspect of, or issue required to
					 be addressed in, the State Energy Plan.
(c) The plan will not be a fixed document.
					 The board is required to:
(1) adopt a plan
					 every four years; and
(2) prepare a
					 biennial report every second year following issuance of a plan. The board may
					 amend the plan, or aspects thereof, upon its own initiative or upon the written
					 application of any interested person, in accordance with Part 7852 of this
					 Title.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
					 right to know the process of government decision making and the documents and
					 statistics leading to determinations is basic to our society. Accordingly, the
					 board's policy with respect to requests for its records is that disclosure is
					 the rule and withholding is the exception. All records not exempt from
					 disclosure will be made available.
(b) The board shall furnish to the public the
					 information and records required by the Freedom of Information Law (article 6
					 of the Public Officers Law), as well as records otherwise available by
					 law.
(c) Any conflicts among laws
					 governing public access to records shall be construed in favor of the widest
					 possible availability of public records.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chair is responsible for ensuring
					 compliance with these regulations, and has designated the records access
					 officer on the State Energy Plan website.
(b) The records access officer is responsible
					 for ensuring appropriate responses to requests for access to records from the
					 board.
(c) The records access
					 officer shall ensure that the board and its staff:
(1) maintains an up-to-date subject matter
					 list of records in the board's possession;
(2) assists persons seeking records to
					 identify the records sought, if necessary, and when appropriate, indicates the
					 manner in which the records are filed, retrieved or generated to assist persons
					 in reasonably describing records;
(3) contacts persons seeking records when a
					 request is voluminous or when locating the records involves substantial effort,
					 so that the board may ascertain the nature of records of primary interest and
					 attempt to reasonably reduce the volume of records requested;
(4) upon locating the records, considers the
					 request in accordance with with sections
					 7842.5
					 and
					 7842.6 
					 of this Part, then takes one of the following actions:
(i) makes records available for inspection;
					 or
(ii) denies access to the
					 records in whole or in part and explains in writing the reasons for
					 denial;
(5) upon request
					 for copies of records:
(i) makes a copy
					 available upon payment or offer to pay established fees, if any, in accordance
					 with section
					 7842.9  of this Part;
					 or
(ii) permits the requester to
					 copy those records;
(6)
					 upon request, certifies that a record is a true copy; and
(7) upon failure to locate records, certifies
					 that:
(i) the records are not in the
					 possession of the board; or
(ii)
					 the records of which the board is a custodian cannot be found after diligent
					 search.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.3 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and
						copying at a location designated by the board and posted on the State Energy
						Plan website.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted
						and records produced during all hours regularly open for business. These hours
						are 8:30 a.m. - 5:00 p.m. or at alternate hours at the board's
						discretion.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.7 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
					 access officer shall maintain a reasonably detailed current list by subject
					 matter of all records in the board's possession, whether or not records are
					 available pursuant to subdivision two of section 87  of the Public Officers Law.
(b) The subject matter list shall be
					 sufficiently detailed to permit identification of the category of the record
					 sought.
(c) The subject matter list
					 shall be updated annually, and shall be posted on the State Energy Plan
					 website. The most recent update shall appear on the first page of the subject
					 matter list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.8 - Denial of access to records; appeals

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Denial of access to records shall be in
					 writing, stating the reason therefore and advising the requester of the right
					 to appeal to the individual designated to determine appeals.
(b) If requested records are not provided in
					 a timely manner, as required in section
					 7842.5 
					 of this Part, such failure shall also be deemed a denial of access.
(c) The chair shall determine appeals
					 regarding denial of access to records under the Freedom of Information
					 Law.
(d) Any person denied access
					 to records may appeal within 30 days of a denial.
(e) The time for deciding an appeal by the
					 chair shall commence upon receipt of a written appeal identifying:
(1) the date and location of requests for
					 records;
(2) a description, to the
					 extent possible, of the records that were denied; and
(3) whether the denial of access was in
					 writing or due to failure to provide records as required by section
					 7842.5 
					 of this Part;
(4) the name and
					 return address of the person denied access.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.9 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
					 no fee charged for:
(1) inspection of
					 records;
(2) search for records;
					 or
(3) any certification pursuant
					 to this Part.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter A - General Provisions › Part 7842 - Public Access To Records › Section 7842.10 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title, business address and
						business telephone number of the records access officer and appeals person, and
						the location where records can be seen or copied, and the business address of
						the Committee on Open Government shall be posted on the State Energy Plan
						website.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7844 - Scoping › Section 7844.1 - Initial scoping meeting

