New York Consolidated Laws, Public Service Law - PBS § 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 business or organization and promptly provide the results of the audit and any information and technical assistance that is necessary to implement the audit's recommendations to the owner, small business or nonprofit organization.  No charge shall be made for such audits.  In addition, each utility shall inform its customers in writing that an energy audit is available without charge for eligible farms, small businesses and nonprofit organizations.  Such owner shall be eligible for only one energy audit for each farm or commercial building;  provided however, that a second limited audit may be provided if new conditions justify a second audit, including but not limited to, a change in the purpose for which the farm or commercial building is used.

2. A utility may contract with a qualified not-for-profit organization to promote and perform energy audits;  provided, however that a utility shall be prohibited from compensating such organization in an amount in excess of what the utility's own costs would be of performing such services.  In addition, such energy audits shall be promoted and performed, to the extent feasible, through or in coordination with other existing federal, state and local programs designated for farms, small businesses and nonprofit organizations.

3. Any criteria established by the commission for the energy audits and eligibility for audits required under this section shall be adopted after consultation with the state energy office and opportunity for comment by other interested parties.