Amd Energy L, generally; amd §§94-a & 374, Exec L; amd §97-www, St Fin L
Establishes the "advanced building codes, appliance and equipment efficiency standards act"; adds the promotion of clean energy and the implementation of the climate agenda set forth in the New York state climate leadership and community protection act to the state energy conservation construction code; increases the efficiency standards of appliances and equipment by the state energy conservation construction code; increases the energy efficiency standards of appliances and equipment.
STATE OF NEW YORK
________________________________________________________________________
9405
IN SENATE
May 24, 2022
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the energy law, the executive law and the state finance
law, in relation to establishing the "advanced building codes, appli-
ance and equipment efficiency standards act of 2022"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as the "advanced
2 building codes, appliance and equipment efficiency standards act of
3 2022".
4 § 2. Subdivision 2 of section 3-101 of the energy law, as amended by
5 chapter 253 of the laws of 2013, is amended to read as follows:
6 2. to encourage conservation of energy and to promote the clean energy
7 and climate agenda, including but not limited to greenhouse gas
8 reduction, set forth within chapter one hundred six of the laws of two
9 thousand nineteen, also known as the New York state climate leadership
10 and community protection act, in the construction and operation of new
11 commercial, industrial, agricultural and residential buildings, and in
12 the rehabilitation of existing structures, through heating, cooling,
13 ventilation, lighting, insulation and design techniques and the use of
14 energy audits and life-cycle costing analysis;
15 § 3. Subdivisions 3 and 9 of section 11-102 of the energy law, as
16 added by chapter 560 of the laws of 2010, are amended, subdivisions 11,
17 12, 13, 14 and 15 are renumbered to be subdivisions 12, 13, 14, 15 and
18 16, and a new subdivision 11 is added to read as follows:
19 3. ["ASHRAE 90.1-2007." ANSI/ASHRAE/IESNA] "ASHRAE 90.1."
20 ANSI/ASHRAE/IES Standard [90.1-2007] 90.1, entitled "Energy [Standards]
21 Standard for Buildings Except Low-Rise Residential Buildings," published
22 by American Society of Heating, Refrigerating and Air-Conditioning Engi-
23 neers, Inc.
24 9. "Historic building." Any building that is one or more of the
25 following: (a) listed, or certified as eligible for listing, on the
26 national register of historic places or on the state register of histor-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15946-01-2
S. 9405 2
1 ic places, (b) [determined by the commissioner of parks, recreation and
2 historic preservation to be eligible for listing on the state register
3 of historic places] designated as historic under an applicable state or
4 local law, or (c) [determined by the commissioner of parks, recreation
5 and historic preservation to be a contributing building to an historic
6 district that is listed or eligible for listing on the state or national
7 registers of historic places, or (d) otherwise defined as an historic
8 building in regulations adopted by the state fire prevention and build-
9 ing code council] certified as a contributing resource within a national
10 register-listed, state register-listed, or locally designated historic
11 district.
12 11. "Life-cycle cost." An estimate of the total cost of acquisition,
13 operation, maintenance, and construction of any energy system within or
14 related to a building over the design life of the building. "Life-cycle
15 cost" includes, but is not limited to, the cost of fuel, materials,
16 machinery, ancillary devices, labor, service, replacement, and repairs.
17 § 4. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of
18 section 11-103 of the energy law, paragraph (b) of subdivision 1 as
19 added and subdivision 2 as amended by chapter 560 of the laws of 2010
20 and subdivision 3 as amended by chapter 292 of the laws of 1998, are
21 amended to read as follows:
22 (b) The code shall apply to the construction of any new building. The
23 code shall also apply to an addition to, and alteration of, any existing
24 building or building system; provided, however, that the code shall not
25 be interpreted to require any unaltered portion of the existing building
26 or building system to comply with the code. The code shall [not apply to
27 the following provided that the energy use of the building is not
28 increased:
29 (1) storm windows installed over existing fenestration;
30 (2) glass only replacements in an existing sash and frame;
31 (3) existing ceiling, wall or floor cavities exposed during
32 construction provided that these cavities are filled with insulation;
33 (4) construction where the existing roof, wall or floor cavity is not
34 exposed;
35 (5) reroofing for roofs where neither the sheathing nor the insulation
36 is exposed; roofs without insulation in the cavity and where the sheath-
37 ing or insulation is exposed during reroofing shall be insulated either
38 above or below the sheathing;
39 (6) replacement of existing doors that separate conditioned space from
40 the exterior shall not require the installation of a vestibule or
41 revolving door, provided, however, that an existing vestibule that sepa-
42 rates such conditioned space from the exterior shall not be removed;
43 (7) alterations that replace less than fifty percent of the luminaires
44 in a space, provided that such alterations do not increase the installed
45 interior lighting power;
46 (8) alterations that replace only the bulb and ballast within the
47 existing luminaires in a space provided that the alteration does not
48 increase the installed interior lighting power; and
49 (9) any other exception] be subject to such other exceptions as may be
50 adopted by the state fire prevention and building code council provided
51 that such [exception will] exceptions shall not prevent the attainment
52 of the compliance goals set forth in section 410(2)(c) of the American
53 Recovery and Reinvestment Act of 2009.
54 2. (a) The state fire prevention and building code council is author-
55 ized, from time to time as it deems appropriate and consistent with the
56 purposes of this article, to review and amend the code, or adopt a new
S. 9405 3
1 code, through rules and regulations provided that the code remains cost
2 effective with respect to building construction in the state. In deter-
3 mining whether the code remains cost effective, the code council shall
4 consider [whether the cost of materials and their installation to meet
5 its standards would be equal to or less than the present value of energy
6 savings that could be expected over a ten year period in the building in
7 which such materials are installed] (i) whether the life-cycle costs for
8 a building will be recovered through savings in energy costs over the
9 design life of the building under a life-cycle cost analysis performed
10 under methodology as established by the New York state energy research
11 and development authority in regulations which may be updated from time
12 to time, and (ii) secondary or societal effects, such as reductions in
13 greenhouse gas emissions, as defined in regulations. Before publication
14 of a notice of proposed rule making establishing the methodology or
15 defining secondary or societal effects, the president of the authority
16 shall conduct public meetings to provide meaningful opportunities for
17 public comment from all segments of the population that would be
18 impacted by the regulations, including persons living in disadvantaged
19 communities as identified by the climate justice working group estab-
20 lished under section 75-0111 of the environmental conservation law. For
21 residential buildings, the code shall meet or exceed the then most
22 recently published International Energy Conservation Code, or achieve
23 equivalent or greater energy savings; and for commercial buildings, the
24 code shall meet or exceed the then most recently published ASHRAE
25 [90.1-2007] 90.1, or achieve equivalent or greater energy savings.
26 (b) When adopting the first amended version of the code next following
27 the effective date of the chapter of the laws of two thousand twenty-two
28 that added this paragraph and any subsequent codes, the state fire
29 prevention and building code council shall use its best efforts to adopt
30 provisions for residential buildings that achieve energy savings greater
31 than energy savings achieved by the then most recently published Inter-
32 national Energy Conservation Code and to adopt provisions for commercial
33 buildings that achieve energy savings greater than energy savings
34 achieved by the then most recently published ASHRAE 90.1, both at levels
35 recommended by the New York state energy research and development
36 authority, provided that the state fire prevention and building code
37 council determines that such advanced energy savings can be achieved
38 while still meeting the cost effectiveness considerations contemplated
39 by this subdivision.
40 3. Notwithstanding any other provision of law, the state fire
41 prevention and building code council in accordance with the mandate
42 under this article shall have exclusive authority among state agencies
43 to promulgate a construction code incorporating energy conservation
44 features and clean energy features applicable to the construction of any
45 building, including but not limited to greenhouse gas reduction. Any
46 other code, rule or regulation heretofore promulgated or enacted by any
47 other state agency, incorporating specific energy conservation and clean
48 energy requirements applicable to the construction of any building,
49 shall be superseded by the code promulgated pursuant to this section.
50 Notwithstanding the foregoing, nothing in this section shall be deemed
51 to expand the powers of the council to include matters that are exclu-
52 sively within the statutory jurisdiction of the public service commis-
53 sion, the department of environmental conservation, the office of renew-
54 able energy siting or another state entity.
S. 9405 4
1 § 5. Subdivision 5 of section 11-104 of the energy law, as amended by
2 chapter 560 of the laws of 2010, is amended and a new subdivision 6 is
3 added to read as follows:
4 5. The [code shall exempt from such uniform standards and requirements
5 any historic building as defined in section 11-102 of this article]
6 state fire prevention and building code council, in consultation with
7 the commissioner of the department of parks, recreation and historic
8 preservation, is authorized to adopt exemptions to such uniform stand-
9 ards and requirements for historic buildings as defined in section
10 11-102 of this article, to the extent that the uniform standards and
11 requirements would threaten, degrade, or destroy the historic form,
12 fabric, or function of such historic buildings.
