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 638.9 - Recordkeeping and reporting
Universal Citation: 6 NY Comp Codes Rules and Regs ยง 638.9
Current through Register Vol. 46, No. 39, September 25, 2024
The following information must be retained, for inspection by the Department of Environmental Conservation upon request, at least until there is no remaining tax credit for the taxpayer to claim.
(a) General. Any pertinent information supporting that:
(1) the building meets
applicable laws, ordinances, codes, regulations, industry guidelines, and other
applicable requirements;
(2)
invoices demonstrating that the appliances installed in a base building or
tenant space are models with an Energy Star® label;
(3) the heating, cooling and service water
heating equipment meets all requirements in section
638.7(b)
of this Part.
(4) the ventilation
and exchange of indoor/outdoor air meets requirements in section
638.7(e)
of this Part;
(5) the ventilation
for smoking areas meets requirements in section
638.7(f)
of this Part;
(6) the air purging
system meets requirements in section
638.7(g)
of this Part;
(7) the fresh air
intakes meet requirements in section
638.7(h)
of this Part;
(8) the materials,
finishes and furniture meet requirements in section
638.7(j)
of this Part;
(9) plumbing fixtures
meet requirements in section
638.7(k)
of this Part; and
(10) buildings
located in areas that do not have sewers or that have designated sewers meet
requirements in section
638.7(l)
of this Part.
(b) Energy use.
(1) Retain the input and output for all
computer simulations performed to satisfy the requirements of section
638.7(c)
of this Part; and the calculations performed to satisfy the requirements in
section
638.7(c)
of this Part. If the inputs and outputs do not meet the energy use standards of
section
638.7(c)
of this Part, then the requirements of section
638.7(c)
of this Part must be met again.
(c) Indoor air quality.
(1) Information showing compliance with
indoor air quality standards in section
638.7(d)
of this Part.
(2) IAQ test protocol
as required in section
638.7(d)(1)(iv)
of this Part.
(3) IAQ test report
as required in section
638.7(d)(1)(v)
of this Part.
(4) Information
showing compliance with the IAQ management plan during construction or
rehabilitation in section
638.7(d)(2)(iii)
of this Part. Information must include:
(i)
construction details;
(ii)
construction IAQ management plan; and
(iii) construction IAQ management
report.
(5) Information
showing compliance with the operations and maintenance IAQ management plan in
section
638.7
of this Part.
(d) Buildings where water is not metered. Compliance report must be given to the owner and architect or engineer of record. The report must include:
(1) calculations (if applicable);
and
(2) certifications.
(e) Commissioning. Information supporting the compliance with commissioning certificates and recommissioning certificates submissions.
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