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A08143 Summary:

BILL NOA08143A
 
SAME ASNo Same As
 
SPONSORFahy
 
COSPNSRCusick, McDonald, Rosenthal L, Burke, Steck, Seawright, Simon, Jacobson, Davila, Galef, Kelles, Thiele, Forrest, Gonzalez-Rojas, Carroll, Hevesi, Paulin, Englebright, Gallagher, Stern, Sillitti, Lunsford, Meeks, Burdick, Abinanti, Otis, Stirpe, Mitaynes, Dilan, McMahon, Rivera JD, Glick, Pretlow, Niou, Woerner, Weprin, Mamdani, Griffin, Quart, Colton
 
MLTSPNSR
 
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 of 2022"; 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.
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A08143 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8143A
 
SPONSOR: Fahy
  TITLE OF BILL: An act to amend the energy law, the executive law and the state finance law, in relation to establishing the "advanced building codes, appliance and equipment efficiency standards act of 2022"   PURPOSE OR GENERAL IDEA OF BILL: To remove current barriers in the Energy Law that could impede the adoption of updates to the State Energy Conservation Construction Code (Energy Code) needed to align the Energy Code with the clean energy and climate policies and goals of the State, as well as increase the state's efficiency standards for appliances.   SUMMARY OF PROVISIONS: Section 1 of the bill would title this bill as the "Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022." Section 2 of this bill would amend subdivision 2 of section 3-101 of the Energy Law by adding the encouragement of clean energy and implementa- tion of the climate agenda set forth within the Climate Leadership and Community Protection Act to a statement of the State's energy policy relating to the construction and operation of new buildings and in the rehabilitation of existing buildings. Section 3 of this bill would amend section 11-102 of the Energy Law by revising the definition of "ASHRAE 90.1,", "Historic building" and adds a new definition of "life-cycle cost." Section 4 of this bill would amend section 11-103 of the Energy Law by removing the fixed list of changes to existing buildings that are auto- matically exempt from the Energy Code, and allows the Code Council to determine which exceptions, if any, should be included in the Energy Code and provides that for the purposes of considering the cost effec- tiveness of proposed amendments to the Energy Code, a life-cycle cost analysis should be used, and secondary or societal effects, such as reductions in carbon emissions, should be considered. The Authority shall conduct public meetings to provide opportunities for public comment from individuals that could be impacted by regulations, includ- ing individuals living in disadvantaged communities as identified by the Climate Justice Working Group. Nothing in this section shall be deemed to expand the powers of the Building Code Council to include matters that are exclusively within the statutory jurisdiction of the Public Service Commission (PSC), Department of Environmental Conservation (DEC), Office of Renewable Energy Siting (ORES)or another State entity. Section 5 of this bill would amend section 11-104 of the Energy Law by adding a new subdivision 6, which will provide that the Energy Code shall be designed to help achieve the State's clean energy and climate agenda set forth within the Climate Leadership and Community Protection Act. The Building Code Council shall provide exemptions to the standards and requirements that would threaten, degrade or destroy the historic form, fabric or function of historic buildings. The Building Code Coun- cil, in consultation with the State Commissioner of Parks, Recreation and Historic Preservation, shall make a determination for an exemption to the standards and requirements pursuant to his section. Sections 6 of this bill would amend the article heading of Article 16 of the Energy Law. Section 6-a amends section 16-102 of the Energy Law by adding a new subdivision 1-a to define "product," meaning any appliance or equipment, other than a motor vehicle, which in operation consumes or is designed to consume energy or to result in the consumption of energy, including any water-related appliance, equipment or fixture that is designed to consume or result in the consumption of energy in its opera- tion or use. Sections 7 through 13 of this bill would amend section 16-102 of the energy law to modify existing definitions and add new definitions for products that would be covered by this bill. Section 14 of this bill would amend section 16-104 of the Energy Law to provide for revisions to the applicability and enforcement of this act. The adoption of efficiency standards for any water-related appliances, equipment or fixtures shall be subject to the approval of the Commis- sioner of the Department of Environmental Conservation. When adopting flexible demand appliance standards, the New York State Energy Research and Development Authority (NYSERDA) shall consider cybersecurity proto- cols, and at a minimum, the North American Electric Reliability Corpo- ration's Critical Infrastructure Protection Standards. Section 15 of this bill would add a new section 16-105 to the Energy Law to authorize the adoption, by regulation, all currently applicable Federal efficiency standards. The Federal efficiency standards shall remain in effect in the State unless amended or rescinded by NYSERDA. Section 16 of this bill would amend section 16-106 of the Energy Law to provide express authority to the President of NYSERDA, in consultation with the Secretary of State, to establish energy efficiency performance standards and promulgate regulations to achieve them, conduct investi- gations and reporting requirements. Pursuant to this section, efficien- cy standards and regulations established by NYSERDA and the Secretary of State shall not result in a net increase in co-pollutant emissions or otherwise disproportionately burden disadvantaged communities as identi- fied by the Climate Justice Working Group. NYSERDA shall conduct public meetings to provide opportunities for public comment prior to adopting a proposed standard or regulation. NYSERDA and the Department of State are required to submit a report to the Governor and Legislature on the status of efficiency standards regulations by March of 2026. New effi- ciency standards should be developed whenever feasible in coordination with similar efforts by other states. Sections 17 and 18 of this bill would amend sections 16-107 and 16-108 of the Energy Law to provide for investigation and enforcement of violations under this act related to appliance and product standards to provide the Secretary of State with the power and authority to enforce standards and issue fines for violations or refer investigations to the Attorney General for enforcement. Section 19 of this bill would amend section 16 by adding a new section 16-109 of the Energy Law to address potential conflicts of laws. Section 20 of this bill would amend section 94-a of the Executive Law to grant the Secretary of State authority to enforce appliance standards. Section 21 of this bill would amend section 374 of the Executive Law to require the Building Code Council to, at a minimum, to meet quarterly. Section 22 of this bill would amend section 97-www of the State Finance Law to provide for administration of certain funds derived from enforce- ment or settlements under this act. Section 23 of this bill would prohibit a building code or other require- ment applicable to commercial or residential buildings or construction to exclude the use of a substance pursuant to 42 U.S.0 7671k. A substance under review but not yet listed by the United States Environ- mental Protection Agency pursuant to 42 U.S.0 7671K may be allowed for use if such substance has a lower global warming potential than alterna- tive substances. Section 24 of this bill is the effective date.   JUSTIFICATION: Buildings are the single largest user of energy in the State of New York, accounting for almost 60% of all energy consumed by end-use in the State. Building energy codes govern new buildings and modifications to existing buildings, directly impacting a building's energy load and carbon footprint. Increasing the efficiency of buildings will have a significant impact on New York's energy use and have a major impact in achieving our energy and climate goals. Increasing the efficiency of buildings will reduce our power demand and decrease our environmental impact while reducing the cost of operating a building. Furthermore, product and appliance standards prevent New Yorkers from wasting money in the use of everyday items by setting performance and efficiency stan- dards that reduce energy use, paying for themselves. Adoption of energy efficiency and GHG standards will conserve energy, reduce pollution and save money. Analysis shows that energy efficiency product standards have the potential to deliver the reduction of over 36 million metric tons of carbon dioxide equivalent (CO2e) emissions over the lifetime of measures in place by 2030 - equivalent to removing an average of half a million cars from the road each year. The proposed product and appliance standards will deliver a projected $15 billion of total utility bill savings by 2035 for New York consum- ers, including an estimated $6 billion in total utility bill savings for low-to moderate-income households. This legislation also provides DOS with enforcement authority over any state standards.   PRIOR LEGISLATIVE HISTORY: 2020-2021: A8143 (Fahy) referred to energy   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act takes effect immediately, except that section 6 through section 23 would take effect 180 days after enactment.
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A08143 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8143--A
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 16, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  FAHY, CUSICK, McDONALD, L. ROSENTHAL, BURKE,
          STECK, SEAWRIGHT, SIMON,  JACOBSON,  DAVILA,  GALEF,  KELLES,  THIELE,
          FORREST,   GONZALEZ-ROJAS,   CARROLL,   HEVESI,  PAULIN,  ENGLEBRIGHT,
          GALLAGHER, STERN, SILLITTI, LUNSFORD, MEEKS, BURDICK, ABINANTI,  OTIS,
          STIRPE,  MITAYNES, DILAN -- read once and referred to the Committee on
          Energy -- recommitted to the Committee on Energy  in  accordance  with
          Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee
 
        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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
        A                                                          LBD12007-07-2

        A. 8143--A                          2
 
     1    3.   ["ASHRAE   90.1-2007."    ANSI/ASHRAE/IESNA]    "ASHRAE    90.1."
     2  ANSI/ASHRAE/IES  Standard [90.1-2007] 90.1, entitled "Energy [Standards]
     3  Standard for Buildings Except Low-Rise Residential Buildings," published
     4  by American Society of Heating, Refrigerating and Air-Conditioning Engi-
     5  neers, Inc.
     6    9.  "Historic  building."  Any  building  that  is  one or more of the
     7  following: (a) listed, or certified as  eligible  for  listing,  on  the
     8  national register of historic places or on the state register of histor-
     9  ic  places, (b) [determined by the commissioner of parks, recreation and
    10  historic preservation to be eligible for listing on the  state  register
    11  of  historic places] designated as historic under an applicable state or
    12  local law, or (c) [determined by the commissioner of  parks,  recreation
    13  and  historic  preservation to be a contributing building to an historic
    14  district that is listed or eligible for listing on the state or national
    15  registers of historic places, or (d) otherwise defined  as  an  historic
    16  building  in regulations adopted by the state fire prevention and build-
    17  ing code council] certified as a contributing resource within a national
    18  register-listed, state register-listed, or locally  designated  historic
    19  district.
    20    11.  "Life-cycle  cost." An estimate of the total cost of acquisition,
    21  operation, maintenance, and construction of any energy system within  or
    22  related  to a building over the design life of the building. "Life-cycle
    23  cost" includes, but is not limited to,  the  cost  of  fuel,  materials,
    24  machinery, ancillary devices, labor, service, replacement, and repairs.
    25    §  4.  Paragraph  (b)  of  subdivision  1  and subdivisions 2 and 3 of
    26  section 11-103 of the energy law, paragraph  (b)  of  subdivision  1  as
    27  added  and  subdivision  2 as amended by chapter 560 of the laws of 2010
    28  and subdivision 3 as amended by chapter 292 of the  laws  of  1998,  are
    29  amended to read as follows:
    30    (b)  The code shall apply to the construction of any new building. The
    31  code shall also apply to an addition to, and alteration of, any existing
    32  building or building system; provided, however, that the code shall  not
    33  be interpreted to require any unaltered portion of the existing building
    34  or building system to comply with the code. The code shall [not apply to
    35  the  following  provided  that  the  energy  use  of the building is not
    36  increased:
    37    (1) storm windows installed over existing fenestration;
    38    (2) glass only replacements in an existing sash and frame;
    39    (3)  existing  ceiling,  wall  or  floor   cavities   exposed   during
    40  construction provided that these cavities are filled with insulation;
    41    (4)  construction where the existing roof, wall or floor cavity is not
    42  exposed;
    43    (5) reroofing for roofs where neither the sheathing nor the insulation
    44  is exposed; roofs without insulation in the cavity and where the sheath-
    45  ing or insulation is exposed during reroofing shall be insulated  either
    46  above or below the sheathing;
    47    (6) replacement of existing doors that separate conditioned space from
    48  the  exterior  shall  not  require  the  installation  of a vestibule or
    49  revolving door, provided, however, that an existing vestibule that sepa-
    50  rates such conditioned space from the exterior shall not be removed;
    51    (7) alterations that replace less than fifty percent of the luminaires
    52  in a space, provided that such alterations do not increase the installed
    53  interior lighting power;
    54    (8) alterations that replace only the  bulb  and  ballast  within  the
    55  existing  luminaires  in  a  space provided that the alteration does not
    56  increase the installed interior lighting power; and

