2023 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-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.