2006 New York Code - Definitions.

 
    §  25-aa.  Definitions.  As  used  in this article the following terms
  shall have the following meanings:
    (a) "Eligible building". A building or structure which is  located  in
  an eligible revitalization area and:
    (1)  is  eligible to obtain benefits under title two-D of article four
  of the real property tax law, or would be eligible to  receive  benefits
  under  such title except that such property is exempt from real property
  taxation and the requirements of paragraph (b) of subdivision  seven  of
  section  four hundred eighty-nine-dddd of the real property tax law have
  not been satisfied, provided that application for such benefits was made
  after the thirtieth day of June, nineteen hundred ninety-five and before
  the first  day  of  July,  two  thousand  seven,  that  construction  or
  renovation   of  such  building  or  structure  was  described  in  such
  application, that such building  or  structure  has  been  substantially
  improved  by  such  construction or renovation, and (i) that the minimum
  required expenditure as defined in such title has  been  made,  or  (ii)
  where  there is no applicable minimum required expenditure, the building
  was constructed within such period or periods  of  time  established  by
  title   two-D  of  article  four  of  the  real  property  tax  law  for
  construction of a new building or structure; or
    (2) has obtained approval after the thirtieth day  of  June,  nineteen
  hundred  ninety-five  and  before  the  first  day of July, two thousand
  seven, for financing by an  industrial  development  agency  established
  pursuant  to  article  eighteen-A of the general municipal law, provided
  that such financing has been used in whole or in part  to  substantially
  improve  such  building or structure by construction or renovation, that
  expenditures have been made for improvements to such  real  property  in
  excess of twenty per centum of the value at which such real property was
  assessed  for  tax  purposes for the tax year in which such improvements
  commenced, and that such expenditures have been made  within  thirty-six
  months after the earlier of (i) the issuance by such agency of bonds for
  such  financing,  or  (ii)  the  conveyance of title to such building or
  structure to such agency; or
    (3) is owned by the city of New York  or  the  New  York  state  urban
  development  corporation,  or  a subsidiary corporation thereof, a lease
  for which was approved in accordance with the applicable  provisions  of
  the  charter  of  such  city  or  by  the  board  of  directors  of such
  corporation, as the case may be, and such approval  was  obtained  after
  the  thirtieth  day of June, nineteen hundred ninety-five and before the
  first day of July, two thousand seven, provided that  expenditures  have
  been made for improvements to such real property in excess of twenty per
  centum  of  the  value  at which such real property was assessed for tax
  purposes for the tax year in which such improvements commenced, and that
  such expenditures have been made  within  thirty-six  months  after  the
  effective date of such lease; or
    (4)  is  eligible to obtain benefits under title two-E of article four
  of the real property tax law, or would be eligible to  receive  benefits
  under  such title except that such property is exempt from real property
  taxation and the requirements of paragraph (b)  of  subdivision  ten  of
  section four hundred eighty-nine-ccccc of the real property tax law have
  not been satisfied, provided that application for such benefits was made
  after the thirtieth day of June, nineteen hundred ninety-five and before
  the  first  day  of  July,  two  thousand three, that renovation of such
  building or structure was  described  in  such  application,  that  such
  building   or   structure   has  been  substantially  improved  by  such
  renovation, and that the minimum required expenditure as defined in such
  title has been made.
    (b) "Eligible charges" and "eligible public utility service  charges".
  (1)(i)  Eligible  charges  are  charges  made by a private utility to an
  eligible redistributor of energy or a qualified  eligible  redistributor
  of  energy  for energy services purchased from such private utility at a
  rate  or  rates established pursuant to an order or rule of the New York
  state  public  service  commission  or  the  federal  energy  regulatory
  commission,  other  than  charges  for  the purchase of the commodity of
  electricity, and shall include applicable rate reductions  for  economic
  development or similar purposes, and all taxes payable thereon and shall
  exclude charges in accordance with paragraph two of this subdivision.
