§ 5-44 Reporting and Inspection Requirements.
RCNY § 5-44
(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.
