NY Pub Auth L § 1891 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9-A - Green Jobs-Green New York Program 1891 - Definitions.

§  1891.  Definitions.  As  used  in this section, the following terms shall have the following meanings:   1. "Applicant" means a person who owns, leases or manages a  structure and  who  has  the  authority to contract for the provision of qualified energy efficiency services to such structure.   2. "Authority" shall have the same meaning as in  subdivision  two  of section eighteen hundred fifty-one of this article.   3.    "Constituency-based    organization"   means   an   organization incorporated for the purpose of providing services or  other  assistance to  economically  or  socially  disadvantaged persons within a specified community, and which is supported by, or whose actions are directed  by, members of the community in which it operates.   4.  "Distribution  utility"  means  any  gas  or  electric corporation providing gas or electricity to end  use  consumers  that  is  a  public utility company, including a municipality, or a public utility authority organized pursuant to article five of this chapter.   5. "Eligible project" means qualified energy efficiency services for a non-residential  structure,  a  residential  structure or a multi-family structure. An eligible project shall  not  be  considered  (a)  a  major capital  improvement  pursuant  to  subparagraph (g) of paragraph one of subdivision g of section 26-405 of the administrative code of  the  city of  New  York,  subparagraph  (k)  of  paragraph one of subdivision g of section 26-405 of the administrative code  of  the  city  of  New  York, paragraph  six  of subdivision c of section 26-511 of the administrative code of the city of New  York,  paragraph  three  of  subdivision  d  of section  six  of section four of chapter five hundred seventy-six of the laws of nineteen  hundred  seventy-four,  and  the  second  undesignated paragraph  of  paragraph  (a)  of  subdivision  four  of section four of chapter two  hundred  seventy-four  of  the  laws  of  nineteen  hundred forty-six;  or  (b)  an  individual  apartment  improvement  pursuant to subparagraph (e) of paragraph one of subdivision g of section 26-405  of the  administrative  code of the city of New York, paragraph thirteen of subdivision c of section 26-511 of the administrative code of  the  city of  New  York,  paragraph one of subdivision d of section six of section four of chapter five hundred seventy-six of the laws of nineteen hundred seventy-four, and clause five of the second  undesignated  paragraph  of paragraph (a) of subdivision four of section four of chapter two hundred seventy-four of the laws of nineteen hundred forty-six.   6.  "Energy  audit"  means  a formal evaluation of a building's energy consumption for the purpose of identifying  methods  to  improve  energy efficiency  and  conserve energy, including associated health and safety issues, conducted pursuant to standards established by the authority.   7. "Green jobs-green New York revolving loan fund" or "revolving  loan fund" means the green jobs-green New York revolving loan fund created by subdivision one of section eighteen hundred ninety-six of this title.   8.  "Multi-family  structure"  means a multi-unit residential building with five or more dwelling units.   9. "Non-residential structure"  means  a  building  that  is  used  or occupied by a small business or a not-for-profit corporation.   10.  "Not-for-profit  corporation"  means  a  corporation  defined  in subdivision five of paragraph (a) of section  one  hundred  two  of  the not-for-profit corporation law.   11.  "Program" means the green jobs-green New York energy conservation and community sustainability program created by this title.   12. "Qualified energy efficiency services" means a modification  to  a structure,  based  on  recommendations  contained  in  an  energy  audit performed under the  program  created  under  section  eighteen  hundred ninety-two  of  this  title  or  as otherwise approved by the authority,  which is consistent with standards established by  the  authority,  that will  increase  the  energy  efficiency  and conservation of an existing structure, including but not limited to:  (a)  application  of  weatherstripping,  caulking,  sealant  and other materials around doors, windows, and other areas of a building  for  the purpose  of  insulating or sealing openings in the building envelope and within the building to mitigate energy loss;  (b) testing, repairing and replacing heating  or  cooling  systems  or components of such systems;  (c) thermostat upgrades;  (d) water heater repair and replacement;  (e)  roof,  chimney,  fireplace  and roof vent repair, insofar as such repairs are determined by an energy audit to be  necessary  to  mitigate energy loss or resolve energy-system related health and safety issues;  (f)  repair  and  replacement  of storm windows, permanent windows and exterior doors;  (g) repair or replacement of major household appliances;  (h) installation of thermal solar heat or hot water systems;  (i) addition of insulation to exterior walls or ceilings;  (j) replacement of inefficient light bulbs and lighting  fixtures  and systems;  (k) minor repairs that are necessary to ensure maximum efficiency from the provision of qualified energy efficiency services;  (l) installation of carbon monoxide detectors and indoor environmental testing  and mitigation deemed necessary as a result of the provision of other qualified energy efficiency services;  (m) fuel switching to convert an  electrically-heated  building  to  a more   efficient   heating   source  provided  that  significant  energy cost-savings can be demonstrated pursuant to  standards  established  by the authority;  (n)  installation  of  energy  technologies  eligible  for  net energy metering pursuant to section sixty-six-j or sixty-six-l  of  the  public service law; and  (o) purchase and installation of geothermal energy systems.   13. "Residential structure" means a residential building that has four or fewer dwelling units.   14.  "Small  business"  shall  have the same meaning as in section one hundred thirty-one of the economic development law.   15.  "Structure"  means  (a)  a  non-residential  structure,   (b)   a residential structure, and (c) a multi-family structure.