§ 135-B — Definitions

§ 135-b. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Commission" means the public service commission of the state of\nNew York.\n 2. "Utility" means an investor-owned gas or electrical corporation\nregulated by the commission whose gross revenues for the preceding\ncalendar year exceeded three hundred fifty million dollars.\n 3. "Eligible customer" means any person who:\n (a) holds legal title to a one, two, three, or four family home\nconstructed prior to January first, nineteen hundred eighty which\nreceives electric or gas service from a utility other than a person who\nis the original contractor or builder of any such home unless he lives\nin such home, or\n (b) is in rightful possession under a lawful lease of a one, two,\nthree, or four family home constructed prior to January first, nineteen\nhundred eighty who (i) receives at such home and pays for electric or\ngas services, from a utility, (ii) has the written permission of the\nholder of legal title to such home to enter into a financing contract\nand security agreement pursuant to this article, and has the consent of\nsuch holder for the financing utility to obtain a security interest in\nand lien upon the premises, (iii) if the financing utility so requests,\nprovides security of a type and in an amount approved by the commission,\nand (iv) does not present an undue credit risk as determined in\naccordance with rules and regulations promulgated for this purpose by\nthe commission.\n 4. "Energy conservation measures" means:\n (a) caulking and weatherstripping of all exterior doors and windows;\n (b) furnace efficiency modifications including but not limited to:\n (i) replacement burners designed to reduce the firing rate or to\nachieve a reduction in the amount of fuel consumed as a result of\nincreased combustion efficiency;\n (ii) devices for modifying flue openings which will increase the\nefficiency of the heating system, and\n (iii) electrical or mechanical furnace ignition systems which replace\nstanding gas pilot lights;\n (c) furnace and boiler retrofits, including but not limited to burner\nand system derating;\n (d) furnace and boiler replacements regardless of the fuel used,\nprovided that such replacement furnaces or boilers shall meet minimum\nefficiency standards established by the commission;\n (e) heat pumps provided that such heat pumps shall meet such minimum\nefficiency standards for heating and cooling purposes established by the\ncommission in the absence of any provision establishing such standards\nin the energy law;\n (f) clock thermostats;\n (g) ceiling, attic, wall, foundation, air duct, heating pipe and floor\ninsulation;\n (h) hot water heater insulation;\n (i) storm and thermal windows and doors;\n (j) solar and wind systems; and\n (k) load management devices and energy use meters, together with\nassociated wiring; and\n (l) such other measures that the commission shall specify.\n 5. "Home conservation plan" means the general program administered and\nestablished by each utility pursuant to this article, which sets forth\nthe framework for individual home energy conservation programs for\neligible customers.\n 6. "Solar or wind energy system" shall have the same meaning as in\nsection four hundred eighty-seven of the real property tax law.\n 7. "Landlord" means any person (i) who is the owner or managing agent\nof a multifamily dwelling with five or more residential units or (ii)\nwho is authorized to act for either the board of directors of a\ncooperative apartment building or board of managers of a multifamily\ndwelling which is owned as a condominium under article nine-B of the\nreal property law, who receives at such building or dwelling and pays\nfor electric or gas service.\n