Title PBS, Public Service

§ 135-d. Scope of plan. 1. Each utility shall adopt and implement a home conservation plan as approved by the commission, and shall offer participation to its customers. The availability of the plan shall be publicized by the utility to encourage customer participation. 2. The c…

§ 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…

§ 135-f. Energy audits. 1. Upon the request of either an eligible customer or a landlord, each utility shall conduct an energy audit of the customer's residential premises or the landlord's multiple dwelling and promptly provide the results of the audit to such customer or landl…

§ 135-g. Financing. 1. Where any home conservation plan is approved by\nthe commission and requires utility financing, any such plan shall\nprovide that upon entering into a financing contract and security\nagreement with an eligible customer, the utility shall reimburse such\ne…

§ 135-h. Installation. 1. A utility shall afford each participant in its home conservation plan the option of installing energy conservation measures either (a) by performing the work on a "do-it-yourself" basis, where deemed safe and feasible by the commission, under guidelines…

§ 135-i. Default. In the event that a participating customer defaults in respect to payment under a financing agreement and security contract entered into pursuant to this article, the utility shall employ reasonable efforts to collect all amounts due from the customer.

§ 135-j. Administration by public service commission; application by utilities; approval. 1. The commission shall issue such orders, rules and regulations as may be necessary or appropriate for interpretations, implementation or administration of this article. 2. Within ninety d…

§ 135-k. Reports; miscellaneous. 1. During the first three years of operation of an approved home conservation plan, each utility shall submit to the commission annually a summary report setting forth such information as the commission may deem relevant to monitor and evaluate t…

§ 135-l. Alternate financing method. Notwithstanding the provisions of sections one hundred thirty-five-d and one hundred thirty-five-g of this article, a utility may satisfy its obligation to provide financing to eligible customers by concluding financial arrangements with two …

§ 135-m. Applicability to prior installations. In the event any eligible customer installs energy conservation measures subsequent to the effective date of this act, but prior to the adoption of a home conservation plan by his gas or electric utility, and the work performed or o…

§ 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 …

§ 135-o. Recovery of costs. A utility shall be allowed to recover as normal operating expenses through rates the just and reasonable costs of carrying out its responsibilities and home conservation plan under this article, as determined by the commission after public hearing upo…

* § 136. Purpose. It is the purpose of this article to consolidate the environmental review, permitting, and siting in this state of major renewable energy facilities and major electric transmission facilities subject to this article, and to provide ORES as a single forum for th…

* § 137. Definitions. Where used in this article, the following terms shall have the following meanings: 1. "CLCPA targets" shall mean the public policies established in the climate leadership and community protection act enacted in chapter one hundred six of the laws of two tho…

* § 138. General provisions related to establishing standards related to siting major renewable energy facilities. 1. (a) ORES shall be authorized to establish and amend, subject to the approval of the commission, a set of uniform standards and conditions for the siting, design,…

* § 139. General provisions related to establishing standards related to siting major electric transmission facilities. 1. (a) Within twelve months of the effective date of this section, ORES shall, subject to the approval of the commission, in consultation with other offices wi…

§ 14. Payment of salaries and expenses. All salaries and expenses of the public service commission shall be paid monthly from the state treasury upon the audit and warrant of the comptroller out of the funds provided therefor.

* § 140. Applicability related to siting major renewable energy facilities. 1. No person shall commence the preparation of a site for, or begin the construction of, a major renewable energy facility in the state, or increase the capacity of an existing major renewable energy fac…

* § 141. Applicability related to siting major electric transmission facilities. 1. Except as provided in paragraph (b) of subdivision five of this section, no person shall commence the preparation of a site for, or begin the construction of, a major electric transmission facili…

* § 142. Application, notice, and review relating to major renewable energy facility siting. 1. Notwithstanding any law to the contrary, ORES shall, within sixty days of its receipt of an application for a siting permit with respect to a major renewable energy facility subject t…

* § 143. Application, notice, and review relating to major electric transmission facility siting. 1. Notwithstanding any law to the contrary, ORES shall, within one hundred twenty days after its receipt of an application for a siting permit with respect to a major electric trans…

* § 144. Powers of municipalities and state agencies and authorities. 1. Applicants shall, prior to filing an application, conduct meetings with the respective chief executive officer of all municipalities in which the proposed major renewable generation facility or major electr…

* § 145. Fees; local agency account. 1. Each application for a siting permit shall be accompanied by a fee in an amount equal to the following: (a) for a major renewable energy facility, one thousand dollars for each thousand kilowatts of capacity of the proposed major renewable…

* § 146. Judicial review. 1. Any party aggrieved by the issuance or denial of a siting permit under this article may seek judicial review of such decision as provided in this section. 2. A judicial proceeding shall be brought in the third department of the appellate division of …

* § 147. Farmland protection working group. 1. There is hereby created in the executive department a farmland protection working group consisting of appropriate stakeholders, including but not limited to: (a) the commissioner of the department of agriculture and markets; (b) the…

* § 148. Reports of the office of renewable energy siting and electric transmissions. No later than one year after the effective date of this article and annually thereafter, the office of renewable energy siting and electric transmissions shall submit to the governor, the tempo…

