2006 New York Code - Special Rebates.

 
    § 25-bb. Special  rebates.    (a)  Amount  of special rebates. Special
  rebates shall be made to eligible redistributors of energy or  qualified
  eligible  redistributors  of  energy,  and  discounts shall be made to a
  public utility service,  pursuant  to  paragraph  one  or  two  of  this
  subdivision, whichever is applicable:
    (1)  A  private  utility  shall  make  a special rebate to an eligible
  redistributor of energy equal to the following percentages  of  eligible
  charges:
  Months During                 Applicable % of Eligible
  Benefit Period                Charges or Eligible Public
  Defined in                    Utility Service Charges
  Subdivision (e)
 
  first through ninety-              45%
  sixth
 
  ninety-seventh
  through one hundred                36%
  eighth
 
  one hundred ninth
  through one hundred
  twentieth                          27%
 
  one hundred twenty-
  first through one
  hundred thirty-second              18%
 
  one hundred thirty-
  third through one
  hundred forty-fourth               9%
 
  ;  provided, however, that a private utility shall make a special rebate
  to an eligible redistributor of energy that owns or leases  an  eligible
  building that, in accordance with procedures set forth in local law, was
  designated  as  a  landmark  before  the  issuance  of  a certificate of
  eligibility pursuant to subdivision (f) of this section,  equal  to  the
  following percentages of eligible charges:
 
  Months During                 Applicable % of Eligible
  Benefit Period                Charges or Eligible Public
  Defined in                    Utility Service Charges
  Subdivision (e)
 
  first through one
  hundred eighth                     45%
 
  one hundred ninth
  through one hundred
  twentieth                          36%
 
  one hundred twenty-
  first through one
  hundred thirty-second              27%
 
  one hundred thirty-
  third through one
  hundred forty-fourth               18%
  one hundred forty-
  fifth through one
  hundred fifty-sixth                9%
 
