Applications

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

in effect

66 RCNY § 5-31 Forms and Filing of Application.

§ 5-31 Forms and Filing of Application. (a) All application forms may be obtained from DBS and, upon completion, shall be submitted to DBS. Only completed applications shall be considered by DBS in determining the applicant's eligibility, or ineligibility, under the Act and these rules. (b) A check for the non-refundable application filing fee specified in 66 RCNY § 5-34 shall be submitted by the applicant to the commissioner together with an executed original copy of the application.

66 RCNY § 5-32 Submission of an Application.

§ 5-32 Submission of an Application. (a) An applicant that applies after the effective date of these rules must comply with the following application procedures to be considered for eligibility under ECSP: (1) An applicant that is relocating to premises that may qualify as replacement premises must file an application prior to taking occupancy of such premises or the signing of a lease or contract of sale for such premises, whichever is earlier (except in the case of a contract of sale entered into subject to the approval of public or private financing). (2) An applicant that owns and occupies, manages or operates real property or a building that may qualify as specially eligible premises must file an application within the following time constraints, whichever is applicable: (i) prior to the approval of an inducement resolution by IDA to finance in whole or in part an applicant's IDA project; or (ii) prior to the signing of a lease approved by UDC or by the City in accordance with the applicable Charter provisions for premises contained on or within real property owned by the City or UDC; or (iii) after the filing of a preliminary application or final application with DOF for construction or renovation in connection with an ICIP project eligible to obtain ICIP benefits from DOF. (3) An applicant that is occupying premises within a building that it does not own, operate or manage and which building is the subject of an application for an initial certificate of eligibility as specially eligible premises must file an application within one hundred twenty (120) days of the effective date of the initial certificate of eligibility for such building to obtain a certificate of eligibility for such premises. (4) An applicant that takes occupancy of premises within a building that has previously qualified as specially eligible premises must file an application within one hundred twenty (120) days of taking occupancy of such premises, or of the signing of a lease or contract of sale for such premises, whichever is earlier. (5) No applicant shall be certified as eligible more than 5 years after the initial submission by such applicant pursuant to paragraphs (1) or (2) of subdivision (a) of this section, except where the approval of the application has been delayed by the actions or inactions of the City of New York and/or the applicant demonstrates to the commissioner that it has made substantial progress toward obtaining certification. An applicant that cannot make such demonstration will be given the opportunity to renew its application by updating its application with current information and by paying a new application fee according to the fee schedule currently in effect.

66 RCNY § 5-33 Contents of Application.

§ 5-33 Contents of Application. (a) The applicant shall have the affirmative burden of proving its eligibility to the satisfaction of the commissioner as to each and every fact contained in the application. The applicant shall provide DSBS with all information required in the application and deemed necessary or useful for the administration of ECSP, including but not limited to, the following: (1) applicant's name; telephone number; address at its current and previously occupied premises, where applicable; employer identification number; name of utility and utility customer number at the eligible premises, if available, and for the previously occupied premises, where applicable; number of present employees to be relocated or located at the eligible premises; length of time at the previously occupied premises, where applicable; names and addresses of any parent, subsidiaries, or affiliated companies; and the name and title of an individual authorized to complete the application on behalf of the applicant; and (2) a lease, contract of sale or deed for the eligible premises, whichever is applicable; copies of utility bills for the previously occupied premises and the eligible premises, where applicable; federal and state tax returns, as may be requested by the commissioner to verify among other things, occupancy at the eligible premises and the previously occupied premises, where applicable; (3) any other information, documentary or otherwise, including, but not limited to, sworn statements and other data, that the commissioner deems relevant to evaluate the applicant's application; and (4) a sworn statement agreeing to return all special rebates in excess of $10,000 per employee received during any calendar year, with interest calculated at the prime rate as specified in The New York Times published on the last day of that calendar year, compounded monthly. (b) In addition to the requirements of subdivision (a) of this 66 RCNY § 5-33, an applicant that purchases energy services from a vendor shall submit as part of its application in form and substance satisfactory to the commissioner, the following: (1) a written contract or lease agreement between the applicant and the vendor setting forth an agreement by such vendor to provide individual and accurate submetering of the applicant's premises, and stating as conditions for the sale of energy services from such vendor to the applicant that: (i) the applicant will be separately billed for its usage of energy services; and (ii) the price charged by such vendor for such energy services, electricity and/or natural gas, shall not exceed the limits set forth in 66 RCNY § 5-11(f)(ii); and (2) a written confirmation by such applicant's vendor to the commissioner stating the vendor's agreement to participate in ECSP by providing a special rebate to the applicant and by complying with the terms of the agreement referred to in paragraph (b)(1) of this 66 RCNY § 5-33. Pursuant to such written confirmation, the vendor shall agree to provide separate monthly bills to the applicant itemizing all charges for energy services consumed and separately state the applicable ECSP benefit. (c) In addition to the requirements of subdivision (a) and (b) of this section, an applicant seeking to be certified as a clean on-sight cogenerator shall provide evidence, acceptable to the commissioner, that the electricity generating facility seeking certification has an emission rate for nitrous oxides required of clean on-site cogenerators.

