§ 1872 — Green residential building program

New York § 1872

• Jurisdiction: New York
• Law PBA: Public Authorities
• Title 9: New York State Energy Research and Development Authority
• Art. 8: Miscellaneous Authorities

Text

§ 1872. Green residential building program. 1. Definitions. As used in\nthis section, the following terms shall have the following meanings:\n (a) "Green residential building standards" means standards,\nguidelines, a rating system, and/or criteria relating to design and\nbuilding techniques established or promulgated by the authority pursuant\nto this section, which are intended to: (i) promote smart growth and\nsmart site planning; (ii) reduce greenhouse gas emissions; (iii) achieve\nenergy efficiency and reduce energy consumption; (iv) facilitate the\nincorporation of environmentally responsible products; (v) promote the\nefficient use of natural resources; (vi) promote the conservation of\nmaterials and resources; (vii) reduce waste; and (viii) create a healthy\nindoor living environment.\n (b) "Owner" means a person who owns a residential building on the date\nthat: (i) a certificate of occupancy is issued to such building in the\ncase of a new residential building; or (ii) substantial renovations to\nan existing residential building are completed pursuant to standards and\ncriteria established by the authority.\n (c) "Qualified occupied square footage" means the habitable spaces of\na residential building pursuant to standards and criteria established by\nthe authority, and shall not include storage areas, mechanical rooms,\nutility rooms, and attic and crawl spaces.\n (d) "Residential building" means a single family home or multi-family\nhome with less than twelve dwelling units pursuant to standards and\ncriteria established by the authority.\n (e) "Substantial renovations" mean significant improvements or\nrestorations to, or substantial replacement or repair of materials,\nsystems or components of, a residential building pursuant to standards\nand criteria established by the authority.\n 2. Application of program. The authority is hereby authorized to\nestablish and administer a green residential building program to provide\nincentives for the construction of new residential buildings, and the\nsubstantial renovation of residential buildings, pursuant to standards\nand criteria established by the authority.\n 3. Incentive payments. (a) As part of the green residential building\nprogram created pursuant to this section, the authority is authorized to\nprovide for and award incentive payments to:\n (i) qualified owners of new residential buildings that the authority\ndetermines have been constructed pursuant to applicable green\nresidential building standards, and that satisfy other program standards\nand criteria as established by the authority, and who have received a\ncertificate of occupancy for such building on and after January first,\ntwo thousand ten, and before October thirty-first, two thousand\nthirteen; and\n (ii) qualified owners of existing residential buildings that the\nauthority determines have undergone substantial renovations pursuant to\napplicable green residential building standards, and that satisfy other\napplicable program standards and criteria as established by the\nauthority, where the renovations to such building are completed on and\nafter January first, two thousand ten, and before October thirty-first,\ntwo thousand thirteen.\n In determining the amount of an incentive payment, the authority is\nauthorized to consider whether the person who is eligible to receive the\nincentive payment has received, will be receiving or is eligible to\nreceive financial assistance or incentives from any other source for the\nconstruction or renovations that are the subject of an incentive\npayment.\n (b) No incentive payment made pursuant to this subdivision shall\nexceed:\n (i) with respect to a residential building with two or fewer dwelling\nunits, an amount equal to the product of the amount of qualified\noccupied square footage, not to exceed two thousand square feet, and\nthree dollars and seventy-five cents;\n (ii) with respect to a residential building with greater than two\ndwelling units but fewer than six dwelling units, an amount equal to the\nproduct of the amount of qualified occupied square footage, not to\nexceed three thousand square feet, and three dollars and seventy-five\ncents;\n (iii) with respect to a residential building with at least six\ndwelling units, an amount equal to the product of the amount of\nqualified occupied square footage, not to exceed four thousand square\nfeet, and three dollars and seventy-five cents; and\n (c) In addition to the limitations on incentive payments set forth in\nparagraph (b) of this subdivision, no qualified owner shall receive more\nthan one hundred twenty thousand dollars in qualified incentive payments\nduring any calendar year.\n 4. Regulations. (a) The authority shall promulgate rules and\nregulations to establish green residential building standards and/or\ncriteria as part of any green residential building program created\npursuant to this section. In establishing such standards and criteria,\nthe authority may consult standards and criteria established or adopted\nby other organizations, including but not limited to, the United States\ngreen building council under its leadership in energy and environmental\ndesign programs and the American National Standards Institute.\n (b) The authority shall promulgate rules and regulations for the\nadministration of any green residential building established pursuant to\nthis section, including but not limited to eligibility criteria,\napplication procedures, award determinations, dollar-per-square footage\naward levels, training and qualification procedures for builders and\ntechnicians, and inspection procedures, documentation and compliance\nrequirements for the program.\n (c) The authority is authorized to: (i) consult with the department of\nenvironmental conservation, the department of state, the division of\nhousing and community renewal and any other agency or public authority\nwhich the authority deems appropriate in the development of green\nresidential building standards and any other standards and criteria\ndeveloped pursuant to this subdivision; (ii) prepare, in consultation\nwith such agencies and authorities, and to make available to the public,\ngreen residential building program manuals and brochures for the purpose\nof ensuring that the standards and criteria applicable to such program\nare available to persons who may wish to participate in the program, to\nfacilitate the construction of green buildings and the renovation of\nexisting residential buildings using green construction principles; and\n(iii) coordinate the administration of any green residential building\nprogram created pursuant to this section with other programs that are\nadministered by the authority.\n 5. Reporting. No later than September first, two thousand eleven and\nSeptember first of each year thereafter, the president shall prepare and\nfurnish a written report to the governor, the temporary president of the\nsenate, and the speaker of the assembly concerning the authority's\nactivities under this section. Such report shall include, but shall not\nbe limited to:\n (a) the name and address of each recipient of incentive payments made\nby the authority pursuant to this section during the preceding calendar\nyear;\n (b) the amount of any incentive payment made to each such person; and\n (c) a description of the project and the work performed that earned\nthe incentive payment.\n