reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.2 - County energy coordinators

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 chief executive of each county outside the City of New York, and the Mayor of
					 the City of New York, may designate a county or municipal employee as a County
					 Energy Coordinator to advise and assist the State Energy Office in the
					 implementation of the State set-aside program, and shall inform the
					 commissioner of the designation in writing.
(b) A County Energy Coordinator shall advise
					 and assist the State Energy Office in the implementation of the State set-aside
					 program in accordance with this Part and with any guidelines issued by the
					 State Energy Office; and shall file reports on the receipt and evaluation of
					 applications as required by the State Energy Office.
(c) If the Commissioner of the State Energy
					 Office finds that a designated County Energy Coordinator is not advising and
					 assisting the State Energy Office in accordance with this Part and with State
					 Energy Office guidelines, or not filing reports as required, the Commission may
					 suspend or revoke the designation of such Coordinator. During a suspension or
					 revocation, the State Energy Office shall have sole authority for receipt and
					 evaluation of applications from the area formerly served by the
					 Coordinator.
(d) If the chief
					 executive of a county or the Mayor of the City of New York does not designate a
					 County Energy Coordinator, the State Energy Office shall have sole authority
					 for receipt and evaluation of applications from that county or City.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.3 - Who may apply

Current through Register Vol. 46, No. 28, July 10, 2024
Any end-user seeking an assignment of fuel from the State
						set-aside system to resolve a hardship or emergency requirement, and a
						wholesale purchaser-reseller seeking an assignment to enable him to supply such
						end-users may apply for an assignment under the State set-aside
						system.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.4 - What to file

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 application for assignment from the State set-aside system may be made by
					 filing a written application under subdivision (b) of this section, or by
					 making an oral, including telephonic, request to the State Energy Office. Any
					 person making an oral request for assignment shall file a written application
					 under subdivision (b) of this section within five days after making the oral
					 request.
(b) A written application
					 for assignment shall be made on forms to be provided by the State Energy
					 Office. An application shall include all information required on such forms,
					 and shall be signed and dated by the applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.5 - Where to file

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
					 provided in subdivision (b) of this section, an application shall be submitted
					 to the County Energy Coordinator for the county or city in which the location
					 to receive delivery is situated, as identified in the commissioner's order
					 implementing the set-aside program.
(b) Applications shall be submitted directly
					 to the State Energy Office, State Set-Aside Program, Two Rockefeller Plaza,
					 Albany, NY 12223, if:
(1) The application
					 involves any of the following:
(i) State
					 agencies including public authorities;
(ii) retail outlets located on the New York
					 State Thruway;
(iii) Federal
					 installations or offices; or
(iv)
					 utility companies or other generating facilities selling energy to a utility
					 company; or
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.6 - Evaluation

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where an
					 application is submitted to a County Energy Coordinator, the Coordinator may
					 initiate an investigation of any statement in the application, whether written
					 or oral, and consider in its evaluation any relevant facts obtained from any
					 source by such investigation. Following such investigation, the Coordinator
					 shall evaluate the application, considering all information obtained and the
					 criteria set forth in section
					 7901.7  of this Part, and
					 shall forward the application to the State Energy Office with a recommendation
					 for approval or disapproval.
(b)
					 The State Energy Office shall evaluate each application, including the County
					 Energy Coordinator's recommendation if the application was submitted through a
					 Coordinator, considering the criteria set forth in section
					 7901.7  of this Part, and
					 shall determine whether to grant or deny the application. The State Energy
					 Office may initiate an investigation of any statement in the application,
					 whether written or oral, and consider in its evaluation any relevant facts
					 obtained from any source by such investigation. In addition, the State Energy
					 Office shall, if practicable, telephone the designated representative of any
					 prime supplier named in the application, and notify the representative that the
					 application has been received and that comments regarding the application will
					 be considered if submitted within a time period set by the State Energy Office,
					 as warranted by the situation.
(c)
					 If a Coordinator or the State Energy Office determines that there is
					 insufficient information upon which to base a decision, and if the applicant
					 does not submit the necessary additional information upon request, the
					 Coordinator or the State Energy Office may dismiss the application without
					 prejudice. If the failure to supply additional information is repeated or
					 willful, the Coordinator or the State Energy Office may dismiss the application
					 with prejudice.
(d) If a
					 Coordinator or the State Energy Office determines that an applicant has
					 submitted a false or misleading statement in connection with an application,
					 the Coordinator or the State Energy Office may dismiss that application and any
					 future application filed by the same applicant with prejudice, and may take
					 further action as provided by Part 7905 of this Title.
(e) The Energy Office may establish
					 priorities with respect to applications for assistance from the State
					 Set-Aside, as appropriate.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.7 - Criteria

