§ 25-bb. Special rebates. (a) Amount of special rebates. Special
rebates shall be made to eligible redistributors of energy or qualified
eligible redistributors of energy, and discounts shall be made to a
public utility service, pursuant to paragraph one or two of this
subdivision, whichever is applicable:

(1) A private utility shall make a special rebate to an eligible
redistributor of energy equal to the following percentages of eligible
charges:
Months During Applicable % of Eligible
Benefit Period Charges or Eligible Public
Defined in Utility Service Charges
Subdivision (e)
first through ninety- 45%
sixth
ninety-seventh
through one hundred 36%
eighth
one hundred ninth
through one hundred
twentieth 27%
one hundred twenty-
first through one
hundred thirty-second 18%
one hundred thirty-
third through one
hundred forty-fourth 9%
; provided, however, that a private utility shall make a special rebate
to an eligible redistributor of energy that owns or leases an eligible
building that, in accordance with procedures set forth in local law, was
designated as a landmark before the issuance of a certificate of
eligibility pursuant to subdivision (f) of this section, equal to the
following percentages of eligible charges:
Months During Applicable % of Eligible
Benefit Period Charges or Eligible Public
Defined in Utility Service Charges
Subdivision (e)
first through one
hundred eighth 45%
one hundred ninth
through one hundred
twentieth 36%
one hundred twenty-
first through one
hundred thirty-second 27%
one hundred thirty-
third through one
hundred forty-fourth 18%
one hundred forty-
fifth through one
hundred fifty-sixth 9%
; or provided, however, that the department of business services of a
city having a population of one million or more may increase such
percentages at its discretion in order to maintain the special rebate at
levels comparable to those historically provided under the program,
pursuant to rules that are generally applicable to distinct classes of
energy users.

(2) Where, pursuant to a written agreement between such public utility
service and the power authority of the state of New York, such public
utility service sells energy services to a qualified eligible
redistributor of energy that has been individually approved by such
power authority and certified pursuant to subdivision (f) of this
section before November first, two thousand, or to an eligible
redistributor of energy that has been individually approved by such
power authority and certified pursuant to subdivision (f) of this
section after October thirty-first, two thousand, and such energy
services have been provided by a private utility, such private utility
shall make a discount to such public utility service and such public
utility service shall make a special rebate to such qualified eligible
redistributor of energy or such eligible redistributor of energy, which
discount and special rebate shall be the product of the eligible public
utility service charges to such qualified eligible redistributor of
energy and the applicable percentage for a special rebate for energy
services in the applicable schedule contained in paragraph one of this
subdivision.

(b) Implementation by private utility and public utility service. Each
private utility or public utility service that is required to make a
special rebate to an eligible redistributor of energy or qualified
eligible redistributor of energy by subdivision (a) of this section
shall reduce each energy services bill for such redistributor by the
full amount of the special rebate or rebates that shall have accrued for
the period covered by each such bill. Such utility or utility service
shall cease to make such reductions in such energy services bills upon
receipt of notification from the department of small business services
of a city having a population of one million or more that the
certification issued pursuant to subdivision (f) of this section has
been suspended or terminated, and such utility or utility service shall
change the amount of such reduction in accordance with such notification
from such department. Notwithstanding the provisions of this
subdivision, a private utility or public utility service shall not be
required to provide a special rebate in an amount that exceeds the
amount of such energy services bill.

(c) Implementation by redistributor. An eligible redistributor of
energy or a qualified eligible redistributor of energy shall implement
the following:

(1) An eligible redistributor of energy or a qualified eligible
redistributor of energy shall reduce the energy services bills rendered
by such redistributor to eligible revitalization area energy users
occupying, operating or managing premises in eligible buildings or
targeted eligible buildings owned or leased by such redistributor by an
amount equal, in the aggregate, to one hundred per centum of each
special rebate received by such redistributor.

(2) Each eligible redistributor of energy or qualified eligible
redistributor of energy shall allocate the reductions required by
paragraph one of this subdivision in accordance with each such eligible
revitalization area energy user's use of energy services as follows: (i)
if the premises of such user are submetered, such use shall be
determined by such submeter; (ii) if the premises of such user are not
submetered, such use shall be determined by rules of such department of
small business services; and (iii) if an eligible redistributor of
energy or qualified eligible redistributor of energy charges amounts to
eligible revitalization area energy users that vary annually or more
frequently with the costs incurred by such redistributor for the
operation of common areas, systems or facilities, such redistributor
shall reduce such charges by the portion of the special rebates
attributable thereto.