13 6. To the fullest extent feasible, the standards for construction of
14 buildings in the code shall be designed to help achieve the state's
15 clean energy and climate agenda, including but not limited to greenhouse
16 gas reduction, set forth within chapter one hundred six of the laws of
17 two thousand nineteen, also known as the New York state climate leader-
18 ship and community protection act, and as further identified by the New
19 York state climate action council established pursuant to section
20 75-0103 of the environmental conservation law.
21 § 6. The article heading of article 16 of the energy law, as added by
22 chapter 431 of the laws of 2005, is amended to read as follows:
23 APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
24 § 6-a. Section 16-102 of the energy law is amended by adding a new
25 subdivision 1-a to read as follows:
26 1-a. "Product" means any appliance or equipment, other than a motor
27 vehicle, which in operation consumes or is designed to consume energy or
28 to result in the consumption of energy, including any water-related
29 appliance, equipment or fixture that is designed to consume or result in
30 the consumption of energy in its operation or use.
31 § 7. Subdivision 4-a of section 16-102 of the energy law, as added by
32 chapter 222 of the laws of 2010, is amended to read as follows:
33 4-a. ["Bottle-type water dispenser" means a water dispenser that uses
34 a bottle or reservoir as the source of potable water.] The following
35 definitions refer to water coolers:
36 (a) "Bottle-type" means a water dispenser that uses a bottle or reser-
37 voir as the source of potable water.
38 (b) "Water cooler" means a freestanding device that consumes energy to
39 cool and/or heat potable water.
40 (c) "Cold only units" means units that dispense cold water only.
41 (d) "Hot and cold units" means units that dispense both hot and cold
42 water. Some units may also offer room-temperature water.
43 (e) "Cook and cold units" means units that dispense both cold and
44 room-temperature water.
45 (f) "Point of use (POU)" means the water cooler is connected to a
46 pressurized water source.
47 (g) "Conversion-type" means a unit that ships as either bottle-type or
48 POU and includes a conversion kit intended to convert the water cooler
49 from a bottle-type unit to a POU unit or to convert a POU unit to a
50 bottle-type unit.
51 (h) "Storage-type" means thermally conditioned water is stored in a
52 tank in the water cooler and is available instantaneously.
53 (i) "On demand" means the water cooler heats water as it is requested,
54 which typically takes a few minutes to deliver.
55 § 8. Subdivision 11 of section 16-102 of the energy law, as added by
56 chapter 431 of the laws of 2005, is amended to read as follows:
S. 9405 5
1 11. "Consumer audio and video product" means [televisions,] a mains-
2 connected product that amplifies audio, offers optical, offers disc
3 player functionality, and/or receives and plays audio and/or video
4 content. Examples of consumer audio and video products include compact
5 audio products, digital versatile disc players, digital versatile disc
6 recorders, [and] digital television adapters and streaming media play-
7 ers. Televisions are specifically excluded from consumer audio and
8 video products.
9 § 9. Subdivision 18 of section 16-102 of the energy law, as added by
10 chapter 431 of the laws of 2005, is amended to read as follows:
11 18. ["Energy efficiency performance standards"] "Efficiency standard"
12 means [performance standards which prescribe a minimum level of energy
13 efficiency determined in accordance with test procedures prescribed by
14 the secretary in consultation with the president] a standard that
15 defines performance metrics and/or defines prescriptive design require-
16 ments associated with the regulated category of product in order to
17 reduce energy consumption, reduce water consumption, and reduce green-
18 house gas emissions associated with energy consumption and/or increase
19 demand flexibility.
20 § 10. Subdivisions 27-a and 27-b of section 16-102 of the energy law,
21 as added by chapter 222 of the laws of 2010, are amended to read as
22 follows:
23 27-a. "Portable electric spa" means a factory-built electric spa or
24 hot tub, [supplied with equipment for heating and circulating water]
25 which may or may not include any combination of integral controls, water
26 heating or water circulating equipment.
27 27-b. "Portable light fixture" means a light fixture which has a flex-
28 ible cord and an attachment plug for connection to a nominal one hundred
29 twenty-volt, fifteen- or twenty-ampere branch circuit; which can be
30 relocated by the user without any rewiring; [and] which is typically
31 controlled with a switch located on the light fixture itself or on the
32 power cord; and which are intended for use in accordance with the
33 national electrical code, ANSI/NFPA 70-2002. "Portable light fixture"
34 does not include direct plug-in nightlights; sun and heat lamps; aquari-
35 um lamps; medical and dental lights; portable electric hand lamps; signs
36 and commercial advertising displays; photographic lamps; germicidal
37 lamps; [metal halide lamp fixtures; torchiere lighting fixtures] illumi-
38 nated vanity mirrors; lava lamps not providing general or task illumi-
39 nation; industrial work lights rated for use with a lamp providing
40 greater than seven thousand lumens; portable lamp fixtures for marine
41 use or for use in hazardous locations as defined in the national elec-
42 trical code, ANSI/NFPA 70; or decorative lighting outfits or electric
43 candles and candelabras without lampshades that are covered by the stan-
44 dard for safety of seasonal and holiday decorative products, UL 588.
45 § 11. Subdivision 29-a of section 16-102 of the energy law, as added
46 by chapter 222 of the laws of 2010, is amended to read as follows:
47 29-a. "[Residential] Replacement dedicated-purpose pool pump motor"
48 means [a product which is designed or used to circulate and filter resi-
49 dential swimming pool water in order to maintain clarity and sanitation
50 and which consists in part of a motor and an impeller] an electric motor
51 that:
52 (a) is single-phase or polyphase;
53 (b) has a dedicated purpose pool pump motor total horsepower of less
54 than or equal to five horsepower;
S. 9405 6
1 (c) is marketed for use as a replacement motor in self-priming pool
2 filter pump, non-self-priming pool filter pump or pressure cleaner
3 booster pump applications; and
4 (d) excludes polyphase replacement dedicated-purpose pool pump motors
5 capable of operating without a drive, and is sold or offered for sale
6 without a drive that converts single-phase power to polyphase power.
7 § 12. Subdivision 33 of section 16-102 of the energy law, as added by
8 chapter 431 of the laws of 2005, is amended to read as follows:
9 33. "Television (TV)" means [a commercially available electronic prod-
10 uct consisting of a tuner/receiver and a monitor encased in a single
11 housing, which is] an analog or digital device primarily designed to
12 receive and display [an analog or digital video television signal broad-
13 cast by an antenna, satellite, cable, or broadband source] terrestrial,
14 satellite, cable, Internet Protocol TV (IPTV), or other broadcast or
15 recorded transmissions of analog or digital video and audio signals. TVs
16 include combination TVs, television monitors, component TVs, and any
17 unit that is marketed to the consumer as a TV. "Television" does not
18 include [multifunction TVs which have VCR, DVD, DVR, or EPG functions]
19 computer monitors.
20 § 13. Section 16-102 of the energy law is amended by adding thirty-
21 eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
22 42-a, 43, 43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52, 53, 54, 55,
23 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
24 18-a. "Greenhouse gas" means "greenhouse gas" as defined in subdivi-
25 sion seven of section 75-0101 of the environmental conservation law.
26 18-b. "Demand flexibility" means the capability to schedule, shift, or
27 curtail the electrical demand of a load-serving entity's customer
28 through direct action by the customer or through action by a third
29 party, the load-serving entity, or a grid balancing authority, with the
30 customer's consent.
31 21-c. "Duv" means a metric that quantifies the distance between the
32 chromaticity of a given light source and a blackbody radiator of equal
33 correlated color temperature (CCT) on a CIE 1976 (u, v) chromatic
34 diagram demonstrating how different two light sources of the same color
35 temperature appear.
36 21-d. "Light Emitting Diode (LED) lamp" means a lamp capable of
37 producing light with Duv between -0.012 and 0.012, and that has an E12,
38 E17, E26, or GU-24 base, including LED lamps that are designed for
39 retrofit within existing recessed can housings that contain one of the
40 preceding bases. LED lamp does not include a lamp with a brightness of
41 more than two thousand six hundred lumens or a lamp that cannot produce
42 light with a correlated color temperature between two thousand two
43 hundred Kelvin and seven thousand Kelvin.
