§ 25-AA — Definitions

§ 25-aa. Definitions. As used in this article the following terms\nshall have the following meanings:\n (a) "Eligible building". A building or structure which is located in\nan eligible revitalization area and:\n (1) is eligible to obtain benefits under title two-D or two-F of\narticle four of the real property tax law, or would be eligible to\nreceive benefits under such title except that such property is exempt\nfrom real property taxation and the requirements of paragraph (b) of\nsubdivision seven of section four hundred eighty-nine-dddd of such title\ntwo-D, or the requirements of subparagraph (ii) of paragraph (b) of\nsubdivision five of section four hundred eighty-nine-cccccc of such\ntitle two-F, whichever is applicable, of the real property tax law have\nnot been satisfied, provided that application for such benefits was made\nafter the thirtieth day of June, nineteen hundred ninety-five and before\nthe first day of July, two thousand twenty-seven, that construction or\nrenovation of such building or structure was described in such\napplication, that such building or structure has been substantially\nimproved by such construction or renovation, and (i) that the minimum\nrequired expenditure as defined in such title has been made, or (ii)\nwhere there is no applicable minimum required expenditure, the building\nwas constructed within such period or periods of time established by\ntitle two-D or two-F, whichever is applicable, of article four of the\nreal property tax law for construction of a new building or structure;\nor\n (2) has obtained approval after the thirtieth day of June, nineteen\nhundred ninety-five and before the first day of July, two thousand\ntwenty-seven, for financing by an industrial development agency\nestablished pursuant to article eighteen-A of the general municipal law,\nprovided that such financing has been used in whole or in part to\nsubstantially improve such building or structure by construction or\nrenovation, that expenditures have been made for improvements to such\nreal property in excess of twenty per centum of the value at which such\nreal property was assessed for tax purposes for the tax year in which\nsuch improvements commenced, and that such expenditures have been made\nwithin thirty-six months after the earlier of (i) the issuance by such\nagency of bonds for such financing, or (ii) the conveyance of title to\nsuch building or structure to such agency; or\n (3) is owned by the city of New York or the New York state urban\ndevelopment corporation, or a subsidiary corporation thereof, a lease\nfor which was approved in accordance with the applicable provisions of\nthe charter of such city or by the board of directors of such\ncorporation, as the case may be, and such approval was obtained after\nthe thirtieth day of June, nineteen hundred ninety-five and before the\nfirst day of July, two thousand twenty-seven, provided that expenditures\nhave been made for improvements to such real property in excess of\ntwenty per centum of the value at which such real property was assessed\nfor tax purposes for the tax year in which such improvements commenced,\nand that such expenditures have been made within thirty-six months after\nthe effective date of such lease; or\n (4) is eligible to obtain benefits under title two-E of article four\nof the real property tax law, or would be eligible to receive benefits\nunder such title except that such property is exempt from real property\ntaxation and the requirements of paragraph (b) of subdivision ten of\nsection four hundred eighty-nine-ccccc of the real property tax law have\nnot been satisfied, provided that application for such benefits was made\nafter the thirtieth day of June, nineteen hundred ninety-five and before\nthe first day of July, two thousand three, that renovation of such\nbuilding or structure was described in such application, that such\nbuilding or structure has been substantially improved by such\nrenovation, and that the minimum required expenditure as defined in such\ntitle has been made.\n (b) "Eligible charges" and "eligible public utility service charges".\n(1)(i) Eligible charges are charges made by a private utility to an\neligible redistributor of energy or a qualified eligible redistributor\nof energy for energy services purchased from such private utility at a\nrate or rates established pursuant to an order or rule of the New York\nstate public service commission or the federal energy regulatory\ncommission, other than charges for the purchase of the commodity of\nelectricity, and shall include applicable rate reductions for economic\ndevelopment or similar purposes, and all taxes payable thereon and shall\nexclude charges in accordance with paragraph two of this subdivision.\n (ii) Eligible public utility service charges are actual charges for\nenergy services made by a public utility service, and shall include all\ntaxes payable thereon, and shall exclude those charges excluded in\naccordance with paragraph two of this subdivision, provided, however,\nthat the department of business services of a city having a population\nof one million or more may by rule adjust eligible public utility\nservice charges for purposes of adjusting the special rebate based\nthereon to an amount that would be comparable to the special rebate\navailable to a comparable customer of a private utility as determined by\nsuch department.\n (2) Eligible charges and eligible public utility service charges shall\nnot include charges related to: (i) energy services used by persons that\nare not eligible revitalization area energy users, and (ii) any special\ncharges on bills relating to such energy services, including but not\nlimited to collection charges, late payment charges, or excess\ndistribution charges. Eligible charges and eligible public utility\nservice charges shall include charges for energy services used for\ncommon areas, systems and facilities of an eligible building meeting the\ncriteria of paragraph one, two or three of subdivision (a) of this\nsection or a targeted eligible building meeting the criteria of\nparagraph one, two or three of subdivision (q) of this section to the\nextent such common areas, systems or facilities are used by eligible\nrevitalization area energy users, except that charges attributable to\nother users, if minor and incidental, may be included in eligible\ncharges and eligible public utility service charges for such common\nareas, systems and facilities. Eligible charges and eligible public\nutility service charges shall not include charges for energy services\nused for common areas, systems and facilities of an eligible building\nmeeting the criteria of paragraph four of subdivision (a) of this\nsection or a targeted eligible building meeting the criteria of\nparagraph four of subdivision (q) of this section unless such common\nareas, systems and facilities are separate from the common areas,\nsystems and facilities that serve that portion of the mixed-use\nproperty, as defined in title two-E of article four of the real property\ntax law, used for residential purposes and serve only that portion of\nsuch mixed-use property used for commercial purposes.