NY Pub Auth L § 1872 (2021)
2021 New York Laws PBA - Public Authorities Article 8 - Miscellaneous Authorities Title 9 - New York State Energy Research and Development Authority 1872 - Green Residential Building Program.

§ 1872. Green residential building program. 1. Definitions. As used in this section, the following terms shall have the following meanings:  (a)   "Green   residential   building   standards"   means  standards, guidelines, a rating system, and/or  criteria  relating  to  design  and building techniques established or promulgated by the authority pursuant to  this  section,  which  are intended to: (i) promote smart growth and smart site planning; (ii) reduce greenhouse gas emissions; (iii) achieve energy efficiency and reduce energy  consumption;  (iv)  facilitate  the incorporation  of  environmentally responsible products; (v) promote the efficient use of natural resources; (vi)  promote  the  conservation  of materials and resources; (vii) reduce waste; and (viii) create a healthy indoor living environment.  (b) "Owner" means a person who owns a residential building on the date that:  (i)  a certificate of occupancy is issued to such building in the case of a new residential building; or (ii) substantial  renovations  to an existing residential building are completed pursuant to standards and criteria established by the authority.  (c)  "Qualified occupied square footage" means the habitable spaces of a residential building pursuant to standards and criteria established by the authority, and shall not include storage  areas,  mechanical  rooms, utility rooms, and attic and crawl spaces.  (d)  "Residential building" means a single family home or multi-family home with less than twelve dwelling  units  pursuant  to  standards  and criteria established by the authority.  (e)   "Substantial   renovations"  mean  significant  improvements  or restorations to, or substantial  replacement  or  repair  of  materials, systems  or  components of, a residential building pursuant to standards and criteria established by the authority.   2. Application of program.  The  authority  is  hereby  authorized  to establish and administer a green residential building program to provide incentives  for  the  construction of new residential buildings, and the substantial renovation of residential buildings, pursuant  to  standards and criteria established by the authority.   3.  Incentive  payments. (a) As part of the green residential building program created pursuant to this section, the authority is authorized to provide for and award incentive payments to:  (i) qualified owners of new residential buildings that  the  authority determines   have   been   constructed   pursuant  to  applicable  green residential building standards, and that satisfy other program standards and criteria as established by the authority, and who  have  received  a certificate  of  occupancy for such building on and after January first, two  thousand  ten,  and  before  October  thirty-first,  two   thousand thirteen; and  (ii)  qualified  owners  of  existing  residential  buildings that the authority determines have undergone substantial renovations pursuant  to applicable  green residential building standards, and that satisfy other applicable  program  standards  and  criteria  as  established  by   the authority,  where  the renovations to such building are completed on and after January first, two thousand ten, and before October  thirty-first, two thousand thirteen.   In  determining  the  amount of an incentive payment, the authority is authorized to consider whether the person who is eligible to receive the incentive payment has received, will be  receiving  or  is  eligible  to receive financial assistance or incentives from any other source for the construction  or  renovations  that  are  the  subject  of  an incentive payment.  (b) No incentive payment  made  pursuant  to  this  subdivision  shall exceed:  (i)  with respect to a residential building with two or fewer dwelling units, an amount equal  to  the  product  of  the  amount  of  qualified occupied  square  footage,  not  to exceed two thousand square feet, and three dollars and seventy-five cents;  (ii)  with  respect  to  a  residential building with greater than two dwelling units but fewer than six dwelling units, an amount equal to the product of the amount of  qualified  occupied  square  footage,  not  to exceed  three  thousand  square feet, and three dollars and seventy-five cents;  (iii) with respect  to  a  residential  building  with  at  least  six dwelling  units,  an  amount  equal  to  the  product  of  the amount of qualified occupied square footage, not to exceed  four  thousand  square feet, and three dollars and seventy-five cents; and  (c)  In addition to the limitations on incentive payments set forth in paragraph (b) of this subdivision, no qualified owner shall receive more than one hundred twenty thousand dollars in qualified incentive payments during any calendar year.   4.  Regulations.  (a)  The  authority  shall  promulgate   rules   and regulations  to  establish  green  residential building standards and/or criteria as part of  any  green  residential  building  program  created pursuant  to  this section. In establishing such standards and criteria, the authority may consult standards and criteria established or  adopted by  other organizations, including but not limited to, the United States green building council under its leadership in energy and  environmental design programs and the American National Standards Institute.  (b)  The  authority  shall  promulgate  rules  and regulations for the administration of any green residential building established pursuant to this  section,  including  but  not  limited  to  eligibility  criteria, application  procedures, award determinations, dollar-per-square footage award levels, training and qualification  procedures  for  builders  and technicians,  and  inspection  procedures,  documentation and compliance requirements for the program.  (c) The authority is authorized to: (i) consult with the department of environmental conservation, the department of  state,  the  division  of housing  and  community renewal and any other agency or public authority which the authority  deems  appropriate  in  the  development  of  green residential  building  standards  and  any  other standards and criteria developed pursuant to this subdivision; (ii)  prepare,  in  consultation with such agencies and authorities, and to make available to the public, green residential building program manuals and brochures for the purpose of  ensuring  that the standards and criteria applicable to such program are available to persons who may wish to participate in the program,  to facilitate  the  construction  of  green buildings and the renovation of existing residential buildings using green construction principles;  and (iii)  coordinate  the  administration of any green residential building program created pursuant to this section with other  programs  that  are administered by the authority.   5.  Reporting.  No later than September first, two thousand eleven and September first of each year thereafter, the president shall prepare and furnish a written report to the governor, the temporary president of the senate, and the speaker  of  the  assembly  concerning  the  authority's activities  under this section. Such report shall include, but shall not be limited to:  (a) the name and address of each recipient of incentive payments  made by  the authority pursuant to this section during the preceding calendar year;  (b) the amount of any incentive payment made to each such person; and  (c) a description of the project and the work  performed  that  earned the incentive payment.