44 38. The following definitions refer to air compressors:
45 (a) "Air compressor" means a compressor designed to compress air that
46 has an inlet open to the atmosphere or other source of air, and is made
47 up of a compression element (bare compressor), driver or drivers mechan-
48 ical equipment to drive the compressor element, and any ancillary equip-
49 ment.
50 (b) "Compressor" means a machine or apparatus that converts different
51 types of energy into the potential energy of gas pressure for displace-
52 ment and compression of gaseous media to any higher-pressure values
53 above atmospheric pressure and has a pressure ratio at full-load operat-
54 ing pressure greater than 1.3.
55 39. The following definitions refer to air purifiers:
S. 9405 7
1 (a) "Air purifier", also known as "room air cleaner", means an elec-
2 tric, cord-connected, portable appliance with the primary function of
3 removing particulate matter from the air and which can be moved from
4 room to room.
5 (b) "Industrial air purifier" means an indoor air cleaning device
6 manufactured, advertised, marketed, labeled, and used solely for indus-
7 trial use that are marketed solely through industrial supply outlets or
8 businesses and prominently labeled as "Solely for industrial use. Poten-
9 tial health hazard: emits ozone."
10 40. "Commercial dishwasher" means a machine designed to clean and
11 sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays
12 by applying sprays of detergent solution (with or without blasting media
13 granules) and a sanitizing rinse and is not a "compact dishwasher" or
14 "standard dishwasher" (capacity less than eight place settings plus six
15 serving pieces as specified in ANSI/AHAM DW-1 using the test load speci-
16 fied in section 2.7 of appendix C in subpart B of 10 CFR 430.2).
17 41. "Commercial fryer" means an appliance for non-residential use,
18 including a cooking vessel, in which oil is placed to such a depth that
19 the cooking food is essentially supported by displacement of the cooking
20 fluid rather than by the bottom of the vessel. Heat is delivered to the
21 cooking fluid by means of an immersed electric element of band-wrapped
22 vessel (electric fryers) or by heat transfer from gas burners through
23 either the walls of the fryer or through tubes passing through the cook-
24 ing fluid (gas fryers).
25 41-a. "Commercial oven" means a chamber designed for heating, roast-
26 ing, or baking food by conduction, convection, radiation, and/or elec-
27 tromagnetic energy.
28 42. "Commercial steam cooker" also known as "compartment steamer",
29 means a device for non-residential use with one or more food-steaming
30 compartments in which the energy in the steam is transferred to the food
31 by direct contact. Models may include countertop models, wall-mounted
32 models, and floor models mounted on a stand, pedestal, or cabinet-style
33 base.
34 42-a. "Commercial hot food holding cabinet" means a heated, fully
35 enclosed compartment, with one or more solid or partial glass doors,
36 that is designed to maintain the temperature of hot food that has been
37 cooked in a separate appliance. "Commercial hot food holding cabinet"
38 does not include heated glass merchandising cabinets, drawer warmers or
39 cook-and-hold appliances.
40 43. "Computer" means a device that performs logical operations and
41 processes data. A computer includes both stationary and portable units
42 and includes a desktop computer, a portable all-in-one, a notebook
43 computer, a mobile gaming system, a high-expandability computer, a
44 small-scale server, a thin client, and a workstation. Although a comput-
45 er is capable of using input devices and displays, such devices are not
46 required to be included with the computer when the computer is shipped.
47 A computer is composed of, at a minimum, (a) a central processing unit
48 (CPU) to perform operations or, if no CPU is present, then the device
49 must function as a client gateway to a server, and the server acts as a
50 computational CPU; (b) the ability to support user input devices such as
51 a keyboard, mouse, or touch pad; and (c) an integrated display screen or
52 the ability to support an external display screen to output information.
53 The term "computer" does not include a tablet, a game console, a tele-
54 vision, a device with an integrated and primary display that has a
55 screen size of twenty square inches or less, a server other than a
56 small-scale server, or an industrial computer.
S. 9405 8
1 43-a. "Computer monitor" means an analog or digital device of size
2 greater than or equal to seventeen inches and less than or equal to
3 sixty-one inches, that has a pixel density of greater than five thousand
4 pixels per square inch, and that is designed primarily for the display
5 of computer-generated signals for viewing by one person in a desk-based
6 environment. A computer monitor is composed of a display screen and
7 associated electronics. A computer monitor does not include, (a)
8 displays with integrated or replaceable batteries designed to support
9 primary operation without AC mains or external DC power (e.g. electronic
10 readers, mobile phones, portable tablets, battery-powered digital
11 picture frames); or (b) a television or signage display.
12 44. "General service lamp" shall include the following definitions:
13 (a) "Compact fluorescent lamp (CFL)" means an integrated or non-inte-
14 grated single-base, low-pressure mercury, electric-discharge source in
15 which a fluorescing coating transforms some of the ultraviolet energy
16 generated by the mercury discharge into light; this term shall not
17 include circline or U-shaped lamps.
18 (b) "General service incandescent lamp" means a standard incandescent
19 or halogen type lamp that is intended for general service applications,
20 has a medium screw base, has a lumen range of not less than three
21 hundred ten lumens and not more than two thousand six hundred lumens, or
22 in the case of a modified spectrum lamp, not less than two hundred thir-
23 ty-two lumens and not more than one thousand nine hundred fifty lumens,
24 and is capable of being operated at a voltage range at least partially
25 within one hundred ten and one hundred thirty volts; provided, however,
26 that this definition shall not apply to the following incandescent
27 lamps:
28 (i) Appliance lamps;
29 (ii) Black light lamps;
30 (iii) Bug lamps;
31 (iv) Colored lamps;
32 (v) G shape lamps (as defined in ANSI C78.20 and C79.1-2002) with a
33 diameter of five inches or more;
34 (vi) Infrared lamps;
35 (vii) Left-hand thread lamps;
36 (viii) Marine lamps;
37 (ix) Marine signal service lamps;
38 (x) Mine service lamps;
39 (xi) Plant light lamps;
40 (xii) Reflector lamps;
41 (xiii) Sign service lamps;
42 (xiv) Silver bowl lamps;
43 (xv) Showcase lamps;
44 (xvi) Rough service lamps;
45 (xvii) Shatter-resistant lamps (including shatter-proof lamps and
46 shatter-protected lamps);
47 (xviii) 3-way incandescent lamps;
48 (xix) Vibration service lamps;
49 (xx) AB, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps (as defined
50 in ANSI C79.1-2002 and ANSI C78.20) of forty watts or less;
51 (xxi) T shape lamps (as defined in ANSI C78.20 and ANSI C79.1-2002)
52 and that uses not more than forty watts or has a length of more than ten
53 inches; and
54 (xxii) Traffic signal lamps.
55 (c) "General service lamp" means a lamp that has an ANSI base, is able
56 to operate at a voltage of twelve volts or twenty-four volts, at or
S. 9405 9
1 between one hundred to one hundred thirty volts, at or between two
2 hundred twenty to two hundred forty volts, or of two hundred seventy-
3 seven volts for integrated lamps, or is able to operate at any voltage
4 for non-integrated lamps, has an initial lumen output of greater than or
5 equal to three hundred ten lumens (or two hundred thirty-two lumens for
6 modified spectrum general service incandescent lamps) and less than or
7 equal to three thousand three hundred lumens, is not a light fixture, is
8 not an LED downlight retrofit kit, and is used in general lighting
9 applications. General service lamps shall include, but not be limited
10 to, general service incandescent lamps, incandescent reflector lamps,
11 compact fluorescent lamps, general service light emitting diode lamps,
12 and general service organic light emitting diode lamps. General service
13 lamps shall not include:
14 (i) Appliance lamps;
15 (ii) Black light lamps;
16 (iii) Bug lamps;
17 (iv) Colored lamps;
18 (v) G shape lamps with a diameter of five inches or more as defined in
19 ANSI C79.1-2002;
20 (vi) General service fluorescent lamps;
21 (vii) High intensity discharge lamps;
22 (viii) Infrared lamps;
23 (ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not
24 have Edison screw bases;
25 (x) Lamps that have a wedge base or prefocus base;
26 (xi) Left-hand thread lamps;
27 (xii) Marine lamps;
28 (xiii) Marine signal service lamps;
29 (xiv) Mine service lamps;
30 (xv) MR shape lamps that have a first number symbol equal to sixteen
31 (diameter equal to two inches) as defined in ANSI C79.1-2002, operate at
32 twelve volts and have a lumen output greater than or equal to 800;
33 (xvi) Other fluorescent lamps;
34 (xvii) Plant light lamps;
35 (xviii) R20 short lamps;
36 (xix) Reflector lamps that have a first number symbol less than
37 sixteen (diameter less than two inches) as defined in ANSI C79.1-2002
38 and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28,
39 E29/53x39, E39, E39d, EP39, or EX39 bases;
40 (xx) S shape or G shape lamps that have a first number symbol less
41 than or equal to 12.5 (diameter less than or equal to 1.5625 inches) as
42 defined in ANSI C79.1-2002;
43 (xxi) Sign service lamps;
44 (xxii) Silver bowl lamps;
45 (xxiii) Showcase lamps;
46 (xxiv) Specialty MR lamps;
47 (xxv) T shape lamps that have a first number symbol less than or equal
48 to 8 (diameter less than or equal to one inch) as defined in ANSI
49 C79.1-2002, nominal overall length less than twelve inches, and that are
50 not compact fluorescent lamps; and
51 (xxvi) Traffic signal lamps.
