New York Consolidated Laws, Public Service Law - PBS § 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 establish criteria for each energy conservation measure after consultation with the New York State Energy Office and the New York State Building Code Council and after requesting written comment from interested parties.

2. The commission may upon its own motion or upon request of an eligible customer grant an exception to such a customer from any such criteria upon a showing that compliance is not technically feasible or would result in severe economic hardship.