As used in this article, the following terms shall have the following meanings:
Terms Used In N.Y. Public Service Law 135-B
- Commission: means the public service commission of the state of New York. See N.Y. Public Service Law 135-B
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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. See N.Y. Public Service Law 135-B
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.