9 NYCRR Part 1632 - Executive Department

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Source version current through Sep 15, 2021

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9 NYCRR 1632.1 - Scope

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NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

This Part governs the performance of energy audits by authorities, and the implementation of certain energy audit recommendations, pursuant to section 37(3) of the Public Housing Law, as added by chapter 409 of the Laws of 1982, including procedures for the filing of energy audit reports and for the certification of implementation of certain energy audit recommendations.

9 NYCRR 1632.2 - Definitions

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

As used in this Part, the following terms have the following meanings:

(a)Duly constituted tenants' association.

An organization of tenants of a project which is recognized as the representative tenants' organization for the project.

(b)Energy audit.

An analysis of a building in order to determine the potential for reducing energy consumption for the provision of energy services, including but not limited to heat, hot water, lighting, equipment and appliances. An energy audit includes at a minimum an analysis of the heating, lighting, hot water, distribution and electrical systems, and the building envelope, including the determination of heat losses through conduction and infiltration. For the purposes of this Part, an energy audit report shall satisfy the requirements of sections 1632.4 and 1632.5 of this Part.

(c)Energy audit report.

A written report containing the results of a building energy audit, including but not limited to the building's historical consumption, the energy conservation measures considered, and the recommended energy conservation measures, their estimated cost, estimated fuel savings and simple payback.

(d)Energy conservation measure (ECM).

A capital improvement, system replacement, repair or modification or change in operating and maintenance practices which is expected to reduce energy consumption.

(e)Simple payback.

An indicator of the cost effectiveness of an energy conservation measure, determined by dividing the installed cost of the energy measure, excluding financing costs, by the dollar value of the annual energy savings.

9 NYCRR 1632.3 - Filing of energy audit report

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Each authority shall file an energy audit report with the bureau of management of the division not later than six months from the effective date of this Part. The report shall include a certification made in writing under oath by the auditor who performed the audit that such person or entity is qualified to conduct the energy audit in accordance with the provisions of section 1632.6 of this Part.

(b)A copy of the energy audit report shall be given by the authority to the designated representative of any duly constituted tenants' association. In addition, a copy shall be made available by the authority during normal business hours for inspection and copying by any tenant who requests it. The charge, if any, for copying, shall not exceed 25 cents per page.

(c)

(1)The report of an energy audit conducted within 24 months prior to the effective date of this Part, by an auditor qualified under section 1632.6 of this Part, shall satisfy the requirements of this section, provided it complies with the provisions of sections 1632.4 and 1632.5 of this Part and is filed and made available in accordance with this section.

(2)An energy audit report using the New York State Energy Office Multi-Family Energy Audit Workbook and submitted in conjunction with an application for Home Energy Assistance Program weatherization funds, shall, if filed in accordance with this section, satisfy the requirements of this section.

9 NYCRR 1632.4 - Nature of audit

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

At a minimum, the energy audit shall include an analysis of the energy and cost savings associated with the following measures, provided that no measure shall be considered which would violate State or local code requirements:

(a)caulking and weatherstripping of windows and of apartment doors, exterior doors and doors opening onto unheated areas;

(b)insulation of the building or dwelling, including pipe (including return lines), duct, wall, floor, roof and/or attic insulation and insulation of a boiler, hot water heater and hot water storage tank;

(c)storm windows, storm doors and double-glazed replacement windows;

(d)boiler/burner or utility plant modifications which increase the efficiency of the heating system, including replacement burners and/or boilers, burner derating, boiler/burner tune-ups, installation of automatic heating or cooling control devices, and devices for modifying flue openings. The audit shall include a combustion efficiency test and recommendations for improving combustion efficiency;

(e)distribution system modifications, including replacement, repair or installation of air vents, radiator valves, steam traps, thermostatic radiator valves, zone control valves and steam pressure modifications;

(f)replacements of, or modifications to, the lighting system to reduce electrical consumption without diminishing building security or tenant health and safety;

(g)domestic hot water modifications, including installation of low flow showerheads, faucet aerators, and separate hot water heaters, reduction of hot water temperature and techniques to reduce hot water leakage; and

(h)modifications of operating and maintenance practices to reduce energy consumption.

9 NYCRR 1632.5 - Report contents

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

The energy audit report shall be in a form and content acceptable to the division and shall include the following information:

(a)an analysis of which measures are appropriate to the audited building(s), including all measures considered in the audit;

(b)estimates of the implementation cost, energy and cost savings which would result from implementation of the appropriate measures, including a correlation with historical consumption, and estimates of the simple payback of implementation of such measures; and

(c)a summary of recommendations contained in the report, including the cost and estimated payback.

9 NYCRR 1632.6 - Auditor qualifications

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

Only the following persons or entities shall be considered qualified to conduct an energy audit under this Part:

(a)a public utility with a plan for conducting multi-family energy audits approved by the Public Service Commission pursuant to the Home Insulation and Energy Conservation Act;

(b)an engineer or architect licensed or registered by the State of New York; or

(c)a representative of the authority, provided such representative is certified by the New York State Energy Office as having attended an energy audit training workshop using the New York State Energy Office Multi-Family Energy Audit Workbook and sponsored by such office. The representative must include in the energy audit report the date and location of the workshop he or she attended.

9 NYCRR 1632.7 - Implementation of recommendations

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Dates and status

NYCRR title agency: Executive Department
Section status: Section source receipt
Source version current through: Sep 15, 2021

(a)Prior to March 31, 1984, each authority shall certify to the bureau of management of the division that all energy conservation measures recommended in the energy audit report submitted pursuant to this Part, which have a simple payback period of 12 months or less, have been implemented. Such certification shall indicate each energy conservation measure recommended by the energy audit and completed by the authority.

(b)An authority may request a waiver of the requirement of subdivision (a) of this section, provided that an energy audit report is filed as required by this Part and the request is made at the same time the report is filed.

(c)The only condition for consideration of a waiver of the implementation schedule is that the authority cannot implement the identified energy conservation measures by March 31, 1984, given the projected rent revenues and other monies available to the authority from reserve funds, loans or grants from the State or Federal governments or any other source. The waiver request must justify why implementation of the identified energy conservation measures is not financially feasible, despite the simple payback of 12 months or less, and shall include appropriate documentation. In no case shall no-cost operating and maintenance items be considered for a waiver.

(d)Each request for a waiver of the implementation schedule shall be considered on a case-by-case basis. In reviewing such requests, the division will consider all factors affecting the fiscal condition of the authority, including, but not limited to, the following: current and projected income, from rents and other sources; current and projected expenses, including fuel and utility expenses; accounts payable and receivable; status of reserve funds and other investments; ability to obtain conventional and subsidized financing or grants; the implementation of other energy conservation measures; and other projected capital improvements.

(e)If the request for a waiver of the implementation schedule is not approved within 60 days of the date the request is made, the waiver request shall be deemed to be denied.

(f)If the division grants a waiver from the implementation date of March 31, 1984, a new schedule shall be prescribed by the division to provide for implementation of the identified energy conservation measures. The division may require that any monies withdrawn from the reserve fund to pay for energy conservation measures not considered to be eligible replacement reserve expenditures be returned to the reserve fund in accordance with a schedule which reflects the payback period.

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