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall meet to examine current energy issues,
						including issues identified in the previous planning proceeding which continue
						to be of importance in the State, as well as any new issues which have
						developed since the previous planning proceeding or which are presently
						developing. The board shall develop a draft Scope that includes a statement of
						issues and policies that the board proposes to address.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7845 - Commencement Of The Energy Planning Proceeding › Section 7845.1 - Commencement of the energy planning proceeding and establishment of a service list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) After the
					 initial scoping meeting provided for in section
					 7844.1  of
					 this Title, the chair shall commence the State Energy Planning proceeding and
					 so notify the public by posting on the State Energy Plan website and causing to
					 be published in the State Register a notice of commencement of the planning
					 proceeding. Such notice shall provide a brief description of the planning
					 proceeding, including the draft scope, and invite requests from interested
					 persons for inclusion on a service list to receive documents in the proceeding.
					 Such notice shall also solicit input on the draft scope and other matters that
					 the public believes should be addressed by the board in the State Energy
					 Plan.
(b) For each planning
					 proceeding, the board shall establish a service list that includes persons who
					 reside in or conduct business in the State who make a request in writing to the
					 board's secretary to be included on the service list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7845 - Commencement Of The Energy Planning Proceeding › Section 7845.2 - Review of responses to notice of commencement

Current through Register Vol. 46, No. 28, July 10, 2024
Upon receipt of any written submissions from interested
						persons in response to the board's notice of commencement of the planning
						proceeding, the board may revise the draft scope contained in the notice of
						commencement of the planning proceeding or may identify additional issues or
						policies which it intends to address in the planning proceeding. A list of any
						such revised or additional issues or policies to be addressed shall be posted
						on the State Energy Plan website.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7846 - Filing And Service Of Documents › Section 7846.1 - Notices, briefs, appeals and other documents

Current through Register Vol. 46, No. 28, July 10, 2024
Documents shall be filed electronically unless the filing
						party certifies that it is unable to do so, in which case a paper document may
						be filed. When a document is served by a party on another party, service shall
						be by electronic means unless the serving and receiving parties agree
						otherwise, or the secretary or hearing officer authorizes the use of a
						different means of service.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7846 - Filing And Service Of Documents › Section 7846.2 - Requirements for electronically-filed and served documents

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Documents filed or served electronically
					 shall be:
(1) in a format that can be read
					 using software that is readily available and is in widespread use by
					 government, business, and individuals (e.g., Microsoft Word, Microsoft Excel,
					 Microsoft Powerpoint, Adobe Acrobat);
(2) electronically-searchable unless the
					 party providing the document certifies that it does not have the capability to
					 produce a searchable file.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7847 - Draft State Energy Plan › Section 7847.1 - Draft State Energy Plan

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall prepare and issue a draft flan which
						shall address each item identified in section 6-104 (2)  of the Energy
						Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7847 - Draft State Energy Plan › Section 7847.2 - Publication of draft plan

Current through Register Vol. 46, No. 28, July 10, 2024
A copy of the draft plan shall be posted on the State
						Energy Plan website. A copy of the draft plan and all non-confidential
						information and comments filed with the board shall be made available to the
						public for inspection.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7848 - Board Hearings › Section 7848.1 - Notice of public hearings

Current through Register Vol. 46, No. 28, July 10, 2024
Upon issuance of the draft State Energy Plan, the board
						shall provide notice in the State Register and on the State Energy Plan website
						of public comment hearings to be conducted by the board. The notice shall also
						indicate the opportunity for any interested person to submit written comments
						to the board, and to request evidentiary hearings on the factual assumptions
						underlying the draft plan in accordance with section
						7848.4(a) 
						of this Part. Copies of such notice shall be distributed to the board's service
						list.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7848 - Board Hearings › Section 7848.2 - Schedule and conduct of public comment hearings

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall establish a schedule specifying the times
						and locations of the public comment hearings. The board shall hold at least
						three hearings in both the downstate and upstate regions as those regions are
						defined in section 6-102 (2)  of the Energy
						Law, to afford interested persons a reasonable opportunity to offer written and
						oral comments on the draft State Energy Plan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7848 - Board Hearings › Section 7848.3 - Written comments

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Interested persons may submit written comments in connection with the draft
					 State Energy Plan. Written comments shall be submitted by a date specified by
					 the board.
(b) Written comments may
					 address any aspect of, or issue addressed in, the draft State Energy Plan.
					 Commenters are encouraged to include in their written comments a description of
					 their interest and experience in the subject being addressed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7848 - Board Hearings › Section 7848.4 - Evidentiary hearings

