§ 58-02 Definitions.
As used in this chapter, the following terms have the following meanings:
Administering Agency. "Administering Agency" means the New York City Department of Finance.
Administration Agreement. "Administration Agreement" means the agreement memorializing the legal obligations of the City and the Administrator in administering the Program.
Administrator. "Administrator" means a for-profit or not-for-profit corporation engaged by the City to manage or assist in the implementation and administration of the Program.
Applicant. "Applicant" means any individual, corporation, partnership, limited liability company, association, agent, trust, estate or other entity that applies individually or jointly for a loan under the Program.
Authority. "Authority" means the New York State Energy Research and Development Authority, as defined by subdivision 2 of section 1851 of the Public Authorities Law, or its successor.
Borrower. "Borrower" means an Applicant that has received a Loan from a Lender.
City. "City" means the City of New York.
City Charge. "City Charge" means all taxes, assessments, sewer rents, sewer surcharges and water rents, and any other charges that are made a lien subject to the provisions of Chapter 30 of Title 11 of the Administrative Code, and the interest and charges thereon, which may be laid or have been laid, upon real property.
Collection Agreement. "Collection Agreement" means the agreement executed by the City and the Administrator, and by each Lender and each Borrower, upon execution of a Program Financing Agreement. The Collection Agreement provides for the collection by the City of a Program Charge, the remittance of such Program Charge by the City to the Administrator, and the subsequent remittance of such Program Charge by the Administrator to the Lender.
Energy Audit. "Energy Audit" means a formal evaluation of the energy consumption of a permanent building or structural improvement to real property, conducted by a person certified pursuant to 19 RCNY § 58-04, for the purpose of identifying appropriate energy efficiency improvements that could be made to or incorporated into the construction of the property.
Energy Efficiency Improvement. "Energy Efficiency Improvement" means any improvement to real property, whether as a component of the new construction of a building or as the renovation or retrofitting of an existing building to reduce energy consumption, such as window and door replacement, lighting, caulking, weatherstripping, air sealing, insulation, and heating and cooling system upgrades, and similar improvements, determined to be cost-effective pursuant to criteria established by the Authority. However, "energy efficiency improvement" shall not include lighting measures or household appliances that are not permanently fixed to real property.
Lender. "Lender" means a capital provider, including, but not limited to, a private financing organization, a not-for-profit corporation, a community development financial institution or a public agency, that is pre-qualified pursuant to the Program Guidelines and provides financing for a Loan under the Program.
Loan. "Loan" means the financing provided by a Lender to a Borrower under the Program that is repaid through a separate charge on the Borrower's Statement of Account.
Low Carbon Building. “Low Carbon Building” means a building that is designed, engineered, developed, constructed, operated and maintained such that any device, machinery, equipment, component, system or element installed or used in such building that causes or otherwise results in the combustion within or upon such building of any substance emits no more than 25 kilograms of carbon dioxide per million British thermal units of energy, as determined by the United States energy information administration, provided that such limitation shall not apply to any of the following:
a. Any device installed or used in such building that (1) has no connection to the gas supply line or fuel oil piping system of such building; (2) is used on an intermittent basis; and (3) is not used to supply such building, or any portion of such building, with heat or hot water; or
b. Any building in which the combustion within or upon such building of a substance that results in the emission of 25 kilograms or more of carbon dioxide per million British thermal units of energy, as determined by the United States energy information administration, is necessary: (1) for a manufacturing use or purpose; (2) for the operation of a laboratory, laundromat, hospital, crematorium, or commercial kitchen as defined in section 202 of the New York City fire code; (3) to provide emergency or standby power; or (4) for any use allowed pursuant to a rule promulgated by the Department of Buildings in accordance with exception 9 of § 28-506.1 of the Administrative Code, provided that any such emission in excess of 25 kilograms of carbon dioxide per million British thermal units of energy allowed pursuant to this definition be limited to the emission necessary for the use or purpose described in subparagraphs 1 through 4 of this paragraph.