52 (d) "General service light-emitting diode (LED) lamp" means an inte-
53 grated or non-integrated LED lamp designed for use in general lighting
54 applications and that uses light-emitting diodes as the primary source
55 of light.
S. 9405 10
1 (e) "General service organic light-emitting diode (OLED) lamp" means a
2 thin-film light-emitting device that typically consists of a series of
3 organic layers between two electrical contacts (electrodes).
4 (f) "Incandescent reflector lamp" or "reflector lamp" means any lamp
5 in which light is produced by a filament heated to incandescence by an
6 electric current, which: contains an inner reflective coating on the
7 outer bulb to direct the light; is not colored; is not designed for
8 rough or vibration service applications; is not an R20 short lamp; has
9 an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw
10 base; has a rated voltage or voltage range that lies at least partially
11 in the range of one hundred fifteen and one hundred thirty volts; has a
12 diameter that exceeds 2.25 inches; and has a rated wattage that is forty
13 watts or higher.
14 45. "Federally exempt fluorescent lamp" means any linear lamps
15 excluded from the definition of general service fluorescent lamps in 10
16 CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI line-
17 ar fluorescent lamps, impact-resistant linear fluorescent lamps, cold-
18 temperature linear fluorescent lamps, and less than four-foot linear
19 fluorescent lamps.
20 46. The following definitions refer to portable air conditioners:
21 (a) "Portable air conditioner" means a portable encased assembly,
22 other than a packaged terminal air conditioner, room air conditioner, or
23 dehumidifier, that delivers cooled, conditioned air to an enclosed
24 space, and is powered by single-phase electric current. Such portable
25 air conditioner includes a source of refrigeration and may include addi-
26 tional means for air circulation and heating and may be a single-duct or
27 a dual-duct portable air conditioner.
28 (b) "Single-duct portable air conditioner" means a portable air condi-
29 tioner that draws all of the condenser inlet air from the conditioned
30 space without the means of a duct and discharges the condenser outlet
31 air outside the conditioned space through a single-duct attached to an
32 adjustable window bracket.
33 (c) "Dual-duct portable air conditioner" means a portable air condi-
34 tioner that draws some or all of the condenser inlet air from outside
35 the conditioned space through a duct attached to an adjustable window
36 bracket, may draw additional condenser inlet air from the conditioned
37 space, and discharges the condenser outlet air outside the conditioned
38 space by means of a separate duct attached to an adjustable window
39 bracket.
40 46-a. "Residential ventilating fan" means a fan with the purpose to
41 actively supply air to or remove air from the inside of a residence.
42 This includes ceiling and wall-mounted fans or remotely mounted in-line
43 fans designed to be used in a bathroom or utility room, supply fans
44 designed to provide air to indoor space and kitchen range hoods. Supply
45 fans may also be designed to filter incoming air.
46 47. "Telephone" means an electronic product whose primary purpose is
47 to transmit and receive sound over a distance using a voice or data
48 network.
49 48. The following definitions refer to faucets and showerheads:
50 (a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet,
51 public lavatory faucet, or replacement aerator for a lavatory, public
52 lavatory or kitchen faucet.
53 (b) "Public lavatory faucet" means a fitting intended to be installed
54 in nonresidential bathrooms that are exposed to walk-in traffic.
55 (c) "Metering faucet" means a faucet that, when turned on, will gradu-
56 ally shut itself off over a period of several seconds.
S. 9405 11
1 (d) "Replacement aerator" means an aerator sold as a replacement,
2 separate from the faucet to which it is intended to be attached.
3 (e) "Showerhead" means a device through which water is discharged for
4 a shower bath and includes a hand-held showerhead but does not include a
5 safety shower showerhead.
6 (f) "Hand-held showerhead" means a showerhead that can be held or
7 fixed in place for the purpose of spraying water onto a bather and that
8 is connected to a flexible hose.
9 49. The following definitions refer to urinals and water closets:
10 (a) "Plumbing fixture" means an exchangeable device, which connects to
11 a plumbing system to deliver and drain away water and waste.
12 (b) "Urinal" means a plumbing fixture that receives only liquid body
13 waste and, conveys the waste through a trap into a drainage system.
14 (c) "Water closet" means a plumbing fixture having a water-containing
15 receptor that receives liquid and solid body waste through an exposed
16 integral trap into a drainage system.
17 (d) "Dual-flush effective flush volume" means the average flush volume
18 of two reduced flushes and one full flush.
19 (e) "Dual-flush water closet" means a water closet incorporating a
20 feature that allows the user to flush the water closet with either a
21 reduced or a full volume of water.
22 (f) "Trough-type urinal" means a urinal designed for simultaneous use
23 by two or more persons.
24 50. The following definitions refer to spray sprinkler bodies:
25 (a) "Pressure regulator" means a device that maintains constant oper-
26 ating pressure immediately downstream from the device, given higher
27 pressure upstream.
28 (b) "Spray sprinkler body" means the exterior case or shell of a
29 sprinkler incorporating a means of connection to the piping system
30 designed to convey water to a nozzle or orifice.
31 51. "Uninterruptable power supply" means a battery charger consisting
32 of a combination of convertors, switches and energy storage devices
33 (such as batteries), constituting a power system for maintaining conti-
34 nuity of load power in case of input power failure.
35 52. "Commercial battery charger system (BCS)" or "state-regulated BCS"
36 means a battery charger coupled with its batteries or battery chargers
37 coupled with their batteries, which together are referred to as state-
38 regulated battery charger systems. This term covers all rechargeable
39 batteries or devices incorporating a rechargeable battery and the char-
40 gers used with them. Battery charger systems include, but are not
41 limited to:
42 (a) electronic devices with a battery that are normally charged from
43 AC line voltage or DC input voltage through an internal or external
44 power supply and a dedicated battery charger;
45 (b) the battery and battery charger components of devices that are
46 designed to run on battery power during part or all of their operations;
47 (c) dedicated battery systems primarily designed for electrical or
48 emergency backup; and
49 (d) devices whose primary function is to charge batteries, along with
50 the batteries they are designed to charge. These units include chargers
51 for power tool batteries and chargers for automotive, AA, AAA, C, D, or
52 9V rechargeable batteries, as well as chargers for batteries used in
53 larger industrial motive equipment and a la carte chargers.
54 The charging circuitry of battery charger systems may or may not be
55 located within the housing of the end-use device itself. In many cases,
56 the battery may be charged with a dedicated external charger and power
S. 9405 12
1 supply combination that is separate from the device that runs on power
2 from the battery. State-regulated battery charger systems do not include
3 federally regulated battery chargers that are covered under standards in
4 10 C.F.R. section 430.32(z).
5 53. "Gas fireplace" means a decorative gas fireplace or a heating gas
6 fireplace.
7 (a) "Decorative gas fireplace" means a vented fireplace, including
8 appliances that are freestanding, recessed, zero clearance, or a gas
9 fireplace insert, that is fueled by natural gas or propane, is marked
10 for decorative use only, and is not equipped with a thermostat or
11 intended for use as a heater.
12 (b) "Heating gas fireplace" means a vented fireplace, including appli-
13 ances that are freestanding, recessed, zero clearance, or a gas fire-
14 place insert, that is fueled by natural gas or propane and is not a
15 decorative fireplace.
16 54. "Manufactured home" has the meaning ascribed to that term by
17 subdivision seven of section six hundred one of the executive law.
18 55. "Recreational vehicle" means a van or utility vehicle used for
19 recreational purposes.
20 56. "Uniform code" means the New York state uniform fire prevention
21 and building code adopted pursuant to article eighteen of the executive
22 law.
23 57. "Energy code" means the New York state energy conservation
24 construction code adopted pursuant to article eleven of this chapter.
25 58. "Electric vehicle supply equipment (EVSE)" means equipment that
26 supplies electricity in an appropriate form to storage devices, includ-
27 ing batteries and super capacitors, that are part of electric vehicles.
