§ 5-02 Definitions.
RCNY § 5-02
As used in these rules, the following terms shall have the respective meanings set forth below: Act. "Act means Chapter 6 of Title 22 of the Administrative Code of the City of New York, as enacted by Local Law 54 of the Laws of 1985 of the City of New York, as amended by Local Law 56 of the Laws of 1989 of the City of New York, Chapters 256 and 257 of the Laws of 1991, Chapter 154 of the Laws of 1999, Chapters 103 and 472 of the Laws of 2000, and Chapter 107 of the Laws of 2003 of the State of New York, as authorized by Chapter 551 of the Laws of 1985 of the State of New York, as amended by Chapters 59 and 825 of the Laws of 1986, Chapter 760 of the Laws of 1988, Chapters 256 and 257 of the Laws of 1991, Chapter 154 of the Laws of 1999, Chapters 103 and 472 of the Laws of 2000, and Chapter 107 of the Laws of 2003 of the State of New York. Applicant. "Applicant" means any person applying individually or jointly for benefits under ECSP, or a holding company, parent corporation, or subsidiary or affiliated corporation so applying on behalf of any of the foregoing. Application. "Application" means the application for a certificate of eligibility and shall include all supporting exhibits submitted, and statements made, by an applicant to the commissioner for the purpose of determining such applicant's eligibility for benefits under ECSP. Assessed value. "Assessed value" means the assessed value of the real property and buildings thereon as assessed for tax purposes during the tax year in which improvements to such real property and buildings thereon commenced, as required by and referred to in the Act and these rules. Average monthly consumption. "Average monthly consumption" means, for each natural gas account, the average number of therms of natural gas consumed per month during the preceding twelve billing monthly or six bimonthly billing cycles. Average monthly load factor. "Average monthly load factor" means, for each electric account, the average monthly load factor for the preceding 12-month period, determined once annually using the most recently available twelve months of load factor data. Benefit period. "Benefit period" means the number of months a recipient is eligible to receive a special rebate, which period shall not exceed one hundred and forty-four (144) consecutive months, beginning on the effective date of the recipient's certificate of eligibility. Building. "Building" means articles, structures, substructures and superstructures erected upon, under, or above real property, or affixed thereto, and fixtures (other than trade fixtures) and other improvements erected or situated thereon. Building permit. "Building permit" means a permit approving proposed construction work issued by the New York City Department of Buildings, DBS or other agency of the City authorized by law to receive and approve plans for construction work. A building permit shall include permits or a new building, alteration, foundation, plumbing, sign or equipment work and may, at the option of the applicant, include a permit for partial demolition or earthwork. Category I on-site cogenerator. "Category I on-site cogenerator" shall mean an on-site cogenerator that produces electricity for an eligible energy user that was certified before July 1st, 2003. Category II on-site cogenerator. "Category II on-site cogenerator" shall mean an on-site cogenerator, other than a clean on-site cogenerator, that was certified after June 30, 2003. Certificate of eligibility. "Certificate of eligibility" means the document or documents issued by the commissioner evidencing the eligibility and qualification of an applicant to receive a special rebate. The certificate of eligibility shall include such information as is required pursuant to 66 RCNY § 5-42(b). Charter. "Charter" means the New York City Charter, as amended. City. "City" means The City of New York. Clean on-site cogenerator. "Clean on-site cogenerator" shall mean an on-site cogenerator, the electricity generating facility of which has an emission rate for nitrous oxides of no more than three tenths of one pound per megawatt hour. For purposes of determining the emissions of such electricity generating facility, the emissions for such facility shall be reduced by the amount of any nitrous oxide emissions by boiler plants and/or other generators located on the same site as the on-site cogenerator that were or will be avoided by virtue of the electricity generating facility's production of thermal products used by an eligible energy user(s) for productive purposes. Code. "Code" means the Administrative Code of the City of New York, as amended. Commercial development pressure area. "Commercial development pressure area" means those areas of the City as set forth in subdivision (a) of § 22-601 of the code. Commissioner. "Commissioner" means