§ 5-89 Periodic and Other Reports to DBS.
RCNY § 5-89
(a)During the benefit period, a recipient shall promptly notify the commissioner of any material changes which may affect a recipient's eligibility or the amount of the special rebate under LMEP, including but not limited to, changes in: (1) sources of energy services; (2) ownership of the eligible building or the targeted eligible building; (3) establishment of new direct accounts; (4) landlord's or directly metered tenant's usage of energy services; (5) the type of metering or method of billing for usage of energy services at the eligible building or targeted eligible building; (6) a change in the ratio between floor space occupied by eligible revitalization are energy users and that occupied by other occupants; and (7) the new tenancy of a noneligible revitalization area energy user.
(b)During the benefit period, DBS must be immediately notified of any additional utility accounts acquired or changes in utility account numbers in the eligible building or targeted eligible building.
(c)When it appears that the percentage of non-eligible use in the eligible building or targeted eligible building changes so that the special rebate for the eligible building or targeted eligible building appears to change, a new load study shall be performed in order to ascertain the new special rebate for the eligible building or targeted eligible building.
(d)During the benefit period, a recipient shall submit to the commissioner a reporting form on September 30th, December 31st, March 31st and June 30th of each year, to document the current status of the recipient's continued eligibility under LMEP. Such reporting form shall include, but shall not be limited to, the following information: (1) the use or type of operations conducted at the eligible building or targeted eligible building; (2) any changes in the eligible building's breakdown of eligible versus non-eligible uses; (3) a summary of building metering or submetering and utility accounts; (4) architectural rendering of building floor plans showing any changes, including changes in floor space, type of common areas, systems and facilities; (5) tenant list including, but not limited to, the following: square footage; contact person; telephone number; location in building; meter number if submetered by landlord or account number if directly metered by a utility; and number of employees; (6) change in the size of tenants' premises; (7) any additions to or changes in the linkage between an eligible revitalization area energy user's metering scheme and the utility's main direct meter; and (8) such other information as the commissioner may request to determine eligible charges, eligibility and amount of special rebate.
(e)A qualified eligible redistributor of energy shall submit to DBS on an annual basis proof that the heating and cooling systems within the targeted eligible building continue to meet the performance standards specified in § 7813.21 of the State Conservation Code, or if applicable, a municipal code authorized pursuant to such article, or such predecessor section to which such targeted eligible building, when constructed or substantially renovated, was subject.
(f)All such information may be used by the commissioner for the purpose of determining whether the recipient's certificate of eligibility should be suspended until a final determination of eligibility can be made and/or whether it shall be revoked or revised.
(g)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, and the commissioner may, among other things, suspend such 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.
(h)The commissioner shall notify the recipient, a utility and/or NYCPUS in writing of the determination to revise, suspend, terminate or revoke the recipient's certificate of eligibility. A utility and/or NYCPUS must modify its bills to such recipient to reflect the change in benefits which such revision, suspension, termination or revocation to a recipient's certificate of eligibility is intended to effect within thirty (30) days of receipt of written notice from the commissioner of such action.
(i)A recipient may request an opportunity to be heard in accordance with Subchapter E of these rules.
