Eligibility Criteria and the Determination of the Special Rebate

RCNY tit. 66, ch. 5, subch. B

in effect

66 RCNY § 5-11 Energy Users.

§ 5-11 Energy Users. (a) Only eligible energy users, eligible owners, qualified eligible energy users and on-site cogenerators, as described in, and to the extent permitted by, the Act and these rules are eligible for special rebates under ECSP. (b) Eligible energy users, eligible owners, qualified eligible energy users and on-site cogenerators shall not include the following users of electricity and/or natural gas: (1) residential users; (2) government agencies; (3) public benefit corporations, or instrumentalities thereof; (4) hotels; and (5) retail vendors. (c) An eligible energy user is an applicant or recipient that meets the criteria in paragraph (1) of this subdivision or is an eligible owner that meets the criteria in paragraph (2) of this subdivision: (1) Such applicant or recipient: (i) purchases energy services from a utility, vendor or NYCPUS; (ii) relocates to and occupies premises that qualify as replacement premises or occupies premises that are specially eligible premises or a portion of such premises; and (iii) otherwise complies with all requirements of the Act and these rules applicable to an eligible energy user or (2) Such applicant or recipient, referred to as an eligible owner, (i) purchases energy services from a utility or NYCPUS; (ii) owns, operates or manages real property and/or a building, which building and/or real property qualifies as a specially eligible premises; and (iii) otherwise complies with all requirements of the Act and these rules applicable to an eligible owner. (3) An applicant or recipient may, if all requirements are met, qualify as both (i) an eligible owner and (ii) an eligible energy user and/or qualified eligible energy user. In such cases, the applicant or recipient may be an eligible owner with respect to the specially eligible premises as a whole and therefore may be entitled to a special rebate applied against certain eligible charges with respect to common areas and/or equipment, as provided in 66 RCNY § 5-13(c). Such an applicant or recipient may also be an eligible energy user or qualified eligible energy user with respect to the premises it occupies within such specially eligible premises or targeted eligible premises, as the case may be, and therefore may be entitled to a special rebate applied against certain other eligible charges or eligible public utility charges with respect to such premises, as provided in these rules. Provided, however, that no portion of energy services used by such an applicant or recipient shall be the basis for more than one special rebate. (d) A qualified eligible energy user is a recipient that: (i) has been certified as a qualified eligible energy user in accordance with the Act prior to November 1, 2000; (ii) purchases energy services from NYCPUS or a vendor that purchases such services from NYCPUS; and (iii) otherwise complies with all requirements of the Act and these rules applicable to a qualified eligible energy user. (e) (1) An on-site cogenerator is an applicant or recipient that: (i) meets the definition of a category I or category II on-site cogenerator or a clean on-site cogenerator in 66 RCNY § 5-02; (ii) purchases energy services relating to natural gas from a utility; (iii) otherwise complies with all requirements of the Act and these rules applicable to a category I or category II on-site cogenerator or a clean on-site cogenerator, respectively, and (iv) sells substantially all its electricity output to eligible energy users on the same site. (2) A category I or clean on-site cogenerator may, if all requirements are met, qualify as an eligible energy user with respect to charges for energy services that are not used in the production of electricity, including charges for the production of thermal product, provided, however, that no portion of energy services, or natural gas energy services in the case of a category I on-site cogenerator or a clean on-site cogenerator, used by such on-site cogenerator shall be the basis for more than one special rebate. (f) Notwithstanding the foregoing provisions of this section, an occupant of replacement premises, specially eligible premises, or targeted eligible premises shall not be an eligible energy user or qualified eligible energy user unless: (i) the energy services used and electricity and natural gas consumed by such occupant at such premises are individually and accurately metered or submetered and billed so as to enable a determination of the occupant's usage of and charges for energy services, natural gas and electricity; and (ii) for any occupant purchasing energy services, natural gas or electricity from a vendor, the price charged by such vendor shall be no higher than the price that the occupant would have been charged directly by a utility for energy services pursuant to the applicable tariffs of the PSC or FERC, provided that an additional fee, not exceeding 12% may be charged by such vendor; and (iii) such vendor shall separately state in each bill for such services, electricity and natural gas the price, charges and fees (if any) that are included in such bill and the amount of the special rebate made to such occupant or that no special rebate has been made.

