§ 25-aa. Definitions. As used in this article the following terms
shall have the following meanings:

(a) "Eligible building". A building or structure which is located in
an eligible revitalization area and:

(1) is eligible to obtain benefits under title two-D or two-F of
article four of the real property tax law, or would be eligible to
receive benefits under such title except that such property is exempt
from real property taxation and the requirements of paragraph (b) of
subdivision seven of section four hundred eighty-nine-dddd of such title
two-D, or the requirements of subparagraph (ii) of paragraph (b) of
subdivision five of section four hundred eighty-nine-cccccc of such
title two-F, whichever is applicable, of the real property tax law have
not been satisfied, provided that application for such benefits was made
after the thirtieth day of June, nineteen hundred ninety-five and before
the first day of July, two thousand twenty-seven, that construction or
renovation of such building or structure was described in such
application, that such building or structure has been substantially
improved by such construction or renovation, and (i) that the minimum
required expenditure as defined in such title has been made, or (ii)
where there is no applicable minimum required expenditure, the building
was constructed within such period or periods of time established by
title two-D or two-F, whichever is applicable, of article four of the
real property tax law for construction of a new building or structure;
or

(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
twenty-seven, for financing by an industrial development agency
established pursuant to article eighteen-A of the general municipal law,
provided that such financing has been used in whole or in part to
substantially improve such building or structure by construction or
renovation, that expenditures have been made for improvements to such
real property in excess of twenty per centum of the value at which such
real property was assessed for tax purposes for the tax year in which
such improvements commenced, and that such expenditures have been made
within thirty-six months after the earlier of (i) the issuance by such
agency of bonds for such financing, or (ii) the conveyance of title to
such building or structure to such agency; or

(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such
corporation, as the case may be, and such approval was obtained after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand twenty-seven, provided that expenditures
have been made for improvements to such real property in excess of
twenty per centum of the value at which such real property was assessed
for tax purposes for the tax year in which such improvements commenced,
and that such expenditures have been made within thirty-six months after
the effective date of such lease; or

(4) is eligible to obtain benefits under title two-E of article four
of the real property tax law, or would be eligible to receive benefits
under such title except that such property is exempt from real property
taxation and the requirements of paragraph (b) of subdivision ten of
section four hundred eighty-nine-ccccc of the real property tax law have
not been satisfied, provided that application for such benefits was made
after the thirtieth day of June, nineteen hundred ninety-five and before
the first day of July, two thousand three, that renovation of such
building or structure was described in such application, that such
building or structure has been substantially improved by such
renovation, and that the minimum required expenditure as defined in such
title has been made.

(b) "Eligible charges" and "eligible public utility service charges".
(1)(i) Eligible charges are charges made by a private utility to an
eligible redistributor of energy or a qualified eligible redistributor
of energy for energy services purchased from such private utility at a
rate or rates established pursuant to an order or rule of the New York
state public service commission or the federal energy regulatory
commission, other than charges for the purchase of the commodity of
electricity, and shall include applicable rate reductions for economic
development or similar purposes, and all taxes payable thereon and shall
exclude charges in accordance with paragraph two of this subdivision.

(ii) Eligible public utility service charges are actual charges for
energy services made by a public utility service, and shall include all
taxes payable thereon, and shall exclude those charges excluded in
accordance with paragraph two of this subdivision, provided, however,
that the department of business services of a city having a population
of one million or more may by rule adjust eligible public utility
service charges for purposes of adjusting the special rebate based
thereon to an amount that would be comparable to the special rebate
available to a comparable customer of a private utility as determined by
such department.

(2) Eligible charges and eligible public utility service charges shall
not include charges related to: (i) energy services used by persons that
are not eligible revitalization area energy users, and (ii) any special
charges on bills relating to such energy services, including but not
limited to collection charges, late payment charges, or excess
distribution charges. Eligible charges and eligible public utility
service charges shall include charges for energy services used for
common areas, systems and facilities of an eligible building meeting the
criteria of paragraph one, two or three of subdivision (a) of this
section or a targeted eligible building meeting the criteria of
paragraph one, two or three of subdivision (q) of this section to the
extent such common areas, systems or facilities are used by eligible
revitalization area energy users, except that charges attributable to
other users, if minor and incidental, may be included in eligible
charges and eligible public utility service charges for such common
areas, systems and facilities. Eligible charges and eligible public
utility service charges shall not include charges for energy services
used for common areas, systems and facilities of an eligible building
meeting the criteria of paragraph four of subdivision (a) of this
section or a targeted eligible building meeting the criteria of
paragraph four of subdivision (q) of this section unless such common
areas, systems and facilities are separate from the common areas,
systems and facilities that serve that portion of the mixed-use
property, as defined in title two-E of article four of the real property
tax law, used for residential purposes and serve only that portion of
such mixed-use property used for commercial purposes.