    (ii)  Eligible  public  utility service charges are actual charges for
  energy services made by a public utility service, and shall include  all
  taxes  payable  thereon,  and  shall  exclude  those charges excluded in
  accordance with paragraph two of this  subdivision,  provided,  however,
  that  the  department of business services of a city having a population
  of one million or more  may  by  rule  adjust  eligible  public  utility
  service  charges  for  purposes  of  adjusting  the special rebate based
  thereon to an amount that would be  comparable  to  the  special  rebate
  available to a comparable customer of a private utility as determined by
  such department.
    (2) Eligible charges and eligible public utility service charges shall
  not include charges related to: (i) energy services used by persons that
  are  not eligible revitalization area energy users, and (ii) any special
  charges on bills relating to such energy  services,  including  but  not
  limited   to   collection  charges,  late  payment  charges,  or  excess
  distribution charges.  Eligible  charges  and  eligible  public  utility
  service  charges  shall  include  charges  for  energy services used for
  common areas, systems and facilities of an eligible building meeting the
  criteria of paragraph one, two or  three  of  subdivision  (a)  of  this
  section  or  a  targeted  eligible  building  meeting  the  criteria  of
  paragraph one, two or three of subdivision (q) of this  section  to  the
  extent  such  common  areas,  systems or facilities are used by eligible
  revitalization area energy users, except that  charges  attributable  to
  other  users,  if  minor  and  incidental,  may  be included in eligible
  charges and eligible public utility  service  charges  for  such  common
  areas,  systems  and  facilities.  Eligible  charges and eligible public
  utility service charges shall not include charges  for  energy  services
  used  for  common  areas, systems and facilities of an eligible building
  meeting the criteria of  paragraph  four  of  subdivision  (a)  of  this
  section  or  a  targeted  eligible  building  meeting  the  criteria  of
  paragraph four of subdivision (q) of this  section  unless  such  common
  areas,  systems  and  facilities  are  separate  from  the common areas,
  systems  and  facilities  that  serve  that  portion  of  the  mixed-use
  property, as defined in title two-E of article four of the real property
  tax  law,  used  for residential purposes and serve only that portion of
  such mixed-use property used for commercial purposes.
    (c) "Eligible redistributor of energy". A person that owns  or  leases
  an  eligible  building,  or a portion thereof, and that purchases energy
  services on a metered basis from a private  utility  or  public  utility
  service, and (i) resells or otherwise redistributes such energy services
  to  one  or  more  eligible revitalization area energy users that occupy
  such building or structure or (ii) consumes or uses such energy services
  itself and qualifies as an eligible revitalization area energy  user  as
  defined  in  subdivision  (e) of this section, provided, however, that a
  person that owns or leases any portion of an eligible  building  meeting
  the  criteria of paragraph four of subdivision (a) of this section shall
  not be an eligible redistributor of energy unless that portion  of  such
  mixed-use  property,  as  defined  in title two-E of article four of the
  real property tax law, used for commercial purposes is metered  directly
  and separately from other portions of such mixed-use property.
    (d)  "Eligible  revitalization  area".  Any  area  of  a city having a
  population of one million or more, provided that in the city of New York
  the eligible revitalization area shall be the area  in  the  borough  of
  Manhattan  bounded  by  Murray  Street  on  the  north  starting  at the
  intersection of West Street and Murray Street;  running  easterly  along
  the center line of Murray Street; connecting through City Hall Park with
  the  center  line  of  Frankfort  Street  and running easterly along the
  center lines of Frankfort and Dover Streets to the intersection of Dover
  Street and South Street; running southerly  along  the  center  line  of
  South  Street  to  Peter  Minuit  Plaza; connecting through Peter Minuit
  Plaza to the center line of State Street and running northwesterly along
  the center line of State Street to the intersection of State Street  and
  Battery  Place;  running westerly along the center line of Battery Place
  to the intersection of  Battery  Place  and  West  Street;  and  running
  northerly  along  the  center line of West Street to the intersection of
  West Street and Murray Street. Any  tax  lot  which  is  partly  located
  inside  the  eligible revitalization area shall be deemed to be entirely
  located inside such area.