Current through Register Vol. 46, No. 28, July 10, 2024
In evaluating an application, a County Energy Coordinator
						or the State Energy Office shall consider the following criteria:
(a) whether the information presented in the
					 application is complete and can be verified through information obtained from a
					 prime supplier or wholesale purchaser-reseller supplying the applicant, or
					 other sources;
(b) whether
					 information presented in the application, or obtained from other sources,
					 concerning differences between the applicant's prior and current supply of and
					 demand for the fuel requested, demonstrates that the applicant has, or
					 end-users served by the applicant have, a genuine hardship or emergency
					 requirement within the State;
(c)
					 whether information presented by the application, or obtained from other
					 sources, demonstrates that issuance of the requested assignment would meet one
					 or more of the following public purposes:
(1)
					 protection of public health, safety and welfare;
(2) maintenance of public services;
(3) maintenance of agricultural
					 operations;
(4) equitable
					 distribution of State set-aside fuels among all regions and areas of the State
					 and sectors of the liquid fossil fuels industry; provided, however, that the
					 State Energy Office may require inequitable distribution to the extent
					 necessary to respond to shortages in particular areas of the State;
					 and
(5) economic
					 efficiency;
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7901 - Application And Assignment Procedures › Section 7901.8 - Decision and order

Current through Register Vol. 46, No. 28, July 10, 2024
Upon reviewing the recommendation of a County Energy
						Coordinator on an application, or evaluation of an application, and determining
						whether an application shall be granted or denied, the State Energy Office
						shall issue an assignment order granting the application or a denial order
						denying the application. An assignment order may specify that assigned fuel is
						to be used for a particular purpose.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7902 - General Distribution Procedures › Section 7902.1 - Purpose and Scope

Current through Register Vol. 46, No. 28, July 10, 2024
This part establishes procedures for the general
						distribution of fuel from the State set-aside.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7902 - General Distribution Procedures › Section 7902.2 - General distribution

