§ 5-52 Definitions.
RCNY § 5-52
As used in these rules, the following terms shall have the respective meanings set forth below: Act. "Act" means Article 2-I of the General City Law of the State of New York, as added by Chapter 4 of the Laws of 1995 of the State of New York, as amended by Chapter 154 of the Laws of 1999 and Chapters 103 and 472 of the Laws of 2000. Applicant. "Applicant" means any person applying individually or jointly as an owner or lessee of a building, or a portion thereof, or an agent of such owner or lessee, for a certificate of eligibility as an eligible redistributor of energy or a qualified eligible redistributor of energy, 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 the preapplication and all supporting exhibits submitted and statements made by an applicant to the commissioner for the purpose of determining such applicant's initial eligibility for benefits as an eligible redistributor of energy or as a qualified eligible redistributor of energy under LMEP, and shall include the information required by 66 RCNY § 5-82. Assessed value. "Assessed value" means the assessed value of the real property and buildings thereon 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 these rules. 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, unless such building is a landmark site, in which case the benefit period shall not exceed one hundred and fifty-six (156) 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 a permit to construct a new building, an alteration, foundation, plumbing, sign or equipment work permit and may, at the option of the applicant, include a permit for partial demolition or earthwork. Certificate of eligibility. "Certificate of eligibility" means the document or documents issued by the commissioner evidencing the eligibility of an applicant to receive a special rebate as an eligible redistributor of energy or a qualified eligible redistributor of energy. The certificate of eligibility shall include such information as is required pursuant to 66 RCNY § 5-87. Charter. "Charter" means the New York City Charter of New York, as amended. City. "City" means The City of New York. Code. "Code" means the Administrative Code of the City of New York, as amended. Commissioner. "Commissioner" means the Commissioner of DBS or his or her designee or his or her successor in function. Common areas, systems and facilities. "Common areas, systems and facilities" mean those areas, systems and facilities of a building that are shared by tenants and building owners, including, but not limited to: heating; ventilation and cooling systems; public, light and power; facilities, machinery and support hardware of a building, including, but not limited to, shafts, enclosing walls, corridors and lobbies, and loading docks of a building. Contiguous square footage. "Contiguous square footage" means gross square footage that is in actual contact or touching along a boundary or at a point, and shall include space on two (2) or more floors that are directly above or below each other. DBS. "DBS" means the New York City Department of Business Services or its successor in function. DOF. "DOF" means the New York City Department of Finance or its successor in function. Directly metered eligible revitalization area energy user. "Directly metered eligible revitalization area energy user" means an eligible revitalization area energy user that is directly metered by a utility. 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 building. "Eligible building" means a building or structure that meets the criteria set forth in § 25-aa(a) of the Act and 66 RCNY § 5-61. 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 § 25-aa(b) of the Act and the applicable provisions of 66 RCNY § 5-64, to which charges the applicable percentages in 66 RCNY § 5-65 or 66 RCNY § 5-67 are applied to determine the amount of a special rebate. Eligible public utility service charges. "Eligible public utility service charges" mean charges for energy services purchased from NYCPUS, determined in accordance with § 25-aa(b) of the Act and the applicable provisions of 66 RCNY § 5-64. Eligible redistributor of energy. "Eligible redistributor of energy" means a person that meets the criteria set forth in § 25-aa(c) of the Act and 66 RCNY § 5-62. Eligible revitalization area. "Eligible revitalization area" means the area of the City defined in § 25-aa(d) of the Act, namely the area of the City in the borough of Manhattan bounded by Murray Street on the north starting at the intersection of West Street and Murray Street; running easterly along the center line of Murray Street; connecting through City Hall Park with the center line of Frankfort Street and running easterly along the center lines of Frankfort and Dover Streets to the intersection of Dover Street and South Street; running southerly along the center line of South Street to Peter Minuit Plaza; connecting through Peter Minuit Plaza to the center line of State Street and running northwesterly along the center line of State Street to the intersection of State Street and Battery Place; running westerly along the center line of Battery Place to the intersection of Battery Place and West Street; and running northerly along the center line of West Street to the intersection of West Street and Murray Street. Any tax lot which is partly located inside the eligible revitalization area shall be deemed to be entirely