§ 127-a. Energy conservation in state-aided programs. 1. As used in\nthis section:\n (a) "annual pro-rated project cost" shall mean the amount of\nreimbursement per year which is sufficient to reimburse an eligible\nfacility, in accordance with its state aid rate, for the cost of an\nenergy conservation project by the final year of the payback period for\nsuch project.\n (b) "eligible facility" shall mean a facility, other than a hospital\nor a residential health care facility as defined in article twenty-eight\nof the public health law, which has a current operating certificate from\na state agency and which receives full or partial state reimbursement\nfor energy costs.\n (c) "energy conservation measure" shall mean any construction,\nalteration, repair or improvement of the capital assets of an eligible\nfacility for the purpose of reducing the consumption of energy, but\nshall not include operating and maintenance measures.\n (d) "energy conservation project" shall mean one or more energy\nconservation measures selected for implementation by an eligible\nfacility.\n (e) "operating and maintenance measures" shall mean cost-free or\nlow-cost procedures, or improvements or repairs to an eligible facility,\nwhich are intended to reduce energy consumption and which do not impose\nany costs on an eligible facility which are not reimbursable as\noperating costs of the facility.\n (f) "payback period" shall mean an estimated period of time, within\nwhich the costs of an energy conservation measure or project will be\nrecovered from the savings generated by the reduced energy consumption\nresulting therefrom.\n (g) "state aid rate" shall mean the percentage of an eligible\nfacility's energy costs which are reimbursed by the state.\n 2. Notwithstanding any other provision of law, an eligible facility\nshall be reimbursed for the costs of implementing energy conservation\nprojects in accordance with the provisions of this section.\n 3. (a) Prior to implementing any energy conservation project for which\nreimbursement is sought pursuant to this section, an eligible facility\nshall obtain an analysis of its energy usage and available opportunities\nfor energy conservation. Such analysis shall be conducted by an\narchitect or engineer licensed by the state of New York who has no\nfinancial interest in the facility or in the production, promotion or\nsale of any energy resource or any energy conservation product or\ndevice.\n (b) The required analysis shall be prepared after an on-site\nexamination of the facility by the architect or engineer. The analysis\nshall include recommendations for energy conservation measures and\noperating and maintenance measures appropriate for the facility, and\nestimated payback periods for each recommended energy conservation\nmeasure. For the purposes of this section, payback period calculations\nshall take into account implementation of all recommended operating and\nmaintenance measures, shall be based on current energy prices, without\nany adjustment for anticipated changes in such prices, and shall be\nbased on the average annual energy usage of the facility. The average\nannual energy usage shall be based on the energy usage for the preceding\nthree years, provided, however, that if the facility has not been in\noperation for the preceding three years, or if changes in the capacity\nor usage of the facility in the preceding three years have substantially\naltered the energy usage of the facility, the architect or engineer\nshall make and document reasonable assumptions concerning the average\nannual energy usage of the facility.\n (c) The architect or engineer shall prepare a final report presenting\na single payback period for the energy conservation project for which\nreimbursement is sought. The payback period shall be computed as\nprovided in paragraph (b) of this subdivision, and shall take into\naccount the interaction between conservation measures. The cost of such\nproject shall i
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