Current through Register Vol. 46, No. 28, July 10, 2024
(a) At
					 any time during the month, the State Energy Office may order the general
					 distribution of part or all of a prime supplier's set-aside volume through the
					 prime supplier's normal distribution system in the State.
(b) From time to time, the State Energy
					 Office may designate certain geographical areas within the State as suffering
					 from an intra-State supply imbalance. At any time during the month, the State
					 Energy Office may order some or all of the prime suppliers to make a general
					 distribution of part or all of their set-aside volumes through their normal
					 distribution systems to all or specified classes of trade in proportion to the
					 volumes normally supplied to them.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7903 - Orders › Section 7903.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This part establishes procedures for issuance of State
						set-aside assignment orders and denial orders issued pursuant to Part 7901 of
						this subchapter, and State set-aside general distribution orders issued
						pursuant to Part 7902 of this subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7903 - Orders › Section 7903.2 - Issuance of assignment orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon determining that an application for
					 assignment should be granted pursuant to Part 7901 of this subchapter, the
					 State Energy Office shall issue an assignment order in writing, naming the
					 applicant, the prime supplier required to supply product, and any wholesale
					 purchaser-reseller required to supply the applicant on behalf of the prime
					 supplier; specifying the type and volume of fuel assigned, the location to be
					 supplied, and any particular purpose for which the assigned fuel is to be used;
					 and if necessary authorizing cross-brand sales notwithstanding the general
					 provisions of General Business Law, Section
					 391-a.
(b) The order shall include a brief statement
					 summarizing the basis upon which the order is issued. The order shall provide
					 that any person aggrieved thereby may file an appeal with the State Energy
					 Office in accordance with Part 7904 of this subchapter.
(c) The order shall state that it is
					 effective upon issuance and shall expire within 10 days of its issuance unless
					 the applicant presents his copy of the order to the prime supplier or any
					 wholesale purchaser-reseller required to supply the applicant on behalf of the
					 prime supplier within those 10 days.
(d) The State Energy Office shall serve a
					 copy of the order by mail upon the applicant, the designated State
					 representative of the prime supplier assigned to the applicant, and any
					 wholesale purchaser-reseller required to supply the applicant on behalf of the
					 prime supplier.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7903 - Orders › Section 7903.3 - Issuance of denial orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon
					 determining that an application for assignment should be denied pursuant to
					 Part 7901 of this subchapter, the State Energy Office shall issue a denial
					 order in writing naming the applicant.
(b) The order shall include a brief statement
					 summarizing the basis upon which the application is denied. The order shall
					 provide that any person aggrieved thereby may file an appeal with the State
					 Energy Office in accordance with Part 7904 of this subchapter.
(c) The State Energy Office shall serve a
					 copy of the order by mail upon the applicant.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7903 - Orders › Section 7903.4 - Issuance of general distribution orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon determining that a general
					 distribution order should be issued pursuant to Part 7902 of this subchapter,
					 the State Energy Office shall issue one or more general distribution orders.
					 Each order shall name the prime supplier required to make a general
					 distribution, and specify the type and volume of fuel to be distributed, the
					 class of trade to receive distribution, and the geographical area designated as
					 suffering from an intra-State supply imbalance, if any, within which
					 distribution is to be made. If a general distribution order does not specify
					 any class of trade or geographical area, it requires that a general
					 distribution be made to all classes and areas in the State normally supplied by
					 the prime supplier.
(b) The order
					 shall include a brief statement summarizing the basis upon which the order is
					 issued. The order shall provide that any person aggrieved thereby may file an
					 appeal with the State Energy Office in accordance with Part 7904 of this
					 subchapter.
(c) The order shall
					 state that it is effective upon issuance.
(d) The State Energy Office shall serve a
					 copy of the order by telegram, telex, or telecopier upon the designated State
					 representative of the prime supplier.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7904 - Appeals Procedures › Section 7904.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes procedures for appeals from
						assignment orders, denial orders, and general distribution orders issued
						pursuant to Parts 7901, 7902 and 7903 of this subchapter.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7904 - Appeals Procedures › Section 7904.2 - Timeliness of State action

Current through Register Vol. 46, No. 28, July 10, 2024
(a) If
					 the State Energy Office fails to take action on an application within 15
					 business days of filing (if the action is initially filed orally, it shall be
					 considered to be filed on the date that it is orally communicated to the State
					 Energy Office), the applicant may treat the application as having been denied
					 in all respects and may appeal therefrom as provided in this part.
(b) Notwithstanding paragraph (a) of this
					 section, if a County Energy Coordinator or the State Energy Office dismisses an
					 application without prejudice for insufficient information under section
					 7901.6(c) 
					 of this subchapter, or if an applicant making an oral request fails to file a
					 written application within five days as required by section
					 7901.4(a) 
					 of this subchapter, the running of the fifteen-day period shall be suspended
					 until the application is resubmitted with sufficient information or the written
					 application is filed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7904 - Appeals Procedures › Section 7904.3 - Time for appeal

