§ 25-s. Definitions. As used in this article the following terms shall\nhave the following meanings:\n (a) "Eligible energy user". Any non-residential user of energy\nservices, except a government agency, public benefit corporation, or\ninstrumentality thereof, hotel, or retail vendor as defined in this\nsection that:\n (1) takes occupancy of non-residential premises after May third,\nnineteen hundred eighty-five, for which it has, after such date, entered\ninto a written agreement to buy or lease, provided that such premises\nare located in an eligible area and that such premises are a replacement\nfor premises previously occupied by such energy user for a continuous\nperiod of twenty-four months during the thirty month period immediately\npreceding such user's taking occupancy, which previously occupied\npremises were: (A) outside an eligible area, or (B) within a commercial\ndevelopment pressure area, provided that such replacement premises are\nnot located in a commercial development pressure area; or\n (2) occupies, operates or manages specially eligible premises as\ndefined in this section.\n Eligible energy users shall not include an occupant of premises\ncontained within a commercial development pressure area that have been\nused principally for manufacturing activities at any time during the\ntwelve-month period prior to such occupant's taking occupancy unless\nsuch occupant uses such premises principally for manufacturing\nactivities or such user takes occupancy of such premises after June\nthirtieth, two thousand. In addition, an occupant of premises described\nin paragraph one or two of this subdivision shall not be an eligible\nenergy user unless: (i) the energy services used and electricity and\nnatural gas consumed by such occupant at such premises are individually\nand accurately metered and billed so as to enable a determination of the\noccupant's usage of energy services, natural gas and electricity; and\n(ii) for any occupant purchasing energy services, natural gas or\nelectricity from a vendor of energy services, (A) the price charged by\nsuch vendor for such energy services, electricity and natural gas shall\nbe no higher than the price that would have been charged such occupant\ndirectly by a utility pursuant to the applicable tariffs of the New York\nstate public service commission or the federal energy regulatory\ncommission, provided that an additional fee, not exceeding twelve\npercent of such price, may be charged by such vendor, and (B) the price,\ncharges, fees (if any) and other terms and conditions for the sale of\nsuch energy services, electricity and natural gas to such occupant are\nclearly and separately set forth in a written contract or lease\nagreement between such occupant and such vendor, and such vendor shall\nseparately state in each bill for such services, electricity and natural\ngas the price, charges and fees (if any) that are included in such bill\nand the amount of the special rebate made to such occupant or that no\nspecial rebate has been made.\n (b) "Specially eligible premises". (1) non-residential premises that\nare wholly contained in property that is eligible to obtain benefits\nunder title two-D or two-F of article four of the real property tax law,\nor would be eligible to receive benefits under such article except that\nsuch property is exempt from real property taxation and the requirements\nof paragraph (b) of subdivision seven of section four hundred\neighty-nine-dddd of such title two-D, or the requirements of\nsubparagraph (ii) of paragraph (b) of subdivision five of section four\nhundred eighty-nine-cccccc of such title two-F, whichever is applicable,\nhave not been satisfied, provided that application for such benefits was\nmade after May third, nineteen hundred eighty-five and prior to July\nfirst, two thousand twenty-seven, that construction or renovation of\nsuch premises was described in such application, that such premises have\nbeen substantially impr
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