N.Y. Public Authorities Law § 1872: Green residential building program

§ 1872. Green residential building program. 1. Definitions. As used in

this section, the following terms shall have the following meanings:

(a) "Green residential building standards" means standards,

guidelines, a rating system, and/or criteria relating to design and

building techniques established or promulgated by the authority pursuant

to this section, which are intended to: (i) promote smart growth and

smart site planning; (ii) reduce greenhouse gas emissions; (iii) achieve

energy efficiency and reduce energy consumption; (iv) facilitate the

incorporation of environmentally responsible products; (v) promote the

efficient use of natural resources; (vi) promote the conservation of

materials and resources; (vii) reduce waste; and (viii) create a healthy

indoor living environment.

(b) "Owner" means a person who owns a residential building on the date

that: (i) a certificate of occupancy is issued to such building in the

case of a new residential building; or (ii) substantial renovations to

an existing residential building are completed pursuant to standards and

criteria established by the authority.

(c) "Qualified occupied square footage" means the habitable spaces of

a residential building pursuant to standards and criteria established by

the authority, and shall not include storage areas, mechanical rooms,

utility rooms, and attic and crawl spaces.

(d) "Residential building" means a single family home or multi-family

home with less than twelve dwelling units pursuant to standards and

criteria established by the authority.

(e) "Substantial renovations" mean significant improvements or

restorations to, or substantial replacement or repair of materials,

systems or components of, a residential building pursuant to standards

and criteria established by the authority.

2. Application of program. The authority is hereby authorized to

establish and administer a green residential building program to provide

incentives for the construction of new residential buildings, and the

substantial renovation of residential buildings, pursuant to standards

and criteria established by the authority.

3. Incentive payments. (a) As part of the green residential building

program created pursuant to this section, the authority is authorized to

provide for and award incentive payments to:

(i) qualified owners of new residential buildings that the authority

determines have been constructed pursuant to applicable green

residential building standards, and that satisfy other program standards

and criteria as established by the authority, and who have received a

certificate of occupancy for such building on and after January first,

two thousand ten, and before October thirty-first, two thousand

thirteen; and

(ii) qualified owners of existing residential buildings that the

authority determines have undergone substantial renovations pursuant to

applicable green residential building standards, and that satisfy other

applicable program standards and criteria as established by the

authority, where the renovations to such building are completed on and

after January first, two thousand ten, and before October thirty-first,

two thousand thirteen.

In determining the amount of an incentive payment, the authority is

authorized to consider whether the person who is eligible to receive the

incentive payment has received, will be receiving or is eligible to

receive financial assistance or incentives from any other source for the

construction or renovations that are the subject of an incentive

payment.

(b) No incentive payment made pursuant to this subdivision shall

exceed:

(i) with respect to a residential building with two or fewer dwelling

units, an amount equal to the product of the amount of qualified

occupied square footage, not to exceed two thousand square feet, and

three dollars and seventy-five cents;

(ii) with respect to a residential building with greater than two

dwelling units but fewer than six dwelling units, an amount equal to the

product of the amount of qualified occupied square footage, not to

exceed three thousand square feet, and three dollars and seventy-five

cents;

(iii) with respect to a residential building with at least six

dwelling units, an amount equal to the product of the amount of

qualified occupied square footage, not to exceed four thousand square

feet, and three dollars and seventy-five cents; and

(c) In addition to the limitations on incentive payments set forth in

paragraph (b) of this subdivision, no qualified owner shall receive more

than one hundred twenty thousand dollars in qualified incentive payments

during any calendar year.

4. Regulations. (a) The authority shall promulgate rules and

regulations to establish green residential building standards and/or

criteria as part of any green residential building program created

pursuant to this section. In establishing such standards and criteria,

the authority may consult standards and criteria established or adopted

by other organizations, including but not limited to, the United States

green building council under its leadership in energy and environmental

design programs and the American National Standards Institute.

(b) The authority shall promulgate rules and regulations for the

administration of any green residential building established pursuant to

this section, including but not limited to eligibility criteria,

application procedures, award determinations, dollar-per-square footage

award levels, training and qualification procedures for builders and

technicians, and inspection procedures, documentation and compliance

requirements for the program.

(c) The authority is authorized to: (i) consult with the department of

environmental conservation, the department of state, the division of

housing and community renewal and any other agency or public authority

which the authority deems appropriate in the development of green

residential building standards and any other standards and criteria

developed pursuant to this subdivision; (ii) prepare, in consultation

with such agencies and authorities, and to make available to the public,

green residential building program manuals and brochures for the purpose

of ensuring that the standards and criteria applicable to such program

are available to persons who may wish to participate in the program, to

facilitate the construction of green buildings and the renovation of

existing residential buildings using green construction principles; and

(iii) coordinate the administration of any green residential building

program created pursuant to this section with other programs that are

administered by the authority.

5. Reporting. No later than September first, two thousand eleven and

September first of each year thereafter, the president shall prepare and

furnish a written report to the governor, the temporary president of the

senate, and the speaker of the assembly concerning the authority's

activities under this section. Such report shall include, but shall not

be limited to:

(a) the name and address of each recipient of incentive payments made

by the authority pursuant to this section during the preceding calendar

year;

(b) the amount of any incentive payment made to each such person; and

(c) a description of the project and the work performed that earned

the incentive payment.