State Codes and Statutes

Statutes > New-york > Gct > Article-2-i > 25-aa

§  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  thirteen,  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  thirteen,  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 thirteen, 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  suchbuilding   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  meetingthe  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  orrenovation   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.

State Codes and Statutes

Statutes > New-york > Gct > Article-2-i > 25-aa

§  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  thirteen,  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  thirteen,  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 thirteen, 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  suchbuilding   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  meetingthe  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  orrenovation   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.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Gct > Article-2-i > 25-aa

§  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  thirteen,  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  thirteen,  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 thirteen, 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  suchbuilding   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  meetingthe  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  orrenovation   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.

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