Major Renovation. “Major Renovation” means any renovation, retrofit or other capital improvement project involving construction in an existing building that: (a) increases the floor surface area of such building by more than 110% and (b) is consistent with criteria set forth in the Program Guidelines.
Master Transfer and Remittance Agreement. "Master Transfer and Remittance Agreement" means the agreement executed by the City, the Administrator and the Trust, and by each Lender, that establishes the terms for the collection and remittance of Program Charges that are sold or transferred to and collected by the Trust and remitted to the Administrator for payment to the applicable Lender.
New Construction. “New Construction” means any project for which a new building permit is required pursuant to item 1 of § 28-105.2 of the Administrative Code. Any work subject to § 28-101.4.5 of the Administrative Code shall not be considered “New Construction”.
OLTPS. "OLTPS" means the Mayor's Office of Long-Term Planning and Sustainability.
PACE Charge Lien. "PACE Charge Lien" means a lien arising from the nonpayment of a Program Charge.
PACE Loan Lien. "PACE Loan Lien" means a lien arising pursuant to subdivision (a) of § 11-3005 of the Administrative Code.
Payment Report. "Payment Report" means a report pertaining to each property benefitted by a Loan, as identified by its Borough-Block-Lot, that includes, but is not limited to, for each Loan (a) the date of the Program Financing Agreement; (b) the original principal amount of the Loan; (c) the total principal balance and accrued interest outstanding on the date of issuance of the Payment Report; and (d) the payment due to the Lender, which shall include principal and accrued interest, for the related collection date.
Program. "Program" means the Sustainable Energy Loan Program established by Chapter 30 of Title 11 of the Administrative Code.
Program Charge. "Program Charge" means the amount required by the Program Financing Agreement to be listed as a separate charge on the Statement of Account of the Borrower.
Program Documents. "Program Documents" means the Administration Agreement, the Collection Agreement, the Master Transfer and Remittance Agreement and any other document related to the administration of a Loan provided pursuant to the Program.
Program Financing Agreement. "Program Financing Agreement" means, with respect to each Loan, the financing agreement between the Lender and the Borrower, governing the terms and conditions of such Loan.
Program Guidelines. "Program Guidelines" means guidelines established by the Administrator that impose additional requirements on Lenders and Borrowers regarding the Program.
Real property. The term "real property" means any property, an interest in which is or is eligible to be recorded with the city register or the office of the Richmond county clerk by the possessor of such interest.
Renewable Energy System. "Renewable Energy System" means an energy generating system for the generation of electric or thermal energy, to be used primarily at the real property where such system is installed, except when the owner of real property is a commercial entity, by means of a solar thermal, solar photovoltaic, wind, geothermal, anaerobic digester gas-to-electricity systems, fuel cell technologies, or other renewable energy technology approved by the Authority not including the combustion or pyrolysis of solid waste.
Renewable Energy System Feasibility Study. "Renewable Energy System Feasibility Study" means a written study, conducted by a person certified pursuant to 19 RCNY § 58-05, the purpose of which is to determine the feasibility of installing a renewable energy system. For purposes of this chapter, a "Renewable Energy System Feasibility Study" must satisfy all applicable requirements set forth in the Program Guidelines.
Statement of Account. "Statement of Account" means the real property tax bill issued to an owner of real property by the Administering Agency.
Statement of Account Issue Date. "Statement of Account Issue Date" means the date on which the Administering Agency issues the Statement of Account.
Tax Lien. "Tax Lien" means a "tax lien" as defined in § 11-301 of the Administrative Code.
Trust. "Trust" means the NYCTL 1998-2 Trust, a not-for-profit trust organized under the laws of the State of Delaware, or another trust as determined by the City of New York.
(Added City Record 3/22/2021, eff. 4/21/2021; amended City Record 10/8/2021, eff. 11/7/2021; amended City Record 10/5/2023, eff. 11/4/2023)
