US Lawyer Database

§  1891.  Definitions.  As  used  in this section, the following terms
shall have the following meanings:
  1. "Applicant" means a person who owns, leases or manages a  structure
and  who  has  the  authority to contract for the provision of qualified
energy efficiency services to such structure.
  2. "Authority" shall have the same meaning as in  subdivision  two  of
section eighteen hundred fifty-one of this article.
  3.    "Constituency-based    organization"   means   an   organization
incorporated for the purpose of providing services or  other  assistance
to  economically  or  socially  disadvantaged persons within a specified
community, and which is supported by, or whose actions are directed  by,
members of the community in which it operates.
  4.  "Distribution  utility"  means  any  gas  or  electric corporation
providing gas or electricity to end  use  consumers  that  is  a  public
utility company, including a municipality, or a public utility authority
organized pursuant to article five of this chapter.
  5. "Eligible project" means qualified energy efficiency services for a
non-residential  structure,  a  residential  structure or a multi-family
structure. An eligible project shall  not  be  considered  (a)  a  major
capital  improvement  pursuant  to  subparagraph (g) of paragraph one of
subdivision g of section 26-405 of the administrative code of  the  city
of  New  York,  subparagraph  (k)  of  paragraph one of subdivision g of
section 26-405 of the administrative code  of  the  city  of  New  York,
paragraph  six  of subdivision c of section 26-511 of the administrative
code of the city of New  York,  paragraph  three  of  subdivision  d  of
section  six  of section four of chapter five hundred seventy-six of the
laws of nineteen  hundred  seventy-four,  and  the  second  undesignated
paragraph  of  paragraph  (a)  of  subdivision  four  of section four of
chapter two  hundred  seventy-four  of  the  laws  of  nineteen  hundred
forty-six;  or  (b)  an  individual  apartment  improvement  pursuant to
subparagraph (e) of paragraph one of subdivision g of section 26-405  of
the  administrative  code of the city of New York, paragraph thirteen of
subdivision c of section 26-511 of the administrative code of  the  city
of  New  York,  paragraph one of subdivision d of section six of section
four of chapter five hundred seventy-six of the laws of nineteen hundred
seventy-four, and clause five of the second  undesignated  paragraph  of
paragraph (a) of subdivision four of section four of chapter two hundred
seventy-four of the laws of nineteen hundred forty-six.
  6.  "Energy  audit"  means  a formal evaluation of a building's energy
consumption for the purpose of identifying  methods  to  improve  energy
efficiency  and  conserve energy, including associated health and safety
issues, conducted pursuant to standards established by the authority.
  7. "Green jobs-green New York revolving loan fund" or "revolving  loan
fund" means the green jobs-green New York revolving loan fund created by
subdivision one of section eighteen hundred ninety-six of this title.
  8.  "Multi-family  structure"  means a multi-unit residential building
with five or more dwelling units.
  9. "Non-residential structure"  means  a  building  that  is  used  or
occupied by a small business or a not-for-profit corporation.
  10.  "Not-for-profit  corporation"  means  a  corporation  defined  in
subdivision five of paragraph (a) of section  one  hundred  two  of  the
not-for-profit corporation law.
  11.  "Program" means the green jobs-green New York energy conservation
and community sustainability program created by this title.
  12. "Qualified energy efficiency services" means a modification  to  a
structure,  based  on  recommendations  contained  in  an  energy  audit
performed under the  program  created  under  section  eighteen  hundred
ninety-two  of  this  title  or  as otherwise approved by the authority,

which is consistent with standards established by  the  authority,  that
will  increase  the  energy  efficiency  and conservation of an existing
structure, including but not limited to:

(a) application of weatherstripping, caulking, sealant and other materials around doors, windows, and other areas of a building for the purpose of insulating or sealing openings in the building envelope and within the building to mitigate energy loss;

(b) testing, repairing and replacing heating or cooling systems or components of such systems;

(c) thermostat upgrades;

(d) water heater repair and replacement;

(e) roof, chimney, fireplace and roof vent repair, insofar as such repairs are determined by an energy audit to be necessary to mitigate energy loss or resolve energy-system related health and safety issues;

(f) repair and replacement of storm windows, permanent windows and exterior doors;

(g) repair or replacement of major household appliances;

(h) installation of thermal solar heat or hot water systems;

(i) addition of insulation to exterior walls or ceilings;

(j) replacement of inefficient light bulbs and lighting fixtures and systems;

(k) minor repairs that are necessary to ensure maximum efficiency from the provision of qualified energy efficiency services;

(l) installation of carbon monoxide detectors and indoor environmental testing and mitigation deemed necessary as a result of the provision of other qualified energy efficiency services;

(m) fuel switching to convert an electrically-heated building to a more efficient heating source provided that significant energy cost-savings can be demonstrated pursuant to standards established by the authority;

(n) installation of energy technologies eligible for net energy metering pursuant to section sixty-six-j or sixty-six-l of the public service law; and

(o) purchase and installation of geothermal energy systems. 13. "Residential structure" means a residential building that has four or fewer dwelling units. 14. "Small business" shall have the same meaning as in section one hundred thirty-one of the economic development law. 15. "Structure" means (a) a non-residential structure, (b) a residential structure, and (c) a multi-family structure.