Section 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.