N.Y. Comp. Codes R. & Regs. tit. 9 § 1632.7

Current through Register Vol. 46, No. 25, June 18, 2024

Section 1632.7 - Implementation of recommendations

(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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 1632.7