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 appeal from an assignment order issued pursuant to Parts 7901 and 7903 of this
					 subchapter, or from a general distribution order issued pursuant to Parts 7902
					 and 7903 of this subchapter, must be taken within five business days of service
					 upon the appellant of the order being appealed.
(b) An appeal from a denial order issued
					 pursuant to Parts 7901 and 7903 of this subchapter must be taken within 15 days
					 of service upon the appellant of the order being appealed.
(c) An appeal shall be deemed taken when a
					 written petition is filed by personal delivery, or by postage-paid certified
					 mail, to the commissioner, State Energy Office, 2 Rockefeller Plaza, Albany,
					 New York 12223.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7904 - Appeals Procedures › Section 7904.4 - Contents of petition

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A
					 petition seeking to appeal an order shall contain:
(1) the name, address and telephone number of
					 the appellant, and the appellant's attorney or other representative if
					 any;
(2) a copy of the order being
					 appealed;
(3) proof that the
					 petition has been served upon all other parties to whom the order being
					 appealed was addressed; and
(4) a
					 clear, concise statement of the facts and law supporting the appellant's
					 position on the appeal.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7904 - Appeals Procedures › Section 7904.5 - Procedure on petition

Current through Register Vol. 46, No. 28, July 10, 2024
Following the filing of a petition, there shall be a
						period of five business days during which any interested person, other than the
						appellant, may file comments with the commissioner with proof that a copy of
						such comments was served upon the appellant. Comments shall be accompanied by a
						written statement that all factual assertions in the comments are true, and
						shall be signed and dated by the person making the assertions. Following the
						comment period, the commissioner shall make a decision in writing disposing of
						the appeal. The decision shall contain findings of fact and conclusions of law,
						and shall be served by the commissioner by registered mail upon the appellant
						and all other person to whom the order being appealed was
						addressed.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7905 - Compliance And Enforcement › Section 7905.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This part establishes requirements for compliance with
						the provisions of Part 7900 of this subchapter and implementing orders issued
						pursuant thereto, assignment orders issued pursuant to Parts 7901 and 7903 of
						this subchapter, and general distribution orders issued pursuant to Parts 7902
						and 7903 of this subchapter; penalties for violation of such requirements; and
						procedures for recovery of such penalties and enforcement of such
						requirements.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7905 - Compliance And Enforcement › Section 7905.2 - Compliance with Part 7900 and implementing orders

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of Part 7900 of this subchapter shall be
						effective immediately upon the issuance by the Commissioner of the State Energy
						Office of an implementing order pursuant to section
						7900.2(b) 
						of this Subchapter, or upon any other date specified by the commissioner in the
						implementing order. Each prime supplier which has been served with an
						implementing order shall comply with the provisions of Part 7900 of this
						subchapter, and the provisions of any implementing order or order amending an
						implementing order issued by the commissioner.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7905 - Compliance And Enforcement › Section 7905.3 - Compliance with orders