        A. 8143--A                          3

     1    (9) any other exception] be subject to such other exceptions as may be
     2  adopted by the state fire prevention and building code council  provided
     3  that  such  [exception will] exceptions shall not prevent the attainment
     4  of the compliance goals set forth in section 410(2)(c) of  the  American
     5  Recovery and Reinvestment Act of 2009.
     6    2.  (a) The state fire prevention and building code council is author-
     7  ized, from time to time as it deems appropriate and consistent with  the
     8  purposes  of  this article, to review and amend the code, or adopt a new
     9  code, through rules and regulations provided that the code remains  cost
    10  effective  with respect to building construction in the state. In deter-
    11  mining whether the code remains cost effective, the code  council  shall
    12  consider  [whether  the cost of materials and their installation to meet
    13  its standards would be equal to or less than the present value of energy
    14  savings that could be expected over a ten year period in the building in
    15  which such materials are installed] (i) whether the life-cycle costs for
    16  a building will be recovered through savings in energy  costs  over  the
    17  design  life  of the building under a life-cycle cost analysis performed
    18  under methodology as established by the New York state  energy  research
    19  and  development authority in regulations which may be updated from time
    20  to time, and (ii) secondary or societal effects, such as  reductions  in
    21  greenhouse  gas emissions, as defined in regulations. Before publication
    22  of a notice of proposed rule  making  establishing  the  methodology  or
    23  defining  secondary  or societal effects, the president of the authority
    24  shall conduct public meetings to provide  meaningful  opportunities  for
    25  public  comment  from  all  segments  of  the  population  that would be
    26  impacted by the regulations, including persons living  in  disadvantaged
    27  communities  as  identified  by the climate justice working group estab-
    28  lished under section 75-0111 of the environmental conservation law.  For
    29  residential buildings, the code shall  meet  or  exceed  the  then  most
    30  recently  published  International  Energy Conservation Code, or achieve
    31  equivalent or greater energy savings; and for commercial buildings,  the
    32  code  shall  meet  or  exceed  the  then  most recently published ASHRAE
    33  [90.1-2007] 90.1, or achieve equivalent or greater energy savings.
    34    (b) When adopting the first amended version of the code next following
    35  the effective date of the chapter of the laws of two thousand twenty-two
    36  that added this paragraph and  any  subsequent  codes,  the  state  fire
    37  prevention and building code council shall use its best efforts to adopt
    38  provisions for residential buildings that achieve energy savings greater
    39  than  energy savings achieved by the then most recently published Inter-
    40  national Energy Conservation Code and to adopt provisions for commercial
    41  buildings that  achieve  energy  savings  greater  than  energy  savings
    42  achieved by the then most recently published ASHRAE 90.1, both at levels
    43  recommended  by  the  New  York  state  energy  research and development
    44  authority, provided that the state fire  prevention  and  building  code
    45  council  determines  that  such  advanced energy savings can be achieved
    46  while still meeting the cost effectiveness  considerations  contemplated
    47  by this subdivision.
    48    3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
    49  prevention and building code council  in  accordance  with  the  mandate
    50  under  this  article shall have exclusive authority among state agencies
    51  to promulgate a  construction  code  incorporating  energy  conservation
    52  features and clean energy features applicable to the construction of any
    53  building,  including  but  not limited to greenhouse gas reduction.  Any
    54  other code, rule or regulation heretofore promulgated or enacted by  any
    55  other state agency, incorporating specific energy conservation and clean
    56  energy  requirements  applicable  to  the  construction of any building,

        A. 8143--A                          4
 
     1  shall be superseded by the code promulgated pursuant  to  this  section.
     2  Notwithstanding  the  foregoing, nothing in this section shall be deemed
     3  to expand the powers of the council to include matters that  are  exclu-
     4  sively  within  the statutory jurisdiction of the public service commis-
     5  sion, the department of environmental conservation, the office of renew-
     6  able energy siting or another state entity.
     7    § 5. Subdivision 5 of section 11-104 of the energy law, as amended  by
     8  chapter  560  of the laws of 2010, is amended and a new subdivision 6 is
     9  added to read as follows:
    10    5. The [code shall exempt from such uniform standards and requirements
    11  any historic building as defined in  section  11-102  of  this  article]
    12  state fire prevention and building code council shall provide exemptions
    13  to  such  uniform  standards  and requirements for historic buildings as
    14  defined in section 11-102 of  this  article,  to  the  extent  that  the
    15  uniform  standards  and requirements would threaten, degrade, or destroy
    16  the historic form, fabric, or function of such historic buildings.   Any
    17  determination on a request for an exemption pursuant to this subdivision
    18  shall  be  made  only  after consultation with the state commissioner of
    19  parks, recreation and historic preservation pursuant to section 14.09 of
    20  the parks, recreation and historic preservation law. If the exemption is
    21  requested for a locally designated or certified historic  building,  the
    22  locality shall also be consulted.
    23    6.  To  the fullest extent feasible, the standards for construction of
    24  buildings in the code shall be designed  to  help  achieve  the  state's
    25  clean energy and climate agenda, including but not limited to greenhouse
    26  gas  reduction,  set forth within chapter one hundred six of the laws of
    27  two thousand nineteen, also known as the New York state climate  leader-
    28  ship  and community protection act, and as further identified by the New
    29  York state  climate  action  council  established  pursuant  to  section
    30  75-0103 of the environmental conservation law.
    31    §  6. The article heading of article 16 of the energy law, as added by
    32  chapter 431 of the laws of 2005, is amended to read as follows:
    33            APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
    34    § 6-a. Section 16-102 of the energy law is amended  by  adding  a  new
    35  subdivision 1-a to read as follows:
    36    1-a.  "Product"  means  any appliance or equipment, other than a motor
    37  vehicle, which in operation consumes or is designed to consume energy or
    38  to result in the consumption  of  energy,  including  any  water-related
    39  appliance, equipment or fixture that is designed to consume or result in
    40  the consumption of energy in its operation or use.
    41    §  7. Subdivision 4-a of section 16-102 of the energy law, as added by
    42  chapter 222 of the laws of 2010, is amended to read as follows:
    43    4-a. ["Bottle-type water dispenser" means a water dispenser that  uses
    44  a  bottle  or  reservoir  as the source of potable water.] The following
    45  definitions refer to water coolers:
    46    (a) "Bottle-type" means a water dispenser that uses a bottle or reser-
    47  voir as the source of potable water.
    48    (b) "Water cooler" means a freestanding device that consumes energy to
    49  cool and/or heat potable water.
    50    (c) "Cold only units" means units that dispense cold water only.
    51    (d) "Hot and cold units" means units that dispense both hot  and  cold
    52  water. Some units may also offer room-temperature water.
    53    (e)  "Cook  and  cold  units"  means units that dispense both cold and
    54  room-temperature water.
    55    (f) "Point of use (POU)" means the water  cooler  is  connected  to  a
    56  pressurized water source.

        A. 8143--A                          5
 
     1    (g) "Conversion-type" means a unit that ships as either bottle-type or
     2  POU  and  includes a conversion kit intended to convert the water cooler
     3  from a bottle-type unit to a POU unit or to convert  a  POU  unit  to  a
     4  bottle-type unit.
     5    (h)  "Storage-type"  means  thermally conditioned water is stored in a
     6  tank in the water cooler and is available instantaneously.
     7    (i) "On demand" means the water cooler heats water as it is requested,
     8  which typically takes a few minutes to deliver.
     9    § 8. Subdivision 11 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    11.  "Consumer  audio and video product" means [televisions,] a mains-
    12  connected product that amplifies  audio,  offers  optical,  offers  disc
    13  player  functionality,  and/or  receives  and  plays  audio and/or video
    14  content. Examples of consumer audio and video products  include  compact
    15  audio  products,  digital versatile disc players, digital versatile disc
    16  recorders, [and] digital television adapters and streaming  media  play-
    17  ers.    Televisions  are  specifically  excluded from consumer audio and
    18  video products.
    19    § 9. Subdivision 18 of section 16-102 of the energy law, as  added  by
    20  chapter 431 of the laws of 2005, is amended to read as follows:
    21    18.  ["Energy efficiency performance standards"] "Efficiency standard"
    22  means [performance standards which prescribe a minimum level  of  energy
    23  efficiency  determined  in accordance with test procedures prescribed by
    24  the secretary in  consultation  with  the  president]  a  standard  that
    25  defines  performance metrics and/or defines prescriptive design require-
    26  ments associated with the regulated category  of  product  in  order  to
    27  reduce  energy  consumption, and reduce greenhouse gas emissions associ-
    28  ated with energy consumption and/or increase demand flexibility.
    29    § 10.  Subdivisions 27-a and 27-b of section 16-102 of the energy law,
    30  as added by chapter 222 of the laws of 2010,  are  amended  to  read  as
    31  follows:
    32    27-a.  "Portable  electric  spa" means a factory-built electric spa or
    33  hot tub, [supplied with equipment for  heating  and  circulating  water]
    34  which may or may not include any combination of integral controls, water
    35  heating or water circulating equipment.
    36    27-b. "Portable light fixture" means a light fixture which has a flex-
    37  ible cord and an attachment plug for connection to a nominal one hundred
    38  twenty-volt,  fifteen-  or  twenty-ampere  branch  circuit; which can be
    39  relocated by the user without any rewiring;  [and]  which  is  typically
    40  controlled  with  a switch located on the light fixture itself or on the
    41  power cord; and which are  intended  for  use  in  accordance  with  the
    42  national  electrical  code, ANSI/NFPA 70-2002.  "Portable light fixture"
    43  does not include direct plug-in nightlights; sun and heat lamps; aquari-
    44  um lamps; medical and dental lights; portable electric hand lamps; signs
    45  and commercial  advertising  displays;  photographic  lamps;  germicidal
    46  lamps; [metal halide lamp fixtures; torchiere lighting fixtures] illumi-
    47  nated  vanity  mirrors; lava lamps not providing general or task illumi-
    48  nation; industrial work lights rated  for  use  with  a  lamp  providing
    49  greater  than  seven  thousand lumens; portable lamp fixtures for marine
    50  use or for use in hazardous locations as defined in the  national  elec-
    51  trical  code,  ANSI/NFPA  70; or decorative lighting outfits or electric
    52  candles and candelabras without lampshades that are covered by the stan-
    53  dard for safety of seasonal and holiday decorative products, UL 588.
    54    § 11. Subdivision 29-a of section 16-102 of the energy law,  as  added
    55  by chapter 222 of the laws of 2010, is amended to read as follows:

