§ 25-BB — Special rebates

§ 25-bb. Special rebates. (a) Amount of special rebates. Special\nrebates shall be made to eligible redistributors of energy or qualified\neligible redistributors of energy, and discounts shall be made to a\npublic utility service, pursuant to paragraph one or two of this\nsubdivision, whichever is applicable:\n (1) A private utility shall make a special rebate to an eligible\nredistributor of energy equal to the following percentages of eligible\ncharges:\nMonths During Applicable % of Eligible\nBenefit Period Charges or Eligible Public\nDefined in Utility Service Charges\nSubdivision (e)\nfirst through ninety- 45%\nsixth\nninety-seventh\nthrough one hundred 36%\neighth\none hundred ninth\nthrough one hundred\ntwentieth 27%\none hundred twenty-\nfirst through one\nhundred thirty-second 18%\none hundred thirty-\nthird through one\nhundred forty-fourth 9%\n; provided, however, that a private utility shall make a special rebate\nto an eligible redistributor of energy that owns or leases an eligible\nbuilding that, in accordance with procedures set forth in local law, was\ndesignated as a landmark before the issuance of a certificate of\neligibility pursuant to subdivision (f) of this section, equal to the\nfollowing percentages of eligible charges:\nMonths During Applicable % of Eligible\nBenefit Period Charges or Eligible Public\nDefined in Utility Service Charges\nSubdivision (e)\nfirst through one\nhundred eighth 45%\none hundred ninth\nthrough one hundred\ntwentieth 36%\none hundred twenty-\nfirst through one\nhundred thirty-second 27%\none hundred thirty-\nthird through one\nhundred forty-fourth 18%\none hundred forty-\nfifth through one\nhundred fifty-sixth 9%\n; or provided, however, that the department of business services of a\ncity having a population of one million or more may increase such\npercentages at its discretion in order to maintain the special rebate at\nlevels comparable to those historically provided under the program,\npursuant to rules that are generally applicable to distinct classes of\nenergy users.\n (2) Where, pursuant to a written agreement between such public utility\nservice and the power authority of the state of New York, such public\nutility service sells energy services to a qualified eligible\nredistributor of energy that has been individually approved by such\npower authority and certified pursuant to subdivision (f) of this\nsection before November first, two thousand, or to an eligible\nredistributor of energy that has been individually approved by such\npower authority and certified pursuant to subdivision (f) of this\nsection after October thirty-first, two thousand, and such energy\nservices have been provided by a private utility, such private utility\nshall make a discount to such public utility service and such public\nutility service shall make a special rebate to such qualified eligible\nredistributor of energy or such eligible redistributor of energy, which\ndiscount and special rebate shall be the product of the eligible public\nutility service charges to such qualified eligible redistributor of\nenergy and the applicable percentage for a special rebate for energy\nservices in the applicable schedule contained in paragraph one of this\nsubdivision.\n (b) Implementation by private utility and public utility service. Each\nprivate utility or public utility service that is required to make a\nspecial rebate to an eligible redistributor of energy or qualified\neligible redistributor of energy by subdivision (a) of this section\nshall reduce each energy services bill for such redistributor by the\nfull amount of the special rebate or rebates that shall have accrued for\nthe period covered by each such bill. Such utility or utility service\nshall cease to make such reductions in such energy services bills upon\nreceipt of notification from the department of small business services\nof a city having a population of one million or more that the\ncertification issued pursuant to subdivision (f) of this section has\nbeen suspended or terminated, and such utility or utility service shall\nchange the amount of such reduction in accordance with such notification\nfrom such department. Notwithstanding the provisions of this\nsubdivision, a private utility or public utility service shall not be\nrequired to provide a special rebate in an amount that exceeds the\namount of such energy services bill.\n (c) Implementation by redistributor. An eligible redistributor of\nenergy or a qualified eligible redistributor of energy shall implement\nthe following:\n (1) An eligible redistributor of energy or a qualified eligible\nredistributor of energy shall reduce the energy services bills rendered\nby such redistributor to eligible revitalization area energy users\noccupying, operating or managing premises in eligible buildings or\ntargeted eligible buildings owned or leased by such redistributor by an\namount equal, in the aggregate, to one hundred per centum of each\nspecial rebate received by such redistributor.\n (2) Each eligible redistributor of energy or qualified eligible\nredistributor of energy shall allocate the reductions required by\nparagraph one of this subdivision in accordance with each such eligible\nrevitalization area energy user's use of energy services as follows: (i)\nif the premises of such user are submetered, such use shall be\ndetermined by such submeter; (ii) if the premises of such user are not\nsubmetered, such use shall be determined by rules of such department of\nsmall business services; and (iii) if an eligible redistributor of\nenergy or qualified eligible redistributor of energy charges amounts to\neligible revitalization area energy users that vary annually or more\nfrequently with the costs incurred by such redistributor for the\noperation of common areas, systems or facilities, such redistributor\nshall reduce such charges by the portion of the special rebates\nattributable thereto.