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
					 assignment order issued pursuant to Parts 7901 and 7903 of this subchapter
					 shall be effective immediately upon issuance. Prime suppliers and wholesale
					 purchase-resellers of such prime suppliers shall provide the assigned amount of
					 fuel to an applicant when presented with an assignment order. The assignment
					 order shall entitle the applicant to receive fuel from the prime supplier or
					 from the local wholesale purchaser-reseller of the prime supplier from which
					 the State set-aside assignment has been made. Wholesale purchaser- resellers
					 shall honor assignment orders upon presentation, and shall not delay deliveries
					 required by the assignment orders while confirming such deliveries with the
					 prime supplier. Any wholesale purchaser-reseller which provides fuel pursuant
					 to an assignment order shall in turn receive from its wholesale
					 purchaser-reseller or prime supplier an equivalent volume of the fuel. Normal
					 deliveries and prelifts (advanced deliveries) by wholesale purchaser-resellers
					 or prime suppliers under a contract with an applicant shall not be considered
					 to satisfy an assignment order requiring delivery to an applicant. An
					 assignment order shall require delivery notwithstanding any provision in any
					 contract between the prime supplier or wholesale purchaser-reseller and the
					 applicant which penalizes the applicant for under-lifting or over-lifting
					 contract volumes. An assignment order not presented to either the prime
					 supplier or the local wholesale purchaser-reseller of the prime supplier
					 designated in the order within 10 days of issuance shall expire after that
					 time.
(b) A general distribution
					 order issued pursuant to Parts 7902 and 7903 of this subchapter shall be
					 effective immediately upon service upon the prime supplier's designated state
					 representative.
(c) Assignment
					 orders and general distribution orders issued pursuant to Parts 7901, 7902 and
					 7903 of this subchapter shall represent a call on the prime supplier's
					 set-aside volumes for the month of issuance, irrespective of the fact that
					 delivery of the fuel subject to the orders cannot be made until the following
					 month.
(d) Wholesale
					 purchaser-resellers and prime suppliers shall not engage in any form of
					 discrimination between set-aside applicants and other purchasers of fuel which
					 has the effect of frustrating or impairing the objectives, purposes and intent
					 of this subchapter. For purposes of this subdivision, discrimination means any
					 difference between the sale, price, credit, delivery or other treatment
					 afforded set-aside applicants and such treatment afforded other similar
					 purchasers of fuel.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7905 - Compliance And Enforcement › Section 7905.4 - Reports on compliance

Current through Register Vol. 46, No. 28, July 10, 2024
The Commissioner of the State Energy Office may, by
						written order served by mail, require any prime supplier or wholesale
						purchaser-reseller to report concerning compliance with the provisions of this
						subchapter and with any order issued pursuant thereto.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7905 - Compliance And Enforcement › Section 7905.5 - Penalties

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any person who
					 violates any provision of these regulations, or of any order issued pursuant
					 thereto, shall be liable to the people of the State for a civil penalty in an
					 amount of not less than two thousand five hundred dollars nor more than ten
					 thousand dollars for every such violation.
(b) In addition to the penalties provided by
					 subdivision (a) of this section, any person filing a false written statement
					 with a County Energy Coordinator or the State Energy Office in connection with
					 State set-aside operations shall be subject to criminal penalties as provided
					 by the New York State Penal Law.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter IV - Fuel Allocation And Energy Emergency Procedures › Subchapter D - Standby State Fuel Set-aside Program › Part 7905 - Compliance And Enforcement › Section 7905.6 - Enforcement procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 civil penalty provided for in section
					 7905.5(a) 
					 of this part shall be recovered in an action or special proceeding pursuant to
					 New York State Energy Law, section 10-107(2) and this section brought by the
					 Attorney General at the request and in the name of the commissioner in any
					 court of competent jurisdiction.
(b) Alternatively, or in addition to the
					 action or proceeding to recover the civil penalty provided by subdivision (a)
					 of this section, the Attorney General, upon the request of the commissioner,
					 may institute an action or proceeding to enjoin any violation of, or to enforce
					 any provision of these regulations or of any order issued pursuant
					 thereto.
(c) Any action of
					 proceeding commenced to recover a penalty may be settled or discontinued by the
					 Attorney General with the consent of the commissioner.
(d) In addition to any action or proceeding
					 provided by subdivisions (a) and (b) of this section, if the commissioner finds
					 that a person may have filed a false written statement with a County Energy
					 Coordinator or the State Energy Office in connection with the State set-aside
					 program, the commissioner may refer the matter to the Attorney General for such
					 action, including criminal prosecution, as may be appropriate.
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 7910.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the rules governing the Energy
					 Investment Loan Program. The program provides interest subsidies and loan
					 guarantees on loans written by financing institutions for eligible energy
					 conservation improvements. The sectors served by the program are commercial and
					 industrial businesses, pursuant to Energy Law, section
					 5-127, and multifamily housing buildings
					 and agri-businesses, pursuant to chapter 645 of the Laws of
					 1986.
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 7910.3 - Interest subsidies