66 RCNY § 5-12 Premises.

§ 5-12 Premises. (a) Criteria for replacement premises. (1) In order for an applicant's premises to qualify as replacement premises: (i) the applicant must take occupancy of such premises after May 3, 1985; (ii) the applicant must continue such occupancy while a special rebate is received; (iii) the premises must: (A) be non-residential; (B) be premises for which an applicant has entered into a written agreement to buy and/or lease after May 3, 1985; (C) be located in an eligible move-in area; (D) except as otherwise provided in subparagraph (E) of this paragraph, be premises with provisions to receive energy services either: (I) from a utility; (II) a vendor; or (III) NYCPUS; and (E) if such premises receive electricity from an on-site cogenerator, such on-site cogenerator shall occupy the same site as such premises; (iv) the premises such applicant previously occupied must have been located in an eligible move-out area, and the applicant must have occupied such premises for a continuous period of twenty-four (24) months during the thirty (30) month period immediately preceding the applicant taking occupancy of its new premises. (2) An applicant's new premises shall not be considered replacement premises if the new premises are occupied as the result of a merger of the applicant with or into any other person, firm or entity, or the acquisition, by the applicant, of all or substantially all of the capital stock or assets and properties of any other person, firm or entity, unless: (i) the new premises were formerly occupied by such other person, firm or entity; (ii) such other person, firm or entity: (i) had substantially ceased business operations at the new premises prior to occupancy by the applicant; and (ii) had either: (A) filed or acquiesced in the filing against it of a petition for any relief under any bankruptcy or similar law for the protection of debtors, prior to occupancy by the applicant; or (B) applied for or acquiesced in the appointment of a trustee or receiver for all or a substantial portion of its assets and properties, prior to occupancy by the applicant; (iii) the applicant transfers or relocates, from its previously occupied premises to the new premises, a substantial amount of personnel, and/or machinery or equipment, and/or other tangible assets, and/or executory contracts (contracts not yet performed in whole or in part, and which will be performed at the new premises); and (iv) the applicant conducts, at the new premises, the same type of business conducted at its previously occupied premises and/or a type of business reasonably related thereto or constituting a reasonable expansion or growth therefrom. (b) Criteria for specially eligible premises. (1) Specially eligible premises shall meet the applicable requirements of subdivision (i) of § 22-601 of the Code and: (i) the real property and/or building in which such premises are located shall be substantially improved by construction or renovation as described or identified in either: (A) an ICIP pre-application or application filed by the owner, manager or operator of the real property and/or building; or (B) an IDA application filed by such owner, operator or manager; or (C) a lease for the real property submitted for approval to UDC or to the City in accordance with the applicable Charter provisions (provided that such lease need not describe or identify buildings located or to be located on such real property), whichever is applicable; (ii) the expenditures for such construction or renovation required by subdivision (i) of § 22-601 of the Code shall occur either: (A) subsequent to the filing of such final application or preliminary application with ICIP, and the issuance of a building permit, if required, for such construction or renovation; or (B) subsequent to the receipt of an inducement resolution from IDA for the project described in such IDA application; or (C) subsequent to the approval of the lease described in subparagraph (4) or (5) of subdivision (i) of § 22-601 of the Code by UDC or by the City in accordance with the applicable Charter provisions; (iii) for applications made after the effective date of these rules, the expenditures made for such construction or renovation described in paragraph (1) of this subdivision (b) of this 66 RCNY § 5-12, must be in excess of ten percent (10%) of the assessed value of the real property and building in the tax year in which such construction or renovation commenced; (iv) the real property and building are located in an eligible move-in area; (v) the premises have provisions to receive energy services either: (I) directly from a utility; or (II) from a vendor; or (III) from NYCPUS; (vi) the applicant must take occupancy of such premises and continue in such occupancy while benefits are received; (vii) if such premises receive electricity from an on-site cogenerator, such on-site cogenerator shall occupy the same site as such premises; and (viii) if the applicant's premises are contained in a newly constructed building, such building must meet the requirements of the New York State Energy Conservation Construction. (2) Notwithstanding the provisions set forth in subparagraph (A), paragraph (1) of this subdivision (b), an applicant that occupies premises within a building that would otherwise qualify as eligible to receive benefits under ICIP except that the real property on which such building is located is exempt from real property taxation, may be eligible as an occupant of premises within specially eligible premises, if all other applicable requirements of eligibility of this Subchapter B are met and such applicant receives a certification from DOF stating that the premises are within a building for which expenditures for improvements have been made in compliance with the applicable provisions of subdivision (i) of § 22-601 of the Code and this paragraph (b). (c) Special criteria applicable to manufacturing premises located in Manhattan below 96th Street. Non-residential premises contained in real property located in the area lying south of the center line of 96th Street in the Borough of Manhattan may qualify as specially eligible premises if the criteria in paragraph (4) of subdivision (i) of § 22-601 of the Code and the provisions of subdivision (b) of this 66 RCNY § 5-12 for specially eligible premises are otherwise satisfied where such premises are used primarily for manufacturing activities, provided such premises shall be improved as a result of expenditures in an amount in excess of ten per centum of the assessed value of such real property attributable to such premises at which such real property was assessed for tax purposes for the tax year in which such improvements commenced.