(3) Each eligible redistributor of energy or qualified eligible
redistributor of energy shall individually and accurately submeter the
energy services sold or otherwise redistributed by such redistributor to
each such eligible revitalization area energy user or other occupant of
eligible buildings or targeted eligible buildings owned or leased by
such redistributor so as to enable a determination of each such user's
or occupant's usage of energy services, provided such user or occupant
occupies, operates or manages premises that equal or exceed the lesser
of ten thousand contiguous square feet in area or the entire floor of a
building.

(4) Each eligible redistributor of energy or qualified eligible
redistributor of energy shall limit charges to those eligible
revitalization area energy users that are submetered in accordance with
this section to a price for the purchase of energy services that shall
be no higher than the price paid by such redistributor, provided that an
additional fee, not exceeding twelve per centum of such price, may be
charged by such redistributor for energy services sold to such eligible
revitalization area energy users.

(5) Each eligible redistributor of energy or qualified eligible
redistributor of energy shall separately state in all energy services
bills rendered by such redistributor to an eligible revitalization area
energy user for sales of energy services the amount of the reduction in
charges for energy services representing the share of the special rebate
allocated to such user, or that no reduction has been made. All such
bills for energy services shall state substantially the following: "You
may be entitled to share a rebate that your landlord has received for
charges for energy pursuant to the revitalization area energy rebate
program. The amount is separately stated and identified in this bill."

(6) Each eligible redistributor of energy or qualified eligible
redistributor of energy shall keep records verifying compliance with the
provisions of this article and ensure that such department of small
business services and other appropriate city agency or agencies, as
determined by rule of such department, have access to such records.

(7) Each eligible redistributor of energy or qualified eligible
redistributor of energy shall provide access to eligible buildings and
targeted eligible buildings by such department of small business
services and other appropriate city agency or agencies, as determined by
rule of such department, for the purpose of inspecting meters and other
equipment and verifying the accuracy of any application or supplement
thereto filed with such agency pursuant to this article.

(d) Additional obligations of qualified eligible redistributors of
energy. A qualified eligible redistributor of energy shall (i) submit to
such department of small business services on an annual basis proof that
the heating and cooling systems within the targeted eligible building
continue to meet the performance standards specified in former section
7813.21 of the New York state energy conservation construction code
promulgated pursuant to article eleven of the energy law, or if
applicable, a municipal code authorized pursuant to such article, or
such predecessor section to which such building, when constructed or
substantially renovated, was subject, and (ii) to the extent that the
cost of motors or lighting equipment described in former sections
7813.52 and 7813.53 of the energy conservation construction code is
included as part of the expenditures required in subdivision (q) of
section twenty-five-aa of this article, the qualified redistributor of
energy shall certify to such agency that all such compatible equipment
with a simple payback period of five years or less has been installed.

(e) Benefit period. An eligible redistributor of energy or a qualified
eligible redistributor of energy shall be eligible for special rebates
for a benefit period which begins on the first day of the first billing
cycle which commences after the certification is issued pursuant to
subdivision (f) of this section; such period, unless sooner ended due to
a termination of such certification, shall end one hundred forty-four
months after the beginning of such period, provided, however, that if
such redistributor owns or leases an eligible building that, in
accordance with procedures set forth in local law, was designated as a
landmark before the issuance of such certification, then such period
shall end one hundred fifty-six months after the beginning of such
period.

(f) Application and certification. An owner or lessee of a building or
structure located in an eligible revitalization area, or an agent of
such owner or lessee, may apply to such department of small business
services for certification that such building or structure is an
eligible building or targeted eligible building meeting the criteria of
subdivision (a) or (q) of section twenty-five-aa of this article.
Application for such certification must be filed after the thirtieth day
of June, nineteen hundred ninety-five and before a building permit is
issued for the construction or renovation required by such subdivisions
and before the first day of July, two thousand twenty-seven, provided
that no certification for a targeted eligible building shall be issued
after October thirty-first, two thousand. Such application shall
identify expenditures to be made that will affect eligibility under such
subdivision (a) or (q). Upon completion of such expenditures, an
applicant shall supplement such application to provide information (i)
establishing that the criteria of such subdivision (a) or (q) have been
met; (ii) establishing a basis for determining the amount of special
rebates, including a basis for an allocation of the special rebate among
eligible revitalization area energy users purchasing or otherwise
receiving energy services from an eligible redistributor of energy or a
qualified eligible redistributor of energy; and (iii) supporting an
allocation of charges for energy services between eligible charges and
other charges. Such department shall certify a building or structure as
an eligible building or targeted eligible building after receipt and
review of such information and upon a determination that such
information establishes that the building or structure qualifies as an
eligible building or targeted eligible building. Such department shall
mail such certification or notice thereof to the applicant upon
issuance. Such certification shall remain in effect provided the
eligible redistributor of energy or qualified eligible redistributor of
energy reports any changes that materially affect the amount of the
special rebates to which it is entitled or the amount of reduction
required by subdivision (c) of this section in an energy services bill
of an eligible revitalization area energy user and otherwise complies
with the requirements of this article. Such department shall notify the
private utility or public utility service required to make a special
rebate to such redistributor of the amount of such special rebate
established at the time of certification and any changes in such amount
and any suspension or termination by such department of certification
under this subdivision. Such department may require some or all of the
information required as part of an application or other report be
provided by a licensed engineer.