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. The amount of the interest subsidy shall be the difference between the
				  total interest due on a program loan over the life of the loan, calculated at
				  the financing institution's lending rate at the time of closing, and the
				  interest due on such loan over such period, calculated at the program rate,
				  multiplied by a fraction equal to the subsidy period divided by the life of the
				  loan. The total amount of the interest subsidy will be discounted to reflect
				  the payment of interest subsidies in advance of their becoming due.
(b) Variable rate loans. For variable rate
				  loans, the amount of the interest subsidy will not change during the term of
				  the loan, regardless of fluctuations in the financing institution's lending
				  rate on that loan, except in cases where the financing institution's lending
				  rate drops to a level where the interest subsidy would result in the approved
				  applicant receiving a negative net interest rate. In such cases, the amount of
				  the interest subsidy will be reduced accordingly.
(c) For loans with alternative payment
				  schedules allowed pursuant to section
				  7910.8(b)(3) 
				  of this Part, (i.e., loans other than fully amortized or fixed principal
				  payment loans) the amount of the interest subsidy shall be calculated as though
				  the loan were fully amortized over the subsidy period.
(d) Subsidy period. Interest subsidies will
				  be limited to a period of 10 years or the life of the loan, whichever is
				  less.
(e) Initial program rate. The
				  initial program rate will be five percent for all program loans. At the end of
				  three months following the effective date of this Part and from time to time
				  thereafter, the program rate will be reviewed by the commissioner and may be
				  changed for new loans being issued under the program in accordance with
				  subdivision (f) of this section.
(f) Revisions to program rate. At the
				  discretion of the commissioner, the program rate may be adjusted, and different
				  program rates may be established for different sectors or audiences, to reflect
				  market changes, loan demand, and the possible need to stimulate participation
				  in the program by certain audiences. Revised program rates will be at least 25
				  percent below the prime interest rate. Notice of any revised program rates will
				  be published in the State Register.
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 7910.4 - Eligible participants