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Request for evidentiary hearings.
(1)
					 Subsequent to the issuance of the draft plan, an interested person seeking to
					 provide evidentiary material or data may request the board to conduct an
					 evidentiary hearing on the issues identified in subdivision two of section 6-104  of the Energy Law, or the board may
					 conduct such hearing on its own initiative.
(2) The request shall be served on the board
					 no later than the date of the last public comment hearing scheduled by the
					 board. The entity making the request shall serve a copy of such request to
					 those on the board's service list at the same time as the request is served on
					 the board.
(3) Such request shall
					 indicate:
(i) a description of the
					 evidentiary material or data the requester proposes to submit to the
					 board;
(ii) whether a factual
					 dispute requiring an evidentiary hearing exists;
(iii) the significance of the issue in
					 dispute and the likelihood that resolution of the disputed point would affect
					 materially the forecasts or the energy policies, planning objectives or
					 strategies contained in the draft plan; and
(iv) the degree to which the person
					 requesting the evidentiary hearings has sought to limit the factual matters in
					 dispute by seeking additional information pursuant to subdivision (e) of this
					 section.
(4) Each such
					 request shall also indicate whether the person intends to sponsor expert
					 witnesses in such hearings. If so, the request shall include a brief
					 description of the expert's qualifications and a summary of the matters about
					 which the expert intends to testify, and a summary of the basis for the
					 expert's testimony and opinion. The board may request that the person furnish
					 such additional information as the board deems appropriate to enable it to
					 fully understand the issues that would be presented by the proposed
					 testimony.
(5) The board shall
					 issue a ruling as to whether an evidentiary hearing is warranted and specifying
					 the issues to be addressed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7848 - Board Hearings › Section 7848.5 - Record

Current through Register Vol. 46, No. 28, July 10, 2024
The record of the energy planning proceedings shall
						include:
(a) the draft plan;
(b) oral and written statements provided to
					 the board as part of the public comment hearings;
(c) in the event an evidentiary hearing is
					 held, a record of testimony and documents admitted into the record;
(d) responses to information requests which
					 have been admitted into the record by the hearing officer or board;
(e) briefs of the parties;
(f) formal notices, rulings, decisions, and
					 orders issued by the board, its chair, or the hearing officer;
(g) any other relevant information regarding
					 the underlying bases for the draft plan that the board determines should be a
					 part of the record; and
(h) any
					 other matters of which the board takes official notice.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7849 - Subpoenas › Section 7849.1 - Subpoena to compel attendance at evidentiary hearings

Current through Register Vol. 46, No. 28, July 10, 2024
In the event evidentiary hearings are conducted by the
						board, any party to these hearings may, by written application, request that
						the hearing officer, or the chair if no hearing officer is appointed, issue a
						subpoena to compel the attendance of a witness at an evidentiary hearing. An
						application for a subpoena shall state the specific reason or reasons why the
						attendance of the subpoenaed witness is necessary to the conduct of the
						hearing. The board may also issue subpoenas to compel attendance on its own
						initiative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7849 - Subpoenas › Section 7849.2 - Subpoena duces tecum

Current through Register Vol. 46, No. 28, July 10, 2024
Any interested person may, by written application,
						request that the chair, or a hearing officer if one is appointed by the chair,
						issue a subpoena duces tecum to compel the production of papers or other
						documents. An application for a subpoena duces tecum, which can be made at any
						point during the State energy planning proceeding, shall set forth the specific
						papers or other documents desired and the reasons why those papers or documents
						are necessary to the conduct of the energy planning proceedings. The board may
						also issue subpoenas duces tecum on its own initiative.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7849 - Subpoenas › Section 7849.3 - Service of application and response

Current through Register Vol. 46, No. 28, July 10, 2024
All subpoenas, applications for subpoenas and any
						responses thereto shall be served on the person in whose custody or control the
						papers or documents sought reside or the person whose attendance is sought to
						be compelled, on the chair, on the hearing officer, if any, and on each
						party.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7849 - Subpoenas › Section 7849.4 - Time for applying

Current through Register Vol. 46, No. 28, July 10, 2024
An application for a subpoena shall be made at least 15
						days prior to the date of the evidentiary hearing at which the witness would
						attend or the date on which the papers or other documents would be
						produced.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7849 - Subpoenas › Section 7849.5 - Response

