§ 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.

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Terms Used In N.Y. Public Service Law 135-E

  • Commission: means the public service commission of the state of New York. See N.Y. Public Service Law 135-B
  • Eligible customer: means any person who:

    (a) holds legal title to a one, two, three, or four family home constructed prior to January first, nineteen hundred eighty which receives electric or gas service from a utility other than a person who is the original contractor or builder of any such home unless he lives in such home, or

    (b) is in rightful possession under a lawful lease of a one, two, three, or four family home constructed prior to January first, nineteen hundred eighty who (i) receives at such home and pays for electric or gas services, from a utility, (ii) has the written permission of the holder of legal title to such home to enter into a financing contract and security agreement pursuant to this article, and has the consent of such holder for the financing utility to obtain a security interest in and lien upon the premises, (iii) if the financing utility so requests, provides security of a type and in an amount approved by the commission, and (iv) does not present an undue credit risk as determined in accordance with rules and regulations promulgated for this purpose by the commission. See N.Y. Public Service Law 135-B
  • Energy conservation measures: means :

    (a) caulking and weatherstripping of all exterior doors and windows;

    (b) furnace efficiency modifications including but not limited to:

    (i) replacement burners designed to reduce the firing rate or to achieve a reduction in the amount of fuel consumed as a result of increased combustion efficiency;

    (ii) devices for modifying flue openings which will increase the efficiency of the heating system, and

    (iii) electrical or mechanical furnace ignition systems which replace standing gas pilot lights;

    (c) furnace and boiler retrofits, including but not limited to burner and system derating;

    (d) furnace and boiler replacements regardless of the fuel used, provided that such replacement furnaces or boilers shall meet minimum efficiency standards established by the commission;

    (e) heat pumps provided that such heat pumps shall meet such minimum efficiency standards for heating and cooling purposes established by the commission in the absence of any provision establishing such standards in the energy law;

    (f) clock thermostats;

    (g) ceiling, attic, wall, foundation, air duct, heating pipe and floor insulation;

    (h) hot water heater insulation;

    (i) storm and thermal windows and doors;

    (j) solar and wind systems; and

    (k) load management devices and energy use meters, together with associated wiring; and

    (l) such other measures that the commission shall specify. See N.Y. Public Service Law 135-B

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.