66 RCNY § 5-13 Charges.

§ 5-13 Charges. (a) Eligible charges. (1) Eligible charges are charges for energy services purchased by an eligible energy user, an eligible owner, or a qualified eligible energy user from a utility or from a vendor at a rate or rates established pursuant to an order or rule of the PSC or FERC, other than charges for the purchase of the commodity of natural gas or electricity, and shall include applicable rate reductions for economic development or similar purposes, and all taxes payable thereon and shall exclude charges in accordance with paragraph (2) of this subdivision (a). (2) Eligible charges shall not include the following charges: (i) any special charges on such bills relating to energy services, including, but not limited to, collection charges, late payment charges, excess distribution charges, or any additional fee charged by a vendor to an eligible energy user for energy services, as authorized by 66 RCNY § 5-11(f)(ii); (ii) charges for energy services that are resold; and (iii) charges for energy services used in the production of electricity or for heating the premises. (b) Eligible public utility service charges. (1) Eligible public utility service charges are actual charges for energy services provided by a public utility service, including charges for public utility service administrative services, and shall include all taxes payable thereon, and shall exclude charges in accordance with paragraph (2) of this subdivision (b). (2) Eligible public utility service charges shall not include the following charges: (i) any special charges on such bills relating to energy services, including, but not limited to, collection charges, late payment charges, excess distribution charges, or any additional fee charged by a vendor to an eligible energy user or qualified eligible energy user for energy services, as authorized by 66 RCNY § 5-11(f)(ii); (ii) charges for such energy services that are resold; and (iii) charges for energy services used in the production of electricity or for heating the premises. (c) Eligible charges for common areas in specially eligible premises. (1) With respect to an eligible owner that owns, operates or manages specially eligible premises or targeted eligible premises in which at least fifty percent (50%) of the square footage of such specially eligible premises is occupied by recipients, eligible charges or eligible public utility service charges shall include the following: (i) eligible charges or eligible public utility charges for any common areas within the specially eligible premises, including but not limited to, the elevators, roof, parking garages, lobby, and vestibules; and (ii) eligible charges or eligible public utility charges for the office space that is reasonably required for use by the eligible owner for the operation or management of the specially eligible premises, as determined by the commissioner, if applicable. (d) Eligible on-site cogenerator charges. (1) Eligible on-site cogenerator charges are charges for energy services purchased by a category II on-site cogenerator from a utility related to the delivery of natural gas to such co-generator at rates established pursuant to an order or rule of the PSC or the FERC, and shall include applicable rate reductions for economic development or similar purposes, and all taxes payable thereon and shall exclude charges in accordance with paragraph (2) of this subdivision. (2) Eligible on-site cogenerator charges shall not include the following charges: (i) any special charges on such bills relating to energy services, including, but not limited to, collection charges, late payment charges, excess distribution charges, or any additional fee charged by a vendor to an eligible energy user for energy services, as authorized by 66 RCNY § 5-11(f)(ii); (ii) charges for energy services that are resold; (iii) charges for energy services used for heating the premises; and (iv) any charges that qualify as eligible charges and for which special rebates are provided under other provisions of ECSP. (e) Determination of eligible charges, eligible public utility service charges, and eligible on-site cogenerator charges by the commissioner. (1) The commissioner shall base his or her determination of which charges are eligible charges, eligible public utility charges, or eligible on-site cogenerator charges based upon: (i) representations and/or certifications made by the applicant in its application to ECSP; (ii) a review of the applicant's prior energy services bills; (iii) a site visit; and/or (iv) any other relevant factors relating to use and occupancy that is deemed by the commissioner to be relevant in making such a determination. (2) An eligible energy user, qualified eligible energy user, or category II on-site co-generator has the burden of demonstrating to the commissioner that charges for energy services are eligible charges, eligible public utility service charges, or eligible on-site cogenerator charges, respectively. If a determination of eligible charges, eligible public utility service charges, or eligible on-site cogenerator charges cannot be ascertained by the commissioner without a survey or the eligible energy user, qualified eligible energy user, or category II on-site cogenerator is not satisfied with the commissioner's determination of such charges, such user may request that the commissioner cause a survey to be conducted by a licensed professional engineer satisfactory to DSBS at such user's expense, of the applicant's usage of energy services. Upon completion of the survey, the professional who prepares such survey shall submit the report, together with a certification as to the amount of eligible charges or eligible public utility service charges to the commissioner for his or her review. (3) The commissioner, after reviewing all relevant documentation submitted by the applicant, shall, in his or her sole discretion, determine those charges that constitute the eligible energy user's, qualified eligible energy user's, or category II on-site cogenerator's eligible charges, eligible public utility service charges, or eligible on-site cogenerator charges to which a special rebate may be applied. If such user disagrees with the commissioner's findings, such user may request an opportunity to be heard in accordance with 66 RCNY §§ 5-45, 5-46 and 5-47.