        A. 8143--A                          6
 
     1    29-a.  "[Residential]  Replacement  dedicated-purpose pool pump motor"
     2  means [a product which is designed or used to circulate and filter resi-
     3  dential swimming pool water in order to maintain clarity and  sanitation
     4  and which consists in part of a motor and an impeller] an electric motor
     5  that:
     6    (a) is single-phase or polyphase;
     7    (b)  has  a dedicated purpose pool pump motor total horsepower of less
     8  than or equal to five horsepower;
     9    (c) is marketed for use as a replacement motor  in  self-priming  pool
    10  filter  pump,  non-self-priming  pool  filter  pump  or pressure cleaner
    11  booster pump applications; and
    12    (d) excludes polyphase replacement dedicated-purpose pool pump  motors
    13  capable  of  operating  without a drive, and is sold or offered for sale
    14  without a drive that converts single-phase power to polyphase power.
    15    § 12. Subdivision 33 of section 16-102 of the energy law, as added  by
    16  chapter 431 of the laws of 2005, is amended to read as follows:
    17    33. "Television (TV)" means [a commercially available electronic prod-
    18  uct  consisting  of  a  tuner/receiver and a monitor encased in a single
    19  housing, which is] an analog or digital  device  primarily  designed  to
    20  receive and display [an analog or digital video television signal broad-
    21  cast  by an antenna, satellite, cable, or broadband source] terrestrial,
    22  satellite, cable, Internet Protocol TV (IPTV),  or  other  broadcast  or
    23  recorded transmissions of analog or digital video and audio signals. TVs
    24  include  combination  TVs,  television  monitors, component TVs, and any
    25  unit that is marketed to the consumer as a TV.   "Television"  does  not
    26  include  [multifunction  TVs which have VCR, DVD, DVR, or EPG functions]
    27  computer monitors.
    28    § 13. Section 16-102 of the energy law is amended  by  adding  thirty-
    29  eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
    30  42-a,  43,  43-a,  44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52, 53, 54, 55,
    31  56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
    32    18-a. "Greenhouse gas" means "greenhouse gas" as defined  in  subdivi-
    33  sion seven of section 75-0101 of the environmental conservation law.
    34    18-b. "Demand flexibility" means the capability to schedule, shift, or
    35  curtail  the  electrical  demand  of  a  load-serving  entity's customer
    36  through direct action by the customer  or  through  action  by  a  third
    37  party,  the load-serving entity, or a grid balancing authority, with the
    38  customer's consent.
    39    21-c. "Duv" means a metric that quantifies the  distance  between  the
    40  chromaticity  of  a given light source and a blackbody radiator of equal
    41  correlated color temperature (CCT)  on  a  CIE  1976  (u,  v)  chromatic
    42  diagram  demonstrating how different two light sources of the same color
    43  temperature  appear.
    44    21-d. "Light Emitting Diode  (LED)  lamp"  means  a  lamp  capable  of
    45  producing  light with Duv between -0.012 and 0.012, and that has an E12,
    46  E17,  E26, or GU-24 base, including LED  lamps  that  are  designed  for
    47  retrofit  within  existing recessed can housings that contain one of the
    48  preceding bases. LED lamp does not include a lamp with a  brightness  of
    49  more  than two thousand six hundred lumens or a lamp that cannot produce
    50  light with a correlated  color  temperature  between  two  thousand  two
    51  hundred Kelvin and seven thousand Kelvin.
    52    38. The following definitions refer to air compressors:
    53    (a)  "Air compressor" means a compressor designed to compress air that
    54  has an inlet open to the atmosphere or other source of air, and is  made
    55  up of a compression element (bare compressor), driver or drivers mechan-

        A. 8143--A                          7
 
     1  ical equipment to drive the compressor element, and any ancillary equip-
     2  ment.
     3    (b)  "Compressor" means a machine or apparatus that converts different
     4  types of energy into the potential energy of gas pressure for  displace-
     5  ment  and  compression  of  gaseous  media to any higher-pressure values
     6  above atmospheric pressure and has a pressure ratio at full-load operat-
     7  ing pressure greater than 1.3.
     8    39. The following definitions refer to air purifiers:
     9    (a) "Air purifier", also known as "room air cleaner", means  an  elec-
    10  tric,  cord-connected,  portable  appliance with the primary function of
    11  removing particulate matter from the air and which  can  be  moved  from
    12  room to room.
    13    (b)  "Industrial  air  purifier"  means  an indoor air cleaning device
    14  manufactured, advertised, marketed, labeled, and used solely for  indus-
    15  trial  use that are marketed solely through industrial supply outlets or
    16  businesses and prominently labeled as "Solely for industrial use. Poten-
    17  tial health hazard: emits ozone."
    18    40. "Commercial dishwasher" means a  machine  designed  to  clean  and
    19  sanitize  plates,  pots, pans, glasses, cups, bowls, utensils, and trays
    20  by applying sprays of detergent solution (with or without blasting media
    21  granules) and a sanitizing rinse and is not a  "compact  dishwasher"  or
    22  "standard  dishwasher" (capacity less than eight place settings plus six
    23  serving pieces as specified in ANSI/AHAM DW-1 using the test load speci-
    24  fied in section 2.7 of appendix C in subpart B of 10 CFR 430.2).
    25    41. "Commercial fryer" means an  appliance  for  non-residential  use,
    26  including  a cooking vessel, in which oil is placed to such a depth that
    27  the cooking food is essentially supported by displacement of the cooking
    28  fluid rather than by the bottom of the vessel. Heat is delivered to  the
    29  cooking  fluid  by means of an immersed electric element of band-wrapped
    30  vessel (electric fryers) or by heat transfer from  gas  burners  through
    31  either the walls of the fryer or through tubes passing through the cook-
    32  ing fluid (gas fryers).
    33    41-a.  "Commercial  oven" means a chamber designed for heating, roast-
    34  ing, or baking food by conduction, convection, radiation,  and/or  elec-
    35  tromagnetic energy.
    36    42.  "Commercial  steam  cooker"  also known as "compartment steamer",
    37  means a device for non-residential use with one  or  more  food-steaming
    38  compartments in which the energy in the steam is transferred to the food
    39  by  direct  contact.  Models may include countertop models, wall-mounted
    40  models, and floor models mounted on a stand, pedestal, or  cabinet-style
    41  base.
    42    42-a.  "Commercial  hot  food  holding  cabinet" means a heated, fully
    43  enclosed compartment, with one or more solid  or  partial  glass  doors,
    44  that  is  designed to maintain the temperature of hot food that has been
    45  cooked in a separate appliance. "Commercial hot  food  holding  cabinet"
    46  does  not include heated glass merchandising cabinets, drawer warmers or
    47  cook-and-hold appliances.
    48    43. "Computer" means a device that  performs  logical  operations  and
    49  processes  data.  A computer includes both stationary and portable units
    50  and includes a desktop  computer,  a  portable  all-in-one,  a  notebook
    51  computer,  a  mobile  gaming  system,  a  high-expandability computer, a
    52  small-scale server, a thin client, and a workstation. Although a comput-
    53  er is capable of using input devices and displays, such devices are  not
    54  required  to be included with the computer when the computer is shipped.
    55  A computer is composed of, at a minimum, (a) a central  processing  unit
    56  (CPU)  to  perform  operations or, if no CPU is present, then the device

        A. 8143--A                          8
 
     1  must function as a client gateway to a server, and the server acts as  a
     2  computational CPU; (b) the ability to support user input devices such as
     3  a keyboard, mouse, or touch pad; and (c) an integrated display screen or
     4  the ability to support an external display screen to output information.
     5  The  term  "computer" does not include a tablet, a game console, a tele-
     6  vision, a device with an integrated  and  primary  display  that  has  a
     7  screen  size  of  twenty  square  inches  or less, a server other than a
     8  small-scale server, or an industrial computer.
     9    43-a. "Computer monitor" means an analog or  digital  device  of  size
    10  greater  than  or  equal  to  seventeen inches and less than or equal to
    11  sixty-one inches, that has a pixel density of greater than five thousand
    12  pixels per square inch, and that is designed primarily for  the  display
    13  of  computer-generated signals for viewing by one person in a desk-based
    14  environment. A computer monitor is composed  of  a  display  screen  and
    15  associated  electronics.  A  computer  monitor  does  not  include,  (a)
    16  displays with integrated or replaceable batteries  designed  to  support
    17  primary operation without AC mains or external DC power (e.g. electronic
    18  readers,   mobile  phones,  portable  tablets,  battery-powered  digital
    19  picture frames); or (b) a television or signage display.
    20    44. "General service lamp" shall include the following definitions:
    21    (a) "Compact fluorescent lamp (CFL)" means an integrated or  non-inte-
    22  grated  single-base,  low-pressure mercury, electric-discharge source in
    23  which a fluorescing coating transforms some of  the  ultraviolet  energy
    24  generated  by  the  mercury  discharge  into  light; this term shall not
    25  include circline or U-shaped lamps.
    26    (b) "General service incandescent lamp" means a standard  incandescent
    27  or  halogen type lamp that is intended for general service applications,
    28  has a medium screw base, has a  lumen  range  of  not  less  than  three
    29  hundred ten lumens and not more than two thousand six hundred lumens, or
    30  in the case of a modified spectrum lamp, not less than two hundred thir-
    31  ty-two  lumens and not more than one thousand nine hundred fifty lumens,
    32  and is capable of being operated at a voltage range at  least  partially
    33  within  one hundred ten and one hundred thirty volts; provided, however,
    34  that this definition shall  not  apply  to  the  following  incandescent
    35  lamps:
    36    (i) Appliance lamps;
    37    (ii) Black light lamps;
    38    (iii) Bug lamps;
    39    (iv) Colored lamps;
    40    (v)  G  shape  lamps (as defined in ANSI C78.20 and C79.1-2002) with a
    41  diameter of five inches or more;
    42    (vi) Infrared lamps;
    43    (vii) Left-hand thread lamps;
    44    (viii) Marine lamps;
    45    (ix) Marine signal service lamps;
    46    (x) Mine service lamps;
    47    (xi) Plant light lamps;
    48    (xii) Reflector lamps;
    49    (xiii) Sign service lamps;
    50    (xiv) Silver bowl lamps;
    51    (xv) Showcase lamps;
    52    (xvi) Rough service lamps;
    53    (xvii) Shatter-resistant  lamps  (including  shatter-proof  lamps  and
    54  shatter-protected lamps);
    55    (xviii) 3-way incandescent lamps;
    56    (xix) Vibration service lamps;