the Commissioner of DBS or his or her designee or his or her successor in function. Competitive transition charge. "Competitive transition charge" means a charge that is regulated by the PSC, associated with charges for transmission and distribution, and designed to enable a utility to mitigate or recover its above-market costs of generating electricity. Con Edison. "Con Edison" means the Consolidated Edison Company of New York, Inc. DBS or DSBS. "DBS" or "DSBS" shall mean the New York City Department of Small Business Services, formerly known as the Department of Business Services, or its successor in function. DOF. "DOF" means the New York City Department of Finance or its successor in function. Discount. "Discount" means the amount of a reduction in a bill for energy services rendered to a vendor or NYCPUS by a utility, or to a vendor by NYCPUS, in accordance with the requirements of 66 RCNY § 5-15, equal to the special rebates made by such vendor or NYCPUS to eligible energy users, eligible owners or qualified eligible energy users. ECSP or Program. "ECSP" or the "Program" means the Program described in the Act and these rules. Effective date. "Effective date" means the effective date of a certificate of eligibility, which date is the first day of the first billing cycle after a certificate of eligibility is issued. Eligible charges. "Eligible charges" mean charges for energy services, system benefits charges and competitive transition charges, including service discounts, by a utility determined in accordance with 66 RCNY § 5-13(a), to which charges the applicable percentages in 66 RCNY § 5-16 or 66 RCNY § 5-18 are applied to determine the amount of a special rebate. Eligible energy user. "Eligible energy user" means any non-residential user of energy services, that purchases such energy services directly from a utility, a vendor, NYCPUS or an on-site cogenerator, and that satisfies the applicable criteria set forth in Subchapter B of these rules. Eligible move-in area. "Eligible move-in area" means: (1) with respect to an applicant that relocates from (i) areas lying south of the center line of 96th Street in the Borough of Manhattan, or (ii) all areas outside of the City, to replacement premises, all areas within the City, except those areas lying south of the center line of 96th Street in the Borough of Manhattan; (2) with respect to an applicant that relocates from premises within a commercial development pressure area to replacement premises, all areas within the City except (i) those areas lying south of the center line of 96th Street in the Borough of Manhattan and (ii) commercial development pressure areas; (3) with respect to an applicant that occupies premises that meet the criteria of 66 RCNY § 5-12(b) (specially eligible premises), all areas within the City except those areas lying south of the center line of 96th Street in the Borough of Manhattan; and (4) with respect to an applicant that occupies premises that meet the criteria of 66 RCNY § 5-12(c) (manufacturing), those areas lying south of the center line of 96th Street in the Borough of Manhattan. Eligible move-out area. "Eligible move-out area" means with respect to an applicant that relocates and occupies replacement premises: (1) areas lying south of the center line of 96th Street in the Borough of Manhattan; (2) all areas outside of the City; or (3) a commercial development pressure area. Eligible on-site cogenerator charges. "Eligible on-site cogenerator charges" shall mean charges for energy services purchases from a utility related to the delivery of natural gas to a category II on-site cogenerator determined in accordance with 66 RCNY § 5-13(d). Eligible owner. "Eligible owner" means an owner, manager or operator of a specially eligible premises that satisfies the applicable criteria of Subchapter B of these rules. Eligible premises. "Eligible premises" mean those premises that are: (1) replacement premises; or (2) specially eligible premises. Eligible public utility service charges. "Eligible public utility service charges" mean charges for energy services purchased from NYCPUS, determined in accordance with 66 RCNY § 5-13(b) of these rules, to which the applicable percentage in 66 RCNY § 5-16 or 66 RCNY § 5-18 are applied to determine the amount of a special rebate. Employee. "Employee" shall mean any full-time or part-time employee (as provided herein) of an eligible energy user, an affiliate of an eligible energy user, and any contractor working exclusively at an eligible site for operations of an eligible energy user (or an affiliate of an eligible energy user) eligible to receive special rebates. The number of part-time employees and contractors shall be calculated by dividing (i) the number of hours worked by employees, other than full-time employees, and contractors at the