28 Such term shall include equipment that performs this function and equip-
29 ment that is embedded in electric vehicles.
30 59. "Electric vehicle" means an on-road vehicle that draws electricity
31 for propulsion from a traction battery with a least five kilowatt-hours
32 (kWh) of capacity, and uses an external source of energy to recharge the
33 battery. Such term shall include a plug-in hybrid electric vehicle
34 (PHEV) with a second source of energy for propulsion, and a battery
35 electric vehicle (BEV), which is powered solely by externally supplied
36 electricity stored on-board such electric vehicle.
37 60. "Commercial clothes dryer" means a clothes dryer designed to dry
38 fabrics in a tumble-type drum with forced air circulation and is
39 designed for use in:
40 (a) Applications in which the occupants of more than one household
41 will be using the clothes dryer, including multi-family housing common
42 areas and coin laundries; or
43 (b) Other commercial applications.
44 61. "Commercial and industrial fans and blowers" means a rotary-bladed
45 machine used to convert power to air power, with a brake horsepower
46 greater than or equal to either one kilowatt or one horsepower, and an
47 air horsepower less than or equal to one hundred fifty, and used for
48 commercial and industrial purposes.
49 62. "Imaging equipment" means copiers, printers, scanners, fax
50 machines, and multifunction devices used both in homes and businesses.
51 63. "Landscape irrigation controller" means a device intended to
52 remotely control valves to operate an irrigation system for landscapes,
53 which may consist of grass, shrubs, trees and/or other vegetation. This
54 term shall not include devices that are typically sold separately and
55 used primarily for other purposes, such as a network router, and may be
56 used incidentally for a landscape irrigation controller. This term shall
S. 9405 13
1 not include battery powered hose-end timers or devices used primarily in
2 agricultural applications.
3 64. "Outdoor lighting" means electrical lighting used to illuminate
4 outdoor areas, including parking lots, streetlights, highways and area
5 luminaires.
6 65. "Plug-in luminous signs" means a self-contained, luminous sign
7 unit that plugs into 120V AC building mains power and is intended for
8 indoor use only. Signs may be intended for use in commercial outlets in
9 business establishments or in residences.
10 66. "Small network equipment" means a device whose primary function is
11 to pass internet protocol (IP) traffic among various network interfaces
12 or ports intended for use in residential and small business settings.
13 67. "Tub spout diverters" means the following definitions:
14 (a) A bath and shower diverter whose diverter mechanism is located in
15 the tub spout; and/or
16 (b) Bath and shower diverter means a device used to direct the flow of
17 water either toward a tub spout or toward a secondary outlet intended
18 for showering purposes, including a showerhead or body spray.
19 § 14. Section 16-104 of the energy law, as added by chapter 431 of the
20 laws of 2005, subdivision 1 as amended by chapter 222 of the laws of
21 2010, is amended to read as follows:
22 § 16-104. Applicability, conduct prohibited. 1. The provisions of
23 this article apply to the establishment of, testing for compliance with,
24 certification of compliance with, and enforcement of efficiency stand-
25 ards for the following new products which are sold, or offered for sale,
26 leased or offered for lease, rented or offered for rent or installed or
27 offered to install in New York state unless preempting federal appliance
28 standards are in effect: (a) automatic commercial ice cube machines; (b)
29 ceiling fan light kits; (c) commercial pre-rinse spray valves; (d)
30 commercial refrigerators, freezers and refrigerator-freezers; (e)
31 consumer audio and video products; (f) illuminated exit signs; (g)
32 incandescent reflector lamps; (h) very large commercial packaged air-
33 conditioning and heating equipment; (i) metal halide lamp fixtures; (j)
34 pedestrian traffic signal modules; (k) power supplies; (l) torchiere
35 lighting fixtures; (m) unit heaters; (n) vehicular traffic signal
36 modules; (o) portable light fixtures; (p) bottle-type water dispensers;
37 (q) commercial hot food holding cabinets; (r) portable electric spas;
38 [and] (s) [residential] replacement dedicated-purpose pool [pumps] pump
39 motors; (t) air compressors; (u) air purifiers; (v) commercial dishwash-
40 ers; (w) commercial fryers; (x) commercial steam cookers; (y) computers
41 and computer monitors; (z) general service lamps; (aa) federally exempt
42 fluorescent lamps; (bb) portable air conditioners; (cc) residential
43 ventilating fans; (dd) telephones; (ee) faucets; (ff) showerheads; (gg)
44 urinals; (hh) water closets; (ii) sprinkler bodies; (jj) uninterruptable
45 power supplies; (kk) light emitting diode lamps; (ll) electric vehicle
46 supply equipment; (mm) commercial battery charger systems; (nn) commer-
47 cial ovens; (oo) commercial clothes dryers; (pp) commercial and indus-
48 trial fans and blowers; (qq) imaging equipment; (rr) landscape irri-
49 gation controllers; (ss) outdoor lighting; (tt) plug-in luminous signs;
50 (uu) small network equipment; (vv) tub spout diverters; (ww) commercial
51 hot food holding cabinets; (xx) gas fireplaces; (yy) products for which
52 efficiency standards shall have been established pursuant to paragraph
53 (b) or (c) of subdivision one of section 16-106 of this article; and
54 (zz) products that had been subject to any federal efficiency standard
55 referred to in section 16-105 of this article that have been continued
56 in this state pursuant to such section.
S. 9405 14
1 2. No person shall sell[,] or offer for sale, lease or offer to lease,
2 or rent or offer to rent, or install or offer to install in New York
3 state any new product of the types enumerated in paragraphs (a) through
4 (xx) of subdivision one of this section, or any [of the] new [products
5 identified] product for which efficiency standards shall have been
6 established pursuant to paragraph (b) or (c) of subdivision [four] one
7 of section 16-106 of this article, [unless: (a) the product meets mini-
8 mum energy performance standards adopted pursuant to this article upon
9 the effective date of such standards; and, if required by regulations
10 promulgated] or any new product that is subject to any federal efficien-
11 cy standard that shall have been continued in this state pursuant to
12 [this] section[, (b) the manufacturer of such product certifies that the
13 product meets said minimum energy performance standards.] 16-105 of this
14 article, unless:
15 (a) it meets the efficiency standards applicable to such product as of
16 the date of manufacture of such product or as of such other date as may
17 be determined in accordance with the regulation establishing the stand-
18 ard for such product; and
19 (b) if required by regulations adopted pursuant to this article, the
20 manufacturer of such product certifies that the product meets said effi-
21 ciency standards. As used within this subdivision, reference to any new
22 product means any individual product subject to the requirements of this
23 article.
24 3. The prohibitions contained in [subdivisions one and] subdivision
25 two of this section shall not apply to:
26 (a) products manufactured in the state and sold outside the state;
27 (b) products manufactured outside the state and sold at wholesale
28 inside the state for final retail sale outside the state;
29 (c) products installed in [mobile] manufactured homes at the time of
30 construction; [or]
31 (d) products designed expressly for installation and use in recre-
32 ational vehicles; or
33 (e) urinals and water closets designed and marketed exclusively for
34 use at prisons or mental health care facilities.
35 4. The adoption of efficiency standards for any water-related appli-
36 ances, equipment or fixtures shall be subject to approval by the commis-
37 sioner of environmental conservation. Any such standard which would
38 conflict with the provisions of section 15-0314 of the environmental
39 conservation law shall not take effect until and unless waived by the
40 commissioner of environmental conservation.
41 5. In adopting the flexible demand appliance standards, the New York
42 state energy research and development authority shall consider the
43 National Institute of Standards and Technology reliability and cyberse-
44 curity protocols, relevant New York cybersecurity laws, regulations, and
45 advisories, or other cybersecurity protocols that are equally or more
46 protective, and shall adopt, at a minimum, the North American Electric
47 Reliability Corporation's Critical Infrastructure Protection standards.
48 § 15. The energy law is amended by adding a new section 16-105 to read
49 as follows:
50 § 16-105. Adoption of certain federal efficiency standards. 1. The
51 federal efficiency standard established in 10CFR Parts 430 and 431, as
52 in effect on January first, two thousand eighteen shall be applicable to
53 products which are subject to such federal efficiency standards and
54 which are sold, offered for sale, or installed in New York state. So
55 long as such federal efficiency standards remain in effect as federal
56 efficiency standards, they shall be enforced as provided by federal law.