        A. 8143--A                          9
 
     1    (xx)  AB,  BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps (as defined
     2  in ANSI C79.1-2002 and ANSI C78.20) of forty watts or less;
     3    (xxi)  T  shape  lamps (as defined in ANSI C78.20 and ANSI C79.1-2002)
     4  and that uses not more than forty watts or has a length of more than ten
     5  inches; and
     6    (xxii) Traffic signal lamps.
     7    (c) "General service lamp" means a lamp that has an ANSI base, is able
     8  to operate at a voltage of twelve volts  or  twenty-four  volts,  at  or
     9  between  one  hundred  to  one  hundred  thirty volts, at or between two
    10  hundred twenty to two hundred forty volts, or of  two  hundred  seventy-
    11  seven  volts  for integrated lamps, or is able to operate at any voltage
    12  for non-integrated lamps, has an initial lumen output of greater than or
    13  equal to three hundred ten lumens (or two hundred thirty-two lumens  for
    14  modified  spectrum  general service incandescent lamps) and less than or
    15  equal to three thousand three hundred lumens, is not a light fixture, is
    16  not an LED downlight retrofit kit,  and  is  used  in  general  lighting
    17  applications.    General service lamps shall include, but not be limited
    18  to, general service incandescent lamps,  incandescent  reflector  lamps,
    19  compact  fluorescent  lamps, general service light emitting diode lamps,
    20  and general service organic light emitting diode lamps.  General service
    21  lamps shall not include:
    22    (i) Appliance lamps;
    23    (ii) Black light lamps;
    24    (iii) Bug lamps;
    25    (iv) Colored lamps;
    26    (v) G shape lamps with a diameter of five inches or more as defined in
    27  ANSI C79.1-2002;
    28    (vi) General service fluorescent lamps;
    29    (vii) High intensity discharge lamps;
    30    (viii) Infrared lamps;
    31    (ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not
    32  have Edison screw bases;
    33    (x) Lamps that have a wedge base or prefocus base;
    34    (xi) Left-hand thread lamps;
    35    (xii) Marine lamps;
    36    (xiii) Marine signal service lamps;
    37    (xiv) Mine service lamps;
    38    (xv) MR shape lamps that have a first number symbol equal  to  sixteen
    39  (diameter equal to two inches) as defined in ANSI C79.1-2002, operate at
    40  twelve volts and have a lumen output greater than or equal to 800;
    41    (xvi) Other fluorescent lamps;
    42    (xvii) Plant light lamps;
    43    (xviii) R20 short lamps;
    44    (xix)  Reflector  lamps  that  have  a  first  number symbol less than
    45  sixteen (diameter less than two inches) as defined  in  ANSI  C79.1-2002
    46  and  that  do  not  have  E26/E24,  E26d,  E26/50x39, E26/53x39, E29/28,
    47  E29/53x39, E39, E39d, EP39, or EX39 bases;
    48    (xx) S shape or G shape lamps that have a  first  number  symbol  less
    49  than  or equal to 12.5 (diameter less than or equal to 1.5625 inches) as
    50  defined in ANSI C79.1-2002;
    51    (xxi) Sign service lamps;
    52    (xxii) Silver bowl lamps;
    53    (xxiii) Showcase lamps;
    54    (xxiv) Specialty MR lamps;
    55    (xxv) T shape lamps that have a first number symbol less than or equal
    56  to 8 (diameter less than or equal  to  one  inch)  as  defined  in  ANSI

        A. 8143--A                         10
 
     1  C79.1-2002, nominal overall length less than twelve inches, and that are
     2  not compact fluorescent lamps; and
     3    (xxvi) Traffic signal lamps.
     4    (d)  "General  service light-emitting diode (LED) lamp" means an inte-
     5  grated or non-integrated LED lamp designed for use in  general  lighting
     6  applications  and  that uses light-emitting diodes as the primary source
     7  of light.
     8    (e) "General service organic light-emitting diode (OLED) lamp" means a
     9  thin-film light-emitting device that typically consists of a  series  of
    10  organic layers between two electrical contacts (electrodes).
    11    (f)  "Incandescent  reflector lamp" or "reflector lamp" means any lamp
    12  in which light is produced by a filament heated to incandescence  by  an
    13  electric  current,  which:  contains  an inner reflective coating on the
    14  outer bulb to direct the light; is not  colored;  is  not  designed  for
    15  rough  or  vibration service applications; is not an R20 short lamp; has
    16  an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw
    17  base; has a rated voltage or voltage range that lies at least  partially
    18  in  the range of one hundred fifteen and one hundred thirty volts; has a
    19  diameter that exceeds 2.25 inches; and has a rated wattage that is forty
    20  watts or higher.
    21    45.  "Federally  exempt  fluorescent  lamp"  means  any  linear  lamps
    22  excluded  from the definition of general service fluorescent lamps in 10
    23  CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI line-
    24  ar fluorescent lamps, impact-resistant linear fluorescent  lamps,  cold-
    25  temperature  linear  fluorescent  lamps,  and less than four-foot linear
    26  fluorescent lamps.
    27    46. The following definitions refer to portable air conditioners:
    28    (a) "Portable air conditioner"  means  a  portable  encased  assembly,
    29  other than a packaged terminal air conditioner, room air conditioner, or
    30  dehumidifier,  that  delivers  cooled,  conditioned  air  to an enclosed
    31  space, and is powered by single-phase electric  current.  Such  portable
    32  air conditioner includes a source of refrigeration and may include addi-
    33  tional means for air circulation and heating and may be a single-duct or
    34  a dual-duct portable air conditioner.
    35    (b) "Single-duct portable air conditioner" means a portable air condi-
    36  tioner  that  draws  all of the condenser inlet air from the conditioned
    37  space without the means of a duct and discharges  the  condenser  outlet
    38  air  outside  the conditioned space through a single-duct attached to an
    39  adjustable window bracket.
    40    (c) "Dual-duct portable air conditioner" means a portable  air  condi-
    41  tioner  that  draws  some or all of the condenser inlet air from outside
    42  the conditioned space through a duct attached to  an  adjustable  window
    43  bracket,  may  draw  additional condenser inlet air from the conditioned
    44  space, and discharges the condenser outlet air outside  the  conditioned
    45  space  by  means  of  a  separate  duct attached to an adjustable window
    46  bracket.
    47    46-a. "Residential ventilating fan" means a fan with  the  purpose  to
    48  actively  supply  air  to  or remove air from the inside of a residence.
    49  This includes ceiling and wall-mounted fans or remotely mounted  in-line
    50  fans  designed  to  be  used  in a bathroom or utility room, supply fans
    51  designed to provide air to indoor space and kitchen range hoods.  Supply
    52  fans may also be designed to filter incoming air.
    53    47.  "Telephone"  means an electronic product whose primary purpose is
    54  to transmit and receive sound over a distance  using  a  voice  or  data
    55  network.
    56    48. The following definitions refer to faucets and showerheads:

        A. 8143--A                         11
 
     1    (a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet,
     2  public  lavatory  faucet,  or replacement aerator for a lavatory, public
     3  lavatory or kitchen faucet.
     4    (b)  "Public lavatory faucet" means a fitting intended to be installed
     5  in nonresidential bathrooms that are exposed to walk-in traffic.
     6    (c) "Metering faucet" means a faucet that, when turned on, will gradu-
     7  ally shut itself off over a period of several seconds.
     8    (d) "Replacement aerator" means an  aerator  sold  as  a  replacement,
     9  separate from the faucet to which it is intended to be attached.
    10    (e)  "Showerhead" means a device through which water is discharged for
    11  a shower bath and includes a hand-held showerhead but does not include a
    12  safety shower showerhead.
    13    (f) "Hand-held showerhead" means a showerhead  that  can  be  held  or
    14  fixed  in place for the purpose of spraying water onto a bather and that
    15  is connected to a flexible hose.
    16    49. The following definitions refer to urinals and water closets:
    17    (a) "Plumbing fixture" means an exchangeable device, which connects to
    18  a plumbing system to deliver and drain away water and waste.
    19    (b) "Urinal" means a plumbing fixture that receives only  liquid  body
    20  waste and, conveys the waste through a trap into a drainage system.
    21    (c)  "Water closet" means a plumbing fixture having a water-containing
    22  receptor that receives liquid and solid body waste  through  an  exposed
    23  integral trap into a drainage system.
    24    (d) "Dual-flush effective flush volume" means the average flush volume
    25  of two reduced flushes and one full flush.
    26    (e)  "Dual-flush  water  closet"  means a water closet incorporating a
    27  feature that allows the user to flush the water  closet  with  either  a
    28  reduced or a full volume of water.
    29    (f)  "Trough-type urinal" means a urinal designed for simultaneous use
    30  by two or more persons.
    31    50. The following definitions refer to spray sprinkler bodies:
    32    (a) "Pressure regulator" means a device that maintains constant  oper-
    33  ating  pressure  immediately  downstream  from  the device, given higher
    34  pressure upstream.
    35    (b) "Spray sprinkler body" means the  exterior  case  or  shell  of  a
    36  sprinkler  incorporating  a  means  of  connection  to the piping system
    37  designed to convey water to a nozzle or orifice.
    38    51. "Uninterruptable power supply" means a battery charger  consisting
    39  of  a  combination  of  convertors,  switches and energy storage devices
    40  (such as batteries), constituting a power system for maintaining  conti-
    41  nuity of load power in case of input power failure.
    42    52. "Commercial battery charger system (BCS)" or "state-regulated BCS"
    43  means  a  battery charger coupled with its batteries or battery chargers
    44  coupled with their batteries, which together are referred to  as  state-
    45  regulated  battery  charger  systems.  This term covers all rechargeable
    46  batteries or devices incorporating a rechargeable battery and the  char-
    47  gers  used  with  them.    Battery  charger systems include, but are not
    48  limited to:
    49    (a) electronic devices with a battery that are normally  charged  from
    50  AC  line  voltage  or  DC  input voltage through an internal or external
    51  power supply and a dedicated battery charger;
    52    (b) the battery and battery charger components  of  devices  that  are
    53  designed to run on battery power during part or all of their operations;
    54    (c)  dedicated  battery  systems  primarily designed for electrical or
    55  emergency backup; and

