§ 135-b. Definitions. As used in this article, the following terms
shall have the following meanings:

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.