Current through Register Vol. 46, No. 28, July 10, 2024
The person who is the subject of an application under
						section
						7849.1
						or
						7849.2  of
						this Part may submit a written response within five days of receipt of the
						application. A person who fails to reply within five days shall be deemed to
						have consented to the application and shall comply with the
						subpoena.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7850 - Waiver › Section 7850.1 - Weekends and holidays

Current through Register Vol. 46, No. 28, July 10, 2024
Whenever a date specified in this Chapter for the doing
						of any act falls on a weekend or a public holiday, such act shall be required
						to take place on the following business day.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7850 - Waiver › Section 7850.2 - Motions for waiver

Current through Register Vol. 46, No. 28, July 10, 2024
Unless otherwise required by article 6 of the Energy Law,
						any filing deadline, method of filing, number of copies, page limitation, or
						any other requirement of this Chapter may be waived by the chair, or by the
						hearing officer if appointed by the board, for the purpose of promoting the
						fair, orderly and efficient conduct of these proceedings. A motion (which may
						be in the form of a letter) under this section shall be made to the secretary
						in a timely manner and shall clearly state the requirement sought to be waived
						and the reasons therefor. In addition, a motion to waive any requirement of
						Subchapter C of this Chapter shall be made no less than 15 days prior to the
						time submission would otherwise be required.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7851 - State Energy Plan › Section 7851.1 - State Energy Plan

Current through Register Vol. 46, No. 28, July 10, 2024
The board shall adopt a State Energy Plan, based on the
						record before it, which addresses each item identified in section 6-104 (2)  of the Energy
						Law. The board shall publish the plan on the State Energy Plan website and
						notify the board's service list when the plan is published.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7852 - Amendments › Section 7852.1 - Amendment

Current through Register Vol. 46, No. 28, July 10, 2024
Upon its own initiative or upon the written application
						of any interested person, the board may amend the State Energy Plan. An
						application for an amendment shall state specifically the ground or grounds for
						the requested amendment, shall identify the material and substantial change in
						fact or circumstance since the most recent plan was adopted which necessitates
						the amendment, and may be filed any time before the commencement of the next
						energy planning proceeding.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7852 - Amendments › Section 7852.2 - Service and filing of application and response

Current through Register Vol. 46, No. 28, July 10, 2024
The application for amendment shall be filed with the
						board. If the application is filed by a person who was on the service list in
						the most recent energy planning proceeding, a copy of the application shall be
						served on all others on the service list in that proceeding. If the application
						is filed by any other person, the board shall serve a copy of the application
						on all persons on the service list in the most recent energy planning
						proceeding. Any person so served may file a response with the board within 15
						days of receipt of the application.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter B - Procedures › Part 7852 - Amendments › Section 7852.3 - Board action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 the board determines that an amendment is warranted, the board shall post on
					 the State Energy Plan website and publish in the State Register notice of any
					 draft amendments and reasons therefore, and shall solicit public comment
					 thereon. In addition, the board shall establish such further procedures, which
					 may include the filing of data by major energy suppliers and/or the bulk system
					 operator, as it shall deem advisable for the consideration of the requested
					 amendment. Prior to adopting any proposed amendment to the plan, the board
					 shall hold public comment hearings and may hold evidentiary hearings upon the
					 application of an interested party, provided that in its application, such
					 party indicates the material and substantial change in fact or circumstance
					 that such party believes necessitates an amendment to the plan. The rules and
					 procedures set forth in section
					 7848.4  of
					 this Title shall govern any evidentiary hearing held by the board. The board
					 shall adopt an amendment to the plan only upon a finding by the board that
					 there has been a material and substantial change in fact or circumstance that:
(1) has occurred since the adoption of the
					 existing plan; and
(2) requires an
					 amendment to the plan.
Any determination by the board that no amendment is
						necessary, together with the reasons supporting such determination, shall be
						final.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter III - State Energy Planning Proceeding › Subchapter C - Plans Of Major Energy Suppliers › Part 7856 - General Provisions › Section 7856.1 - Introduction

Current through Register Vol. 46, No. 28, July 10, 2024
This Subchapter sets forth information filing
						requirements applicable to major energy suppliers, as determined by the board.
						Separate filing requirements are established in Parts 7857 through 7863 of this
						Title for electricity; natural gas; petroleum; coal; steam; biogas, biofuels,
						and biomass; and end-use energy efficiency, renewable and emerging technology
						industries. The board may require a single, comprehensive submission from
						industry groups, trade associations, or combinations of such groups and
						associations in place of submissions by individual member
						companies.