        A. 8143--A                         12
 
     1    (d) devices whose primary function is to charge batteries, along  with
     2  the  batteries they are designed to charge. These units include chargers
     3  for power tool batteries and chargers for automotive, AA, AAA, C, D,  or
     4  9V  rechargeable  batteries,  as  well as chargers for batteries used in
     5  larger industrial motive equipment and a la carte chargers.
     6    The  charging  circuitry  of battery charger systems may or may not be
     7  located within the housing of the end-use device itself. In many  cases,
     8  the  battery  may be charged with a dedicated external charger and power
     9  supply combination that is separate from the device that runs  on  power
    10  from the battery. State-regulated battery charger systems do not include
    11  federally regulated battery chargers that are covered under standards in
    12  10 C.F.R. section 430.32(z).
    13    53.  "Gas fireplace" means a decorative gas fireplace or a heating gas
    14  fireplace.
    15    (a)  "Decorative   gas  fireplace" means a vented fireplace, including
    16  appliances that are freestanding, recessed, zero  clearance, or  a   gas
    17  fireplace  insert,  that  is fueled by natural gas or propane, is marked
    18  for  decorative use only, and  is  not  equipped  with  a thermostat  or
    19  intended for use as a heater.
    20    (b) "Heating gas fireplace" means a vented fireplace, including appli-
    21  ances that are freestanding, recessed, zero  clearance, or  a  gas fire-
    22  place  insert, that is fueled by natural gas or propane  and  is  not  a
    23  decorative fireplace.
    24    54.  "Manufactured  home"  has  the  meaning  ascribed to that term by
    25  subdivision seven of section six hundred one of the executive law.
    26    55. "Recreational vehicle" means a van or  utility  vehicle  used  for
    27  recreational purposes.
    28    56.  "Uniform  code"  means the New York state uniform fire prevention
    29  and building code adopted pursuant to article eighteen of the  executive
    30  law.
    31    57.  "Energy  code"  means  the  New  York  state  energy conservation
    32  construction code adopted pursuant to article eleven of this chapter.
    33    58. "Electric vehicle supply equipment (EVSE)"  means  equipment  that
    34  supplies  electricity in an appropriate form to storage devices, includ-
    35  ing batteries and super capacitors, that are part of electric  vehicles.
    36  Such term shall include equipment that performs this function and equip-
    37  ment that is embedded in electric vehicles.
    38    59. "Electric vehicle" means an on-road vehicle that draws electricity
    39  for  propulsion from a traction battery with a least five kilowatt-hours
    40  (kWh) of capacity, and uses an external source of energy to recharge the
    41  battery. Such term shall  include  a  plug-in  hybrid  electric  vehicle
    42  (PHEV)  with  a  second  source  of energy for propulsion, and a battery
    43  electric vehicle (BEV), which is powered solely by  externally  supplied
    44  electricity stored on-board such electric vehicle.
    45    60.  "Commercial  clothes dryer" means a clothes dryer designed to dry
    46  fabrics in a  tumble-type  drum  with  forced  air  circulation  and  is
    47  designed for use in:
    48    (a)  Applications  in  which  the occupants of more than one household
    49  will be using the clothes dryer, including multi-family  housing  common
    50  areas and coin laundries; or
    51    (b) Other commercial applications.
    52    61. "Commercial and industrial fans and blowers" means a rotary-bladed
    53  machine  used  to  convert  power  to air power, with a brake horsepower
    54  greater than or equal to either one kilowatt or one horsepower,  and  an
    55  air  horsepower  less  than  or equal to one hundred fifty, and used for
    56  commercial and industrial purposes.

        A. 8143--A                         13
 
     1    62.  "Imaging  equipment"  means  copiers,  printers,  scanners,   fax
     2  machines, and multifunction devices used both in homes and businesses.
     3    63.  "Landscape  irrigation  controller"  means  a  device intended to
     4  remotely control valves to operate an irrigation system for  landscapes,
     5  which  may consist of grass, shrubs, trees and/or other vegetation. This
     6  term shall not include devices that are typically  sold  separately  and
     7  used  primarily for other purposes, such as a network router, and may be
     8  used incidentally for a landscape irrigation controller. This term shall
     9  not include battery powered hose-end timers or devices used primarily in
    10  agricultural applications.
    11    64. "Outdoor lighting" means electrical lighting  used  to  illuminate
    12  outdoor  areas,  including parking lots, streetlights, highways and area
    13  luminaires.
    14    65. "Plug-in luminous signs" means  a  self-contained,  luminous  sign
    15  unit  that  plugs  into 120V AC building mains power and is intended for
    16  indoor use only. Signs may be intended for use in commercial outlets  in
    17  business establishments or in residences.
    18    66. "Small network equipment" means a device whose primary function is
    19  to  pass internet protocol (IP) traffic among various network interfaces
    20  or ports intended for use in residential and small business settings.
    21    67. "Tub spout diverters" means the following definitions:
    22    (a) A bath and shower diverter whose diverter mechanism is located  in
    23  the tub spout; and/or
    24    (b) Bath and shower diverter means a device used to direct the flow of
    25  water  either  toward  a tub spout or toward a secondary outlet intended
    26  for showering purposes, including a showerhead or body spray.
    27    § 14. Section 16-104 of the energy law, as added by chapter 431 of the
    28  laws of 2005, subdivision 1 as amended by chapter 222  of  the  laws  of
    29  2010, is amended to read as follows:
    30    §  16-104.  Applicability,  conduct prohibited.   1. The provisions of
    31  this article apply to the establishment of, testing for compliance with,
    32  certification of compliance with, and enforcement of  efficiency  stand-
    33  ards for the following new products which are sold, or offered for sale,
    34  leased  or offered for lease, rented or offered for rent or installed or
    35  offered to install in New York state unless preempting federal appliance
    36  standards are in effect: (a) automatic commercial ice cube machines; (b)
    37  ceiling fan light kits;  (c)  commercial  pre-rinse  spray  valves;  (d)
    38  commercial   refrigerators,   freezers  and  refrigerator-freezers;  (e)
    39  consumer audio and video  products;  (f)  illuminated  exit  signs;  (g)
    40  incandescent  reflector  lamps;  (h) very large commercial packaged air-
    41  conditioning and heating equipment; (i) metal halide lamp fixtures;  (j)
    42  pedestrian  traffic  signal  modules;  (k) power supplies; (l) torchiere
    43  lighting fixtures;  (m)  unit  heaters;  (n)  vehicular  traffic  signal
    44  modules;  (o) portable light fixtures; (p) bottle-type water dispensers;
    45  (q) commercial hot food holding cabinets; (r)  portable  electric  spas;
    46  [and]  (s) [residential] replacement dedicated-purpose pool [pumps] pump
    47  motors; (t) air compressors; (u) air purifiers; (v) commercial dishwash-
    48  ers; (w) commercial fryers; (x) commercial steam cookers; (y)  computers
    49  and  computer monitors; (z) general service lamps; (aa) federally exempt
    50  fluorescent lamps; (bb)  portable  air  conditioners;  (cc)  residential
    51  ventilating  fans; (dd) telephones; (ee) faucets; (ff) showerheads; (gg)
    52  urinals; (hh) water closets; (ii) sprinkler bodies; (jj) uninterruptable
    53  power supplies; (kk) light emitting diode lamps; (ll)  electric  vehicle
    54  supply  equipment; (mm) commercial battery charger systems; (nn) commer-
    55  cial ovens; (oo) commercial clothes dryers; (pp) commercial  and  indus-
    56  trial  fans  and  blowers;  (qq) imaging equipment; (rr) landscape irri-

