Eligibility and Amount of the Special Rebate

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

in effect

66 RCNY § 5-61 Eligible Building.

§ 5-61 Eligible Building. To qualify as an eligible building, a building shall be located in an eligible revitalization area and: (a) shall meet the criteria set forth in paragraphs (1), (2), (3) or (4) below: (1) such building is eligible to obtain benefits under Title 2-D of Article 4 of the Real Property Tax Law, or would be eligible to receive benefits under such title except that such property is exempt from real property taxation and the requirements of paragraph (b) of subdivision seven of section four hundred eighty-nine-dddd of such law have not been satisfied, provided that application for such benefits was made after June 30, 1995, and before July 1, 2005, that construction or renovation of such building or structure was described in such application, that such building or structure has been substantially improved by such construction or renovation, and that the minimum required expenditure as defined in such title has been made within such period of time established by the applicable provisions of Title 2-D of Article 4 of the Real Property Tax Law for the construction of a new building or structure; or (2) such building is the subject of an IDA inducement resolution adopted by the IDA after June 30, 1995 and before July 1, 2005, to receive financing by IDA, provided that IDA financing has been used in whole or in part to substantially improve the building by construction or renovation, that expenditures made for improvements to the building have been made in excess of twenty percent (20%) of the assessed value of the real property and buildings, and that such expenditures have been made within thirty-six (36) months after the earlier of: (A) the issuance by IDA of bonds for such financing; or (B) the conveyance of title to such building to IDA; or (3) such building is owned by the City or UDC, and is subject to a lease that was approved in accordance with the applicable provisions of the Charter or by UDC's board of directors, as the case may be, and such approval was obtained after June 30, 1995, and before July 1, 2005, provided that expenditures have been made for improvements to such real property in excess of twenty percent (20%) of the assessed value of the real property and buildings, and that such expenditures have been made within thirty-six (36) months after the effective date of such lease; or (4) is eligible to obtain benefits as mixed-use property, or would be eligible to obtain benefits as mixed-use property except that such building is exempt from real property taxation and the requirements of paragraph (b) of subdivision ten of section four hundred eighty-nine-ccccc of the Real Property Tax Law of the State of New York have not been satisfied, provided that application was made after June 30, 1995, and before July 1, 2000, that such building has been substantially improved by such renovation, and that the minimum required expenditure as defined in such title has been made; (b) such construction or renovation described in subdivision (a) of this section shall occur subsequent to filing for a building permit for such construction or renovation. In the case where a building permit is not required for renovation or construction (e.g., installation of machinery), an application shall be filed prior to beginning any work on the building the expenditures for which are described in subdivision (a) of this section. Such fact must be documented by a written statement by a licensed professional architect or licensed professional engineer sworn to or affirmed under penalties of perjury; (c) such building or portion thereof shall have provisions to receive electricity either: (i) directly from a utility; or (ii) from NYCPUS; and (d) such building or portion thereof is metered or submetered in accordance with the provisions set forth in 66 RCNY § 5-63(d)(1).

66 RCNY § 5-62 Eligible Redistributor of Energy.

§ 5-62 Eligible Redistributor of Energy. (a) Only eligible redistributors of energy and qualified eligible redistributors of energy, as described in, and to the extent permitted by, the Act and these rules, are eligible for special rebates under LMEP. (b) To qualify for benefits as an eligible redistributor of energy, an applicant must own or lease an eligible building, or a portion thereof, and purchase energy services on a metered basis from a utility or NYCPUS, and: (1) i) resell or otherwise redistribute such energy services to one or more eligible revitalization area energy users that occupy such eligible building; or (ii) consume or use such energy services itself and qualify as an eligible revitalization area energy user; and (2) individually and accurately meter or submeter the energy services it redistributes in accordance with the provisions set forth in 66 RCNY § 5-63(d)(1). (c) A person that owns or leases any portion of an eligible building containing mixed-use property shall not be an eligible redistributor of energy unless that portion of such mixed-use property used for commercial purposes is metered by a utility or NYCPUS directly and separately from other portions of such mixed-use property.