\n (3) Each eligible redistributor of energy or qualified eligible\nredistributor of energy shall individually and accurately submeter the\nenergy services sold or otherwise redistributed by such redistributor to\neach such eligible revitalization area energy user or other occupant of\neligible buildings or targeted eligible buildings owned or leased by\nsuch redistributor so as to enable a determination of each such user's\nor occupant's usage of energy services, provided such user or occupant\noccupies, operates or manages premises that equal or exceed the lesser\nof ten thousand contiguous square feet in area or the entire floor of a\nbuilding.\n (4) Each eligible redistributor of energy or qualified eligible\nredistributor of energy shall limit charges to those eligible\nrevitalization area energy users that are submetered in accordance with\nthis section to a price for the purchase of energy services that shall\nbe no higher than the price paid by such redistributor, provided that an\nadditional fee, not exceeding twelve per centum of such price, may be\ncharged by such redistributor for energy services sold to such eligible\nrevitalization area energy users.\n (5) Each eligible redistributor of energy or qualified eligible\nredistributor of energy shall separately state in all energy services\nbills rendered by such redistributor to an eligible revitalization area\nenergy user for sales of energy services the amount of the reduction in\ncharges for energy services representing the share of the special rebate\nallocated to such user, or that no reduction has been made. All such\nbills for energy services shall state substantially the following: "You\nmay be entitled to share a rebate that your landlord has received for\ncharges for energy pursuant to the revitalization area energy rebate\nprogram. The amount is separately stated and identified in this bill."\n (6) Each eligible redistributor of energy or qualified eligible\nredistributor of energy shall keep records verifying compliance with the\nprovisions of this article and ensure that such department of small\nbusiness services and other appropriate city agency or agencies, as\ndetermined by rule of such department, have access to such records.\n (7) Each eligible redistributor of energy or qualified eligible\nredistributor of energy shall provide access to eligible buildings and\ntargeted eligible buildings by such department of small business\nservices and other appropriate city agency or agencies, as determined by\nrule of such department, for the purpose of inspecting meters and other\nequipment and verifying the accuracy of any application or supplement\nthereto filed with such agency pursuant to this article.\n (d) Additional obligations of qualified eligible redistributors of\nenergy. A qualified eligible redistributor of energy shall (i) submit to\nsuch department of small business services on an annual basis proof that\nthe heating and cooling systems within the targeted eligible building\ncontinue to meet the performance standards specified in former section\n7813.21 of the New York state energy conservation construction code\npromulgated pursuant to article eleven of the energy law, or if\napplicable, a municipal code authorized pursuant to such article, or\nsuch predecessor section to which such building, when constructed or\nsubstantially renovated, was subject, and (ii) to the extent that the\ncost of motors or lighting equipment described in former sections\n7813.52 and 7813.53 of the energy conservation construction code is\nincluded as part of the expenditures required in subdivision (q) of\nsection twenty-five-aa of this article, the qualified redistributor of\nenergy shall certify to such agency that all such compatible equipment\nwith a simple payback period of five years or less has been installed.\n (e) Benefit period. An eligible redistributor of energy or a qualified\neligible redistributor of energy shall be eligible for special rebates\nfor a benefit period which begins on the first day of the first billing\ncycle which commences after the certification is issued pursuant to\nsubdivision (f) of this section; such period, unless sooner ended due to\na termination of such certification, shall end one hundred forty-four\nmonths after the beginning of such period, provided, however, that if\nsuch redistributor owns or leases an eligible building that, in\naccordance with procedures set forth in local law, was designated as a\nlandmark before the issuance of such certification, then such period\nshall end one hundred fifty-six months after the beginning of such\nperiod.\n (f) Application and certification. An owner or lessee of a building or\nstructure located in an eligible revitalization area, or an agent of\nsuch owner or lessee, may apply to such department of small business\nservices for certification that such building or structure is an\neligible building or targeted eligible building meeting the criteria of\nsubdivision (a) or (q) of section twenty-five-aa of this article.\nApplication for such certification must be filed after the thirtieth day\nof June, nineteen hundred ninety-five and before a building permit is\nissued for the construction or renovation required by such subdivisions\nand before the first day of July, two thousand twenty-seven, provided\nthat no certification for a targeted eligible building shall be issued\nafter October thirty-first, two thousand. Such application shall\nidentify expenditures to be made that will affect eligibility under such\nsubdivision (a) or (q). Upon completion of such expenditures, an\napplicant shall supplement such application to provide information (i)\nestablishing that the criteria of such subdivision (a) or (q) have been\nmet; (ii) establishing a basis for determining the amount of special\nrebates, including a basis for an allocation of the special rebate among\neligible revitalization area energy users purchasing or otherwise\nreceiving energy services from an eligible redistributor of energy or a\nqualified eligible redistributor of energy; and (iii) supporting an\nallocation of charges for energy services between eligible charges and\nother charges. Such department shall certify a building or structure as\nan eligible building or targeted eligible building after receipt and\nreview of such information and upon a determination that such\ninformation establishes that the building or structure