        A. 8143--A                         14
 
     1  gation controllers; (ss) outdoor lighting; (tt) plug-in luminous  signs;
     2  (uu)  small network equipment; (vv) tub spout diverters; (ww) commercial
     3  hot food holding cabinets; (xx) gas fireplaces; (yy) products for  which
     4  efficiency  standards  shall have been established pursuant to paragraph
     5  (b) or (c) of subdivision one of section 16-106  of  this  article;  and
     6  (zz)  products  that had been subject to any federal efficiency standard
     7  referred to in section 16-105 of this article that have  been  continued
     8  in this state pursuant to such section.
     9    2. No person shall sell[,] or offer for sale, lease or offer to lease,
    10  or  rent  or  offer  to rent, or install or offer to install in New York
    11  state any new product of the types enumerated in paragraphs (a)  through
    12  (xx)  of  subdivision one of this section, or any [of the] new [products
    13  identified] product for  which  efficiency  standards  shall  have  been
    14  established  pursuant  to paragraph (b) or (c) of subdivision [four] one
    15  of section 16-106 of this article, [unless: (a) the product meets  mini-
    16  mum  energy  performance standards adopted pursuant to this article upon
    17  the effective date of such standards; and, if  required  by  regulations
    18  promulgated] or any new product that is subject to any federal efficien-
    19  cy  standard  that  shall  have been continued in this state pursuant to
    20  [this] section[, (b) the manufacturer of such product certifies that the
    21  product meets said minimum energy performance standards.] 16-105 of this
    22  article, unless:
    23    (a) it meets the efficiency standards applicable to such product as of
    24  the date of manufacture of such product or as of such other date as  may
    25  be  determined in accordance with the regulation establishing the stand-
    26  ard for such product; and
    27    (b) if required by regulations adopted pursuant to this  article,  the
    28  manufacturer of such product certifies that the product meets said effi-
    29  ciency  standards. As used within this subdivision, reference to any new
    30  product means any individual product subject to the requirements of this
    31  article.
    32    3. The prohibitions contained in [subdivisions  one  and]  subdivision
    33  two of this section shall not apply to:
    34    (a) products manufactured in the state and sold outside the state;
    35    (b)  products  manufactured  outside  the  state and sold at wholesale
    36  inside the state for final retail sale outside the state;
    37    (c) products installed in [mobile] manufactured homes at the  time  of
    38  construction; [or]
    39    (d)  products  designed  expressly  for installation and use in recre-
    40  ational vehicles; or
    41    (e) urinals and water closets designed and  marketed  exclusively  for
    42  use at prisons or mental health care facilities.
    43    4.  The  adoption of efficiency standards for any water-related appli-
    44  ances, equipment or fixtures shall be subject to approval by the commis-
    45  sioner of environmental conservation.  Any  such  standard  which  would
    46  conflict  with  the  provisions  of section 15-0314 of the environmental
    47  conservation law shall not take effect until and unless  waived  by  the
    48  commissioner of environmental conservation.
    49    5.  In  adopting the flexible demand appliance standards, the New York
    50  state energy research  and  development  authority  shall  consider  the
    51  National  Institute of Standards and Technology reliability and cyberse-
    52  curity protocols, relevant New York cybersecurity laws, regulations, and
    53  advisories, or other cybersecurity protocols that are  equally  or  more
    54  protective,  and  shall adopt, at a minimum, the North American Electric
    55  Reliability Corporation's Critical Infrastructure Protection standards.

        A. 8143--A                         15
 
     1    § 15. The energy law is amended by adding a new section 16-105 to read
     2  as follows:
     3    §  16-105.  Adoption  of  certain federal efficiency standards. 1. The
     4  federal efficiency standard established in 10CFR Parts 430 and  431,  as
     5  in effect on January first, two thousand eighteen shall be applicable to
     6  products  which  are  subject  to  such federal efficiency standards and
     7  which are sold, offered for sale, or installed in  New  York  state.  So
     8  long  as  such  federal efficiency standards remain in effect as federal
     9  efficiency standards, they shall be enforced as provided by federal law.
    10  The president shall adopt by  regulation  all  such  federal  efficiency
    11  standards  and provided that, if any such federal efficiency standard is
    12  withdrawn, repealed, voided, or otherwise ceases to remain in effect  as
    13  a federal efficiency standard:
    14    (a) such efficiency standard shall be continued in this state;
    15    (b) until and unless amended or repealed pursuant to this article, the
    16  president  shall  be authorized to adopt regulations establishing proce-
    17  dures for testing the energy reduction, greenhouse gas reduction, and/or
    18  increased demand flexibility associated with such product;
    19    (c) the president shall be authorized to adopt regulations  establish-
    20  ing  procedures  for  manufacturers of such product to certify that such
    21  product meets such efficiency standard, if the president determines that
    22  such manufacturer's certifications should be required;
    23    (d) the president shall be authorized to  adopt  regulations  amending
    24  such  efficiency  standard from time to time, including regulations that
    25  repeal such efficiency standard, or  increase  the  stringency  of  such
    26  efficiency standard; and
    27    (e)  if  federal preemption has been waived for any particular federal
    28  efficiency standard or standards, the president may adopt such  standard
    29  or may adopt a different standard.
    30    2.    This  section shall not apply to any federal efficiency standard
    31  set aside by a court upon the petition of a person who will be adversely
    32  affected, as provided in 42 U.S.C. § 6306(b).
    33    § 16. Section 16-106 of the energy law, as added by chapter 431 of the
    34  laws of 2005, paragraph (c) of subdivision 2 as added by chapter 222  of
    35  the  laws of 2010 and subdivision 4 as amended by chapter 69 of the laws
    36  of 2020, is amended to read as follows:
    37    § 16-106. [Administration of article] Powers and duties of the  presi-
    38  dent  and  the  secretary.  1. The [secretary, in consultation with the]
    39  president[,] in consultation with the secretary shall have and be  enti-
    40  tled to exercise the following powers and duties:
    41    (a)  To  [establish  energy] adopt regulations establishing efficiency
    42  [performance] standards  for  the  products  listed  in  paragraphs  (a)
    43  through  (xx)  of  subdivision  one  of  section 16-104 of this article,
    44  including but not limited to, establishing [energy] efficiency [perform-
    45  ance] standards for power supplies in the active mode and  no-load  mode
    46  or  other such products while in the active mode and in the standby-pas-
    47  sive-mode[.
    48    (b) To promulgate regulations to achieve the purposes of this  article
    49  provided  however  that  no energy efficiency performance standard shall
    50  become effective for a product less than one hundred eighty  days  after
    51  it  shall  become  final,  provided,  however,  that no standard adopted
    52  pursuant to this article shall go  into  effect  if  federal  government
    53  energy  efficiency  performance standards regarding such product preempt
    54  state standards unless preemption has been waived  pursuant  to  federal
    55  law;

        A. 8143--A                         16

     1    (c)  To  administer and enforce the provisions of this article and any
     2  rule or regulation promulgated thereunder or order issued pursuant ther-
     3  eto;
     4    (d)  To order, pursuant to section 16-104 of this article, the immedi-
     5  ate cessation of any distribution, sale or offer  for  sale,  import  or
     6  installation  of  any  product  for which the secretary, in consultation
     7  with the president, determines that the certification  of  such  product
     8  listed in subdivision one of section 16-104 of this article was achieved
     9  in violation of section 16-108 of this article];
    10    (b)   To  adopt  regulations  establishing  efficiency  standards  for
    11  products not specifically listed  in  paragraphs  (a)  through  (xx)  of
    12  subdivision  one  of  section  16-104 of this article, provided that the
    13  president determines that establishing such efficiency  standards  would
    14  serve  to  promote  energy  reduction,  greenhouse gas reduction, and/or
    15  increased demand flexibility associated with the regulated product cate-
    16  gories in this state.   To the maximum  extent  feasible  the  president
    17  shall coordinate any such adoption with similar efforts by other states.
    18  Any regulation adopted pursuant to this paragraph may include provisions
    19  establishing  procedures  for  testing  the  efficiency  of  the covered
    20  products and provisions establishing  procedures  for  manufacturers  of
    21  such  product  to  certify that such products meet the efficiency stand-
    22  ards, if the  president  determines  that  such  manufacturer's  certif-
    23  ications should be required;
    24    (c)  To  review  efficiency  standards as adopted from time to time by
    25  other states for products not listed in paragraphs (a) through  (xx)  of
    26  subdivision  one  of  section 16-104 of this article, and to adopt regu-
    27  lations establishing efficiency standards similar to  those  adopted  by
    28  any  other  state  for such products, provided that the president deter-
    29  mines that establishing such efficiency standards would serve to promote
    30  energy reduction, greenhouse  gas  reduction,  and/or  increased  demand
    31  flexibility  associated  with  the  regulated product categories in this
    32  state. Any regulation adopted pursuant to  this  paragraph  may  include
    33  provisions  establishing  procedures  for  testing the efficiency of the
    34  covered products and provisions establishing procedures for  manufactur-
    35  ers  of  such  product to certify that such products meet the efficiency
    36  standards, if the president determines that such manufacturer's  certif-
    37  ications should be required;
    38    (d) To adopt regulations to achieve the purposes of this article. Such
    39  regulations  shall ensure that compliance therewith will not result in a
    40  net increase in co-pollutant emissions or  otherwise  disproportionately
    41  burden  disadvantaged  communities  as identified by the climate justice
    42  working group established under section  75-0111  of  the  environmental
    43  conservation  law. In order to increase public participation and improve
    44  the efficacy of any efficiency standards adopted pursuant to subdivision
    45  (b) or (c) of this section, the president shall, before publication of a
    46  notice of proposed rule making, conduct public meetings to provide mean-
    47  ingful opportunities for public comment from all segments of  the  popu-
    48  lation that would be impacted by the standards or regulations, including
    49  persons living in disadvantaged communities as identified by the climate
    50  justice  working group established under section 75-0111 of the environ-
    51  mental conservation law;
    52    (e) To conduct investigations, test, and obtain data with  respect  to
    53  research  experiments and demonstrations, and to collect and disseminate
    54  information regarding the purposes to be achieved pursuant to this arti-
    55  cle;

        A. 8143--A                         17
 
     1    (f) To accept grants or  funds  for  purposes  of  administration  and
     2  enforcement  of this article. Notwithstanding any other provision of law
     3  to the contrary, the president is hereby authorized to accept grants  or
     4  funds,  including  funds  directed  through  negotiated  settlements  or
     5  consent  orders  pursuant  to  this article.   All funds accepted by the
     6  president for the purposes of this article shall  be  deposited  in  the
     7  efficiency  standards administration account established by the New York
     8  state energy research and development  authority  and  maintained  in  a
     9  segregated  account  in  the custody of the commissioner of taxation and
    10  finance. All expenditures from the efficiency  standards  administration
    11  account  pursuant  to  this  article shall be made by the New York state
    12  energy research and development authority to carry out studies, investi-
    13  gations, research, expenses to provide for expert  witness,  consultant,
    14  enforcement,  administrative  and legal fees, including disbursements to
    15  the department of state to support enforcement activities authorized  by
    16  the  secretary  pursuant  to  this  section,  and other related expenses
    17  pursuant to this article. All deposits made to the efficiency  standards
    18  administration  account  made  by the New York state energy research and
    19  development authority, all funds maintained in the efficiency  standards
    20  administration  account,  and  disbursements therefrom, made pursuant to
    21  this article shall be subject to an annual independent audit as part  of
    22  such  authority's audited financial statements, and such authority shall
    23  prepare an annual report summarizing efficiency standards administration
    24  account balance and activities for each fiscal year ending  March  thir-
    25  ty-first.   In addition to submitting such report as provided in section
    26  one thousand eight hundred sixty-seven of the  public  authorities  law,
    27  the  authority  shall provide such report to the secretary no later than
    28  ninety days after commencement of such fiscal year;
    29    (g) [To  impose  a  fine  and/or  impose  injunctive  relief  for  any
    30  violation of this article after notice and an opportunity to be heard;
    31    (h) The secretary and the president shall consult with the appropriate
    32  federal  agencies, including, but not limited to, the federal department
    33  of energy, industry and other potentially affected parties  in  carrying
    34  out  the  provisions  of  this  article] To consult with the appropriate
    35  federal agencies, including, but not limited to, the federal  department
    36  of  energy  and  other  potentially affected parties in carrying out the
    37  provisions of this article; and
    38    (h) To conduct investigations, in consultation with the secretary,  to
    39  determine  if  products  covered  by  standards adopted pursuant to this
    40  article comply with such standards; to conduct  tests  to  determine  if
    41  products  covered  by  standards adopted pursuant to this article comply
    42  with such standards; to prepare written reports of the results  of  such
    43  investigations  and  tests; to provide such reports to the secretary; in
    44  consultation with the secretary, to negotiate settlement agreements with
    45  any person that violates the provisions of subdivision  two  of  section
    46  16-104  of  this  article,  or fails to perform any duty imposed by this
    47  article, or violates or fails  to  comply  with  any  rule,  regulation,
    48  determination, or order adopted, made, or issued by the president or the
    49  secretary  pursuant to this article, pursuant to which such person shall
    50  agree to cease such violation and to pay such civil penalty  as  may  be
    51  specified  in  such  agreement,  the terms of which will be incorporated
    52  into a consent order signed by  such  person,  the  president,  and  the
    53  secretary;  to  consult  with  the secretary in connection with determi-
    54  nations made by the secretary pursuant to paragraph (b)  of  subdivision
    55  five of this section; and to cooperate with the secretary in enforcement
    56  proceedings conducted by the secretary pursuant to this article.