\n (c) "Eligible redistributor of energy". A person that owns or leases\nan eligible building, or a portion thereof, and that purchases energy\nservices on a metered basis from a private utility or public utility\nservice, and (i) resells or otherwise redistributes such energy services\nto one or more eligible revitalization area energy users that occupy\nsuch building or structure or (ii) consumes or uses such energy services\nitself and qualifies as an eligible revitalization area energy user as\ndefined in subdivision (e) of this section, provided, however, that a\nperson that owns or leases any portion of an eligible building meeting\nthe criteria of paragraph four of subdivision (a) of this section shall\nnot be an eligible redistributor of energy unless that portion of such\nmixed-use property, as defined in title two-E of article four of the\nreal property tax law, used for commercial purposes is metered directly\nand separately from other portions of such mixed-use property.\n (d) "Eligible revitalization area". Any area of a city having a\npopulation of one million or more, provided that in the city of New York\nthe eligible revitalization area shall be the area in the borough of\nManhattan bounded by Murray Street on the north starting at the\nintersection of West Street and Murray Street; running easterly along\nthe center line of Murray Street; connecting through City Hall Park with\nthe center line of Frankfort Street and running easterly along the\ncenter lines of Frankfort and Dover Streets to the intersection of Dover\nStreet and South Street; running southerly along the center line of\nSouth Street to Peter Minuit Plaza; connecting through Peter Minuit\nPlaza to the center line of State Street and running northwesterly along\nthe center line of State Street to the intersection of State Street and\nBattery Place; running westerly along the center line of Battery Place\nto the intersection of Battery Place and West Street; and running\nnortherly along the center line of West Street to the intersection of\nWest Street and Murray Street. Any tax lot which is partly located\ninside the eligible revitalization area shall be deemed to be entirely\nlocated inside such area.\n (e) "Eligible revitalization area energy user". Any person that\npurchases or otherwise receives energy services for its own use and that\noccupies, operates or manages premises in an eligible building or\ntargeted eligible building, provided such premises are metered or\nsubmetered as required in the last sentence of this subdivision, but\nsuch term shall not include a person that (i) occupies residential\nspace; (ii) is engaged primarily in manufacturing activity in such\nbuilding; (iii) is a hospital; (iv) is a hotel; or (v) occupies retail\nspace. An eligible redistributor of energy or a qualified eligible\nredistributor of energy is an eligible revitalization area energy user\nwith respect to (i) vacant premises within an eligible building or\ntargeted eligible building, which premises have been constructed or\nrenovated by such redistributor for occupancy by an eligible\nrevitalization area energy user other than such redistributor, provided\nsuch vacant premises are metered or submetered in accordance with rules\nof such department of business services; and (ii) common areas, systems\nand facilities to the extent such common areas, systems and facilities\nare used by eligible revitalization area energy users. Notwithstanding\nthe foregoing provisions of this subdivision, a person shall not be an\neligible revitalization area energy user if the premises occupied,\noperated or managed by such person (i) exceed the lesser of ten thousand\ncontiguous square feet in area or the entire floor of a building and are\nnot individually and accurately metered or submetered to determine the\noccupant's usage of energy services, or (ii) are located in that portion\nof mixed-use property, as defined in title two-E of article four of the\nreal property tax law, used for commercial purposes, and such portion is\nnot metered directly and separately from other portions of such\nmixed-use property.\n (f) "Energy services bill". A bill rendered for energy services, which\nshall include a bill for rent or similar charges for the occupancy of\npremises where such rent or similar charges include the use of energy\nservices.\n (g) "Hotel". A building, or a portion thereof, which is regularly used\nand kept open as such for the lodging of guests. The term "hotel"\nincludes, but is not limited to, an apartment hotel, a motel, boarding\nhouse or club, whether or not meals are served.\n (h) "Hospital". A hospital as defined in section twenty-eight hundred\none of the public health law.\n (i) "Manufacturing activity". An activity involving the assembly of\ngoods to create a different article or the processing, fabrication or\npackaging of goods.\n (j) "Person". Any individual, partnership, association, corporation,\nlimited liability company, agency of the state or federal government,\npublic benefit corporation or instrumentality of such agency or\ncorporation, estate or trust, and any combination of the foregoing.\n (k) "Private utility". A utility that provides energy services within\nany city having a population of one million or more, that is subject to\nthe general jurisdiction and supervision of the New York state public\nservice commission, and that is subject to a gross receipts tax imposed\npursuant to the authority contained in subdivision (a) of section twelve\nhundred one of the tax law.