N.Y. Public Service Law § 135-b: Definitions

§ 135-b. Definitions. As used in this article, the following terms

shall have the following meanings:

1. "Commission" means the public service commission of the state of

New York.

2. "Utility" means an investor-owned gas or electrical corporation

regulated by the commission whose gross revenues for the preceding

calendar year exceeded three hundred fifty million dollars.

3. "Eligible customer" means any person who:

(a) holds legal title to a one, two, three, or four family home

constructed prior to January first, nineteen hundred eighty which

receives electric or gas service from a utility other than a person who

is the original contractor or builder of any such home unless he lives

in such home, or

(b) is in rightful possession under a lawful lease of a one, two,

three, or four family home constructed prior to January first, nineteen

hundred eighty who (i) receives at such home and pays for electric or

gas services, from a utility, (ii) has the written permission of the

holder of legal title to such home to enter into a financing contract

and security agreement pursuant to this article, and has the consent of

such holder for the financing utility to obtain a security interest in

and lien upon the premises, (iii) if the financing utility so requests,

provides security of a type and in an amount approved by the commission,

and (iv) does not present an undue credit risk as determined in

accordance with rules and regulations promulgated for this purpose by

the commission.

4. "Energy conservation measures" means:

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

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

(i) replacement burners designed to reduce the firing rate or to

achieve a reduction in the amount of fuel consumed as a result of

increased combustion efficiency;

(ii) devices for modifying flue openings which will increase the

efficiency of the heating system, and

(iii) electrical or mechanical furnace ignition systems which replace

standing gas pilot lights;

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

and system derating;

(d) furnace and boiler replacements regardless of the fuel used,

provided that such replacement furnaces or boilers shall meet minimum

efficiency standards established by the commission;

(e) heat pumps provided that such heat pumps shall meet such minimum

efficiency standards for heating and cooling purposes established by the

commission in the absence of any provision establishing such standards

in the energy law;

(f) clock thermostats;

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

insulation;

(h) hot water heater insulation;

(i) storm and thermal windows and doors;

(j) solar and wind systems; and

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

associated wiring; and

(l) such other measures that the commission shall specify.

5. "Home conservation plan" means the general program administered and

established by each utility pursuant to this article, which sets forth

the framework for individual home energy conservation programs for

eligible customers.

6. "Solar or wind energy system" shall have the same meaning as in

section four hundred eighty-seven of the real property tax law.

7. "Landlord" means any person (i) who is the owner or managing agent

of a multifamily dwelling with five or more residential units or (ii)

who is authorized to act for either the board of directors of a

cooperative apartment building or board of managers of a multifamily

dwelling which is owned as a condominium under article nine-B of the

real property law, who receives at such building or dwelling and pays

for electric or gas service.