        A. 8143--A                         18
 
     1    1-a. Notwithstanding any other provision of this article, no efficien-
     2  cy standard adopted pursuant to paragraph (a) of subdivision one of this
     3  section  shall  become effective less than one hundred eighty days after
     4  publication of the notice of adoption of  such  standard  in  the  state
     5  register;  no  efficiency  standard adopted pursuant to paragraph (b) or
     6  (c) of subdivision one of this section shall become effective less  than
     7  one  year after publication of the notice of adoption of such efficiency
     8  standard in the state register; no amendment of any efficiency  standard
     9  adopted pursuant to this article or of any efficiency standard continued
    10  in  this  state  pursuant to section 16-105 of this article shall become
    11  effective less than one hundred eighty days  after  publication  of  the
    12  notice  of  adoption of such amendment in the state register; and no new
    13  or amended efficiency standard adopted pursuant to this article shall go
    14  into effect if federal government efficiency  standards  regarding  such
    15  product preempt state standards unless preemption has been waived pursu-
    16  ant to federal law.
    17    2. (a) On or before [June thirtieth] January first, two thousand [six]
    18  twenty-three,  the  [secretary,  in consultation with the] president, in
    19  consultation with the secretary, shall adopt regulations  in  accordance
    20  with the provisions of this article establishing:
    21    (i)  [energy]  efficiency  [performance] standards for new products of
    22  the types [set forth] referred to in paragraphs (a) through  [(n)]  (f),
    23  paragraphs  (h) through (y), paragraphs (aa) through (jj) and paragraphs
    24  (mm) through (xx) of subdivision one of section 16-104 of this article[,
    25  with  the  exception  of  such  paragraph  (g)  (incandescent  reflector
    26  lamps)];
    27    (ii)  procedures  for  testing  the  [energy]  efficiency  of  the new
    28  products [covered by] of the types referred to in paragraphs (a) through
    29  [(n)] (f) and paragraphs (h) through (xx) of subdivision one of  section
    30  16-104 of this article;
    31    (iii)  procedures  for  manufacturers  to  certify  that  new products
    32  [covered under] of the types referred to in paragraphs (a)  through  (f)
    33  and  paragraphs (h) through (xx) of subdivision one of section 16-104 of
    34  this article meet the [energy] efficiency standards to  be  [promulgated
    35  under  this  article] adopted pursuant to this article, if the president
    36  determines that such manufacturer's certifications should  be  required;
    37  and
    38    (iv) such further matters as are necessary to insure the proper imple-
    39  mentation and enforcement of the provisions of this article.
    40    (b) With respect to [incandescent reflector lamps, included] the types
    41  of  products  referred  to  in [paragraph] paragraph (g), (z) or (kk) of
    42  subdivision one of section 16-104 of this article (incandescent  reflec-
    43  tor  lamps,  general service lamps, and light emitting diode lamps), the
    44  [secretary, in consultation with the] president[,] shall conduct a study
    45  by December thirty-first, two thousand twenty-three to determine whether
    46  an  [energy]  efficiency  [performance]  standard  for  such   [product]
    47  products  should  be  established, taking into account factors including
    48  the potential impact on  electricity  usage,  product  availability  and
    49  consumer and environmental benefits. If [it is determined] the president
    50  determines  based on this study that such a standard would reduce energy
    51  use and would not be preempted by the federal law,  the  [secretary,  in
    52  consultation  with  the] president[,] shall adopt regulations in accord-
    53  ance with the provisions of this article establishing  [energy  perform-
    54  ance] efficiency standards for such [product on or before January first,
    55  two thousand eight] products.

        A. 8143--A                         19

     1    3. Subsequent to adopting regulations pursuant to subdivisions one and
     2  two  of  this  section, the [secretary, in consultation with the] presi-
     3  dent, in consultation with the secretary, may  amend  such  regulations,
     4  including increasing the stringency of the [energy] efficiency [perform-
     5  ance] standards[, provided however that no energy efficiency performance
     6  standard  shall  become  effective  for  a product less than one hundred
     7  eighty days after it shall become final].
     8    4. By March fifteenth of two thousand twenty-one,  the  secretary  and
     9  the president shall produce a report to the governor, the speaker of the
    10  assembly, the temporary president of the senate, the chair of the assem-
    11  bly  committee on energy and the chair of the senate committee on energy
    12  and telecommunications on the status of regulations establishing  [ener-
    13  gy]  efficiency  [performance] standards pursuant to this article, which
    14  shall indicate for each product enumerated in subdivision one of section
    15  16-104 of this article the status of the implementation of [performance]
    16  efficiency standards. The report shall  also  set  forth  the  estimated
    17  potential  annual  reductions  in  energy use and potential utility bill
    18  savings resulting from adopted [performance]  efficiency  standards  for
    19  the  years two thousand twenty-five and two thousand thirty-five and the
    20  potential cumulative reductions in energy use through the year two thou-
    21  sand thirty-five. Such report shall be updated in  the  same  manner  by
    22  March  fifteenth, two thousand twenty-six and two thousand thirty and [a
    23  copy] copies of such updates shall be posted  by  March  fifteenth,  two
    24  thousand  twenty-seven  and  March fifteenth, two thousand thirty on the
    25  websites of the authority and the department of state.
    26    5. (a) In addition to all other powers  and  authority  given  to  the
    27  secretary  by  this article, the secretary shall have and be entitled to
    28  exercise the following powers and duties:
    29    (i) To request the president to conduct investigations to determine if
    30  products covered by efficiency standards adopted pursuant to this  arti-
    31  cle comply with such efficiency standards; to consult with the president
    32  in  connection  with the president's performance of such investigations;
    33  to request the president to  conduct  tests  to  determine  if  products
    34  covered  by efficiency standards adopted pursuant to this article comply
    35  with such efficiency standards; and to request the  president's  cooper-
    36  ation in connection with enforcement proceedings conducted by the secre-
    37  tary pursuant to this article;
    38    (ii)  To  order  the  immediate cessation of any distribution, sale or
    39  offer for sale, lease or offer to lease, rent or offer to rent,  import,
    40  or  offer  to  import,  or  installation or offer of installation of any
    41  product listed in paragraphs (a) through  (xx)  of  subdivision  one  of
    42  section  16-104  of this article, or of any product for which efficiency
    43  standards shall have been established pursuant to paragraph (b)  or  (c)
    44  of  subdivision one of this section, or any product that is subject to a
    45  federal efficiency standard that shall have been continued in this state
    46  pursuant to section 16-105 of this article, if the secretary, in consul-
    47  tation with the president, determines that such product  does  not  meet
    48  the  applicable  efficiency standard or if such product does not satisfy
    49  the  testing  procedures  or  manufacturer's  certification   procedures
    50  adopted pursuant to the regulations authorized by this article;
    51    (iii)  To  accept  grants  or funds for purposes of administration and
    52  enforcement of this article;
    53    (iv) To impose, after notice and an opportunity  to  be  heard,  civil
    54  penalties  and/or injunctive relief for any violation of this article or
    55  any regulation adopted pursuant to this article. Any penalties collected
    56  by the secretary under this section  shall  be  placed  in  the  account

        A. 8143--A                         20
 
     1  established  under  section  ninety-seven-www  of the state finance law,
     2  relating to the consumer protection account; and
     3    (v)  To  adopt  such  rules  and regulations as the secretary may deem
     4  necessary or appropriate for the purpose of carrying out the powers  and
     5  duties granted to the secretary by this article.
     6    (b) The secretary may exercise the powers and authority granted to the
     7  secretary  by  this subdivision, or by any other provision of this arti-
     8  cle, through the consumer protection division established by the  secre-
     9  tary  pursuant  to section ninety-four-a of the executive law or through
    10  such other divisions, officers, or employees of the department of  state
    11  as the secretary may designate from time to time.
    12    § 17. The energy law is amended by adding a new section 16-107 to read
    13  as follows:
    14    §  16-107. Subpoenas, information and document production, enforcement
    15  procedures, referrals.  1. (a) In addition to all other powers  provided
    16  by  this  article,  the  secretary or his or her designee shall have the
    17  power and authority to subpoena and require the attendance of  witnesses
    18  and  the  production of books, papers, contracts and any other documents
    19  pertaining to any investigation or hearing conducted  pursuant  to  this
    20  article. The secretary may issue such subpoenas on his or her own initi-
    21  ative or at the request of the president.
    22    (b)  If any person refuses to comply with a subpoena issued under this
    23  section, the department may petition a court of  competent  jurisdiction
    24  to enforce the subpoena and such sanctions as the court may direct.
    25    (c) A subpoena issued under this subdivision shall be regulated by the
    26  civil  practice  law and rules, and is in addition to and not in limita-
    27  tion of the power to make information and document requests under subdi-
    28  vision two of this section.
    29    2. Any person that sells or offers for  sale,  leases  or  offers  for
    30  lease, rents or offers for rent, or installs or offers to install, manu-
    31  factures  or tests in New York state any new product of a type listed in
    32  paragraphs (a) through (xx) of subdivision one of section 16-104 of this
    33  article, or any new product for which efficiency  standards  shall  have
    34  been  established pursuant to paragraph (b) or (c) of subdivision one of
    35  section 16-106 of this article, or any product that is subject to feder-
    36  al efficiency standards that shall have been  continued  in  this  state
    37  pursuant  to  section  16-105  of this article, shall be obliged, on the
    38  request of the secretary or his or her designee, or the request  of  the
    39  president  or  his  or  her designee, to supply the secretary and/or the
    40  president with such information and documentation  as  may  be  required
    41  concerning such person's business, business practices, or business meth-
    42  ods,   or  proposed  business  practices  or  methods.  The  obligations
    43  contained in this subdivision shall not apply to any person  that  sells
    44  or  offers  for  sale,  leases  or offers for lease, rents or offers for
    45  rent, or installs or offers to install only products described in subdi-
    46  vision three of section 16-104 of this article. The power to make infor-
    47  mation and document requests is in addition to and not in limitation  of
    48  the power to issue subpoenas.
    49    3. The secretary shall, before ordering the immediate cessation of any
    50  distribution,  sale  or offer for sale, lease or offer to lease, rent or
    51  offer to rent, import or offer to import, or installation  or  offer  of
    52  installation  of  any product, or imposing any civil penalty, injunctive
    53  relief, or other relief pursuant to this article upon any person who  is
    54  alleged  to  be  in violation of any provision of this article or of any
    55  regulation adopted pursuant to this article, and at least ten days prior
    56  to the date set for the hearing, notify in writing and shall afford such