S. 9405 15
1 The president shall adopt by regulation all such federal efficiency
2 standards and provided that, if any such federal efficiency standard is
3 withdrawn, repealed, voided, or otherwise ceases to remain in effect as
4 a federal efficiency standard:
5 (a) such efficiency standard shall be continued in this state;
6 (b) until and unless amended or repealed pursuant to this article, the
7 president shall be authorized to adopt regulations establishing proce-
8 dures for testing the energy reduction, water conservation, greenhouse
9 gas reduction, and/or increased demand flexibility associated with such
10 product;
11 (c) the president shall be authorized to adopt regulations establish-
12 ing procedures for manufacturers of such product to certify that such
13 product meets such efficiency standard, if the president determines that
14 such manufacturer's certifications should be required;
15 (d) the president shall be authorized to adopt regulations amending
16 such efficiency standard from time to time, including regulations that
17 repeal such efficiency standard, or increase the stringency of such
18 efficiency standard; and
19 (e) if federal preemption has been waived for any particular federal
20 efficiency standard or standards, the president may adopt such standard
21 or may adopt a different standard.
22 2. This section shall not apply to any federal efficiency standard
23 set aside by a court upon the petition of a person who will be adversely
24 affected, as provided in 42 U.S.C. § 6306(b).
25 § 16. Section 16-106 of the energy law, as added by chapter 431 of the
26 laws of 2005, paragraph (c) of subdivision 2 as added by chapter 222 of
27 the laws of 2010 and subdivision 4 as amended by chapter 69 of the laws
28 of 2020, is amended to read as follows:
29 § 16-106. [Administration of article] Powers and duties of the presi-
30 dent and the secretary. 1. The [secretary, in consultation with the]
31 president[,] in consultation with the secretary shall have and be enti-
32 tled to exercise the following powers and duties:
33 (a) To [establish energy] adopt regulations establishing efficiency
34 [performance] standards for the products listed in paragraphs (a)
35 through (xx) of subdivision one of section 16-104 of this article,
36 including but not limited to, establishing [energy] efficiency [perform-
37 ance] standards for power supplies in the active mode and no-load mode
38 or other such products while in the active mode and in the standby-pas-
39 sive-mode[.
40 (b) To promulgate regulations to achieve the purposes of this article
41 provided however that no energy efficiency performance standard shall
42 become effective for a product less than one hundred eighty days after
43 it shall become final, provided, however, that no standard adopted
44 pursuant to this article shall go into effect if federal government
45 energy efficiency performance standards regarding such product preempt
46 state standards unless preemption has been waived pursuant to federal
47 law;
48 (c) To administer and enforce the provisions of this article and any
49 rule or regulation promulgated thereunder or order issued pursuant ther-
50 eto;
51 (d) To order, pursuant to section 16-104 of this article, the immedi-
52 ate cessation of any distribution, sale or offer for sale, import or
53 installation of any product for which the secretary, in consultation
54 with the president, determines that the certification of such product
55 listed in subdivision one of section 16-104 of this article was achieved
56 in violation of section 16-108 of this article];
S. 9405 16
1 (b) To adopt regulations establishing efficiency standards for
2 products not specifically listed in paragraphs (a) through (xx) of
3 subdivision one of section 16-104 of this article, provided that the
4 president determines that establishing such efficiency standards would
5 serve to promote energy reduction, water conservation, greenhouse gas
6 reduction, and/or increased demand flexibility associated with the regu-
7 lated product categories in this state. To the maximum extent feasible
8 the president shall coordinate any such adoption with similar efforts by
9 other states. Any regulation adopted pursuant to this paragraph may
10 include provisions establishing procedures for testing the efficiency of
11 the covered products and provisions establishing procedures for manufac-
12 turers of such product to certify that such products meet the efficiency
13 standards, if the president determines that such manufacturer's certif-
14 ications should be required;
15 (c) To review efficiency standards as adopted from time to time by
16 other states for products not listed in paragraphs (a) through (xx) of
17 subdivision one of section 16-104 of this article, and to adopt regu-
18 lations establishing efficiency standards similar to those adopted by
19 any other state for such products, provided that the president deter-
20 mines that establishing such efficiency standards would serve to promote
21 energy reduction, water conservation, greenhouse gas reduction, and/or
22 increased demand flexibility associated with the regulated product cate-
23 gories in this state. Any regulation adopted pursuant to this paragraph
24 may include provisions establishing procedures for testing the efficien-
25 cy of the covered products and provisions establishing procedures for
26 manufacturers of such product to certify that such products meet the
27 efficiency standards, if the president determines that such manufactur-
28 er's certifications should be required;
29 (d) To adopt regulations to achieve the purposes of this article. Such
30 regulations shall ensure that compliance therewith will not result in a
31 net increase in co-pollutant emissions or otherwise disproportionately
32 burden disadvantaged communities as identified by the climate justice
33 working group established under section 75-0111 of the environmental
34 conservation law. In order to increase public participation and improve
35 the efficacy of any efficiency standards adopted pursuant to subdivision
36 (b) or (c) of this section, the president shall, before publication of a
37 notice of proposed rule making, conduct public meetings to provide mean-
38 ingful opportunities for public comment from all segments of the popu-
39 lation that would be impacted by the standards or regulations, including
40 persons living in disadvantaged communities as identified by the climate
41 justice working group established under section 75-0111 of the environ-
42 mental conservation law;
43 (e) To conduct investigations, test, and obtain data with respect to
44 research experiments and demonstrations, and to collect and disseminate
45 information regarding the purposes to be achieved pursuant to this arti-
46 cle;
47 (f) To accept grants or funds for purposes of administration and
48 enforcement of this article. Notwithstanding any other provision of law
49 to the contrary, the president is hereby authorized to accept grants or
50 funds, including funds directed through negotiated settlements or
51 consent orders pursuant to this article. All funds accepted by the
52 president for the purposes of this article shall be deposited in the
53 efficiency standards administration account established by the New York
54 state energy research and development authority and maintained in a
55 segregated account in the custody of the commissioner of taxation and
56 finance. All expenditures from the efficiency standards administration
S. 9405 17
1 account pursuant to this article shall be made by the New York state
2 energy research and development authority to carry out studies, investi-
3 gations, research, expenses to provide for expert witness, consultant,
4 enforcement, administrative and legal fees, including disbursements to
5 the department of state to support enforcement activities authorized by
6 the secretary pursuant to this section, and other related expenses
7 pursuant to this article. All deposits made to the efficiency standards
8 administration account made by the New York state energy research and
9 development authority, all funds maintained in the efficiency standards
10 administration account, and disbursements therefrom, made pursuant to
11 this article shall be subject to an annual independent audit as part of
12 such authority's audited financial statements, and such authority shall
13 prepare an annual report summarizing efficiency standards administration
14 account balance and activities for each fiscal year ending March thir-
15 ty-first. In addition to submitting such report as provided in section
16 one thousand eight hundred sixty-seven of the public authorities law,
17 the authority shall provide such report to the secretary no later than
18 ninety days after commencement of such fiscal year;
19 (g) [To impose a fine and/or impose injunctive relief for any
20 violation of this article after notice and an opportunity to be heard;
21 (h) The secretary and the president shall consult with the appropriate
22 federal agencies, including, but not limited to, the federal department
23 of energy, industry and other potentially affected parties in carrying
24 out the provisions of this article] To consult with the appropriate
25 federal agencies, including, but not limited to, the federal department
26 of energy and other potentially affected parties in carrying out the
27 provisions of this article; and
28 (h) To conduct investigations, in consultation with the secretary, to
29 determine if products covered by standards adopted pursuant to this
30 article comply with such standards; to conduct tests to determine if
31 products covered by standards adopted pursuant to this article comply
32 with such standards; to prepare written reports of the results of such
33 investigations and tests; to provide such reports to the secretary; in
34 consultation with the secretary, to negotiate settlement agreements with
35 any person that violates the provisions of subdivision two of section
36 16-104 of this article, or fails to perform any duty imposed by this
37 article, or violates or fails to comply with any rule, regulation,
38 determination, or order adopted, made, or issued by the president or the
39 secretary pursuant to this article, pursuant to which such person shall
40 agree to cease such violation and to pay such civil penalty as may be
41 specified in such agreement, the terms of which will be incorporated
42 into a consent order signed by such person, the president, and the
43 secretary; to consult with the secretary in connection with determi-
44 nations made by the secretary pursuant to paragraph (b) of subdivision
45 five of this section; and to cooperate with the secretary in enforcement
46 proceedings conducted by the secretary pursuant to this article.