66 RCNY § 5-14 Special Rebates.

§ 5-14 Special Rebates. (a) (1) A utility that sells energy services to an eligible energy user or eligible owner that applied for ECSP benefits after October 31, 2000, shall be required to make a special rebate to such user equal to the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-16 and the eligible charges for such energy services. (2) A utility other than LIPA that sells energy services to an eligible energy user or eligible owner that applied for ECSP benefits prior to November 1, 2000 shall be required to make a special rebate to such user equal to the product of the applicable percentage specified for special rebates in the schedule contained in § 5-18 of these rules and the eligible charges for such energy services. (3) A utility that sells energy services to a category II on-site cogenerator shall be required to make a special rebate to such cogenerator equal to the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-16 and the eligible on-site cogenerator charges for such energy services. (b) Where, pursuant to a written agreement between NYCPUS and the power authority of the state of New York, NYCPUS sells energy services to an eligible energy user or eligible owner that has been individually approved by such power authority and certified as an eligible energy user or eligible owner pursuant to § 22-602(c) of the Code prior to November 1, 2000, NYCPUS shall make such special rebate to such user in the amount or amounts derived by calculating the full amount of the special rebate to which such eligible energy user or eligible owner would have been entitled pursuant to the schedule contained in 66 RCNY § 5-18 for eligible charges relating to the purchase of such energy services had such user purchased such energy services directly from the utility, and subtracting from such full amount the difference between the eligible charges relating to the purchase of such energy services had such eligible energy user or eligible owner purchased the energy services directly from the utility and the eligible public utility service charges relating to the purchase of such energy services actually charged to such eligible energy user by NYCPUS for actual purchases of energy services from NYCPUS; except that (i) in no event shall the amount of such special rebate exceed the amount of the special rebate to which such eligible energy user would have been entitled pursuant to the schedule contained in 66 RCNY § 5-18 had such eligible energy user or eligible owner purchased the energy services directly from the utility at the price charged by such utility, and (ii) for any monthly billing period where the calculation of such special rebate results in a negative number, the amount of such special rebate shall be deemed to be zero. (c) (1) Where, pursuant to a written agreement between NYCPUS and the power authority of the state of New York, NYCPUS sells energy services to an eligible energy user or eligible owner that has been individually approved by such power authority, has applied for ECSP benefits after October 31, 2000, NYCPUS shall make such special rebate in the amount of the product of the applicable percentage for special rebates specified in the schedule contained in 66 RCNY § 5-16 and the eligible public utility service charges for such energy services. (2) Where, pursuant to such an agreement, NYCPUS sells energy services to a qualified eligible energy user that has been individually approved by such power authority, applied for ECSP benefits prior to November 1, 2000, regardless of the date of certification, NYCPUS shall make such special rebate in the amount of the product of the applicable percentage for special rebates specified in the schedule contained in 66 RCNY § 5-18 and the eligible public utility service charges for such energy services. (3) A user or owner that applied for ECSP benefits as a qualified eligible energy user before November 1, 2000, but was not certified pursuant to 66 RCNY § 5-36 as such prior to such date, may be certified as an eligible energy user after such date and the special rebates to which such user or owner is eligible shall be determined pursuant to 66 RCNY § 5-18 in accordance with these rules. (d) (1) A vendor that sells energy services provided by a utility to an eligible energy user, eligible owner, or on-site cogenerator that applied for ECSP benefits after October 31, 2000, may elect to provide a special rebate that shall be the product of the applicable percentage for special rebates specified in the schedule contained in 66 RCNY § 5-16 and the eligible charges or eligible on-site cogenerator charges for such sales of energy services made by such vendor. (2) A vendor that sells energy services provided by a utility to an eligible energy user, eligible owner, or on-site cogenerator that applied for ECSP benefits prior to November 1, 2000, may elect to provide a special rebate that shall be the product of the applicable percentage for special rebates specified in the schedule contained in § 5-18 of these rules and the eligible charges or eligible on-site cogenerator charges for such sales of energy services made by such vendor. (e) (1) A vendor that sells energy services provided by NYCPUS to an eligible energy user or eligible owner that applied for ECSP benefits after October 31, 2000, may elect to provide a special rebate that shall be the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-16 and the eligible public utility service charges for sales of energy services made by such vendor. (2) A vendor that