(g) Rules. Such department of business services may promulgate rules
to carry out the purposes of this article, including but not limited to
rules that:

(i) prescribe methods for determining the amount of special rebates
and the allocations of reductions in energy services bills among
eligible revitalization area energy users as required by this article,
including allocations of charges between eligible charges, eligible
public utility service charges and other charges and formulas and
methods for such allocations where usage of energy services for a
particular purpose or a particular occupant is not metered or submetered
or cannot be precisely ascertained for any other reason;

(ii) require that eligible revitalization area energy users and other
users that are not eligible revitalization area energy users purchase
energy services directly from a private utility or public utility
service if the direct purchase from such a utility or service would
facilitate the determination of the amount of special rebates and the
allocations of reductions in energy services bills among eligible
revitalization area energy users;

(iii) require eligible redistributors of energy and qualified eligible
redistributors of energy to include statements in new leases, contracts
and other agreements with eligible revitalization area energy users and
other occupants, and to disclose to such users and other occupants the
terms and conditions for the sale of energy services to such users and
other occupants and the availability of reductions in energy services
bills pursuant to this article, and rules that require such
redistributors to make written assurances or undertakings to eligible
revitalization area energy users that appropriate reductions in energy
services bills will be made pursuant to this article, and rules that
prescribe forms for such statements, disclosures, assurances, and
undertakings;

(iv) require any eligible redistributor of energy, qualified eligible
redistributor of energy, eligible revitalization area energy user,
private utility or other person selling energy services within such city
to keep records of all transactions subject to this article and to make
such records available to appropriate city agencies;

(v) require that statements in connection with the application and any
amendments thereof be made under oath;

(vi) prescribe requirements for reports to be made annually and at
other times to such department by an eligible redistributor of energy or
a qualified eligible redistributor of energy during the duration of the
benefit period defined in subdivision (e) of this section; and

(vii) provide for such administrative charges or fees as are necessary
to defray expenses in administering the special rebates provided
pursuant to this article, including, but not limited to the cost of a
survey conducted on behalf of such department to determine exclusions
from eligible charges and eligible public utility service charges or
allocations between eligible revitalization area energy users and other
persons.

(h) Enforcement. Such department of business services may deny an
application for a certificate of eligibility or suspend or terminate a
certificate of eligibility issued pursuant this article whenever: (i) an
eligible redistributor of energy or a qualified eligible redistributor
of energy fails to comply with the requirements of this article or the
rules promulgated hereunder; or (ii) an application, certificate,
amendment, supplement, annual report or other document submitted by an
applicant pursuant to this article or such rules contains a false or
misleading statement as to a material fact or omits to state any
material fact necessary in order to make the statements therein not
false or misleading; or (iii) any real property tax or water or sewer
charge due and payable with respect to an eligible building or targeted
eligible building shall remain unpaid for at least one year following
the date upon which such tax or charge became due and payable, unless
within thirty days from the mailing of a notice of termination by such
department satisfactory proof is presented to such department that any
and all delinquent taxes and charges owing with respect to such building
as of the date of such notice have been paid in full or are currently
being paid in timely installments pursuant to a written agreement with
the appropriate agency of such city; or (iv) any payment in lieu of
taxes payable with respect to such buildings shall remain unpaid for at
least one year following the date upon which such payment became due and
payable. Such department shall terminate a certificate of eligibility in
the event an eligible redistributor of energy or qualified eligible
redistributor of energy fails at any time within the first five years of
the benefit period to submeter any premises as required by paragraph
three of subdivision (c) of this section. Such city may maintain a civil
action or proceeding to recover an amount equal to any benefits
improperly obtained.