NY Gen City L § 25-BB (2021)
2021 New York Laws GCT - General City Article 2-I - Rebates of Charges for Energy in Revitalization Areas in Cities Having a Population of One Million or More 25-BB - 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  twenty-three,  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.