eligible energy user's eligible premises, during the applicable period; by (ii) the number of weeks in the applicable period; and then by (iii) 35 person-hours. Energy conservation measures. "Energy conservation measures" shall have the meaning set forth in subdivision (p) of § 22-601 of the code. Energy services. "Energy services" shall mean (i) the transportation of electric or natural gas commodity within the franchised service territory of a utility through such utility's local transmission or distribution assets, (ii) metering of a user's consumption, including meter reading, and (iii) billing services related to the preparation and collection of the user's utility bill. Energy services shall not include the provision of gas or electric commodity, transmission-related functions for which charges are rendered by the New York Independent System Operator, nor shall they include transportation of gas or electric commodity to a utility system, except that gas pipeline services shall be considered energy services for purposes of calculating rebates for users eligible to receive rebates under 66 RCNY § 5-18(b)(5). Energy services shall not include transportation of natural gas to the extent the gas transported is used by a category I on-site cogenerator or a clean on-site cogenerator in the production of electricity that is eligible for special rebates under 66 RCNY § 5-14(f). Energy services bill. "Energy services bill" means the statement of charges for energy services rendered to a recipient by: (i) a utility; (ii) a vendor; or (iii) NYCPUS. FERC. "FERC" shall mean the Federal Energy Regulatory Commission. Hotel. "Hotel" means a building or portion thereof that is regularly used and kept open as such for the lodging of guests including an apartment hotel, a motel, boarding house or club or any other facility whose principal use is residential accommodation, whether or not meals are served. ICIP. "ICIP" means the New York City Industrial and Commercial Incentive Program as codified in Title 11, Chapter 247, Part 3 of the Code, as amended. IDA. "IDA" means the New York City Industrial Development Agency established pursuant to § 850 of the General Municipal Law of the State of New York, as amended. Keyspan. "Keyspan" means the Keyspan Energy Delivery New York. LIPA. "LIPA" shall mean the Long Island Power Authority, or its subsidiary. Manufacturing activity. "Manufacturing activity" means an activity involving the assembly of goods to create a different article or the processing, fabrication, or packaging of goods. Monthly load factor. "Monthly load factor" means, for each electric account, the number determined by dividing (a) the account's energy consumption, measured in kilowatt hours, for a monthly billing period, by (b) the peak electric demand, measured in kilowatts, for such billing period multiplied by the number of billing days in the period multiplied by 24 hours. NYCPUS. "NYCPUS" means the New York City Public Utility Service established by Local Law No. 78 of 1982, codified in part as Title 22, Chapter 3 of the Code. On-site cogenerator. A person, other than a utility, that owns an electric generating facility that simultaneously or sequentially produces electricity and useful thermal energy, provided that substantially all of such electricity shall be used by one or more eligible energy users that occupy the same site as such generating facility. An on-site cogenerator may be the same or a separate person as such eligible energy user. Person. "Person" means any individual, partnership, association, corporation, limited liability company, estate or trust, and any combination of the foregoing. Premises. "Premises" mean any building or portion thereof that, for purposes of these rules is, or has been, occupied in whole or in part by an applicant pursuant to a deed, contract of sale, lease or otherwise. Public Service Commission or PSC. "Public Service Commission" or "PSC" means the Public Service Commission of the State of New York, created by and defined in § 2 of the Public Service Law of the State of New York. Qualified eligible energy user. "Qualified eligible energy user" shall have the meaning ascribed to such term in subdivision (r) of § 22-601 of the Code. Real property. "Real property" means land and articles, structures, substructures and superstructures erected upon, under or above the land or affixed thereto and articles of equipment, as described by, and subject to assessment for taxation pursuant to subdivision (a), (b), (f) or (i) of § 102(12) of the Real Property Tax Law of the State of New York, but not including any incorporeal right, franchise or special franchise. Recipient. "Recipient" means an applicant that has satisfied the eligibility criteria of Subchapter B of these rules and has been certified by the commissioner as: (1) an eligible energy