    (e) "Eligible  revitalization  area  energy  user".  Any  person  that
  purchases or otherwise receives energy services for its own use and that
  occupies,  operates  or  manages  premises  in  an  eligible building or
  targeted eligible  building,  provided  such  premises  are  metered  or
  submetered  as  required  in  the last sentence of this subdivision, but
  such term shall not include  a  person  that  (i)  occupies  residential
  space;  (ii)  is  engaged  primarily  in  manufacturing activity in such
  building; (iii) is a hospital; (iv) is a hotel; or (v)  occupies  retail
  space.  An  eligible  redistributor  of  energy  or a qualified eligible
  redistributor of energy is an eligible revitalization area  energy  user
  with  respect  to  (i)  vacant  premises  within an eligible building or
  targeted eligible building, which  premises  have  been  constructed  or
  renovated   by   such   redistributor   for  occupancy  by  an  eligible
  revitalization area energy user other than such redistributor,  provided
  such  vacant premises are metered or submetered in accordance with rules
  of such department of business services; and (ii) common areas,  systems
  and  facilities  to the extent such common areas, systems and facilities
  are used by eligible revitalization area energy  users.  Notwithstanding
  the  foregoing  provisions of this subdivision, a person shall not be an
  eligible revitalization area  energy  user  if  the  premises  occupied,
  operated or managed by such person (i) exceed the lesser of ten thousand
  contiguous square feet in area or the entire floor of a building and are
  not  individually  and accurately metered or submetered to determine the
  occupant's usage of energy services, or (ii) are located in that portion
  of mixed-use property, as defined in title two-E of article four of  the
  real property tax law, used for commercial purposes, and such portion is
  not  metered  directly  and  separately  from  other  portions  of  such
  mixed-use property.
    (f) "Energy services bill". A bill rendered for energy services, which
  shall include a bill for rent or similar charges for  the  occupancy  of
  premises  where  such  rent or similar charges include the use of energy
  services.
    (g) "Hotel". A building, or a portion thereof, which is regularly used
  and kept open as such for  the  lodging  of  guests.  The  term  "hotel"
  includes,  but  is not limited to, an apartment hotel, a motel, boarding
  house or club, whether or not meals are served.
    (h) "Hospital". A hospital as defined in section twenty-eight  hundred
  one of the public health law.
    (i)  "Manufacturing  activity".  An activity involving the assembly of
  goods to create a different article or the  processing,  fabrication  or
  packaging of goods.
    (j)  "Person".  Any individual, partnership, association, corporation,
  limited liability company, agency of the state  or  federal  government,
  public   benefit  corporation  or  instrumentality  of  such  agency  or
  corporation, estate or trust, and any combination of the foregoing.
    (k) "Private utility". A utility that provides energy services  within
  any  city having a population of one million or more, that is subject to
  the general jurisdiction and supervision of the New  York  state  public
  service  commission, and that is subject to a gross receipts tax imposed
  pursuant to the authority contained in subdivision (a) of section twelve
  hundred one of the tax law.
    (l) "Public  utility  service".  A  service  established  pursuant  to
  article  fourteen-A  of  the  general  municipal  law by a city having a
  population of one million or more.
    (m) "Qualified eligible redistributor of energy". A person  that  owns
  or  leases  a targeted eligible building, or a portion thereof, and that
  purchases energy services on a  metered  basis  from  a  public  utility
  service, and (i) resells or otherwise redistributes such energy services
  to  one  or  more  eligible revitalization area energy users that occupy
  such building or structure or (ii) consumes or uses such energy services
  itself and qualifies as an eligible revitalization area energy  user  as
  defined  in  subdivision  (e) of this section, provided, however, that a
  person that owns or leases any portion of a targeted  eligible  building
  meeting  the  criteria  of  paragraph  four  of  subdivision (q) of this
  section shall not be a qualified eligible redistributor of energy unless
  that portion of such mixed-use property, as defined in  title  two-E  of
  article  four of the real property tax law, used for commercial purposes
  is metered directly and separately from other portions of such mixed-use
  property.
    (n) "Retail space". Retail  space  other  than  space  occupied  by  a
  banker,  insurance  broker,  real  estate  broker,  stockbroker, lawyer,
  doctor, accountant, or any licensed professional designated by  rule  of
  such department of business services.