sells energy services provided by NYCPUS to a qualified eligible energy user that was certified pursuant to § 22-602(c) of the Code prior to November 1, 2000, or to an eligible energy user or eligible owner that applied for ECSP benefits prior to November 1, 2000 and was certified pursuant to 66 RCNY § 5-36 after October 31, 2000 may elect to provide a special rebate that shall be the product of the applicable percentage specified for special rebates in the schedule contained in 66 RCNY § 5-18 and the eligible public utility service charges for sales of energy services made by such vendor. (f) (1) A utility that delivers natural gas to a category I on-site cogenerator that produces electricity for an eligible energy user or eligible owner certified before July 1, 2003, and a utility that delivers natural gas to a clean on-site cogenerator that produces electricity for an eligible energy user and is certified after June 30, 2003, shall be required to make special rebates against the energy bill rendered to such on-site cogenerator by such utility for the sale or delivery, or both, of such gas in the amount or amounts derived by taking the product of 4.44 cents multiplied by an eligibility factor, multiplied by the number of kilowatt hours of electricity produced by such on-site cogenerator and used by such eligible energy user or eligible owner during the billing period, excluding the charges for electricity used for heating any premises, any special charges on such bill, including but not limited to, collection charges, late payment charges, or excess distribution charges, and charges for energy that is resold; where the eligibility factor shall equal 100 percent during the first eight years after initial certification as an eligible energy user, 80 percent during the 9th such year, 60 percent during the 10th such year, 40 percent during the 11th such year and 20 percent during the 12th and final such year, such years to be calculated in accordance with the provisions of 66 RCNY § 5-19. Provided, however, that the number of kilowatt hours of electricity on which the total of the special rebates payable to a clean on-site cogenerator is based in any calendar or fiscal year as specified by the commissioner pursuant to the formula set forth in this paragraph shall not exceed 13,140,000. (2) i) A category I on-site cogenerator and a clean on-site cogenerator may be eligible to receive special rebates based on eligible charges for transportation of natural gas that is not used in the production of electricity. If eligible, such special rebate for a category I cogenerator providing electricity to an eligible energy user that applied before November 1, 2000, shall be equal to the product of such eligible charges and the rebate percentage determined in accordance with 66 RCNY § 5-18. If eligible, such special rebate for a clean on-site cogenerator or a category I on-site cogenerator providing electricity to an eligible energy user that applied after October 31, 2000, shall be equal to the product of such eligible charges and the rebate percentage determined in accordance with 66 RCNY § 5-16. (g) Determination of special rebates payable to category I on-site cogenerators and clean on-site cogenerators by the commissioner. (1) The commissioner shall have the authority to determine the information he or she requires to review and determine appropriate special rebates payable under this section. He or she may require electric and/or thermal production to be metered in a reliable manner and that site visits be made to verify meter readings. (2) A category I on-site co-generator or clean on-site cogenerator has the burden of demonstrating to the commissioner the amount of electricity generated by the cogenerator and the purposes for which such electricity is used. If a determination of such amount or use cannot be made by the commissioner without a survey or such cogenerator is not satisfied with the commissioner's determination, the commissioner may require, or such user may request, that a survey of the applicant's production and usage of energy services be conducted by a person with experience in conducting such surveys satisfactory to DSBS at such user's expense. Upon completion of the survey, the person who prepares such survey shall submit his or her report, together with a certification as to the amount electricity produced and its use to the commissioner for his or her review. (3) A clean on-site cogenerator shall have the burden of demonstrating to the commissioner that its nitrous oxide emissions will not exceed the emissions threshold described herein. If a determination of such amount or use cannot be made by the commissioner without a survey or such cogenerator is not satisfied with the commissioner's determination, the commissioner may require, or such user may request, that a survey of the applicant's production and usage of energy services be conducted by a person with experience in conducting such surveys satisfactory to DSBS at such user's expense. Upon completion of the survey, the person who prepares such survey shall submit his or her report, together with a certification as to the plant's emissions. (4) The commissioner, after reviewing all relevant documentation submitted by the applicant, shall, in his or her sole discretion, determine the special rebate to which such category I cogenerator or clean on-site cogenerator is entitled. If such user disagrees or with the commissioner's findings, such user may request an opportunity to be heard in accordance with 66 RCNY §§ 5-45, 5-46 and 5-47.