        A. 8143--A                         21
 
     1  person an opportunity to be heard in person or by counsel  in  reference
     2  thereto.  Such  written  notice  may  be  served  by  delivery  of  same
     3  personally, or by mailing same by certified mail to the last known busi-
     4  ness  address  of  such person, or by any method authorized by the civil
     5  practice law and rules. The hearing on such charges  shall  be  at  such
     6  time  and  place  as  the department of state shall prescribe. A hearing
     7  held by this subdivision shall be held pursuant to the state administra-
     8  tive procedure act, and any applicable regulations adopted by the secre-
     9  tary.
    10    4. A final action of the secretary in imposing  a  civil  penalty,  or
    11  other  order,  may be subject to review by a proceeding instituted under
    12  article seventy-eight of  the  civil  practice  law  and  rules  at  the
    13  instance  of  the person aggrieved. Final actions that may be subject to
    14  judicial review under article seventy-eight of the  civil  practice  law
    15  and rules include:
    16    (a)  a determination that a person is in violation of any provision of
    17  this article or of any regulation adopted under this article;
    18    (b) an order directing the immediate cessation of the  sale  or  offer
    19  for  sale,  installation  or  offer to install, lease or offer to lease,
    20  rent or offer to rent,  or  import  any  product  in  violation  of  any
    21  provision  of this article or of any regulation adopted under this arti-
    22  cle;
    23    (c) an order granting or imposing any other type of injunctive relief;
    24  and
    25    (d) the imposition of a civil penalty, excluding  any  consent  order,
    26  any  determination  made in a consent order and any civil penalty and/or
    27  injunctive relief imposed by a consent order.
    28    5. In addition to all other  powers  provided  by  this  article,  the
    29  secretary and the president, are authorized, individually or jointly, to
    30  refer the results of any investigation conducted by the president pursu-
    31  ant  to this article to the attorney general and to request the attorney
    32  general to institute, in the name of the secretary and/or the president,
    33  an action or proceeding to enforce the provisions of this  article.  The
    34  attorney general shall, at the request of the secretary or president, or
    35  may,  on his or her own initiative, institute proceedings to enforce the
    36  provisions of this article including the imposition of  civil  penalties
    37  or injunctive relief.  Nothing in this subdivision shall limit or impair
    38  the  power  and  authority  of  the  secretary  to  conduct  enforcement
    39  proceedings, to issue orders pursuant to paragraph  (b)  of  subdivision
    40  five of section 16-106 of this article, and to impose penalties pursuant
    41  to section 16-108 of this article.
    42    § 18. Section 16-108 of the energy law, as added by chapter 431 of the
    43  laws of 2005, is amended to read as follows:
    44    § 16-108. Violations, civil liability.  1. Any person who issues:
    45    (a)  a  certification  that a product listed in paragraphs (a) through
    46  (xx) of subdivision one of section 16-104 of this article complies  with
    47  the  [energy]  efficiency  standards  for such product established by or
    48  pursuant to this article[,];
    49    (b) a certification that  a  product  not  listed  in  paragraphs  (a)
    50  through  (xx)  of  subdivision  one  of  section  16-104 of this article
    51  complies with efficiency standards for such product established pursuant
    52  to paragraph (b) or (c) of subdivision one of  section  16-104  of  this
    53  article; or
    54    (c)  a  certification  that a product that is subject to federal effi-
    55  ciency standards that shall have been continued in this  state  pursuant
    56  to  section  16-105 of this article complies with such efficiency stand-

        A. 8143--A                         22
 
     1  ards, knowing that such product does not comply with [those] such  effi-
     2  ciency  standards,  shall be liable for a civil penalty of not more than
     3  ten thousand dollars for each such product certified and  an  additional
     4  penalty  of not more than ten thousand dollars for each day during which
     5  such violation continues.
     6    2. Any person who  violates  the  provisions  of  subdivision  two  of
     7  section  16-104  of  this  article,  or  [who] fails to perform any duty
     8  imposed by this article, or [who] violates or fails to comply  with  any
     9  rule,  regulation, determination, or order [of] adopted, made, or issued
    10  by the president or the secretary [of  state  promulgated]  pursuant  to
    11  this  article, shall be liable for a civil penalty of not more than five
    12  hundred dollars for each such violation and an additional civil  penalty
    13  of  not  more  than  one  hundred dollars for each day during which such
    14  violation continues, and,  in  addition  thereto,  such  person  may  be
    15  enjoined from continuing such violation.
    16    3.  [The secretary may cause an investigation to be made of complaints
    17  received concerning violations of this article and may refer the results
    18  of such investigations to the attorney  general.  The  attorney  general
    19  shall,  at  the request of the secretary, or may, on his own initiative,
    20  institute proceedings to enforce the provisions of this article.
    21    4.] An action or cause of action for the recovery of a  penalty  under
    22  this  section  may be settled or compromised in an amount to be approved
    23  by the secretary either before  or  after  proceedings  are  brought  to
    24  recover such penalties and prior to the entry for judgment therefor.
    25    § 19. The energy law is amended by adding a new section 16-109 to read
    26  as follows:
    27    §  16-109.  Conflicts  with other laws.  Nothing in this article or in
    28  any regulation adopted pursuant to this article shall limit, impair,  or
    29  supersede  the  provisions  of  subdivision one of section three hundred
    30  eighty-three of the executive law or the provisions of subdivision three
    31  of section 11-103 of this chapter.
    32    § 20. Subparagraphs 14 and 15 of paragraph (a)  of  subdivision  3  of
    33  section  94-a  of the executive law, as added by section 21 of part A of
    34  chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
    35  added to read as follows:
    36    (14) cooperate with and assist consumers in class  actions  in  proper
    37  cases; [and]
    38    (15)  create  an internet website or webpage pursuant to section three
    39  hundred ninety-c of the general business law[.],  as  added  by  chapter
    40  five hundred nine of the laws of two thousand seven; and
    41    (16) exercise such powers and duties granted to the secretary by arti-
    42  cle  sixteen  of  the energy law as the secretary may direct, including,
    43  but not limited to: consult with such president of the  New  York  state
    44  energy  research  and  development authority in connection with investi-
    45  gations conducted by such president pursuant to article sixteen  of  the
    46  energy  law; make determinations relating to compliance by products with
    47  the standards adopted pursuant to article sixteen  of  the  energy  law;
    48  order  the  immediate  cessation  of any distribution, sale or offer for
    49  sale, import, or installation of any product that  does  not  meet  such
    50  standards; and impose civil penalties as contemplated by article sixteen
    51  of the energy law.
    52    §  21.  Subdivision 3 of section 374 of the executive law, as added by
    53  chapter 707 of the laws of 1981, is amended to read as follows:
    54    3. The council shall meet at least quarterly at the call of the chair-
    55  man. Additional meetings may be called upon at least five  [days]  days'
    56  notice by the chairman or by petition of five members of the council.

        A. 8143--A                         23
 
     1    §  22.  Subdivision  2  of section 97-www of the state finance law, as
     2  amended by section 53 of part A of chapter 62 of the laws  of  2011,  is
     3  amended to read as follows:
     4    2. Such account shall consist of all penalties received by the depart-
     5  ment  of  state  pursuant  to section three hundred ninety-nine-z of the
     6  general business law, section 16-106 of the energy  law  and  any  addi-
     7  tional  monies  appropriated, credited or transferred to such account by
     8  the Legislature. Any interest earned by the investment of monies in such
     9  account shall be added to such account, become part of such account, and
    10  be used for the purposes of such account.
    11    § 23. A building code or other requirement applicable to commercial or
    12  residential buildings or construction may not  prohibit  the  use  of  a
    13  substance  authorized  pursuant  to  42  U.S.C.  767lk. Substances under
    14  review but not yet listed by the United States Environmental  Protection
    15  Agency  pursuant to 42 U.S.C. 767lk may be allowed for use provided that
    16  such substance has a lower global  warming  potential  than  alternative
    17  substances  and  the  refrigeration  or air conditioning system or other
    18  equipment or products utilizing such substance are designed,  installed,
    19  and  used  in  accordance with nationally recognized published standards
    20  that protect building occupant safety and reduce fire risks and, if such
    21  substance contains any perfluoroalkyl  and  polyfluoroalkyl  substances,
    22  has  not been determined by the department of environmental conservation
    23  to require additional study to determine the extent of any environmental
    24  and/or health impacts that may result from such use.
    25    § 24. This act shall take effect immediately; provided, however,  that
    26  sections  six  through twenty-three of this act shall take effect on the
    27  one hundred eightieth day after it shall have become  a  law;  provided,
    28  however,  that  the amendments to subdivision 4 of section 16-106 of the
    29  energy law made by section sixteen of this  act  shall  not  affect  the
    30  repeal  of  such  subdivision  and  shall  be deemed repealed therewith.
    31  Effective immediately, the addition, amendment,  and/or  repeal  of  any
    32  rule  or  regulation necessary for the timely implementation of this act
    33  on or before its effective date are hereby authorized  to  be  made  and
    34  completed on or before such effective date.
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