§ 15. Certain acts prohibited. Every commissioner, and every person employed or appointed to office in the department is hereby forbidden and prohibited to solicit, suggest, request or recommend, directly or indirectly, to any corporation or person subject to the supervision of …

§ 150. Board of railroad commissioners abolished; effect thereof. The board of railroad commissioners was abolished on July first, nineteen hundred and seven. All the powers and duties of such board conferred and imposed by any statute of this state shall hereafter be exercised …

§ 151. Commission of gas and electricity abolished; effect thereof. The commission of gas and electricity was abolished on July first, nineteen hundred and seven. All the powers and duties of such commission conferred and imposed by any statute of this state shall hereafter be e…

§ 152. Inspector of gas meters abolished; effect thereof. The offices of inspector and deputy inspectors of gas meters were abolished on July first, nineteen hundred and seven. All the powers and duties of such inspector conferred and imposed by any statute of this state shall h…

§ 153. Construction. Wherever the terms board of railroad commissioners, or commission of gas and electricity or inspector of gas meters or board of rapid transit railroad commissioners or transit construction commissioner or public service commission or public service commissio…

§ 154. Of the laws enumerated in the schedule hereto annexed, that portion specified in the last column is hereby repealed. All other acts and parts of acts otherwise in conflict with this act are hereby repealed. SCHEDULE OF LAWS REPEALED. Laws of Chapter Section 1890..........…

§ 16. Reports of commission. 1. All proceedings of the commission and all documents and records in its possession shall be public records. 2. The commission shall conduct a hearing and take testimony relative to any pending legislation with respect to any person, corporation or …

§ 160. Definitions. Where used in this article, the following terms, unless the context otherwise requires, shall have the following meanings: 1. "Municipality" means a county, city, town or village located in this state. * 2. "Major electric generating facility" means an electr…

§ 161. General provisions relating to the board. 1. The board, exclusive of the ad hoc members, shall have the power to adopt the rules and regulations relating to the procedures to be used in certifying facilities under the provisions of this article, including the suspension o…

§ 162. Board certificate. 1. Following the promulgation of rules and regulations pursuant to paragraphs (f) and (g) of subdivision one of section one hundred sixty-four of this article, and section 19-0312 of the environmental conservation law, no person shall commence the prepa…

§ 163. Pre-application procedures. 1. Any person proposing to submit an application for a certificate shall file with the board a preliminary scoping statement containing a brief discussion, on the basis of available information, of the following items: (a) description of the pr…

§ 164. Application for a certificate. 1. An applicant for a certificate shall file with the board an application, in such form as the board may prescribe containing the following information and materials: (a) A description of the site and a description of the facility to be bui…

§ 165. Hearing schedule. 1. After the receipt of an application filed pursuant to section one hundred sixty-four of this article, the chair of the board shall, within sixty days of such receipt, determine whether the application complies with such section and upon finding that t…

§ 166. Parties to a certification proceeding. 1. The parties to the certification proceedings shall include: (a) The applicant; (b) The department of environmental conservation; (c) The department of economic development; (d) The department of health; (e) The department of agric…

§ 167. Conduct of hearing. 1. (a) The hearing shall be conducted in an expeditious manner by a presiding examiner appointed by the department. An associate hearing examiner shall be appointed by the department of environmental conservation prior to the date set for commencement …

§ 168. Board decisions. 1. The board shall make the final decision on an application under this article for a certificate or amendment thereof, upon the record made before the presiding examiner, including any briefs or exceptions to any recommended decision of such examiner or …

§ 169. Opinion to be issued with decision. In rendering a decision on an application for a certificate, the board shall issue an opinion stating its reasons for the action taken. If the board has found that any local ordinance, law, resolution, regulation or other action issued …

§ 17. Certified copies of papers filed to be evidence. Copies of all official documents and orders filed or deposited according to law in the office of the commission, certified by a commissioner or by the secretary or assistant secretary of the commission to be true copies of t…

§ 170. Rehearing and judicial review. 1. Any party aggrieved by the board's decision denying or granting a certificate may apply to the board for a rehearing within thirty days after issuance of the aggrieving decision. Any such application shall be considered and decided by the…

§ 171. Jurisdiction of courts. Except as expressly set forth in section one hundred seventy of this article and except for review by the court of appeals of a decision of the appellate division of the supreme court as provided for therein, no court of this state shall have juris…

§ 172. Powers of municipalities and state agencies. 1. Notwithstanding any other provision of law, no state agency, municipality or any agency thereof may, except as expressly authorized under this article by the board, require any approval, consent, permit, certificate or other…

§ 173. Applicability to public authorities. The power authority of the state of New York, the Green Island power authority and the Long Island power authority shall be subject to all provisions of this article for major electric generating facilities which any such authority bui…

* § 174. Major steam electric generating facilities certificates. Any certificate of environmental compatibility and public need issued to a major steam electric generating facility under the former article VIII of this chapter shall be treated for purposes of compliance and enf…

§ 18-a. Costs and expenses of the commission and department and the assessment of such costs and expenses. 1. All costs and expenses of the department and commission shall be paid pursuant to appropriation on the certification of the chairman of the department and upon the audit…