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SECTION 1872
Green residential building program
Public Authorities (PBA) CHAPTER 43-A, ARTICLE 8, TITLE 9
§ 1872. Green residential building program. 1. Definitions. As used in
this section, the following terms shall have the following meanings:

(a) "Green residential building standards" means standards,
guidelines, a rating system, and/or criteria relating to design and
building techniques established or promulgated by the authority pursuant
to this section, which are intended to: (i) promote smart growth and
smart site planning; (ii) reduce greenhouse gas emissions; (iii) achieve
energy efficiency and reduce energy consumption; (iv) facilitate the
incorporation of environmentally responsible products; (v) promote the
efficient use of natural resources; (vi) promote the conservation of
materials and resources; (vii) reduce waste; and (viii) create a healthy
indoor living environment.

(b) "Owner" means a person who owns a residential building on the date
that: (i) a certificate of occupancy is issued to such building in the
case of a new residential building; or (ii) substantial renovations to
an existing residential building are completed pursuant to standards and
criteria established by the authority.

(c) "Qualified occupied square footage" means the habitable spaces of
a residential building pursuant to standards and criteria established by
the authority, and shall not include storage areas, mechanical rooms,
utility rooms, and attic and crawl spaces.

(d) "Residential building" means a single family home or multi-family
home with less than twelve dwelling units pursuant to standards and
criteria established by the authority.

(e) "Substantial renovations" mean significant improvements or
restorations to, or substantial replacement or repair of materials,
systems or components of, a residential building pursuant to standards
and criteria established by the authority.

2. Application of program. The authority is hereby authorized to
establish and administer a green residential building program to provide
incentives for the construction of new residential buildings, and the
substantial renovation of residential buildings, pursuant to standards
and criteria established by the authority.

3. Incentive payments. (a) As part of the green residential building
program created pursuant to this section, the authority is authorized to
provide for and award incentive payments to:

(i) qualified owners of new residential buildings that the authority
determines have been constructed pursuant to applicable green
residential building standards, and that satisfy other program standards
and criteria as established by the authority, and who have received a
certificate of occupancy for such building on and after January first,
two thousand ten, and before October thirty-first, two thousand
thirteen; and

(ii) qualified owners of existing residential buildings that the
authority determines have undergone substantial renovations pursuant to
applicable green residential building standards, and that satisfy other
applicable program standards and criteria as established by the
authority, where the renovations to such building are completed on and
after January first, two thousand ten, and before October thirty-first,
two thousand thirteen.

In determining the amount of an incentive payment, the authority is
authorized to consider whether the person who is eligible to receive the
incentive payment has received, will be receiving or is eligible to
receive financial assistance or incentives from any other source for the
construction or renovations that are the subject of an incentive
payment.

(b) No incentive payment made pursuant to this subdivision shall
exceed:

(i) with respect to a residential building with two or fewer dwelling
units, an amount equal to the product of the amount of qualified
occupied square footage, not to exceed two thousand square feet, and
three dollars and seventy-five cents;

(ii) with respect to a residential building with greater than two
dwelling units but fewer than six dwelling units, an amount equal to the
product of the amount of qualified occupied square footage, not to
exceed three thousand square feet, and three dollars and seventy-five
cents;

(iii) with respect to a residential building with at least six
dwelling units, an amount equal to the product of the amount of
qualified occupied square footage, not to exceed four thousand square
feet, and three dollars and seventy-five cents; and

(c) In addition to the limitations on incentive payments set forth in
paragraph (b) of this subdivision, no qualified owner shall receive more
than one hundred twenty thousand dollars in qualified incentive payments
during any calendar year.

4. Regulations. (a) The authority shall promulgate rules and
regulations to establish green residential building standards and/or
criteria as part of any green residential building program created
pursuant to this section. In establishing such standards and criteria,
the authority may consult standards and criteria established or adopted
by other organizations, including but not limited to, the United States
green building council under its leadership in energy and environmental
design programs and the American National Standards Institute.

(b) The authority shall promulgate rules and regulations for the
administration of any green residential building established pursuant to
this section, including but not limited to eligibility criteria,
application procedures, award determinations, dollar-per-square footage
award levels, training and qualification procedures for builders and
technicians, and inspection procedures, documentation and compliance
requirements for the program.

(c) The authority is authorized to: (i) consult with the department of
environmental conservation, the department of state, the division of
housing and community renewal and any other agency or public authority
which the authority deems appropriate in the development of green
residential building standards and any other standards and criteria
developed pursuant to this subdivision; (ii) prepare, in consultation
with such agencies and authorities, and to make available to the public,
green residential building program manuals and brochures for the purpose
of ensuring that the standards and criteria applicable to such program
are available to persons who may wish to participate in the program, to
facilitate the construction of green buildings and the renovation of
existing residential buildings using green construction principles; and
(iii) coordinate the administration of any green residential building
program created pursuant to this section with other programs that are
administered by the authority.

5. Reporting. No later than September first, two thousand eleven and
September first of each year thereafter, the president shall prepare and
furnish a written report to the governor, the temporary president of the
senate, and the speaker of the assembly concerning the authority's
activities under this section. Such report shall include, but shall not
be limited to:

(a) the name and address of each recipient of incentive payments made
by the authority pursuant to this section during the preceding calendar
year;

(b) the amount of any incentive payment made to each such person; and

(c) a description of the project and the work performed that earned
the incentive payment.