New York Codes, Rules and Regulations
Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Chapter VII - STATE AID
Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS
Part 638 - GREEN BUILDING TAX CREDIT
Section 638.5 - Required submissions for green building tax credit certification
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 638.5
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Requirements for credit component certificate. The following must be submitted with an application form obtained from the New York State Department of Environmental Conservation in order to obtain a credit component certificate:
(1) a letter of secured funding;
(2) a demonstration and amount of the
allowable costs as defined in section
638.3(c)
of this Part. The amount will be used as the basis for determining the amount
of tax credit that a taxpayer can claim;
(3) a written statement by the architect or
engineer of record verifying that:
(i) the
plans and specifications for the building can meet the green buildings
standards as indicated in section 7;
(ii) the plans and specifications for the
building have been certified; and
(iii) that the certified plans and
specifications are consistent with those approved by the municipal
government;
(4) a
written statement by the building owner stating that all required permits from
any local, State or Federal government agency have been obtained. The first
page and signature page of each permit must accompany the statement;
and
(5) if an owner/operator of a
green building, green base building or green tenant space is applying for the
green refrigerant component provide for under paragraph 7 of subdivision (a) of
section 19
of the Tax Law, provide a written statement signed by the architect or engineer
of record confirming that all new air conditioning equipment meets the
requirement of section
638.7(m)
of this Part.
(b) Annual eligibility certificate submission requirements. The submission must include a written statement by the owner or tenant, as applicable, stating that the green building credit is claimed and the amount of credit claimed. The submission must also include the following written statements confirming that the applicable standards and methods in section 638.7 of this Part have been met or executed prior to the submission.
(1) Written statement from base building
owner certifying:
(i) compliance with the
appliance standards, as defined in section
638.7(a)
of this Part; and
(ii) compliance
with the refrigerants standards, as defined in section
638.7(m)
of this Part.
(2)
Written statement from a qualified professional certifying that the base
building operation is in compliance with the solid waste management plan as
required in section
638.7(o)
of this Part.
(3) Written statement
from the owner or tenant, as applicable, certifying:
(i) The base building complies with all
applicable zoning requirements, land use and erosion control requirements and
storm water management ordinances.
(ii) The base building or tenant space
complies with all applicable building code requirements and environmental
regulations. In the case of the rehabilitation of an existing building, all
existing environmental hazards must be identified and managed in accordance
with applicable laws, regulations and industry guidelines.
(iii) IAQ management plan for operations and
maintenance has been implemented for the base building or tenant space,
respectively, as prescribed in section
638.7(d)
of this Part.
(4)
Written statement from the architect, engineer of record or the commissioning
authority certifying:
(i) compliance with
heating, cooling and service water heating equipment installed meets the
requirements in section
638.7(b)
of this Part;
(ii) compliance with
ventilation systems for smoking areas requirements in section
638.7(f)
of this Part;
(iii) compliance with
the air purging standards in section
638.7(g)
of this Part; and
(iv) compliance
with fresh air intakes requirements in section
638.7(h)
of this Part.
(5)
Written statement from the architect or engineer of record certifying:
(i) compliance with the ventilation and
exchange of indoor/outdoor air requirements of section
638.7(e)
of this Part;
(ii) for the first
year, there is compliance with the energy use standards and methods in section
638.7(c)
of this Part. This statement must specifically affirm that all modeling and
calculations reflect the as-built conditions. For the second and subsequent
years, a statement that describes the changes made to the base building, tenant
space or whole building and which confirms that any changes made do not
decrease its energy efficiency;
(iii) compliance with IAQ requirements in
section
638.7(d)
of this Part;
(iv) compliance with
materials, finishes and new furniture standards in section
638.7(j)
of this Part. Compliance with this section may be satisfied by one of the two
alternative compliance paths:
(a)
performance-based; or
(b) listed
materials;
(v)
compliance with plumbing fixtures standards in section
638.7(k)
of this Part; and
(vi) buildings in
areas that do not have sewers or that have designated storm sewers meet the
requirements in section
638.7(l)
of this Part.
(c) Other required submissions for the annual eligibility certificate submission.
(1)
Indoor air quality with respect to levels for carbon dioxide, carbon monoxide,
formaldehyde, particulate matter, radon and total volatile organic compounds.
(i) Statement of certification of IAQ
requirements. A written statement by the owner which confirms that IAQ testing
has been successfully executed for the tax year according to section
638.7(d)
of this Part.
(2) Indoor
air quality management plan during construction or rehabilitation.
(i) Statement of construction IAQ management
certification. A written statement by the owner that confirms that the IAQ
management plan for construction has been implemented.
(3) Indoor air quality management plan
requirement for operations and maintenance and demonstration of compliance.
(i) Statement of certification for IAQ
management plan for operations and maintenance. A written statement by the
owner that confirms that the IAQ management plan for operations and maintenance
has been implemented for the tax year.
(4) Buildings where water use is not metered.
(i) If the requirements of section
638.7(i)
of this Part are met by using alternate supply water for a portion of the water
needs of the base building the following must be submitted each year:
(a) a certification of the water use
calculations by the professional engineer who performed them;
(b) a certification by the professional
engineer who conducted the field inspection that the inspection found the
alternative supply water system to be installed as called for in the
construction documents.
(ii) If the requirements of section
638.7(i)
of this Part are met by using water cascading, the following must be submitted
for the first year:
(a) a certification by the
professional engineer who conducted the field inspection that the inspection
found the alternative supply water system to be installed as called for in the
construction documents.
(5) Alternative energy sources. The
owner/operator of a green building, green base building or green tenant space
must provide certification of initial and annual (by month) results to provide
validation of performance of photovoltaic modules and/or fuel cells, and be
provided under the seal of a professional engineer.
(6) Commissioning.
(i) Required reports and plans.
(a) Commissioning plan. Must include
components as listed in section
638.8(f)
of this Part.
(b) Commissioning
report. Must include components as listed in section
638.8(l)
of this Part.
(ii)
Required written statements.
(a) Initial
statement of commissioning certification--a written statement signed by the
commissioning authority and owner must to be included with the first
eligibility certificate submission and may be executed prior to performing the
seasonally deferred testing. The statement must certify that:
(1) the commissioning plan has been executed
according with the requirements of section
638.8(f)
of this Part;
(2) the design intent
of the building has been achieved to the owner's satisfaction; and
(3) whether all the requirements of section
638.8 of this Part
have or have not been met.
(b) Subsequent statement of commissioning
certification--a written statement signed by the commissioning authority and
owner to be included in the second eligibility certification submission. The
statement must confirm that:
(1) the
conditions in section
638.8 of this Part
have been met with respect to the seasonally deferred testing;
(2) the conditions in section
638.8 of this Part
have been met with respect to the site visit to be held within six months to
one year after commissioning.
(c) Statement of re-commissioning
certification. If a commissioned system, equipment or component:
(1) is replaced; or
(2) is modified in a way that, in the
judgment of the commissioning authority, will materially affect the energy use
of the base building, then that system, equipment or component, or that
modification to the system, equipment or component, must be recommissioned.
Then, a written statement signed by the commissioning authority and owner must be included with the eligibility certificate submission for the next tax year. This statement must certify that the conditions in clause (a) of this subparagraph have been met with respect to the replacement or modification. If appropriate, prior to the signing of the eligibility certificate for the next tax year, a written statement must be signed by the commissioning authority and owner certifying that the conditions of paragraphs (b)(1) and (2) of this section have been met with respect to the replacement or modification.
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