\n (l) "Public utility service". A service established pursuant to\narticle fourteen-A of the general municipal law by a city having a\npopulation of one million or more.\n (m) "Qualified eligible redistributor of energy". A person that owns\nor leases a targeted eligible building, or a portion thereof, and that\npurchases energy services on a metered basis from a public utility\nservice, and (i) resells or otherwise redistributes such energy services\nto one or more eligible revitalization area energy users that occupy\nsuch building or structure or (ii) consumes or uses such energy services\nitself and qualifies as an eligible revitalization area energy user as\ndefined in subdivision (e) of this section, provided, however, that a\nperson that owns or leases any portion of a targeted eligible building\nmeeting the criteria of paragraph four of subdivision (q) of this\nsection shall not be a qualified eligible redistributor of energy unless\nthat portion of such mixed-use property, as defined in title two-E of\narticle four of the real property tax law, used for commercial purposes\nis metered directly and separately from other portions of such mixed-use\nproperty.\n (n) "Retail space". Retail space other than space occupied by a\nbanker, insurance broker, real estate broker, stockbroker, lawyer,\ndoctor, accountant, or any licensed professional designated by rule of\nsuch department of business services.\n (o) "Special rebate". The amount of a reduction in an energy services\nbill rendered by a private utility or public utility service to an\neligible redistributor of energy or a qualified eligible redistributor\nof energy, or an agent of either, and calculated as a percentage of\neligible charges or eligible public utility service charges as specified\nin section twenty-five-bb of this article.\n (p) "Simple payback period". The number of years necessary to recoup\nthe cost of an energy conservation measure through annual energy cost\nsavings.\n (q) "Targeted eligible building". A building or structure which is\nlocated in an eligible revitalization area and:\n (1) is eligible to obtain benefits under title two-D of article four\nof the real property tax law, or would be eligible to receive benefits\nunder such title except that such property is exempt from real property\ntaxation and the requirements of paragraph (b) of subdivision seven of\nsection four hundred eighty-nine-dddd of the real property tax law have\nnot been satisfied, provided that application for such benefits was made\nafter the thirtieth day of June, nineteen hundred ninety-five and before\nthe first day of July, two thousand three, that construction or\nrenovation of such building or structure was described in such\napplication, that such building or structure has been substantially\nimproved by such construction or renovation, and (i) that twice the\nminimum required expenditure as defined in such title has been made, or\n(ii) where there is no applicable minimum required expenditure,\nexpenditures have been made for improvements to such real property in\nexcess of forty per centum of the value at which such real property was\nassessed for tax purposes for the tax year in which such improvements\ncommenced and the building has been constructed within such period or\nperiods of time established by title two-D of article four of the real\nproperty tax law for construction of a new building or structure; or\n (2) has obtained approval after the thirtieth day of June, nineteen\nhundred ninety-five and before the first day of July, two thousand\nthree, for financing by an industrial development agency established\npursuant to article eighteen-A of the general municipal law, provided\nthat such financing has been used in whole or in part to substantially\nimprove such building or structure by construction or renovation, that\nexpenditures have been made for improvements to such real property in\nexcess of forty per centum of the value at which such real property was\nassessed for tax purposes for the tax year in which such improvements\ncommenced, and that such expenditures have been made within thirty-six\nmonths after the earlier of (i) the issuance by such agency of bonds for\nsuch financing, or (ii) the conveyance of title to such building or\nstructure to such agency; or\n (3) is owned by the city of New York or the New York state urban\ndevelopment corporation, or a subsidiary corporation thereof, a lease\nfor which was approved in accordance with the applicable provisions of\nthe charter of such city or by the board of directors of such\ncorporation, as the case may be, and such approval was obtained after\nthe thirtieth day of June, nineteen hundred ninety-five and before the\nfirst day of July, two thousand three, provided that expenditures have\nbeen made for improvements to such real property in excess of forty per\ncentum of the value at which such real property was assessed for tax\npurposes for the tax year in which such improvements commenced, and that\nsuch expenditures have been made within thirty-six months after the\neffective date of such lease; or\n (4) is eligible to obtain benefits under title two-E of article four\nof the real property tax law, or would be eligible to receive benefits\nunder such title except that such property is exempt from real property\ntaxation and the requirements of paragraph (b) of subdivision ten of\nsection four hundred eighty-nine-ccccc of the real property tax law have\nnot been satisfied, provided that application for such benefits was made\nafter the thirtieth day of June, nineteen hundred ninety-five and before\nthe first day of July, two thousand three, that renovation of such\nbuilding or structure was described in such application, that such\nbuilding or structure has been substantially improved by such\nrenovation, and that twice the minimum required expenditure as defined\nin such title has been made.\n (r) "Energy services". The transmission and distribution of\nelectricity, and such other services that are associated with such\ntransmission and distribution, as shall be designated as energy services\nby rule of the department of business services of a city having a\npopulation of one million or more as such department deems necessary to\npromote economic development, provided that energy services shall not\ninclude the commodity of electricity.\n