N.Y. Public Service Law § 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.