66 RCNY § 5-15 Discounts.

§ 5-15 Discounts. (a) A utility that sells energy services to a vendor of energy services shall be required to make a discount to such vendor in an amount equal to the sum of the special rebates certified to such utility by such vendor as having been made by such vendor to eligible energy users and eligible owners in accordance with 66 RCNY § 5-14. (b) A utility that sells energy services to a public utility service shall be required to make a discount to such public utility service in an amount equal to the sum of the special rebates and discounts certified to such utility by such public utility service as having been made by such public utility service in accordance with 66 RCNY § 5-14. (c) NYCPUS shall be required to make a discount to a vendor to which it sells energy services equal to the sum of the special rebates certified to NYCPUS by such vendor as having been made by such vendor to eligible energy users, eligible owners or qualified eligible energy users to which such vendor of energy services has resold such energy.

66 RCNY § 5-16 Table of Percentages Applicable to the Calculation of Special Rebates for Users that Applied for ECSP Benefits After October 31, 2000.

§ 5-16 Table of Percentages Applicable to the Calculation of Special Rebates for Users that Applied for ECSP Benefits After October 31, 2000. Schedule of Special Rebates Months During Benefit Period Applicable % for Natural Gas Applicable % for Electricity First through ninety-sixty 35% 45% Ninety-seventh through one hundred eighth 28% 36% One hundred ninth through one hundred twentieth 21% 27% One hundred twenty-first through one hundred thirty-second 14% 18% One hundred thirty-third through one hundred forty-fourth 7% 9%

66 RCNY § 5-17 Special Rebates for Those that Applied for ECSP Benefits Prior to November 1, 2000 and are Certified Prior to July 1, 2001. [Repealed]