66 RCNY § 5-63 Eligible Revitalization Area Energy Users.

§ 5-63 Eligible Revitalization Area Energy Users. (a) To qualify for benefits as an eligible revitalization area energy user, a person shall: (1) purchase or otherwise receive energy services for its own use either directly from a utility or NYCPUS or from an eligible redistributor of energy or a qualified eligible redistributor of energy; (2) occupy, operate or manage premises in an eligible building or a targeted eligible building; and (3) be metered or submetered in accordance with the provisions set forth in subdivision (d) of this 66 RCNY § 5-63. (b) A person shall not qualify as an eligible revitalization area energy user if such person engages in any of the following activities or uses in an eligible building or targeted eligible building: (1) occupying residential space; (2) engaging primarily in manufacturing activity; (3) operating a hospital; (4) operating a hotel; or (5) occupying retail space. (c) An eligible redistributor of energy shall be an eligible revitalization area energy user with respect to: (1) vacant premises within an eligible building which have been constructed or renovated by such eligible redistributor of energy for occupancy by an eligible revitalization area energy user other than such eligible redistributor of energy; and (2) common areas, systems and facilities to the extent such common areas, systems and facilities are used by eligible revitalization area energy users and such usage is not billed to such users, except that a person shall not be an eligible revitalization area energy user of common areas, systems and facilities located in mixed-use buildings unless such common areas, systems and facilities are separate from the common areas, systems and facilities that serve that portion of the mixed-use property used for residential purposes and serve only that portion of such mixed-use property used for commercial purposes. (d) A person shall not qualify as an eligible revitalization area energy user if the premises occupied, operated or managed by such person: (1) exceed the lesser of ten thousand (10,000) contiguous square feet in area or the entire floor of an eligible building or targeted eligible building and are not individually and accurately metered or submetered to determine the occupant's usage of energy services. A person that occupies more than one (1) floor of an eligible building or targeted eligible building or more than ten thousand (10,000) contiguous square feet, is required to have only one (1) meter or submeter for its premises; or (2) are located in that portion of mixed-use property used for commercial purposes, and such portion is not metered by a utility or NYCPUS directly and separately from other portions of such mixed-use property.

66 RCNY § 5-64 Eligible Charges and Eligible Public Utility Service Charges.

§ 5-64 Eligible Charges and Eligible Public Utility Service Charges. (a) Eligible charges. (1) Eligible charges are charges for energy services purchased from a utility 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 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) charges for energy services used by persons that are not eligible revitalization area energy users; (ii) any special charges on bills relating to such energy services, including, but not limited to, collection charges, late payment charges or excess distribution charges, or any additional fee charged by an eligible redistributor of energy for energy services, as authorized by 66 RCNY § 5-71(g); and (iii) charges for energy services used for common areas, systems and facilities to the extent such services are excluded pursuant to subparagraph (3)(ii) of this section. (3) i) Except as set forth in subparagraph (ii) of this subdivision, eligible charges shall include charges for energy services used for common areas, systems and facilities of an eligible building meeting the criteria set forth in paragraphs (1), (2) or (3) of 66 RCNY § 5-61(a) to the extent such common areas, systems and facilities are used by eligible revitalization area energy users, except that charges attributable to other users, if minor and incidental, may be included in eligible charges for such common areas, systems and facilities. (ii) Eligible charges shall not include charges for energy services used for common areas, systems and facilities of an eligible building meeting the criteria set forth in 66 RCNY § 5-61(a)(4), unless such common areas, systems and facilities are separate from the common areas, systems and facilities that serve that portion of the mixed-use property used for residential purposes and serve only that portion of such mixed-use property used for commercial purposes. (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 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) charges for energy services used by persons that are not eligible revitalization area energy users; (ii) any special charges on such bills relating to energy services, including, but not limited to, collection charges, late payment charges or excess distribution charges, or any additional fee charged by an eligible redistributor of energy or qualified eligible redistributor of energy for energy services, as authorized by 66 RCNY § 5-71(g); and (iii) charges for energy services used for common areas, systems and facilities to the extent such energy services are excluded pursuant to paragraph (3)(ii) of this section. (3) i) Except as set forth in subparagraph (ii) of this subdivision, eligible public utility charges shall include charges for energy services used for common areas, systems and facilities of an eligible building meeting the criteria set forth in paragraphs (1), (2) or (3) of 66 RCNY § 5-61(a) or a targeted eligible building meeting the criteria set forth in paragraph (1), (2) or (3) of subdivision (q) of § 25-aa of the Act to the extent such common areas, systems and facilities are used by eligible revitalization area energy users, except that charges attributable to other users, if minor and incidental, may be included in eligible charges for such common areas, systems and facilities. (ii) Eligible public utility service charges shall not include charges for energy services used for common areas, systems and facilities of an eligible building meeting the criteria set forth in 66 RCNY § 5-61(a)(4) or a targeted eligible building meeting the criteria set forth in paragraph (4) of subdivision (q) of § 25-aa of the Act, unless such common areas, systems and facilities are separate from the common areas, systems and facilities that serve that portion of the mixed-use property used for residential purposes and serve only that portion of such mixed-use property used for commercial purposes. (c) (1) An eligible redistributor of energy or qualified eligible redistributor of energy has the burden of demonstrating to the commissioner that charges for energy services are eligible charges or eligible public utility service charges. If a determination of such charges cannot be ascertained by the commissioner without a survey or such redistributor is not satisfied with the commissioner's determination of such redistributor's eligible charges or eligible public utility service charges, such redistributor may request that the commissioner cause a survey to be conducted by a licensed professional engineer satisfactory to DBS at such redistributor's expense. 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. (2) The commissioner, after reviewing all relevant documentation submitted by the applicant, shall, in his or her sole discretion, determine the amount of charges that constitute the eligible redistributor's or qualified eligible redistributor's eligible charges or eligible public utility service charges to which a special rebate may be applied. If such redistributor disagrees with the commissioner's findings, such redistributor may request an opportunity to be heard in accordance with the procedures set forth in 66 RCNY §§ 5-45, 5-46 and 5-47.