Current through Register Vol. 46, No. 28, July 10, 2024
The following are eligible to participate in the
					 program:
(a) a commercial or
				  industrial business which owns the building in which the energy conservation
				  improvement(s) will be made, or which has a lease or management agreement for
				  such building extending beyond the term of the loan; provided, however, that
				  where the owner of the building authorizes the approved energy conservation
				  improvements, the lease or management agreement need not extend beyond the term
				  of the loan;
(b) owners,
				  shareholders, condominium owners, management agents, and tenants of multifamily
				  housing buildings;
(c) an
				  agri-business involved in farm production which:
(1) has had $20,000 or more in gross farm
				  production-related sales in the 12- month period prior to the submission of a
				  program application to the Energy Office, or from which at least 50 percent of
				  the applicant's income was derived during such period. If the agri-business was
				  not in operation for the prior 12- month period, the applicant shall certify
				  that sales are projected in excess of $20,000, or at least 50 percent of the
				  applicant's income is projected to be derived from farm production during the
				  next 12-month period; and
(2) owns
				  the building being improved with the proceeds of the program loan or has a
				  lease or management agreement for the building; and
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 7910.5 - Eligible energy conservation improvements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. An energy conservation
				  improvement project must:
(1) have a simple
				  payback of not less than 1 year nor more than 10 years, except that a project
				  involving a multifamily housing building may have a simple payback which does
				  not exceed 15 years;
(2) be clearly
				  identified and recommended in an energy audit or technical feasibility study
				  which meets the requirements of section
				  7910.7 
				  of this Part;
(3) result in reduced
				  energy consumption; and
(4) involve
				  a building located within the State which was completed and in use before an
				  application for a program loan is submitted to the Energy Office.
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 7910.7 - Energy audits and technical feasibility studies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Age of audit and technical feasibility
				  studies. An energy audit or technical feasibility study must have been
				  performed or updated within one year of the date of submission of a program
				  application to the Energy Office. Updates need address only energy conservation
				  improvements for which a interest subsidy is being requested. Updates must
				  include a recalculation of the paybacks of the original energy audit's or
				  technical feasibility study's proposed energy conservation improvements, based
				  on current fuel costs.
(b)
				  Acceptable energy audits. Energy audits which will be accepted by the Energy
				  Office include Energy Office-sponsored audits, apartment building conservation
				  service audits, other government-sponsored and utility company energy audits as
				  approved by the Energy Office, and private audits stamped with the seal and
				  signature of a registered architect or professional engineer.
(c) Acceptable technical feasibility studies.
				  Technical feasibility studies must be prepared under the supervision of and
				  stamped with the seal and signature of a registered architect or professional
				  engineer in order to be accepted by the Energy Office.
(d) Information on energy conservation
				  improvements. An energy audit or technical feasibility study must contain the
				  following information regarding each energy conservation improvement for which
				  an interest subsidy is being requested:
(1) a
				  detailed description of the improvement to be implemented, including any
				  necessary sketches or diagrams;
(2)
				  all calculations, including units of measurement and formulae, of annual fuel
				  use, and annual Btu and energy cost savings, with all assumptions and
				  parameters clearly presented. The annual Btu and energy cost savings shall be
				  based on actual building consumption records for the building for the prior 12-
				  month period, if the building was occupied during such period, and shall not
				  include savings from taxes, dollar savings due to switching to lower cost
				  fuels, and other savings which may be deemed inappropriate by the Energy
				  Office. All formulae and calculations shall be based on generally accepted
				  engineering standards and practices, and shall be reviewed for completeness and
				  reasonableness by the Energy Office; and
(3) the results of a combustion efficiency
				  test, if furnace or boiler modifications or replacements are being
				  implemented.
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 7910.8 - Program loans

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General. The
				  interest rates on loans proposed to be made by a financing institution shall be
				  reviewed by the Energy Office. The Energy Office, in its discretion, may refuse
				  to issue interest subsidies on loans which are proposed to be made at rates
				  determined by the Energy Office to be unreasonably high after considering
				  prevailing market rates, interest rates on other program loans, and the class
				  of the loan.
(b) Payment schedules.
				  Program loans shall contain one of the following types of payment schedules:
(1) Fully amortized. Payment of the loan,
				  including principal and interest, is made in equal installments.
(2) Fixed principal payment loans. Payment of
				  the loan is made in equal payments of principal, plus interest. As interest
				  decreases because of the declining principal balance, the total payment
				  decreases while the amount applied to principal remains the same.
(3) Alternatives. The Energy Office, in its
				  discretion, may agree to issue interest subsidies on loans which contain
				  alternative payment schedules. Interest subsidies on loans with althernative
				  payment schedules shall be calculated in accordance with section
				  7910.3(c) 
				  of this Part.
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 7910.9 - Loan guarantees

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. Loan guarantees on program loan amounts not exceeding $500,000 shall
				  be available for eligible applicants who are not otherwise able to obtain loans
				  for the installation of cost-effective energy conservation improvements,
				  including onsite power production projects.
(b) Maximum amount of loan guarantee.
(1) Loan guarantees shall be available up to
				  a maximum of 75 percent of the outstanding principal on a program
				  loan.
(2) At the discretion of the
				  commissioner, the maximum percentage of the outstanding principal on a program
				  loan to be guaranteed may be adjusted, and different maximum percentages may be
				  established for different sectors or audiences, to reflect market changes, loan
				  demand and the possible need to stimulate participation in the program by
				  certain audiences. Notice of any revised maximum percentage will be published
				  in the State Register.
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 7910.10 - Rescission, withholding, and adjustments of interest subsidies