(c) "Eligible redistributor of energy". A person that owns or leases
an eligible building, or a portion thereof, and that purchases energy
services on a metered basis from a private utility or public utility
service, and (i) resells or otherwise redistributes such energy services
to one or more eligible revitalization area energy users that occupy
such building or structure or (ii) consumes or uses such energy services
itself and qualifies as an eligible revitalization area energy user as
defined in subdivision (e) of this section, provided, however, that a
person that owns or leases any portion of an eligible building meeting
the criteria of paragraph four of subdivision (a) of this section shall
not be an eligible redistributor of energy unless that portion of such
mixed-use property, as defined in title two-E of article four of the
real property tax law, used for commercial purposes is metered directly
and separately from other portions of such mixed-use property.

(d) "Eligible revitalization area". Any area of a city having a
population of one million or more, provided that in the city of New York
the eligible revitalization area shall be the area 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.

(e) "Eligible revitalization area energy user". Any person that
purchases or otherwise receives energy services for its own use and that
occupies, operates or manages premises in an eligible building or
targeted eligible building, provided such premises are metered or
submetered as required in the last sentence of this subdivision, but
such term shall not include a person that (i) occupies residential
space; (ii) is engaged primarily in manufacturing activity in such
building; (iii) is a hospital; (iv) is a hotel; or (v) occupies retail
space. An eligible redistributor of energy or a qualified eligible
redistributor of energy is an eligible revitalization area energy user
with respect to (i) vacant premises within an eligible building or
targeted eligible building, which premises have been constructed or
renovated by such redistributor for occupancy by an eligible
revitalization area energy user other than such redistributor, provided
such vacant premises are metered or submetered in accordance with rules
of such department of business services; and (ii) common areas, systems
and facilities to the extent such common areas, systems and facilities
are used by eligible revitalization area energy users. Notwithstanding
the foregoing provisions of this subdivision, a person shall not be an
eligible revitalization area energy user if the premises occupied,
operated or managed by such person (i) exceed the lesser of ten thousand
contiguous square feet in area or the entire floor of a building and are
not individually and accurately metered or submetered to determine the
occupant's usage of energy services, or (ii) are located in that portion
of mixed-use property, as defined in title two-E of article four of the
real property tax law, used for commercial purposes, and such portion is
not metered directly and separately from other portions of such
mixed-use property.

(f) "Energy services bill". A bill rendered for energy services, which
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.

(g) "Hotel". A building, or a portion thereof, which is regularly used
and kept open as such for the lodging of guests. The term "hotel"
includes, but is not limited to, an apartment hotel, a motel, boarding
house or club, whether or not meals are served.

(h) "Hospital". A hospital as defined in section twenty-eight hundred
one of the public health law.

(i) "Manufacturing activity". An activity involving the assembly of
goods to create a different article or the processing, fabrication or
packaging of goods.

(j) "Person". Any individual, partnership, association, corporation,
limited liability company, agency of the state or federal government,
public benefit corporation or instrumentality of such agency or
corporation, estate or trust, and any combination of the foregoing.

(k) "Private utility". A utility that provides energy services within
any city having a population of one million or more, that is subject to
the general jurisdiction and supervision of the New York state public
service commission, and that is subject to a gross receipts tax imposed
pursuant to the authority contained in subdivision (a) of section twelve
hundred one of the tax law.

(l) "Public utility service". A service established pursuant to
article fourteen-A of the general municipal law by a city having a
population of one million or more.