    (o)  "Special rebate". The amount of a reduction in an energy services
  bill rendered by a private utility  or  public  utility  service  to  an
  eligible  redistributor  of energy or a qualified eligible redistributor
  of energy, or an agent of either, and  calculated  as  a  percentage  of
  eligible charges or eligible public utility service charges as specified
  in section twenty-five-bb of this article.
    (p)  "Simple  payback period". The number of years necessary to recoup
  the cost of an energy conservation measure through  annual  energy  cost
  savings.
    (q)  "Targeted  eligible  building".  A building or structure which is
  located in an eligible revitalization area and:
    (1) is eligible to obtain benefits under title two-D of  article  four
  of  the  real property tax law, or would be eligible to receive benefits
  under such title except that such property is exempt from real  property
  taxation  and  the requirements of paragraph (b) of subdivision seven of
  section four hundred eighty-nine-dddd of the real property tax law  have
  not been satisfied, provided that application for such benefits was made
  after the thirtieth day of June, nineteen hundred ninety-five and before
  the  first  day  of  July,  two  thousand  three,  that  construction or
  renovation  of  such  building  or  structure  was  described  in   such
  application,  that  such  building  or  structure has been substantially
  improved by such construction or renovation,  and  (i)  that  twice  the
  minimum  required expenditure as defined in such title has been made, or
  (ii)  where  there  is  no  applicable  minimum  required   expenditure,
  expenditures  have  been  made for improvements to such real property in
  excess of forty per centum of the value at which such real property  was
  assessed  for  tax  purposes for the tax year in which such improvements
  commenced and the building has been constructed within  such  period  or
  periods  of  time established by title two-D of article four of the real
  property tax law for construction of a new building or structure; or
    (2) has obtained approval after the thirtieth day  of  June,  nineteen
  hundred  ninety-five  and  before  the  first  day of July, two thousand
  three, for financing by an  industrial  development  agency  established
  pursuant  to  article  eighteen-A of the general municipal law, provided
  that such financing has been used in whole or in part  to  substantially
  improve  such  building or structure by construction or renovation, that
  expenditures have been made for improvements to such  real  property  in
  excess  of forty per centum of the value at which such real property was
  assessed for tax purposes for the tax year in  which  such  improvements
  commenced,  and  that such expenditures have been made within thirty-six
  months after the earlier of (i) the issuance by such agency of bonds for
  such financing, or (ii) the conveyance of  title  to  such  building  or
  structure to such agency; or
    (3)  is  owned  by  the  city  of New York or the New York state urban
  development corporation, or a subsidiary corporation  thereof,  a  lease
  for  which  was approved in accordance with the applicable provisions of
  the charter  of  such  city  or  by  the  board  of  directors  of  such
  corporation,  as  the  case may be, and such approval was obtained after
  the thirtieth day of June, nineteen hundred ninety-five and  before  the
  first  day  of July, two thousand three, provided that expenditures have
  been made for improvements to such real property in excess of forty  per
  centum  of  the  value  at which such real property was assessed for tax
  purposes for the tax year in which such improvements commenced, and that
  such expenditures have been made  within  thirty-six  months  after  the
  effective date of such lease; or
    (4)  is  eligible to obtain benefits under title two-E of article four
  of the real property tax law, or would be eligible to  receive  benefits
  under  such title except that such property is exempt from real property
  taxation and the requirements of paragraph (b)  of  subdivision  ten  of
  section four hundred eighty-nine-ccccc of the real property tax law have
  not been satisfied, provided that application for such benefits was made
  after the thirtieth day of June, nineteen hundred ninety-five and before
  the  first  day  of  July,  two  thousand three, that renovation of such
  building or structure was  described  in  such  application,  that  such
  building   or   structure   has  been  substantially  improved  by  such
  renovation, and that twice the minimum required expenditure  as  defined
  in such title has been made.
    (r)   "Energy   services".   The   transmission  and  distribution  of
  electricity, and such other  services  that  are  associated  with  such
  transmission and distribution, as shall be designated as energy services
  by  rule  of  the  department  of  business  services of a city having a
  population of one million or more as such department deems necessary  to
  promote  economic  development,  provided that energy services shall not
  include the commodity of electricity.