66 RCNY § 5-65 Special Rebates for Users and Redistributors that Applied for LMEP Benefits After October 31, 2000.

§ 5-65 Special Rebates for Users and Redistributors that Applied for LMEP Benefits After October 31, 2000. (a) Except as otherwise provided in subdivision (b) of this section, a utility that sells energy services to either an eligible redistributor of energy that applied for LMEP benefits after October 31, 2000, or a directly metered eligible revitalization area energy user that applied for LMEP benefits after October 31, 2000, shall make a special rebate to such redistributor or such user, as the case may be, equal to the following percentages of eligible charges: Months During Benefit Period Special Rebate for Energy Services first through ninety-sixth 45% ninety-seventh through one hundred eighth 36% one hundred ninth through one hundred twentieth 27% one hundred twenty-first through one hundred thirty-second 18% one hundred thirty-third through one hundred forty-fourth 9% (b) A utility that sells energy services to either an eligible redistributor of energy that applied for LMEP benefits after October 31, 2000 and that owns or leases an eligible building that has been designated as a landmark site before the issuance of a certificate of eligibility to such redistributor, or to a directly metered eligible revitalization area energy user occupying premises in such building that applied for LMEP benefits after October 31, 2000, shall make a special rebate to such redistributor or such user, as the case may be, equal to the following percentages of eligible charges: Months During Benefit Period Special Rebate for Energy Services first through one hundred eighth 45% one hundred ninth through one hundred twentieth 36% one hundred twenty-first through one hundred thirty-second 27% one hundred thirty-third through one hundred forty-fourth 18% one hundred forty-fifth through one hundred fifty-sixth 9% (c) 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 redistributor of energy or a directly metered eligible revitalization area energy user that applied for and was certified as such after October 31, 2000, such utility shall make a discount to NYCPUS and NYCPUS shall make a special rebate to such eligible redistributor of energy or such directly metered eligible revitalization area energy user, which discount and special rebate shall be the product of the eligible charges to such eligible redistributor of energy or such directly metered eligible revitalization area energy user and the applicable percentage for a special rebate for energy services in the applicable schedule contained in subdivision (a) or (b) of this section.

