New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7910 - Energy Investment Loan Program › Section 7910.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agri-business
				  means businesses involved in food processing or farm production.
(b) Applicant means any person applying for
				  an interest subsidy under the program.
(c) Commercial and industrial business means
				  any commercial or industrial business which is formed or carried on for profit
				  for the benefit of the owner, and which employs less than 500 workers or had
				  gross annual sales of less than $10 million during the last calendar
				  year.
(d) Commissioner means the
				  commissioner of the State Energy Office.
(e) Default means a loan payment which is
				  more than 60 days past due.
(f)
				  Energy audit means a comprehensive onsite survey and analysis of a building and
				  its energy use patterns, designed to identify opportunities for saving energy
				  through implementation of operating and maintenance changes and to assess the
				  cost-effectiveness of appropriate capital improvements. An audit shall include
				  a thorough review of infiltration, insulation, and the ventilation, heating,
				  cooling, lighting, domestic hot water, and utility plant distribution
				  systems.
(g) Energy conservation
				  improvement means the purchase or installation of equipment or materials for
				  energy conservation retrofits or weatherization of a building, or the purchase
				  or installation of equipment affixed to, contained in, or on the grounds of a
				  building, which reduces energy consumption.
(h) Energy Office means the New York State
				  Energy Office.
(i) Farm production
				  means the production of crops, plants, or vines; and the keeping, grazing, or
				  feeding of livestock for the sale of livestock or products. Such establishments
				  include, but are not limited to: farms, ranches, dairies, greenhouses,
				  nurseries, orchards, hatcheries, sod farms, mushroom cellars, cranberry bogs,
				  herbariums, etc.
(j) Financing
				  institution means any bank, trust company, savings bank, savings and loan
				  association, or credit union, whether incorporated, chartered, organized, or
				  licensed under the laws of New York, any other state or the Federal government,
				  authorized to do business in New York State, which enters into an agreement
				  with the Energy Office to participate in the program. This term also includes
				  public authorities, public benefit corporations, units of local government,
				  domestic insurance companies and not-for-profit corporations, which make loans
				  for improvements for the benefit of eligible applicants.
(k) Food processors means businesses engaged
				  in the processing of vegetables, fruits or other food products.
(l) Fossil fuel means coal, petroleum
				  products and fuel gases.
(m)
				  In-house labor means labor provided by the applicant or employees of the
				  applicant.
(n) Interest subsidy
				  means a payment of loan interest by the Energy Office on behalf of an approved
				  applicant.
(o) Loan guarantee means
				  an agreement by the Energy Office to pay a financing institution the amount of
				  the loss sustained by such institution as a result of default on a program
				  loan, in accordance with section
				  7910.9  of this
				  Part.
(p) Multifamily housing means
				  residential buildings containing five or more dwelling units with each dwelling
				  unit containing kitchen and bath facilities.
(q) Person means an individual, partnership
				  or corporation.
(r) Prepayment
				  means complete payment of the principal and accrued interest prior to the
				  expiration of the loan term.
(s)
				  Prime rate means the prime rate published daily in The Wall Street
				  Journal.
(t) Program means the
				  Energy Investment Loan Program.
(u)
				  Program loan means a loan made to an approved applicant by a financing
				  institution for an energy conservation improvement project which meets the
				  requirements of this Part. Program loans may be made at either fixed or
				  variable interest rates.
(v)
				  Program rate means the interest rate established by the Energy Office, to which
				  the interest rate to be paid by an approved applicant on a program loan will be
				  subsidized.
(w) Project means one
				  or more energy conservation improvements for which application is made for an
				  interest subsidy.
(x) Renewable
				  energy resources means sources which are capable of being continuously restored
				  by natural or other means or are so large as to be useable for centuries
				  without significant depletion and include but are not limited to solar, wind,
				  plant and forest products, wastes, tidal, hydro, geothermal, deuterium and
				  hydrogen.
(y) Simple payback means
				  a figure representing the number of years necessary to recoup the cost of an
				  energy conservation improvement project through annual energy cost
				  savings.
(z) Technical feasibility
				  study means a report which identifies and analyzes in detail cost-effective
				  capital energy conservation improvements which the applicant wishes to
				  implement. The technical feasibility study need address only the specific
				  energy conservation improvements for which an interest subsidy is being
				  requested. Each energy conservation improvement analyzed in the study should be
				  the subject of a single, focused recommendation incorporating technical and
				  economic analyses of the improvement, considering building and equipment
				  characteristics and energy use patterns pertinent to the improvement. The
				  technical feasibility study must include the cost of the implementation, a
				  construction schedule, and expected energy savings.
(aa) Veteran's organization means a bona fine
				  organization of persons who have served in the armed forces of the United
				  States which is a not-for-profit corporation authorized to conduct activities
				  in the State of New York.