2023 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.