Notification of Eligibility, Commencement of Eligibility and Opportunities to Be Heard

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

in effect

66 RCNY § 5-41 Notification to Applicant.

§ 5-41 Notification to Applicant. If the commissioner grants an applicant's application for a certificate of eligibility, his or her staff shall forward an executed certificate of eligibility to the applicant. If the commissioner denies an applicant's application for a certificate of eligibility, the commissioner shall promptly notify the applicant in writing, of the reason for such denial.

66 RCNY § 5-42 Certificate of Eligibility.

§ 5-42 Certificate of Eligibility. (a) The commissioner's staff will coordinate with the recipient, the utility, the vendor, NYCPUS and DOF, where applicable, to establish the effective date of the certificate of eligibility, which shall in no event be on or after July 1, 2005. (b) The certificate of eligibility shall include the following information: (1) the benefit period the recipient is qualified for; (2) the special rebate a recipient is qualified for; (3) its date of issuance; (4) its effective date; and (5) its termination date. (c) An applicant must execute the certificate of eligibility and return it to the commissioner within six (6) months of the issuance date stated on the certificate of eligibility or before July 1, 2005, whichever is earlier. Failure of the applicant to comply with this subsection may result in a revocation of the certificate of eligibility. (d) Subsequent to establishing the effective date of the certificate of eligibility, the commissioner's staff shall affix such date to the applicant's certificate of eligibility and forward a copy of the fully completed and executed certificate of eligibility to the applicant and any other necessary party. (e) The effective date of a certificate of eligibility issued by the commissioner after June 30, 2003, and before July 1, 2005, to an on-site cogenerator serving an eligible energy user that was certified before July 1, 2003 shall be the effective date of the first certificate of eligibility issued to such eligible energy user. (f) The commissioner is authorized to certify an applicant as an on-site cogenerator as of a date prior to July 1, 2003, regardless of the date of such applicant's application for certification, provided the applicant demonstrates to the satisfaction of the commissioner that the applicant had fulfilled all eligibility and filing requirements prior to July 1, 2003, and was not certified prior to such date due to the actions or inaction of the City.

66 RCNY § 5-43 Notification to Utilities, Vendors and/or NYCPUS.

§ 5-43 Notification to Utilities, Vendors and/or NYCPUS. (a) DBS shall notify the utility, the vendor, and/or NYCPUS, whichever is appropriate, of an applicant's eligibility to receive a special rebate by forwarding to them a certified copy of an applicant's certificate of eligibility executed in accordance with 66 RCNY § 5-52. (b) DBS shall notify, in writing, the utility, the vendor and/or NYCPUS, whichever is appropriate, of any changes in an applicant's certificate of eligibility.

66 RCNY § 5-44 Reporting and Inspection Requirements.

§ 5-44 Reporting and Inspection Requirements. (a) During the term of the benefit period, a recipient shall promptly notify the commissioner of any material changes that may affect a recipient's eligibility under ECSP, including but not limited to changes in: (1) the use or type of operations conducted at the eligible premises; (2) recipient's energy usage; (3) the type of metering or method of billing for energy usage at the eligible premises; (4) the occupancy and/or ownership of the eligible premises including, without limitation, the entering into of any leases or subleases at such eligible premises; (5) the number of employees performing work for the recipient and its affiliates or other persons at the premises during each month of the preceding twelve month period. (b) During the term of the benefit period, a recipient shall annually submit to the commissioner a reporting form, within thirty (30) days of the end of each calendar year, to document the current status of the recipient's continued eligibility under ECSP. Failure of a recipient to submit the annual reporting form may result in the commissioner's discontinuance of the recipient's special rebate. (c) The commissioner may require a recipient to submit such supporting documentation, including payroll, unemployment insurance filings and the like, as may be needed to verify the accuracy of the submissions of recipients in accordance with subdivision (a) of this section and carry out the purpose and functions of ECSP. (d) Information received by the commissioner pursuant to this section or otherwise may be used by him or her to determine that a recipient does not satisfy the applicable eligibility criteria in the act or these rules. The commissioner may, among other things, suspend a recipient's certificate of eligibility until a final determination of eligibility can be made, or revise, terminate or revoke such recipient's certificate of eligibility, on the basis of such information or failure to submit requested information. (e) During the term of the benefit period, a clean on-site cogenerator shall annually submit to the commissioner a report of its nitrous oxide emissions, thermal output used productively, and electric output used by eligible energy users, on a form approved by the commissioner, within thirty (30) days of the end of each calendar year, to document such cogenerator's continued eligibility under ECSP as a clean on-site cogenerators. Failure of an on-site cogenerator to submit such annual emissions reporting form may result in the discontinuance or reduction by the commissioner of the recipient's special rebate. In addition, users shall repay any special rebates received in excess of $10,000 per employee in any calendar year, within ninety (90) days of receiving a written request from the commissioner. (f) The commissioner and his or her designated agents shall have the right to inspect any premises and operations for which an applicant claims special rebates to verify compliance with the statutes and rules governing the Energy Cost Savings Program, including emissions and space heating restrictions.

66 RCNY § 5-45 Requests for an Opportunity to be Heard.

§ 5-45 Requests for an Opportunity to be Heard. Within thirty (30) days after the mailing of a written determination by the commissioner or his or her designee pursuant to the Act or these rules, an applicant or recipient that wants to contest such determination may submit documentation supporting its position to the commissioner or his or her designee and may request an opportunity to be heard.

66 RCNY § 5-46 Opportunity to be Heard.

§ 5-46 Opportunity to be Heard. If an opportunity to be heard is requested in accordance with 66 RCNY § 5-45, the commissioner or his or her designee shall, within a reasonable period of time, review the application, all supporting documentation relating to the application and the documentation submitted by the applicant or recipient relating to the determination and schedule a date for a meeting with such applicant or recipient. At such meeting the applicant or recipient may present its arguments and discuss its supporting documentation with the commissioner or his or her representative.

66 RCNY § 5-47 Final Determination; Notification.

§ 5-47 Final Determination; Notification. (a) After review of the documentation and arguments submitted by the applicant or recipient the commissioner or his or her designee shall make a final agency determination. (b) The commissioner or his or her designee shall notify the applicant or recipient in writing within a reasonable period of time of his or her final determination on the issue or issues presented by such applicant or recipient pursuant to 66 RCNY § 5-46. (c) The commissioner or his or her designee shall notify the applicant or recipient, the appropriate utility, NYCPUS, the vendor and DOF, whichever is applicable, of a final determination to issue, deny, revise, suspend or revoke a certificate of eligibility.

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/0-0-0-91805Fetched: 10/24/2026