  ;  or  provided,  however, that the department of business services of a
  city having a population of  one  million  or  more  may  increase  such
  percentages at its discretion in order to maintain the special rebate at
  levels  comparable  to  those  historically  provided under the program,
  pursuant to rules that are generally applicable to distinct  classes  of
  energy users.
    (2) Where, pursuant to a written agreement between such public utility
  service  and  the  power authority of the state of New York, such public
  utility  service  sells  energy  services  to   a   qualified   eligible
  redistributor  of  energy  that  has  been individually approved by such
  power authority and  certified  pursuant  to  subdivision  (f)  of  this
  section   before  November  first,  two  thousand,  or  to  an  eligible
  redistributor of energy that has  been  individually  approved  by  such
  power  authority  and  certified  pursuant  to  subdivision  (f) of this
  section after  October  thirty-first,  two  thousand,  and  such  energy
  services  have  been provided by a private utility, such private utility
  shall make a discount to such public utility  service  and  such  public
  utility  service  shall make a special rebate to such qualified eligible
  redistributor of energy or such eligible redistributor of energy,  which
  discount  and special rebate shall be the product of the eligible public
  utility service charges to  such  qualified  eligible  redistributor  of
  energy  and  the  applicable  percentage for a special rebate for energy
  services in the applicable schedule contained in paragraph one  of  this
  subdivision.
    (b) Implementation by private utility and public utility service. Each
  private  utility  or  public  utility service that is required to make a
  special rebate to an  eligible  redistributor  of  energy  or  qualified
  eligible  redistributor  of  energy  by  subdivision (a) of this section
  shall reduce each energy services bill for  such  redistributor  by  the
  full amount of the special rebate or rebates that shall have accrued for
  the  period  covered  by each such bill. Such utility or utility service
  shall cease to make such reductions in such energy services  bills  upon
  receipt  of  notification from the department of small business services
  of a  city  having  a  population  of  one  million  or  more  that  the
  certification  issued  pursuant  to  subdivision (f) of this section has
  been suspended or terminated, and such utility or utility service  shall
  change the amount of such reduction in accordance with such notification
  from   such   department.   Notwithstanding   the   provisions  of  this
  subdivision, a private utility or public utility service  shall  not  be
  required  to  provide  a  special  rebate  in an amount that exceeds the
  amount of such energy services bill.
    (c) Implementation by  redistributor.  An  eligible  redistributor  of
  energy  or  a qualified eligible redistributor of energy shall implement
  the following:
    (1) An eligible  redistributor  of  energy  or  a  qualified  eligible
  redistributor  of energy shall reduce the energy services bills rendered
  by such redistributor  to  eligible  revitalization  area  energy  users
  occupying,  operating  or  managing  premises  in  eligible buildings or
  targeted eligible buildings owned or leased by such redistributor by  an
  amount  equal,  in  the  aggregate,  to  one  hundred per centum of each
  special rebate received by such redistributor.
    (2) Each  eligible  redistributor  of  energy  or  qualified  eligible
  redistributor  of  energy  shall  allocate  the  reductions  required by
  paragraph one of this subdivision in accordance with each such  eligible
  revitalization area energy user's use of energy services as follows: (i)
  if  the  premises  of  such  user  are  submetered,  such  use  shall be
  determined by such submeter; (ii) if the premises of such user  are  not
  submetered,  such use shall be determined by rules of such department of
  small business services; and  (iii)  if  an  eligible  redistributor  of
  energy  or qualified eligible redistributor of energy charges amounts to
  eligible revitalization area energy users that  vary  annually  or  more
  frequently  with  the  costs  incurred  by  such  redistributor  for the
  operation of common areas, systems  or  facilities,  such  redistributor
  shall  reduce  such  charges  by  the  portion  of  the  special rebates
  attributable thereto.
    (3) Each  eligible  redistributor  of  energy  or  qualified  eligible
  redistributor  of  energy shall individually and accurately submeter the
  energy services sold or otherwise redistributed by such redistributor to
  each such eligible revitalization area energy user or other occupant  of
  eligible  buildings  or  targeted  eligible buildings owned or leased by
  such redistributor so as to enable a determination of each  such  user's
  or  occupant's  usage of energy services, provided such user or occupant
  occupies, operates or manages premises that equal or exceed  the  lesser
  of  ten thousand contiguous square feet in area or the entire floor of a
  building.
    (4) Each  eligible  redistributor  of  energy  or  qualified  eligible
  redistributor   of   energy   shall  limit  charges  to  those  eligible
  revitalization area energy users that are submetered in accordance  with
  this  section  to a price for the purchase of energy services that shall
  be no higher than the price paid by such redistributor, provided that an
  additional fee, not exceeding twelve per centum of such  price,  may  be
  charged  by such redistributor for energy services sold to such eligible
  revitalization area energy users.
    (5) Each  eligible  redistributor  of  energy  or  qualified  eligible
  redistributor  of  energy  shall separately state in all energy services