66 RCNY § 5-66 Special Rebates for Redistributors and Users that Applied for LMEP Benefits Prior to November 1, 2000 and Were Certified Prior to July 1, 2001. [Repealed]

66 RCNY § 5-67 Special Rebates for Redistributors and Users that Applied for LMEP Benefits Prior to November 1, 2000.

§ 5-67 Special Rebates for Redistributors and Users that Applied for LMEP Benefits Prior to November 1, 2000. (a) Paragraph (1) of subdivision (a) of § 25-bb of the general city law states that the "that the department of business services of a city having a population of one million or more may increase the percentages set forth in 66 RCNY § 5-65 at its discretion 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 this section of the rules shall be applicable to the calculations of special rebates for all eligible redistributors of energy or directly metered eligible revitalization energy users that applied for LMEP benefits prior to November 1, 2000 and for qualified eligible energy redistributors of energy that were certified before November 1, 2000. These percentages shall be in place from the first billing cycle beginning on or after April 30, 2003. (b) Except as set forth in subdivision (d) of this section, for all billing cycles prior to the ninety-seventh month of each eligible redistributor of energy's or directly metered eligible revitalization energy user's benefit period occurring during the period beginning June 1, 2001, each redistributor or user shall receive rebates on eligible charges as specified in this paragraph; provided that the applicable rebate percentages shall not, for any affected electric account, exceed 100% of the eligible charges charged in any billing cycle. (1) The rebate percentage to be applied to eligible charges for energy services provided by a utility 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 of these rules, which shall vary depending on such redistributor's or user's average monthly load factor, applicable service classification and the applicable rate, and whether such redistributor or user receives discounts on service pursuant to a service rider. If, for any affected redistributor or user, eligible charges for 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 of these rules shall apply to the extent that each applicable service classification and/or rate and/or service rider applies to such redistributor or user. To the extent that such redistributor or user is served under the utility's "PSC No. 9 – Electrical Rate Schedule" its rebate percentages shall be determined as if such redistributor or user was served under the utility's "PSC No. 2 – Retail Access Rate Schedule." (2) The rebate percentage to be applied to eligible public utility service charges for 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 of these rules, which shall vary depending on such redistributor's or user's average monthly load factor, the applicable service classification and the applicable rate, and whether such redistributor or user receives discounts on service pursuant to a service rider or other tariff provisions. If, for any affected redistributor or user, eligible public utility service charges for 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 B of Appendix A of 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 redistributor or user. (c) Except as otherwise provided in subdivision (d) of this section, for all billing cycles after the ninety-sixth month of the benefit period and thereafter, the applicable rebate percentages on eligible charges, determined as specified in 66 RCNY § 5-67(b) or (e), 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 eligible redistributor of energy or directly metered eligible revitalization energy user, 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 (d) Where a utility that sells energy services to an eligible redistributor of energy that owns or leases an eligible building that has been designated as a landmark site before the issuance of a certificate of eligibility to such redistributor, or to a directly metered eligible revitalization area energy user occupying premises in such building that applied for LMEP benefits prior to November 1, 2000, all billing cycles in the one hundred and ninth month of each of the above-noted benefit periods and thereafter shall have the applicable rebate percentages on eligible charges, determined as specified in 66 RCNY § 5-67(b) or (e) of these rules, 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 account, exceed 100% of the eligible charges charged in any billing cycle. The adjustment factors are as follows: Month of Benefit Period Adjustment Factor 109 through 120 0.8 121 through 132 0.6 133 through 144 0.4 145 through 156 0.2 157 and thereafter 0.0 (e) Where, pursuant to a written agreement between NYCPUS and the power authority of the state of New York, NYCPUS sells energy services to a qualified eligible redistributors of energy that has been individually approved by such power authority and certified prior to November 1, 2000, or to an eligible redistributor of energy or directly metered eligible revitalization area energy user that applied for benefits prior to November 1, 2000 and was certified as a redistributor or user after October 31, 2000, such utility shall make a discount to NYCPUS and NYCPUS shall make a special rebate to such qualified eligible redistributors or such eligible redistributor or user, which discount and special rebate shall be the product of the eligible public utility service charges to such qualified eligible redistributor of energy or such eligible revitalization area energy user and the applicable percentage for a special rebate for energy services in the applicable schedule contained in Attachment B of Appendix A 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/0-0-0-91926Fetched: 10/24/2026