Title 9 Part 7920

This Part establishes the rules governing the Not-for-Profit Energy Incentive Program. The program provides rebates to eligible not-for-profit organizations, public and private, not-for-profit schools, colleges and hospitals, units of local government, and public care facilities to implement eligible energy conservation measures.

To be eligible to receive a program rebate, an applicant must:

In addition to the requirements of subdivision (a) of this section, an applicant which leases a facility must satisfy the following conditions:

To be eligible for a program rebate, the total cost of the project, including any in-kind services being claimed as part or all of the applicant's matching share, must not exceed $50,000. The rebates shall be available for 50 percent of the total project cost up to a maximum rebate of $25,000. Rebates shall be awarded on a first-come, first-served basis until all funds allocated for rebates are exhausted.

Program rebates shall be limited to $25,000 per 12-month period for each facility to be improved.

In no event may an applicant which owns or leases more than one facility receive more than $100,000 in rebates in any 12-month period.

A joint application may be submitted by a group of eligible applicants occupying the same building for projects that are mutually beneficial ( e.g., boiler replacements or HVAC improvements). Each of such eligible applicants shall be subject to the limitations set forth in this section.

An energy conservation measure must:

In addition to meeting the requirements of subdivision (a) of this section, the following special provisions shall apply.

The following energy conservation measures and activities are not eligible for rebates:

The total estimated project cost shall include costs to be incurred by the applicant and the value of in-kind services to be provided. Such costs shall not include administrative expenses, or costs associated with obtaining a focused energy analysis.

The value assigned to in-kind services is not a cost which is eligible for a program rebate. However, such value may be included as part of the applicant's required contributory or matching share of the total project cost.

Each program rebate application submitted to the Energy Office shall contain the following materials:

A focused energy analysis must be performed by a utility company representative, registered architect, or a professional engineer, in accordance with generally accepted engineering standards.

A focused energy analysis must contain the following information:

The Energy Office shall provide written notification to each applicant approved to receive a program rebate. Such notice shall set forth the terms and conditions under which the program rebate is to be made.

Rebate commitments generally or with respect to specific categories of applicants shall be subject to the availability of program funds appropriated by the New York State Legislature.

The rebate recipient is expected to adhere to the scope of work for the project as reviewed and approved by the Energy Office. The rebate recipient shall promptly provide written notice to and obtain written approval from the Energy Office for any changes in energy conservation improvements to be implemented which differ from the notice of rebate commitment issued by the Energy Office. Under no circumstances will payment be made by the Energy Office for work not approved by the Energy Office.

Following completion of the entire project as described in the notice of rebate commitment, the rebate recipient must apply for payment by submitting a standard request form together with a project completion certificate, a copy of an invoice from the contractor and/or material supplier, information regarding any financial assistance received from the applicants' utility company, documentation of in-kind expenses such as wage schedules and time sheets, if applicable, and/or proof of payment in the form of a receipt or copy of a cancelled check.

Except as provided in subdivision (c) of this section, the amount of the rebate paid to the recipient by the Energy Office shall be the lesser of the amount stated in the notice of rebate commitment or 50 percent of the actual costs incurred in implementing the project.

Where an applicant has sought or received a financial incentive from its utility company for the same measures identified in the notice of rebate commitment, the amount of the Energy Office rebate shall be reduced to limit the combined payments to no more than 100 percent of the completed project cost.

The Energy Office, in addition to any other rights and remedies it may have pursuant to law, may withhold, rescind, or adjust payment of a program rebate or any portion thereof for failure to comply with the requirements of this Part or the terms and conditions of the notice of rebate commitment.

The rebate recipient shall provide Energy Office personnel or its designated agents with reasonable access to the project site and to records relating to such project, including energy consumption records, for purposes of inspection.

Records relating to the project must be retained by the rebate recipient for a period of six years from the date of issuance of the rebate payment.