user; (2) an eligible owner; (3) a qualified eligible energy user; or (4) a category I on-site cogenerator, a category II on-site cogenerator, or a clean on-site cogenerator. Replacement premises. "Replacement premises" mean premises occupied by an applicant in replacement of previously occupied premises from which the applicant has relocated, provided the premises satisfy the criteria set forth in 66 RCNY § 5-12(a). Retail vendor. "Retail vendor" means any applicant that: (1) is predominantly engaged in the sale, as defined in § 1101(b)(4) of the Tax Law of the State of New York, other than through the mail or by the telephone or other means of electronic communication, of tangible personal property to any person, for any purpose unrelated to the trade or business of such person; or (2) is predominantly engaged in selling services to persons which services generally involve the physical, mental and/or spiritual care of such persons for any purpose unrelated to the trade or business of such persons; or (3) is predominantly engaged in selling services to persons for any purpose which services generally involve the physical care of the personal property of such persons for any purpose unrelated to the trade or business of such persons; provided, however, where such sale of tangible personal property or services described herein is performed by only one or more operating units, divisions or subdivisions of the applicant, or at only one or more locations, only such operating units, divisions, or subdivisions, or such locations, shall come within the definition contained herein. Service classification. "Service classification" means the classification used by a utility in its rate schedule that sets forth the particular rates charged for energy services that are applicable to particular kinds of customers. Site visit. "Site visit" means an on-site inspection performed by or at the direction of DBS to determine the use of energy services or occupancy of certain buildings, real property or any portion of such building or real property. Special rebate. "Special rebate" means the amount of reduction in an energy services bill rendered by a utility, a vendor or NYCPUS for energy services to an eligible energy user, a qualified eligible energy user, an eligible owner, or an agent of any of these, or a category I, II or clean on-site cogenerator, and calculated in accordance with the provisions set forth in 66 RCNY § 5-14. Specially eligible premises. "Specially eligible premises" means non-residential premises that meet the requirements set forth in subdivision (i) of § 22-601 of the Code and 66 RCNY § 5-12(b). Survey. "Survey" means a study or report based on on-site field inspections, professional surveys by a licensed professional engineer, data collection or meter readings or other actions to determine the use, consumption and application of energy services or the occupancy of certain buildings or real property, or portions thereof. Systems benefit charge. "Systems benefit charge" means a charge that is regulated by the PSC and that a utility is required to collect from its customers for the purposes of funding public benefit programs. Targeted eligible premises. "Targeted eligible premises" shall have the meaning set forth in subdivision (s) of § 22-601 of the Code. UDC. "UDC" means the New York State Urban Development Corporation or any subsidiary thereof created and defined by § 6254 of the Unconsolidated Laws of the State of New York. Utility. "Utility" means any provider of energy services within the City that is subject both to the jurisdiction and general supervision of the PSC and to a tax imposed pursuant to Chapter 11 of Title 11 of the Code, and for purposes of this 66 RCNY Chapter 5, shall include LIPA, or its subsidiary, to the extent that LIPA provides energy services within the City of New York and makes payment to such City that is equivalent to the tax imposed on utilities pursuant to Chapter 11 of Title 11 of the Code. Utility credit. "Utility credit" means a credit to which a utility is entitled, in accordance with the rules promulgated by DOF, against the tax imposed under Chapter 11 of Title 11 of the Code, and equal to the aggregate amount of all special rebates and/or discounts granted by such utility in accordance with the requirements of the Act and these rules. Vendor. "Vendor" means a vendor of energy services, as defined in subdivision (k) of § 22-601 of the Code, including any person, corporation or other entity not subject to the jurisdiction and general supervision of the PSC, that furnishes or sells energy services to an eligible energy user, eligible owner, qualified eligible energy user or an on-site cogenerator that is submetered as an incident to leasing, subleasing, licensing or otherwise permitting such user to rent or occupy premises of such vendor.