47 1-a. Notwithstanding any other provision of this article, no efficien-
48 cy standard adopted pursuant to paragraph (a) of subdivision one of this
49 section shall become effective less than one hundred eighty days after
50 publication of the notice of adoption of such standard in the state
51 register; no efficiency standard adopted pursuant to paragraph (b) or
52 (c) of subdivision one of this section shall become effective less than
53 one year after publication of the notice of adoption of such efficiency
54 standard in the state register; no amendment of any efficiency standard
55 adopted pursuant to this article or of any efficiency standard continued
56 in this state pursuant to section 16-105 of this article shall become
S. 9405 18
1 effective less than one hundred eighty days after publication of the
2 notice of adoption of such amendment in the state register; and no new
3 or amended efficiency standard adopted pursuant to this article shall go
4 into effect if federal government efficiency standards regarding such
5 product preempt state standards unless preemption has been waived pursu-
6 ant to federal law.
7 2. (a) On or before [June thirtieth] January first, two thousand [six]
8 twenty-three, the [secretary, in consultation with the] president, in
9 consultation with the secretary, shall adopt regulations in accordance
10 with the provisions of this article establishing:
11 (i) [energy] efficiency [performance] standards for new products of
12 the types [set forth] referred to in paragraphs (a) through [(n)] (f),
13 paragraphs (h) through (y), paragraphs (aa) through (jj) and paragraphs
14 (mm) through (xx) of subdivision one of section 16-104 of this article[,
15 with the exception of such paragraph (g) (incandescent reflector
16 lamps)];
17 (ii) procedures for testing the [energy] efficiency of the new
18 products [covered by] of the types referred to in paragraphs (a) through
19 [(n)] (f) and paragraphs (h) through (xx) of subdivision one of section
20 16-104 of this article;
21 (iii) procedures for manufacturers to certify that new products
22 [covered under] of the types referred to in paragraphs (a) through (f)
23 and paragraphs (h) through (xx) of subdivision one of section 16-104 of
24 this article meet the [energy] efficiency standards to be [promulgated
25 under this article] adopted pursuant to this article, if the president
26 determines that such manufacturer's certifications should be required;
27 and
28 (iv) such further matters as are necessary to insure the proper imple-
29 mentation and enforcement of the provisions of this article.
30 (b) With respect to [incandescent reflector lamps, included] the types
31 of products referred to in [paragraph] paragraph (g), (z) or (kk) of
32 subdivision one of section 16-104 of this article (incandescent reflec-
33 tor lamps, general service lamps, and light emitting diode lamps), the
34 [secretary, in consultation with the] president[,] shall conduct a study
35 by December thirty-first, two thousand twenty-three to determine whether
36 an [energy] efficiency [performance] standard for such [product]
37 products should be established, taking into account factors including
38 the potential impact on electricity usage, product availability and
39 consumer and environmental benefits. If [it is determined] the president
40 determines based on this study that such a standard would reduce energy
41 use and would not be preempted by the federal law, the [secretary, in
42 consultation with the] president[,] shall adopt regulations in accord-
43 ance with the provisions of this article establishing [energy perform-
44 ance] efficiency standards for such [product on or before January first,
45 two thousand eight] products.
46 3. Subsequent to adopting regulations pursuant to subdivisions one and
47 two of this section, the [secretary, in consultation with the] presi-
48 dent, in consultation with the secretary, may amend such regulations,
49 including increasing the stringency of the [energy] efficiency [perform-
50 ance] standards[, provided however that no energy efficiency performance
51 standard shall become effective for a product less than one hundred
52 eighty days after it shall become final].
53 4. By March fifteenth of two thousand twenty-one, the secretary and
54 the president shall produce a report to the governor, the speaker of the
55 assembly, the temporary president of the senate, the chair of the assem-
56 bly committee on energy and the chair of the senate committee on energy
S. 9405 19
1 and telecommunications on the status of regulations establishing [ener-
2 gy] efficiency [performance] standards pursuant to this article, which
3 shall indicate for each product enumerated in subdivision one of section
4 16-104 of this article the status of the implementation of [performance]
5 efficiency standards. The report shall also set forth the estimated
6 potential annual reductions in energy use and potential utility bill
7 savings resulting from adopted [performance] efficiency standards for
8 the years two thousand twenty-five and two thousand thirty-five and the
9 potential cumulative reductions in energy use through the year two thou-
10 sand thirty-five. Such report shall be updated in the same manner by
11 March fifteenth, two thousand twenty-six and two thousand thirty and [a
12 copy] copies of such updates shall be posted by March fifteenth, two
13 thousand twenty-seven and March fifteenth, two thousand thirty on the
14 websites of the authority and the department of state.
15 5. (a) In addition to all other powers and authority given to the
16 secretary by this article, the secretary shall have and be entitled to
17 exercise the following powers and duties:
18 (i) To request the president to conduct investigations to determine if
19 products covered by efficiency standards adopted pursuant to this arti-
20 cle comply with such efficiency standards; to consult with the president
21 in connection with the president's performance of such investigations;
22 to request the president to conduct tests to determine if products
23 covered by efficiency standards adopted pursuant to this article comply
24 with such efficiency standards; and to request the president's cooper-
25 ation in connection with enforcement proceedings conducted by the secre-
26 tary pursuant to this article;
27 (ii) To order the immediate cessation of any distribution, sale or
28 offer for sale, lease or offer to lease, rent or offer to rent, import,
29 or offer to import, or installation or offer of installation of any
30 product listed in paragraphs (a) through (xx) of subdivision one of
31 section 16-104 of this article, or of any product for which efficiency
32 standards shall have been established pursuant to paragraph (b) or (c)
33 of subdivision one of this section, or any product that is subject to a
34 federal efficiency standard that shall have been continued in this state
35 pursuant to section 16-105 of this article, if the secretary, in consul-
36 tation with the president, determines that such product does not meet
37 the applicable efficiency standard or if such product does not satisfy
38 the testing procedures or manufacturer's certification procedures
39 adopted pursuant to the regulations authorized by this article;
40 (iii) To accept grants or funds for purposes of administration and
41 enforcement of this article;
42 (iv) To impose, after notice and an opportunity to be heard, civil
43 penalties and/or injunctive relief for any violation of this article or
44 any regulation adopted pursuant to this article. Any penalties collected
45 by the secretary under this section shall be placed in the account
46 established under section ninety-seven-www of the state finance law,
47 relating to the consumer protection account; and
48 (v) To adopt such rules and regulations as the secretary may deem
49 necessary or appropriate for the purpose of carrying out the powers and
50 duties granted to the secretary by this article.
51 (b) The secretary may exercise the powers and authority granted to the
52 secretary by this subdivision, or by any other provision of this arti-
53 cle, through the consumer protection division established by the secre-
54 tary pursuant to section ninety-four-a of the executive law or through
55 such other divisions, officers, or employees of the department of state
56 as the secretary may designate from time to time.
S. 9405 20
1 § 17. The energy law is amended by adding a new section 16-107 to read
2 as follows:
3 § 16-107. Subpoenas, information and document production, enforcement
4 procedures, referrals. 1. (a) In addition to all other powers provided
5 by this article, the secretary or his or her designee shall have the
6 power and authority to subpoena and require the attendance of witnesses
7 and the production of books, papers, contracts and any other documents
8 pertaining to any investigation or hearing conducted pursuant to this
9 article. The secretary may issue such subpoenas on his or her own initi-
10 ative or at the request of the president.
11 (b) If any person refuses to comply with a subpoena issued under this
12 section, the department may petition a court of competent jurisdiction
13 to enforce the subpoena and such sanctions as the court may direct.
14 (c) A subpoena issued under this subdivision shall be regulated by the
15 civil practice law and rules, and is in addition to and not in limita-
16 tion of the power to make information and document requests under subdi-
17 vision two of this section.
18 2. Any person that sells or offers for sale, leases or offers for
19 lease, rents or offers for rent, or installs or offers to install, manu-
20 factures or tests in New York state any new product of a type listed in
21 paragraphs (a) through (xx) of subdivision one of section 16-104 of this
22 article, or any new product for which efficiency standards shall have
23 been established pursuant to paragraph (b) or (c) of subdivision one of
24 section 16-106 of this article, or any product that is subject to feder-
25 al efficiency standards that shall have been continued in this state
26 pursuant to section 16-105 of this article, shall be obliged, on the
27 request of the secretary or his or her designee, or the request of the
28 president or his or her designee, to supply the secretary and/or the
29 president with such information and documentation as may be required
30 concerning such person's business, business practices, or business meth-
31 ods, or proposed business practices or methods. The obligations
32 contained in this subdivision shall not apply to any person that sells
33 or offers for sale, leases or offers for lease, rents or offers for
34 rent, or installs or offers to install only products described in subdi-
35 vision three of section 16-104 of this article. The power to make infor-
36 mation and document requests is in addition to and not in limitation of
37 the power to issue subpoenas.
