N.Y. Public Authorities Law § 1891: Definitions

§ 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

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 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 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 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 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.