located inside such area. Eligible revitalization area energy user. "Eligible revitalization area energy user" means any person that meets the criteria set forth in § 25-aa(e) of the Act and 66 RCNY § 5-63. Energy services. "Energy services" mean (i) the transportation of electric 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 electric commodity, transmission-related functions for which charges are rendered by the New York Independent System Operator, nor shall they include transportation of electric commodity to a utility system. Energy services bill. "Energy services bill" means a statement of charges for energy services rendered by a utility, NYCPUS, an eligible redistributor of energy or qualified eligible redistributor of energy and shall include a bill for rent or similar charges for the occupancy of premises where such rent or similar charges include the use of energy services. FERC. "FERC" shall mean the Federal Energy Regulatory Commission. Floor area. "Floor area" means either the gross area or the rental area of the eligible building. The gross area means all of the area within the exterior walls of the building. The rentable area means the square footage leased to a particular tenant for its exclusive use as reflected in the lease agreement. An applicant may select either of these meanings, but must be consistent in the application of the meaning. Hospital. "Hospital" means a hospital as defined in § 2801 of the Public Health Law of the State of New York. Hotel. "Hotel" means a building or portion thereof, that is regularly used and kept open as such for the lodging of guests, including, but not limited to, an apartment hotel, a motel, a 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 set forth 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. Landmark site. "Landmark site" means a building or any part thereof that has been designated as a landmark pursuant to the provisions set forth in Chapter 3 of Title 25 of the Code. LMEP or Program. "LMEP" or "Program" means the New York City Lower Manhattan Energy Program described in the Act and Subchapter A of these rules. 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. Mixed-use property. "Mixed-use property" means mixed-use property as defined in Title 2-E of Article 4 of the Real Property Tax Law of the State of New York. 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 monthly 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 Title 22, Chapter 3 of the Code. Person. "Person" means any individual, partnership, association, corporation, limited liability company, estate or trust, and any combination of the foregoing. Preapplication. "Preapplication" means the initial filing in the process of applying for a certificate of eligibility and shall contain the information required by 66 RCNY § 5-82(a). 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 redistributor of energy. "Qualified eligible redistributor of energy" shall have the meaning ascribed to such term in § 25-aa(m) of the Act. 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 either an eligible redistributor of energy or a qualified eligible redistributor of energy. Retail space. "Retail space" means space used by an applicant that: (a) is predominantly engaged in the sale of tangible personal property to any person, for any purpose unrelated to the trade or business of such person; or (b) is predominantly engaged in selling services to 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 (1) or more operating units, divisions or subdivisions of the applicant, or at only one (1) or more locations, only such operating units, divisions, or subdivisions, or such locations, shall come within the definition contained herein, and provided, further, that retail space shall not include space occupied by bankers, insurance brokers, real estate brokers, stock brokers, doctors, lawyers or accountants. 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, size, or occupancy of certain buildings, real property or any portion of such building or real property. Special rebate. "Special rebate" shall mean the amount of reduction in an energy services bill rendered by a utility or NYCPUS for energy services to an eligible redistributor of energy or a qualified eligible redistributor of energy or directly metered eligible revitalization energy user, or an agent of any of these, and shall be calculated as a percentage of eligible charges in accordance with the provisions of 66 RCNY § 5-65 or 66 RCNY § 5-67. Submeter. "Submeter" means a meter that individually and accurately meters an occupant's usage of energy services. 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 related to determining the size, use, energy services consumption, or 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 building. "Targeted eligible building" means a building or structure which meets the criteria set forth § 25-aa(q) of the Act. UDC. "UDC" means the New York State Urban Development Corporation or any subsidiary or any successor in function thereof created and defined by § 6254 of the Unconsolidated Laws of the State of New York. Utility. "Utility" shall mean any provider of energy services within the eligible revitalization area 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. 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 granted by such utility in accordance with the requirements of the Act and these rules.