qualifies as an\neligible building or targeted eligible building. Such department shall\nmail such certification or notice thereof to the applicant upon\nissuance. Such certification shall remain in effect provided the\neligible redistributor of energy or qualified eligible redistributor of\nenergy reports any changes that materially affect the amount of the\nspecial rebates to which it is entitled or the amount of reduction\nrequired by subdivision (c) of this section in an energy services bill\nof an eligible revitalization area energy user and otherwise complies\nwith the requirements of this article. Such department shall notify the\nprivate utility or public utility service required to make a special\nrebate to such redistributor of the amount of such special rebate\nestablished at the time of certification and any changes in such amount\nand any suspension or termination by such department of certification\nunder this subdivision. Such department may require some or all of the\ninformation required as part of an application or other report be\nprovided by a licensed engineer.\n (g) Rules. Such department of business services may promulgate rules\nto carry out the purposes of this article, including but not limited to\nrules that:\n (i) prescribe methods for determining the amount of special rebates\nand the allocations of reductions in energy services bills among\neligible revitalization area energy users as required by this article,\nincluding allocations of charges between eligible charges, eligible\npublic utility service charges and other charges and formulas and\nmethods for such allocations where usage of energy services for a\nparticular purpose or a particular occupant is not metered or submetered\nor cannot be precisely ascertained for any other reason;\n (ii) require that eligible revitalization area energy users and other\nusers that are not eligible revitalization area energy users purchase\nenergy services directly from a private utility or public utility\nservice if the direct purchase from such a utility or service would\nfacilitate the determination of the amount of special rebates and the\nallocations of reductions in energy services bills among eligible\nrevitalization area energy users;\n (iii) require eligible redistributors of energy and qualified eligible\nredistributors of energy to include statements in new leases, contracts\nand other agreements with eligible revitalization area energy users and\nother occupants, and to disclose to such users and other occupants the\nterms and conditions for the sale of energy services to such users and\nother occupants and the availability of reductions in energy services\nbills pursuant to this article, and rules that require such\nredistributors to make written assurances or undertakings to eligible\nrevitalization area energy users that appropriate reductions in energy\nservices bills will be made pursuant to this article, and rules that\nprescribe forms for such statements, disclosures, assurances, and\nundertakings;\n (iv) require any eligible redistributor of energy, qualified eligible\nredistributor of energy, eligible revitalization area energy user,\nprivate utility or other person selling energy services within such city\nto keep records of all transactions subject to this article and to make\nsuch records available to appropriate city agencies;\n (v) require that statements in connection with the application and any\namendments thereof be made under oath;\n (vi) prescribe requirements for reports to be made annually and at\nother times to such department by an eligible redistributor of energy or\na qualified eligible redistributor of energy during the duration of the\nbenefit period defined in subdivision (e) of this section; and\n (vii) provide for such administrative charges or fees as are necessary\nto defray expenses in administering the special rebates provided\npursuant to this article, including, but not limited to the cost of a\nsurvey conducted on behalf of such department to determine exclusions\nfrom eligible charges and eligible public utility service charges or\nallocations between eligible revitalization area energy users and other\npersons.\n (h) Enforcement. Such department of business services may deny an\napplication for a certificate of eligibility or suspend or terminate a\ncertificate of eligibility issued pursuant this article whenever: (i) an\neligible redistributor of energy or a qualified eligible redistributor\nof energy fails to comply with the requirements of this article or the\nrules promulgated hereunder; or (ii) an application, certificate,\namendment, supplement, annual report or other document submitted by an\napplicant pursuant to this article or such rules contains a false or\nmisleading statement as to a material fact or omits to state any\nmaterial fact necessary in order to make the statements therein not\nfalse or misleading; or (iii) any real property tax or water or sewer\ncharge due and payable with respect to an eligible building or targeted\neligible building shall remain unpaid for at least one year following\nthe date upon which such tax or charge became due and payable, unless\nwithin thirty days from the mailing of a notice of termination by such\ndepartment satisfactory proof is presented to such department that any\nand all delinquent taxes and charges owing with respect to such building\nas of the date of such notice have been paid in full or are currently\nbeing paid in timely installments pursuant to a written agreement with\nthe appropriate agency of such city; or (iv) any payment in lieu of\ntaxes payable with respect to such buildings shall remain unpaid for at\nleast one year following the date upon which such payment became due and\npayable. Such department shall terminate a certificate of eligibility in\nthe event an eligible redistributor of energy or qualified eligible\nredistributor of energy fails at any time within the first five years of\nthe benefit period to submeter any premises as required by paragraph\nthree of subdivision (c) of this section. Such city may maintain a civil\naction or proceeding to recover an amount equal to any benefits\nimproperly obtained.\n