  bills rendered by such redistributor to an eligible revitalization  area
  energy  user for sales of energy services the amount of the reduction in
  charges for energy services representing the share of the special rebate
  allocated to such user, or that no reduction has  been  made.  All  such
  bills  for energy services shall state substantially the following: "You
  may be entitled to share a rebate that your landlord  has  received  for
  charges  for  energy  pursuant  to the revitalization area energy rebate
  program. The amount is separately stated and identified in this bill."
    (6) Each  eligible  redistributor  of  energy  or  qualified  eligible
  redistributor of energy shall keep records verifying compliance with the
  provisions  of  this  article  and  ensure that such department of small
  business services and other appropriate  city  agency  or  agencies,  as
  determined by rule of such department, have access to such records.
    (7)  Each  eligible  redistributor  of  energy  or  qualified eligible
  redistributor of energy shall provide access to eligible  buildings  and
  targeted  eligible  buildings  by  such  department  of  small  business
  services and other appropriate city agency or agencies, as determined by
  rule of such department, for the purpose of inspecting meters and  other
  equipment  and  verifying  the accuracy of any application or supplement
  thereto filed with such agency pursuant to this article.
    (d) Additional obligations of  qualified  eligible  redistributors  of
  energy. A qualified eligible redistributor of energy shall (i) submit to
  such department of small business services on an annual basis proof that
  the  heating  and  cooling systems within the targeted eligible building
  continue to meet the performance standards specified in  former  section
  7813.21  of  the  New  York  state energy conservation construction code
  promulgated pursuant  to  article  eleven  of  the  energy  law,  or  if
  applicable,  a  municipal  code  authorized pursuant to such article, or
  such predecessor section to which such  building,  when  constructed  or
  substantially  renovated,  was  subject, and (ii) to the extent that the
  cost  of  motors  or  lighting  equipment  described  in former sections
  7813.52 and 7813.53 of the  energy  conservation  construction  code  is
  included  as  part  of  the  expenditures required in subdivision (q) of
  section twenty-five-aa of this article, the qualified  redistributor  of
  energy  shall  certify to such agency that all such compatible equipment
  with a simple payback period of five years or less has been installed.
    (e) Benefit period. An eligible redistributor of energy or a qualified
  eligible redistributor of energy shall be eligible for  special  rebates
  for  a benefit period which begins on the first day of the first billing
  cycle which commences after the  certification  is  issued  pursuant  to
  subdivision (f) of this section; such period, unless sooner ended due to
  a  termination  of  such certification, shall end one hundred forty-four
  months after the beginning of such period, provided,  however,  that  if
  such  redistributor  owns  or  leases  an  eligible  building  that,  in
  accordance with procedures set forth in local law, was designated  as  a
  landmark  before  the  issuance  of such certification, then such period
  shall end one hundred fifty-six  months  after  the  beginning  of  such
  period.
    (f) Application and certification. An owner or lessee of a building or
  structure  located  in  an  eligible revitalization area, or an agent of
  such owner or lessee, may apply to such  department  of  small  business
  services  for  certification  that  such  building  or  structure  is an
  eligible building or targeted eligible building meeting the criteria  of
  subdivision  (a)  or  (q)  of  section  twenty-five-aa  of this article.
  Application for such certification must be filed after the thirtieth day
  of June, nineteen hundred ninety-five and before a  building  permit  is
  issued  for the construction or renovation required by such subdivisions
  and before the first day of July, two thousand seven, provided  that  no
  certification  for  a  targeted  eligible building shall be issued after
  October thirty-first, two  thousand.  Such  application  shall  identify
  expenditures  to  be  made  that  will  affect  eligibility  under  such
  subdivision (a)  or  (q).  Upon  completion  of  such  expenditures,  an
  applicant  shall  supplement such application to provide information (i)
  establishing that the criteria of such subdivision (a) or (q) have  been
  met;  (ii)  establishing  a  basis for determining the amount of special
  rebates, including a basis for an allocation of the special rebate among
  eligible  revitalization  area  energy  users  purchasing  or  otherwise
  receiving  energy services from an eligible redistributor of energy or a
  qualified eligible redistributor of  energy;  and  (iii)  supporting  an
  allocation  of  charges for energy services between eligible charges and
  other charges. Such department shall certify a building or structure  as
  an  eligible  building  or  targeted eligible building after receipt and
  review  of  such  information  and  upon  a  determination   that   such
  information  establishes  that the building or structure qualifies as an
  eligible building or targeted eligible building. Such  department  shall
  mail  such  certification  or  notice  thereof  to  the  applicant  upon
  issuance.  Such  certification  shall  remain  in  effect  provided  the
  eligible  redistributor of energy or qualified eligible redistributor of
  energy reports any changes that materially  affect  the  amount  of  the
  special  rebates  to  which  it  is  entitled or the amount of reduction
  required by subdivision (c) of this section in an energy  services  bill
  of  an  eligible  revitalization area energy user and otherwise complies