66 RCNY § 5-34 Application Filing Fee.

§ 5-34 Application Filing Fee. (a) For commercial buildings seeking designation as a specially eligible premises and commercial firms qualifying for ECSP by virtue of a relocation, the application fee shall be determined as set forth below: Gross Square Footage of Applicant's Premises Fee Less than 10,000 square feet $500 10,001 to 25,000 square feet $1,000 25,001 to 50,000 square feet $1,250 50,001 to 100,000 square feet $1,500 100,001 to 250,000 square feet $2,500 Over 250,000 square feet $5,000 In the case of an eligible owner (for example, a landlord) applying for ECSP benefits for a building, gross square footage for purposes of the filing fee is limited to square footage that is not or will not be occupied by tenants (i.e., common areas, equipment rooms etc.). (b) In addition to the filing fee, an applicant shall pay for all costs incurred as a result of any survey conducted by or at the request of the commissioner to develop or verify any factual matters relating to the application. (c) All fees shall be made payable by check or money order to the "New York City Department of Small Business Services".

66 RCNY § 5-35 Representations and Warranties.

§ 5-35 Representations and Warranties. (a) As part of the application and reports required by the Act or these rules, the applicant shall certify and make such representations and warranties as may, from time to time, be deemed necessary to ensure compliance with the provisions of all applicable laws and these rules, including, but not limited to, the following: (1) that all statements made by or on behalf of the applicant in connection with the application are made by a person authorized by the applicant to make such statements and having actual knowledge or documentary information sufficient to make informed and accurate statements, and that such person believes all such statements to be true; (2) that the applicant and its employees and agents will comply with and be in compliance with all provisions of federal, state and local laws, all local rules and executive orders, and these rules; (3) that the applicant is applying for a special rebate only to the extent described in the application and permitted by the Act and these rules; (4) That the applicant represents, acknowledges, covenants and agrees that it bears sole responsibility for paying the full amount of energy services costs to the appropriate utility, vendor or NYCPUS until such time as the special rebate (if any) granted to the applicant under ECSP is reflected on the applicant's bill; (5) that the applicant agrees to permit or cause permission to be granted to the City and its agents to inspect its premises and, in the case of an applicant relocating to replacement premises, the premises from which such applicant is relocating, upon notice during regular business hours; and (6) any other representations or warranties as may be required in the application or requested by the commissioner. (b) In addition to the requirements of subdivision (a) of this 66 RCNY § 5-35, the applicant shall covenant and agree to repay with interest at the prime rate, as reported in The New York Times (or similar periodical selected by the commissioner), on the effective date of its certificate of eligibility accrued from the date of receipt, the full amount of any special rebate that the applicant has received if subsequently it is determined by the commissioner that the applicant was ineligible to receive a special rebate for any reason.

66 RCNY § 5-36 Commissioner's Review; Certification of Eligibility Procedure.

§ 5-36 Commissioner's Review; Certification of Eligibility Procedure. (a) The commissioner shall review the application and grant or deny an applicant's application for a certificate of eligibility. (b) The commissioner shall consider the application submitted with supporting documentation, and any surveys conducted, and any other information pertaining to the application. (c) The commissioner shall execute and provide a certificate of eligibility to eligible applicants in accordance with Subchapter E of these rules.

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/0-0-0-91762Fetched: 10/24/2026