Current through Register Vol. 46, No. 28, July 10, 2024
The Energy Office, in addition to any other rights and
					 remedies it may have pursuant to law, may instruct the financing institution to
					 withhold, rescind, or adjust payment of an interest subsidy or any portion
					 thereof for good cause. As used in this section, the term good cause shall
					 include, but not be limited to, the following:
(a) failure to comply with the requirements
				  of this Part or with other applicable State, Federal, or local laws or
				  regulations;
(b) submission of
				  false or misleading information to the Energy Office;
(c) occurrence of a default on loan
				  payments;
(d) prepayment of the
				  loan;
(e) assignment of the loan;
				  provided, however, that the Energy Office may authorize the financing
				  institution to reinstitute payment of interest subsidies where the Energy
				  Office has provided its written consent to the assignment;
(f) change in the variable interest rate
				  charged by a financing institution which would result in a negative net
				  interest rate being paid by the applicant;
(g) change in scope of work;
(h) change in project cost; and
(i) failure to complete energy conservation
				  improvement project within six months of the program loan closing.
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 7910.11 - Duties of program loan recipients

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Use of loan proceeds. The approved
				  applicant must use the program loan proceeds to finance the implementation of
				  the energy conservation improvement projects approved by the Energy
				  Office.
(b) Completion of project.
				  The approved applicant must complete the approved energy conservation
				  improvement project within six months of the program loan closing. The Energy
				  Office may extend the deadline for completion of the project where the
				  applicant has demonstrated reasonable cause for the delay.
(c) Certificate of completion. Within 45 days
				  of completion of the energy conservation improvement project, the approved
				  applicant must provide the Energy Office with a certificate of completion
				  signed by the approved applicant and the contractor certifying that the energy
				  conservation improvement project was completed in accordance with the
				  descriptions and cost estimates provided to the Energy Office.
(d) Site inspection. The approved applicant
				  must provide the Energy Office, or its designated agents, with reasonable
				  access to the project site before, during, and after the construction phase of
				  the energy conservation improvement project in order to monitor and inspect the
				  work being undertaken with the program loan proceeds.
(e) Applicable laws and permits. The approved
				  applicant must perform all work in compliance with all applicable Federal,
				  State, and local laws, rules and regulations. Prior to the commencement of
				  work, the approved applicant must obtain all permits, certificates and
				  approvals which may be required in connection with the performance and
				  completion of the work.
(f)
				  Documentation of work. The approved applicant must retain for a period of three
				  years after the date of closing on the program loan all cancelled checks,
				  receipts, and contracts used in connection with the work on the energy
				  conservation improvement project, and must produce them at the request of the
				  Energy Office for the purpose of verifying the cost of the energy conservation
				  improvement project.
(g)
				  Reimbursement for failure to comply. If the approved applicant fails to comply
				  with the requirements of this Part, the approved applicant may be disqualified
				  from participating in the program and may be required to reimburse the Energy
				  Office for all or a portion of the interest subsidy which the Energy Office
				  determines has been applied against the approved applicant's program
				  loan.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes the rules governing the
					 Not-for-Profit Energy Incentive Program. The program provides rebates to
					 eligible not-for-profit organizations, public and private, not-for-profit
					 schools, colleges and hospitals, units of local government, and public care
					 facilities to implement eligible energy conservation
					 measures.
New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle BB - State Energy Office › Chapter V - Conservation Programs › Part 7920 - Not-for-profit Energy Incentive Program › Section 7920.3 - Program eligibility

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  General. To be eligible to receive a program rebate, an applicant must:
(1) be a:
(i) not-for-profit organization;
(ii) public or private, not-for-profit
				  school, college or hospital;
(iii)
				  unit of local government; or
(iv)
				  public care facility; and