  with the requirements of this article. Such department shall notify  the
  private  utility  or  public  utility service required to make a special
  rebate to such redistributor  of  the  amount  of  such  special  rebate
  established  at the time of certification and any changes in such amount
  and any suspension or termination by such  department  of  certification
  under  this  subdivision. Such department may require some or all of the
  information  required  as  part  of  an  application  or other report be
  provided by a licensed engineer.
    (g) Rules. Such department of business services may  promulgate  rules
  to  carry out the purposes of this article, including but not limited to
  rules that:
    (i) prescribe methods for determining the amount  of  special  rebates
  and  the  allocations  of  reductions  in  energy  services  bills among
  eligible revitalization area energy users as required by  this  article,
  including  allocations  of  charges  between  eligible charges, eligible
  public utility service  charges  and  other  charges  and  formulas  and
  methods  for  such  allocations  where  usage  of  energy services for a
  particular purpose or a particular occupant is not metered or submetered
  or cannot be precisely ascertained for any other reason;
    (ii) require that eligible revitalization area energy users and  other
  users  that  are  not eligible revitalization area energy users purchase
  energy services directly  from  a  private  utility  or  public  utility
  service  if  the  direct  purchase  from such a utility or service would
  facilitate the determination of the amount of special  rebates  and  the
  allocations  of  reductions  in  energy  services  bills  among eligible
  revitalization area energy users;
    (iii) require eligible redistributors of energy and qualified eligible
  redistributors of energy to include statements in new leases,  contracts
  and  other agreements with eligible revitalization area energy users and
  other occupants, and to disclose to such users and other  occupants  the
  terms  and  conditions for the sale of energy services to such users and
  other occupants and the availability of reductions  in  energy  services
  bills   pursuant   to   this   article,  and  rules  that  require  such
  redistributors to make written assurances or  undertakings  to  eligible
  revitalization  area  energy users that appropriate reductions in energy
  services bills will be made pursuant to this  article,  and  rules  that
  prescribe  forms  for  such  statements,  disclosures,  assurances,  and
  undertakings;
    (iv) require any eligible redistributor of energy, qualified  eligible
  redistributor  of  energy,  eligible  revitalization  area  energy user,
  private utility or other person selling energy services within such city
  to keep records of all transactions subject to this article and to  make
  such records available to appropriate city agencies;
    (v) require that statements in connection with the application and any
  amendments thereof be made under oath;
    (vi)  prescribe  requirements  for  reports to be made annually and at
  other times to such department by an eligible redistributor of energy or
  a qualified eligible redistributor of energy during the duration of  the
  benefit period defined in subdivision (e) of this section; and
    (vii) provide for such administrative charges or fees as are necessary
  to  defray  expenses  in  administering  the  special  rebates  provided
  pursuant to this article, including, but not limited to the  cost  of  a
  survey  conducted  on  behalf of such department to determine exclusions
  from eligible charges and eligible public  utility  service  charges  or
  allocations  between eligible revitalization area energy users and other
  persons.
    (h) Enforcement. Such department of  business  services  may  deny  an
  application  for  a certificate of eligibility or suspend or terminate a
  certificate of eligibility issued pursuant this article whenever: (i) an
  eligible redistributor of energy or a qualified  eligible  redistributor
  of  energy  fails to comply with the requirements of this article or the
  rules  promulgated  hereunder;  or  (ii)  an  application,  certificate,
  amendment,  supplement,  annual report or other document submitted by an
  applicant pursuant to this article or such rules  contains  a  false  or
  misleading  statement  as  to  a  material  fact  or  omits to state any
  material fact necessary in order to  make  the  statements  therein  not
  false  or  misleading;  or (iii) any real property tax or water or sewer
  charge due and payable with respect to an eligible building or  targeted
  eligible  building  shall  remain unpaid for at least one year following
  the date upon which such tax or charge became due  and  payable,  unless
  within  thirty  days from the mailing of a notice of termination by such
  department satisfactory proof is presented to such department  that  any
  and all delinquent taxes and charges owing with respect to such building
  as  of  the  date of such notice have been paid in full or are currently
  being paid in timely installments pursuant to a written  agreement  with
  the  appropriate  agency  of  such  city; or (iv) any payment in lieu of
  taxes payable with respect to such buildings shall remain unpaid for  at
  least one year following the date upon which such payment became due and
  payable. Such department shall terminate a certificate of eligibility in
  the  event  an  eligible  redistributor  of energy or qualified eligible
  redistributor of energy fails at any time within the first five years of
  the benefit period to submeter any premises  as  required  by  paragraph
  three of subdivision (c) of this section. Such city may maintain a civil
  action  or  proceeding  to  recover  an  amount  equal  to  any benefits
  improperly obtained.