§ 1891 — Definitions

§ 1891. Definitions. As used in this section, the following terms\nshall have the following meanings:\n 1. "Applicant" means a person who owns, leases or manages a structure\nand who has the authority to contract for the provision of qualified\nenergy efficiency services to such structure.\n 2. "Authority" shall have the same meaning as in subdivision two of\nsection eighteen hundred fifty-one of this article.\n 3. "Constituency-based organization" means an organization\nincorporated for the purpose of providing services or other assistance\nto economically or socially disadvantaged persons within a specified\ncommunity, and which is supported by, or whose actions are directed by,\nmembers of the community in which it operates.\n 4. "Distribution utility" means any gas or electric corporation\nproviding gas or electricity to end use consumers that is a public\nutility company, including a municipality, or a public utility authority\norganized pursuant to article five of this chapter.\n 5. "Eligible project" means qualified energy efficiency services for a\nnon-residential structure, a residential structure or a multi-family\nstructure. An eligible project shall not be considered (a) a major\ncapital improvement pursuant to subparagraph (g) of paragraph one of\nsubdivision g of section 26-405 of the administrative code of the city\nof New York, subparagraph (k) of paragraph one of subdivision g of\nsection 26-405 of the administrative code of the city of New York,\nparagraph six of subdivision c of section 26-511 of the administrative\ncode of the city of New York, paragraph three of subdivision d of\nsection six of section four of chapter five hundred seventy-six of the\nlaws of nineteen hundred seventy-four, and the second undesignated\nparagraph of paragraph (a) of subdivision four of section four of\nchapter two hundred seventy-four of the laws of nineteen hundred\nforty-six; or (b) an individual apartment improvement pursuant to\nsubparagraph (e) of paragraph one of subdivision g of section 26-405 of\nthe administrative code of the city of New York, paragraph thirteen of\nsubdivision c of section 26-511 of the administrative code of the city\nof New York, paragraph one of subdivision d of section six of section\nfour of chapter five hundred seventy-six of the laws of nineteen hundred\nseventy-four, and clause five of the second undesignated paragraph of\nparagraph (a) of subdivision four of section four of chapter two hundred\nseventy-four of the laws of nineteen hundred forty-six.\n 6. "Energy audit" means a formal evaluation of a building's energy\nconsumption for the purpose of identifying methods to improve energy\nefficiency and conserve energy, including associated health and safety\nissues, conducted pursuant to standards established by the authority.\n 7. "Green jobs-green New York revolving loan fund" or "revolving loan\nfund" means the green jobs-green New York revolving loan fund created by\nsubdivision one of section eighteen hundred ninety-six of this title.\n 8. "Multi-family structure" means a multi-unit residential building\nwith five or more dwelling units.\n 9. "Non-residential structure" means a building that is used or\noccupied by a small business or a not-for-profit corporation.\n 10. "Not-for-profit corporation" means a corporation defined in\nsubdivision five of paragraph (a) of section one hundred two of the\nnot-for-profit corporation law.\n 11. "Program" means the green jobs-green New York energy conservation\nand community sustainability program created by this title.\n 12. "Qualified energy efficiency services" means a modification to a\nstructure, based on recommendations contained in an energy audit\nperformed under the program created under section eighteen hundred\nninety-two of this title or as otherwise approved by the authority,\nwhich is consistent with standards established by the authority, that\nwill increase the energy efficiency and conservation of an existing\nstructure, including but not limited to:\n (a) application of weatherstripping, caulking, sealant and other\nmaterials around doors, windows, and other areas of a building for the\npurpose of insulating or sealing openings in the building envelope and\nwithin the building to mitigate energy loss;\n (b) testing, repairing and replacing heating or cooling systems or\ncomponents of such systems;\n (c) thermostat upgrades;\n (d) water heater repair and replacement;\n (e) roof, chimney, fireplace and roof vent repair, insofar as such\nrepairs are determined by an energy audit to be necessary to mitigate\nenergy loss or resolve energy-system related health and safety issues;\n (f) repair and replacement of storm windows, permanent windows and\nexterior doors;\n (g) repair or replacement of major household appliances;\n (h) installation of thermal solar heat or hot water systems;\n (i) addition of insulation to exterior walls or ceilings;\n (j) replacement of inefficient light bulbs and lighting fixtures and\nsystems;\n (k) minor repairs that are necessary to ensure maximum efficiency from\nthe provision of qualified energy efficiency services;\n (l) installation of carbon monoxide detectors and indoor environmental\ntesting and mitigation deemed necessary as a result of the provision of\nother qualified energy efficiency services;\n (m) fuel switching to convert an electrically-heated building to a\nmore efficient heating source provided that significant energy\ncost-savings can be demonstrated pursuant to standards established by\nthe authority;\n (n) installation of energy technologies eligible for net energy\nmetering pursuant to section sixty-six-j or sixty-six-l of the public\nservice law; and\n (o) purchase and installation of geothermal energy systems.\n 13. "Residential structure" means a residential building that has four\nor fewer dwelling units.\n 14. "Small business" shall have the same meaning as in section one\nhundred thirty-one of the economic development law.\n 15. "Structure" means (a) a non-residential structure, (b) a\nresidential structure, and (c) a multi-family structure.\n