38 3. The secretary shall, before ordering the immediate cessation of any
39 distribution, sale or offer for sale, lease or offer to lease, rent or
40 offer to rent, import or offer to import, or installation or offer of
41 installation of any product, or imposing any civil penalty, injunctive
42 relief, or other relief pursuant to this article upon any person who is
43 alleged to be in violation of any provision of this article or of any
44 regulation adopted pursuant to this article, and at least ten days prior
45 to the date set for the hearing, notify in writing and shall afford such
46 person an opportunity to be heard in person or by counsel in reference
47 thereto. Such written notice may be served by delivery of same
48 personally, or by mailing same by certified mail to the last known busi-
49 ness address of such person, or by any method authorized by the civil
50 practice law and rules. The hearing on such charges shall be at such
51 time and place as the department of state shall prescribe. A hearing
52 held by this subdivision shall be held pursuant to the state administra-
53 tive procedure act, and any applicable regulations adopted by the secre-
54 tary.
S. 9405 21
1 4. A final action of the secretary in imposing a civil penalty, or
2 other order, may be subject to review by a proceeding instituted under
3 article seventy-eight of the civil practice law and rules.
4 5. In addition to all other powers provided by this article, the
5 secretary and the president, are authorized, individually or jointly, to
6 refer the results of any investigation conducted by the president pursu-
7 ant to this article to the attorney general and to request the attorney
8 general to institute, in the name of the secretary and/or the president,
9 an action or proceeding to enforce the provisions of this article. The
10 attorney general shall, at the request of the secretary or president, or
11 may, on his or her own initiative, institute proceedings to enforce the
12 provisions of this article including the imposition of civil penalties
13 or injunctive relief. Nothing in this subdivision shall limit or impair
14 the power and authority of the secretary to conduct enforcement
15 proceedings, to issue orders pursuant to paragraph (b) of subdivision
16 five of section 16-106 of this article, and to impose penalties pursuant
17 to section 16-108 of this article.
18 § 18. Section 16-108 of the energy law, as added by chapter 431 of the
19 laws of 2005, is amended to read as follows:
20 § 16-108. Violations, civil liability. 1. Any person who issues:
21 (a) a certification that a product listed in paragraphs (a) through
22 (xx) of subdivision one of section 16-104 of this article complies with
23 the [energy] efficiency standards for such product established by or
24 pursuant to this article[,];
25 (b) a certification that a product not listed in paragraphs (a)
26 through (xx) of subdivision one of section 16-104 of this article
27 complies with efficiency standards for such product established pursuant
28 to paragraph (b) or (c) of subdivision one of section 16-104 of this
29 article; or
30 (c) a certification that a product that is subject to federal effi-
31 ciency standards that shall have been continued in this state pursuant
32 to section 16-105 of this article complies with such efficiency stand-
33 ards, knowing that such product does not comply with [those] such effi-
34 ciency standards, shall be liable for a civil penalty of not more than
35 ten thousand dollars for each such product certified and an additional
36 penalty of not more than ten thousand dollars for each day during which
37 such violation continues.
38 2. Any person who violates the provisions of subdivision two of
39 section 16-104 of this article, or [who] fails to perform any duty
40 imposed by this article, or [who] violates or fails to comply with any
41 rule, regulation, determination, or order [of] adopted, made, or issued
42 by the president or the secretary [of state promulgated] pursuant to
43 this article, shall be liable for a civil penalty of not more than five
44 hundred dollars for each such violation and an additional civil penalty
45 of not more than one hundred dollars for each day during which such
46 violation continues, and, in addition thereto, such person may be
47 enjoined from continuing such violation.
48 3. [The secretary may cause an investigation to be made of complaints
49 received concerning violations of this article and may refer the results
50 of such investigations to the attorney general. The attorney general
51 shall, at the request of the secretary, or may, on his own initiative,
52 institute proceedings to enforce the provisions of this article.
53 4.] An action or cause of action for the recovery of a penalty under
54 this section may be settled or compromised in an amount to be approved
55 by the secretary either before or after proceedings are brought to
56 recover such penalties and prior to the entry for judgment therefor.
S. 9405 22
1 § 19. The energy law is amended by adding a new section 16-109 to read
2 as follows:
3 § 16-109. Conflicts with other laws. Nothing in this article or in
4 any regulation adopted pursuant to this article shall limit, impair, or
5 supersede the provisions of subdivision one of section three hundred
6 eighty-three of the executive law or the provisions of subdivision three
7 of section 11-103 of this chapter.
8 § 20. Subparagraphs 14 and 15 of paragraph (a) of subdivision 3 of
9 section 94-a of the executive law, as added by section 21 of part A of
10 chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
11 added to read as follows:
12 (14) cooperate with and assist consumers in class actions in proper
13 cases; [and]
14 (15) create an internet website or webpage pursuant to section three
15 hundred ninety-c of the general business law[.], as added by chapter
16 five hundred nine of the laws of two thousand seven; and
17 (16) exercise such powers and duties granted to the secretary by arti-
18 cle sixteen of the energy law as the secretary may direct, including,
19 but not limited to: consult with such president of the New York state
20 energy research and development authority in connection with investi-
21 gations conducted by such president pursuant to article sixteen of the
22 energy law; make determinations relating to compliance by products with
23 the standards adopted pursuant to article sixteen of the energy law;
24 order the immediate cessation of any distribution, sale or offer for
25 sale, import, or installation of any product that does not meet such
26 standards; and impose civil penalties as contemplated by article sixteen
27 of the energy law.
28 § 21. Paragraph a of subdivision 1 of section 374 of the executive
29 law, as amended by section 96 of subpart B of part C and as further
30 amended by section 104 of part A of chapter 62 of the laws of 2011, is
31 amended to read as follows:
32 a. Two members, to be appointed by the governor, from among the
33 commissioners of the departments of economic development, environmental
34 conservation, corrections and community supervision, education, health,
35 labor, mental health and social services, office of general services,
36 division of housing and community renewal, the president of the New York
37 state energy research and development authority, and the superintendent
38 of financial services.
39 § 22. Subdivision 3 of section 374 of the executive law, as added by
40 chapter 707 of the laws of 1981, is amended to read as follows:
41 3. The council shall meet at least quarterly at the call of the chair-
42 man. Additional meetings may be called upon at least five [days] days'
43 notice by the chairman or by petition of five members of the council.
44 § 23. Subdivision 2 of section 97-www of the state finance law, as
45 amended by section 53 of part A of chapter 62 of the laws of 2011, is
46 amended to read as follows:
47 2. Such account shall consist of all penalties received by the depart-
48 ment of state pursuant to section three hundred ninety-nine-z of the
49 general business law, section 16-106 of the energy law and any addi-
50 tional monies appropriated, credited or transferred to such account by
51 the Legislature. Any interest earned by the investment of monies in such
52 account shall be added to such account, become part of such account, and
53 be used for the purposes of such account.
54 § 24. A building code or other requirement applicable to commercial or
55 residential buildings or construction may not prohibit the use of a
56 substance allowed pursuant to the United States Environmental Protection
S. 9405 23
1 Agency's significant new alternatives policy to implement 42 U.S.C.
2 767lk, provided that such substance and the refrigeration or air condi-
3 tioning system or other equipment or products utilizing such substance
4 are designed, installed, and used in accordance with nationally recog-
5 nized published standards that protect building occupant safety and
6 reduce fire risks. Substances under review but not yet listed by the
7 United States Environmental Protection Agency pursuant to 42 U.S.C.
8 767lk may be allowed for use provided that such substance has a lower
9 global warming potential than alternative substances and such substance
10 and the refrigeration or air conditioning system or other equipment or
11 products utilizing such substance are designed, installed, and used in
12 accordance with nationally recognized published standards that protect
13 building occupant safety and reduce fire risks and, if such substance
14 contains any perfluoroalkyl and polyfluoroalkyl substances, has not been
15 determined by the department of environmental conservation to require
16 additional study to determine the extent of any environmental and/or
17 health impacts that may result from such use.
18 § 25. This act shall take effect immediately; provided, however, that
19 sections six through twenty-four of this act shall take effect on the
20 one hundred eightieth day after it shall have become a law; provided,
21 however, that the amendments to subdivision 4 of section 16-106 of the
22 energy law made by section sixteen of this act shall not affect the
23 repeal of such subdivision and shall be deemed repealed therewith.
24 Effective immediately, the addition, amendment, and/or repeal of any
25 rule or regulation necessary for the timely implementation of this act
26 on or before its effective date are hereby authorized to be made and
27 completed on or before such effective date.
