66 RCNY § 5-71 Implementation by Eligible Redistributor of Energy or Qualified Eligible Redistributor of Energy.
§ 5-71 Implementation by Eligible Redistributor of Energy or Qualified Eligible Redistributor of Energy.
(a) An eligible redistributor of energy or qualified eligible redistributor of energy shall reduce the energy services bills rendered to eligible revitalization area energy users that are not directly metered and that occupy, operate or manage premises in eligible buildings owned or leased by such redistributor by an amount equal, in the aggregate, to one hundred percent (100%) of each special rebate received by such redistributor.
(b) An eligible redistributor of energy or qualified eligible redistributor of energy shall individually and accurately meter or submeter the energy services sold or otherwise redistributed by such redistributor to each such eligible revitalization area energy user or other occupant of eligible buildings so as to enable a determination of each such user's or occupant's usage of energy services, provided such user or occupant occupies, operates or manages premises that equal or exceed the lesser of ten thousand (10,000) contiguous square feet in area or the entire floor of a building.
(c) In order to establish the usage of energy services attributable to the tenants occupying an eligible building, an eligible redistributor of energy or qualified eligible redistributor of energy shall have a load study performed by a licensed professional engineer on all non-eligible users that are not individually metered or submetered. In addition, such redistributor shall have all of the submeters attributable to non-eligible users read by a licensed professional engineer.
(d) If an eligible redistributor of energy or qualified eligible redistributor of energy charges amounts to eligible revitalization area energy users and other users that vary annually or more frequently with the costs incurred by such redistributor for the operation of common areas, systems and facilities, such redistributor shall reduce such charges by the portion of the special rebates attributable thereto.
(e) An eligible redistributor of energy or qualified eligible redistributor of energy shall allocate the reductions required by subdivision (a) of this 66 RCNY § 5-71 in direct proportion to each such eligible revitalization area energy user's use of energy services. Such reductions shall be determined as follows:
(1) The total amount of such redistributor's energy services bill shall be divided by the total amount of kilowatt hours used by the eligible building to determine the cost per kilowatt hour charge for the eligible building;
(2) If the premises of such eligible revitalization area energy user or other user are submetered, such reduction shall be established by multiplying: (A) the amount of energy services use determined by such submeter; by (B) the dollar per kilowatt charge determined in (1) above; by (C) the amount of the special rebate set forth in 66 RCNY § 5-65 or 66 RCNY § 5-67;
(3) If two or more eligible revitalization area energy users or other users share a submeter, the amount of the reduction to be shared by the eligible revitalization area energy users shall be determined in accordance with (2) above. This amount shall then be allocated among such users in direct proportion to the floor area of the premises occupied, operated or managed by each such user;
(4) If the premises of such eligible revitalization area energy user is not required to be submetered by these rules, such discount shall be determined as follows:
(A) Divide the portion of the special rebate received by all submetered eligible revitalization area energy users by their total square footage to determine the special rebate per square footage amount; and
(B) Multiply the special rebate per square footage amount determined in (A) above by the square footage of each non-submetered eligible revitalization area energy user to determine the amount of the special rebate each such non-submetered eligible revitalization area energy user is entitled to;
(5) The special rebate to be applied to common areas, systems and facilities shall be the total rebate received by the eligible building less: (A) the total special rebate received by each submetered eligible revitalization area energy user as determined in (2) above; and (B) the total special rebate received by each submetered eligible revitalization area energy user sharing a submeter as determined in (3) above; and (C) the total special rebate received by all non-submetered eligible revitalization area energy users as determined in (4) above.
(f) If the premises of an eligible revitalization area energy user are directly metered, such discount shall be determined by such meter.
(g) An eligible redistributor of energy or qualified eligible redistributor of energy shall limit charges to those eligible revitalization area energy users that are submetered in accordance with this section to a price for the purchase of energy services that shall be no higher than the price paid by such redistributor, provided that an additional fee, not exceeding twelve percent (12%) of such sales price, may be charged by such redistributor for energy services sold to such eligible revitalization area energy users.
(h) An eligible redistributor of energy or a qualified eligible redistributor of energy shall separately state in all energy bills rendered by such redistributor to an eligible revitalization area energy user for sales of energy services the amount of the reduction in charges for such services representing the share of the special rebate allocated to such user, or that no reduction has been made, and shall state the following: "You may be entitled to share a rebate which your landlord has received for charges for energy services pursuant to the revitalization area energy rebate program. The amount is separately stated and identified in this bill." Any deviation from this language must be approved in advance by DBS.
(i) An eligible redistributor of energy or qualified eligible redistributor of energy shall keep records verifying compliance with the requirements of LMEP, and allow DBS access to such records.
(j) An eligible redistributor of energy or qualified eligible redistributor of energy shall provide access to eligible buildings or targeted eligible buildings to DBS for the purpose of inspecting meters, submeters and other equipment and verifying the accuracy of any application or supplement thereto filed with DBS and DOF.