N.Y. Public Authorities Law Section 1891
Definitions


As used in this section, the following terms shall have the following meanings:

1.

“Applicant” means a person who owns, leases or manages a structure and who has the authority to contract for the provision of qualified energy efficiency services to such structure.

2.

“Authority” shall have the same meaning as in subdivision two of § 1851 (Definitions)section eighteen hundred fifty-one of this article.

3.

“Constituency-based organization” means an organization incorporated for the purpose of providing services or other assistance to economically or socially disadvantaged persons within a specified community, and which is supported by, or whose actions are directed by, members of the community in which it operates.

4.

“Distribution utility” means any gas or electric corporation providing gas or electricity to end use consumers that is a public utility company, including a municipality, or a public utility authority organized pursuant to article 5 (Public Utility Authorities)article five of this chapter.

5.

“Eligible project” means qualified energy efficiency services for a non-residential structure, a residential structure or a multi-family structure. An eligible project shall not be considered (a) a major capital improvement pursuant to subparagraph (g) of paragraph one of subdivision g of section 26-405 of the administrative code of the city of New York, subparagraph (k) of paragraph one of subdivision g of section 26-405 of the administrative code of the city of New York, paragraph six of subdivision c of section 26-511 of the administrative code of the city of New York, paragraph three of subdivision d of section six of section four of chapter five hundred seventy-six of the laws of nineteen hundred seventy-four, and the second undesignated paragraph of paragraph (a) of subdivision four of section four of chapter two hundred seventy-four of the laws of nineteen hundred forty-six; or

(b)

an individual apartment improvement pursuant to subparagraph (e) of paragraph one of subdivision g of section 26-405 of the administrative code of the city of New York, paragraph thirteen of subdivision c of section 26-511 of the administrative code of the city of New York, paragraph one of subdivision d of section six of section four of chapter five hundred seventy-six of the laws of nineteen hundred seventy-four, and clause five of the second undesignated paragraph of paragraph (a) of subdivision four of section four of chapter two hundred seventy-four of the laws of nineteen hundred forty-six.

6.

“Energy audit” means a formal evaluation of a building’s energy consumption for the purpose of identifying methods to improve energy efficiency and conserve energy, including associated health and safety issues, conducted pursuant to standards established by the authority.

7.

“Green jobs-green New York revolving loan fund” or “revolving loan fund” means the green jobs-green New York revolving loan fund created by subdivision one of § 1896 (Green jobs-green New York revolving loan fund)section eighteen hundred ninety-six of this title.

8.

“Multi-family structure” means a multi-unit residential building with five or more dwelling units.

9.

“Non-residential structure” means a building that is used or occupied by a small business or a not-for-profit corporation.

10.

“Not-for-profit corporation” means a corporation defined in subdivision five of paragraph (a) of section one hundred two of the not-for-profit corporation law.

11.

“Program” means the green jobs-green New York energy conservation and community sustainability program created by this title.

12.

“Qualified energy efficiency services” means a modification to a structure, based on recommendations contained in an energy audit performed under the program created under § 1892 (Purpose)section eighteen hundred ninety-two of this title or as otherwise approved by the authority, which is consistent with standards established by the authority, that will increase the energy efficiency and conservation of an existing structure, including but not limited to:

(a)

application of weatherstripping, caulking, sealant and other materials around doors, windows, and other areas of a building for the purpose of insulating or sealing openings in the building envelope and within the building to mitigate energy loss;

(b)

testing, repairing and replacing heating or cooling systems or components of such systems;

(c)

thermostat upgrades;

(d)

water heater repair and replacement;

(e)

roof, chimney, fireplace and roof vent repair, insofar as such repairs are determined by an energy audit to be necessary to mitigate energy loss or resolve energy-system related health and safety issues;

(f)

repair and replacement of storm windows, permanent windows and exterior doors;

(g)

repair or replacement of major household appliances;

(h)

installation of thermal solar heat or hot water systems;

(i)

addition of insulation to exterior walls or ceilings;

(j)

replacement of inefficient light bulbs and lighting fixtures and systems;

(k)

minor repairs that are necessary to ensure maximum efficiency from the provision of qualified energy efficiency services;

(l)

installation of carbon monoxide detectors and indoor environmental testing and mitigation deemed necessary as a result of the provision of other qualified energy efficiency services;

(m)

fuel switching to convert an electrically-heated building to a more efficient heating source provided that significant energy cost-savings can be demonstrated pursuant to standards established by the authority;

(n)

installation of energy technologies eligible for net energy metering pursuant to section sixty-six-j or sixty-six-l of the public service law; and

(o)

purchase and installation of geothermal energy systems.

13.

“Residential structure” means a residential building that has four or fewer dwelling units.

14.

“Small business” shall have the same meaning as in Economic Development Law § 131 (Definition of a small business)section one hundred thirty-one of the economic development law.

15.

“Structure” means (a) a non-residential structure, (b) a residential structure, and

(c)

a multi-family structure.

Source: Section 1891 — Definitions, https://www.­nysenate.­gov/legislation/laws/PBA/1891 (updated Jan. 5, 2018; accessed Jun. 8, 2024).

Accessed:
Jun. 8, 2024

Last modified:
Jan. 5, 2018

§ 1891’s source at nysenate​.gov

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