New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle S - Division of Housing and Community Renewal › Chapter III - Low Rent Housing › Subchapter C - Management Manual For Housing Authorities › Part 1632 - Energy Conservation › Section 1632.7 - Implementation of recommendations

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Prior to March 31, 1984, each authority shall certify to the bureau of
					 management of the division that all energy conservation measures recommended in
					 the energy audit report submitted pursuant to this Part, which have a simple
					 payback period of 12 months or less, have been implemented. Such certification
					 shall indicate each energy conservation measure recommended by the energy audit
					 and completed by the authority.
(b)
					 An authority may request a waiver of the requirement of subdivision (a) of this
					 section, provided that an energy audit report is filed as required by this Part
					 and the request is made at the same time the report is filed.
(c) The only condition for consideration of a
					 waiver of the implementation schedule is that the authority cannot implement
					 the identified energy conservation measures by March 31, 1984, given the
					 projected rent revenues and other monies available to the authority from
					 reserve funds, loans or grants from the State or Federal governments or any
					 other source. The waiver request must justify why implementation of the
					 identified energy conservation measures is not financially feasible, despite
					 the simple payback of 12 months or less, and shall include appropriate
					 documentation. In no case shall no-cost operating and maintenance items be
					 considered for a waiver.
(d) Each
					 request for a waiver of the implementation schedule shall be considered on a
					 case-by-case basis. In reviewing such requests, the division will consider all
					 factors affecting the fiscal condition of the authority, including, but not
					 limited to, the following: current and projected income, from rents and other
					 sources; current and projected expenses, including fuel and utility expenses;
					 accounts payable and receivable; status of reserve funds and other investments;
					 ability to obtain conventional and subsidized financing or grants; the
					 implementation of other energy conservation measures; and other projected
					 capital improvements.
(e) If the
					 request for a waiver of the implementation schedule is not approved within 60
					 days of the date the request is made, the waiver request shall be deemed to be
					 denied.
(f) If the division grants
					 a waiver from the implementation date of March 31, 1984, a new schedule shall
					 be prescribed by the division to provide for implementation of the identified
					 energy conservation measures. The division may require that any monies
					 withdrawn from the reserve fund to pay for energy conservation measures not
					 considered to be eligible replacement reserve expenditures be returned to the
					 reserve fund in accordance with a schedule which reflects the payback
					 period.