(m) "Qualified eligible redistributor of energy". A person that owns
or leases a targeted eligible building, or a portion thereof, and that
purchases energy services on a metered basis from a public utility
service, and (i) resells or otherwise redistributes such energy services
to one or more eligible revitalization area energy users that occupy
such building or structure or (ii) consumes or uses such energy services
itself and qualifies as an eligible revitalization area energy user as
defined in subdivision (e) of this section, provided, however, that a
person that owns or leases any portion of a targeted eligible building
meeting the criteria of paragraph four of subdivision (q) of this
section shall not be a qualified eligible redistributor of energy unless
that portion of such mixed-use property, as defined in title two-E of
article four of the real property tax law, used for commercial purposes
is metered directly and separately from other portions of such mixed-use
property.

(n) "Retail space". Retail space other than space occupied by a
banker, insurance broker, real estate broker, stockbroker, lawyer,
doctor, accountant, or any licensed professional designated by rule of
such department of business services.

(o) "Special rebate". The amount of a reduction in an energy services
bill rendered by a private utility or public utility service to an
eligible redistributor of energy or a qualified eligible redistributor
of energy, or an agent of either, and calculated as a percentage of
eligible charges or eligible public utility service charges as specified
in section twenty-five-bb of this article.

(p) "Simple payback period". The number of years necessary to recoup
the cost of an energy conservation measure through annual energy cost
savings.

(q) "Targeted eligible building". A building or structure which is
located in an eligible revitalization area and:

(1) is eligible to obtain benefits under title two-D of article four
of the real property tax law, or would be eligible to receive benefits
under such title except that such property is exempt from real property
taxation and the requirements of paragraph (b) of subdivision seven of
section four hundred eighty-nine-dddd of the real property tax law have
not been satisfied, provided that application for such benefits was made
after the thirtieth day of June, nineteen hundred ninety-five and before
the first day of July, two thousand three, that construction or
renovation of such building or structure was described in such
application, that such building or structure has been substantially
improved by such construction or renovation, and (i) that twice the
minimum required expenditure as defined in such title has been made, or
(ii) where there is no applicable minimum required expenditure,
expenditures have been made for improvements to such real property in
excess of forty per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced and the building has been constructed within such period or
periods of time established by title two-D of article four of the real
property tax law for construction of a new building or structure; or

(2) has obtained approval after the thirtieth day of June, nineteen
hundred ninety-five and before the first day of July, two thousand
three, for financing by an industrial development agency established
pursuant to article eighteen-A of the general municipal law, provided
that such financing has been used in whole or in part to substantially
improve such building or structure by construction or renovation, that
expenditures have been made for improvements to such real property in
excess of forty per centum of the value at which such real property was
assessed for tax purposes for the tax year in which such improvements
commenced, and that such expenditures have been made within thirty-six
months after the earlier of (i) the issuance by such agency of bonds for
such financing, or (ii) the conveyance of title to such building or
structure to such agency; or

(3) is owned by the city of New York or the New York state urban
development corporation, or a subsidiary corporation thereof, a lease
for which was approved in accordance with the applicable provisions of
the charter of such city or by the board of directors of such
corporation, as the case may be, and such approval was obtained after
the thirtieth day of June, nineteen hundred ninety-five and before the
first day of July, two thousand three, provided that expenditures have
been made for improvements to such real property in excess of forty per
centum of the value at which such real property was assessed for tax
purposes for the tax year in which such improvements commenced, and that
such expenditures have been made within thirty-six months after the
effective date of such lease; or

(4) is eligible to obtain benefits under title two-E of article four
of the real property tax law, or would be eligible to receive benefits
under such title except that such property is exempt from real property
taxation and the requirements of paragraph (b) of subdivision ten of
section four hundred eighty-nine-ccccc of the real property tax law have
not been satisfied, provided that application for such benefits was made
after the thirtieth day of June, nineteen hundred ninety-five and before
the first day of July, two thousand three, that renovation of such
building or structure was described in such application, that such
building or structure has been substantially improved by such
renovation, and that twice the minimum required expenditure as defined
in such title has been made.

(r) "Energy services". The transmission and distribution of
electricity, and such other services that are associated with such
transmission and distribution, as shall be designated as energy services
by rule of the department of business services of a city having a
population of one million or more as such department deems necessary to
promote economic development, provided that energy services shall not
include the commodity of electricity.