N.Y. Comp. Codes R. & Regs. tit. 9 § 7910.7

Current through Register Vol. 46, No. 50, December 11, 2024

Section 7910.7 - Energy audits and technical feasibility studies

(a) Age of audit and technical feasibility studies. An energy audit or technical feasibility study must have been performed or updated within one year of the date of submission of a program application to the Energy Office. Updates need address only energy conservation improvements for which a interest subsidy is being requested. Updates must include a recalculation of the paybacks of the original energy audit's or technical feasibility study's proposed energy conservation improvements, based on current fuel costs.

(b) Acceptable energy audits. Energy audits which will be accepted by the Energy Office include Energy Office-sponsored audits, apartment building conservation service audits, other government-sponsored and utility company energy audits as approved by the Energy Office, and private audits stamped with the seal and signature of a registered architect or professional engineer.

(c) Acceptable technical feasibility studies. Technical feasibility studies must be prepared under the supervision of and stamped with the seal and signature of a registered architect or professional engineer in order to be accepted by the Energy Office.

(d) Information on energy conservation improvements. An energy audit or technical feasibility study must contain the following information regarding each energy conservation improvement for which an interest subsidy is being requested:

(1) a detailed description of the improvement to be implemented, including any necessary sketches or diagrams;

(2) all calculations, including units of measurement and formulae, of annual fuel use, and annual Btu and energy cost savings, with all assumptions and parameters clearly presented. The annual Btu and energy cost savings shall be based on actual building consumption records for the building for the prior 12- month period, if the building was occupied during such period, and shall not include savings from taxes, dollar savings due to switching to lower cost fuels, and other savings which may be deemed inappropriate by the Energy Office. All formulae and calculations shall be based on generally accepted engineering standards and practices, and shall be reviewed for completeness and reasonableness by the Energy Office; and

(3) the results of a combustion efficiency test, if furnace or boiler modifications or replacements are being implemented.

(e) Conflict of interest prohibited.

(1) A person performing an energy audit or technical feasibility study, or a person acting as an agent on behalf of an applicant, is permitted to provide construction management services to an approved applicant. However, except as noted in paragraphs (2) and (3) of this subdivision, such person may not participate directly or indirectly in the sale or installation of an energy conservation improvement to be implemented by the applicant with the proceeds of a program loan.

(2) For energy conservation improvements, such as cogeneration projects, which are determined by the Energy Office to require a vendor's special expertise, a person performing an energy audit or technical feasibility study may be involved in the sale or installation of an energy conservation improvement being implemented by the applicant with the proceeds of a program loan.

(3) For energy conservation improvement projects which receive financial assistance through the Federal Weatherization Assistance for Low-Income Persons Program, a subgrantee performing an energy audit or technical feasibility study may be involved in the installation of the energy conservation improvement project being implemented with the proceeds of a program loan.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 7910.7