66 RCNY § 5-18 Special Rebates for Those that Applied for ECSP Benefits Prior to November 1, 2000.

§ 5-18 Special Rebates for Those that Applied for ECSP Benefits Prior to November 1, 2000. (a) Paragraph (4) of subdivision (a) of § 22-602 of the Code states that the commissioner may increase the applicable percentages set forth in 66 RCNY § 5-16 "in order to maintain the special rebate at levels comparable to those historically provided under the program, pursuant to rules that are generally applicable to distinct classes of energy users." In accordance with this provision, the percentages set forth in 66 RCNY § 5-18(b) shall be applicable to the calculations of special rebates for all eligible energy users, eligible owners, and qualified eligible energy users that applied for ECSP benefits prior to November 1, 2000. These percentages shall be in place from the first billing cycle beginning on or after April 30, 2003. (b) For all billing cycles prior to the ninety-seventh month of each of the above-noted eligible energy user's, eligible owner's and qualified eligible energy user's benefit period occurring during the period beginning on or after April 30, 2003, each such user shall receive rebates on eligible charges as specified in this paragraph; provided that the applicable rebate percentages shall not, for any affected electric or natural gas account, exceed 100% of the eligible charges or eligible public utility service charges charged in any billing cycle. (1) The rebate percentage to be applied to eligible charges for electrical-related energy services provided by Con Edison pursuant to its "PSC No. 9 – Electricity Rate Schedule" or "PSC No. 2 – Retail Access Rate Schedule" shall equal the percentages specified in Attachment A of Appendix A to these rules, which shall vary depending on such user's average monthly load factor, applicable service classification and the applicable rate, and whether such user receives discounts on service pursuant to a service rider. If, for any affected user, eligible charges for electrical-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification, the rebate percentages specified in Attachment A of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to such user. To the extent that any user is served under Con Edison's "PSC No. 9 – Electricity Rate Schedule" its rebate percentages shall be determined as if such user were served under Con Edison's PSC No. 2 – Retail Access Rate Schedule. (2) The rebate percentage to be applied to eligible charges for natural gas-related energy services provided by Con Edison pursuant to its "PSC No. 9 – Gas Rate Schedule" shall equal the percentages specified in Attachment C of Appendix A to these rules, which shall vary depending on such user's average monthly consumption, applicable service classification and the applicable rate, and whether such user receives discounts on energy services rates pursuant to a service rider or other tariff provision. If, for any affected user, eligible charges for natural gas-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification or if discounted service was provided to part of the consumption rendered through an account pursuant to a service rider or tariff provision, the rebate percentages specified in Attachment C of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to such user. To the extent that such user is served under "PSC No. 9 – Gas Rate Schedule," its rebate percentages shall be determined as if such user were served under the corresponding full-service rate and service classification and rate. (3) (A) Except as otherwise provided in subparagraph (B) of this paragraph (3), the rebate percentage to be applied to eligible charges for natural gas-related energy services provided by Keyspan pursuant to its "PSC No. 12 – Gas Rate Schedule" shall equal the percentages specified in Attachment D of Appendix A to these rules, which shall vary depending on the user's average monthly consumption, the applicable service classification and the applicable rate, and whether the user receives discounts on energy services rates pursuant to a service rider or other tariff provisions. If, for any affected user, eligible charges for natural gas-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification or if discounted service was provided to part of the consumption rendered through an account pursuant to a service rider or tariff provision, the rebate percentages specified in Attachment D of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider or other tariff discount applies to such user. (B) The special rebate levels applicable, pursuant to this paragraph (3), to eligible charges for energy services procured by an eligible energy user from KeySpan pursuant to service classification 4A (High Load Factor service) of its "PSC No. 12 – Natural Gas Rate Schedule" shall be increased during the period beginning on or after April 30, 2003 and ending no later than October 31, 2004, by the amounts set forth in Schedule D-1 of Appendix A of these rules, depending on the user's average monthly consumption, for all eligible energy users that applied for ECSP benefits prior to November 1, 2000 and were certified before February 1, 2001. The special rebate levels applicable, pursuant to this paragraph (3), to eligible charges for energy services procured by an eligible energy user from KeySpan pursuant to service classification 4A (High Load Factor service) of its "PSC No. 12 – Natural Gas Rate Schedule" shall be increased during the period beginning on April 30, 2003 and ending no later than October 31, 2004, by the amount equal to half the amount set forth in such Schedule D-1, depending on the user's average monthly consumption, for all eligible energy users that applied for ECSP benefits prior to November 1, 2000 and were certified during the period beginning on or after January 31, 2001 and ending on or before September 30, 2002. (4) The rebate percentage to be applied to eligible public utility service charges for electrical-related energy services provided by NYCPUS pursuant to its "Service Tariff No. 4 Rate Schedule" shall equal the percentages specified in Attachment B of Appendix A to these rules, which shall vary depending on the user's average monthly load factor, the applicable service classification and the applicable rate, and whether the user receives discounts on service pursuant to a service rider. If, for any affected user, eligible public utility service charges for electrical-related energy services were rendered at more than one service classification and/or at more than one rate for a service classification, the rebate percentages specified in Attachment B of Appendix A to these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to the user. (5) The rebate percentage to be applied to eligible charges for natural gas-related energy services provided by a local distribution utility pursuant to an individually-negotiated natural gas sales contract entered into prior to November 1, 2001 and having a transportation price of less than $1.50 per dekatherm, shall be 100%. (6) The rebate percentage to be applied to eligible charges for energy services provided by LIPA to an eligible energy user or eligible owner that applied for ECSP benefits before November 11, 2000 shall be 49% to the extent services are received through the Power for Jobs program and 57% to the extent energy services are provided by LIPA under its other commercial rates. (c) For all billing cycles after the ninety-sixth month of each of the above-noted user's benefit period and thereafter during the period beginning with the first billing cycle following June 1, 2001, the applicable rebate percentages on eligible charges, determined as specified in 66 RCNY § 5-18(b), shall be multiplied by an adjustment factor, depending on the month of the benefit period in which the energy services were rendered; provided that the applicable rebate percentages shall not, for any affected electric or natural gas account, exceed 100% of the eligible charges charged in any billing cycle. The adjustment factors are as follows: Month of Benefit Period Adjustment Factor 97 through 108 0.8 109 through 120 0.6 121 through 132 0.4 133 through 144 0.2 145 and thereafter 0.0

66 RCNY § 5-19 Benefit Period.

§ 5-19 Benefit Period. (a) Except as set forth in (b) of this 66 RCNY § 5-19, all recipients shall be eligible to receive a special rebate for a period not to exceed one hundred and forty-four (144) consecutive months commencing at the beginning of the month immediately following the effective date of their certificate of eligibility. (b) A recipient that occupies premises within specially eligible premises after the effective date on which an initial certificate of eligibility of the first eligible energy user occupying such premises is eligible to receive a special rebate for the remaining portion of the benefit period prescribed in such certificate of eligibility for such premises.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-91600Fetched: 10/24/2026