Title PBS, Public Service

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

§ 135-e. Energy conservation criteria. 1. Participation shall be\ndenied to any eligible customer whose proposed installation of energy\nconservation measures fails to meet minimum criteria established by the\ncommission for purposes of home conservation plans. The commission\ns…

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

§ 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\nits home conservation plan the option of installing energy conservation\nmeasures either (a) by performing the work on a "do-it-yourself" basis,\nwhere deemed safe and feasible by the commission, under guideli…

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

§ 135-j. Administration by public service commission; application by\nutilities; approval. 1. The commission shall issue such orders, rules\nand regulations as may be necessary or appropriate for interpretations,\nimplementation or administration of this article.\n 2. Within nin…

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

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

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

§ 135-n. Nonresidential energy audits. 1. The commission shall be\nauthorized to require a utility, upon the request of an owner of a farm,\nsmall business or nonprofit organization, to conduct an energy audit of\na farm or a farmstead, or of a commercial building occupied by su…

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

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

* § 137. Definitions. Where used in this article, the following terms\nshall have the following meanings:\n 1. "CLCPA targets" shall mean the public policies established in the\nclimate leadership and community protection act enacted in chapter one\nhundred six of the laws of tw…

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

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

§ 14. Payment of salaries and expenses. All salaries and expenses of\nthe public service commission shall be paid monthly from the state\ntreasury upon the audit and warrant of the comptroller out of the funds\nprovided therefor.\n

* § 140. Applicability related to siting major renewable energy\nfacilities. 1. No person shall commence the preparation of a site for,\nor begin the construction of, a major renewable energy facility in the\nstate, or increase the capacity of an existing major renewable energy\…

* § 141. Applicability related to siting major electric transmission\nfacilities. 1. Except as provided in paragraph (b) of subdivision five\nof this section, no person shall commence the preparation of a site for,\nor begin the construction of, a major electric transmission fac…

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

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

* § 144. Powers of municipalities and state agencies and authorities.\n1. Applicants shall, prior to filing an application, conduct meetings\nwith the respective chief executive officer of all municipalities in\nwhich the proposed major renewable generation facility or major ele…

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

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

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

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

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

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

§ 151. Commission of gas and electricity abolished; effect thereof.\nThe commission of gas and electricity was abolished on July first,\nnineteen hundred and seven. All the powers and duties of such commission\nconferred and imposed by any statute of this state shall hereafter b…

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

§ 153. Construction. Wherever the terms board of railroad\ncommissioners, or commission of gas and electricity or inspector of gas\nmeters or board of rapid transit railroad commissioners or transit\nconstruction commissioner or public service commission or public service\ncommi…

§ 154. Of the laws enumerated in the schedule hereto annexed, that\nportion specified in the last column is hereby repealed. All other acts\nand parts of acts otherwise in conflict with this act are hereby\nrepealed.\n SCHEDULE OF LAWS REPEALED.\nLaws of Chapter Section\n1890...…

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

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

§ 161. General provisions relating to the board. 1. The board,\nexclusive of the ad hoc members, shall have the power to adopt the rules\nand regulations relating to the procedures to be used in certifying\nfacilities under the provisions of this article, including the\nsuspensi…

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

§ 163. Pre-application procedures. 1. Any person proposing to submit\nan application for a certificate shall file with the board a preliminary\nscoping statement containing a brief discussion, on the basis of\navailable information, of the following items:\n (a) description of t…

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

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

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

§ 167. Conduct of hearing. 1. (a) The hearing shall be conducted in an\nexpeditious manner by a presiding examiner appointed by the department.\nAn associate hearing examiner shall be appointed by the department of\nenvironmental conservation prior to the date set for commenceme…

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

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

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

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

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

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

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

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

§ 18-a. Costs and expenses of the commission and department and the\nassessment of such costs and expenses. 1. All costs and expenses of the\ndepartment and commission shall be paid pursuant to appropriation on the\ncertification of the chairman of the department and upon the au…