Bill Text: NY A06068 | 2019-2020 | General Assembly | Introduced


Bill Title: Reestablishes the state energy office to administer the provisions of the energy law, and transfers the powers and duties of the New York state energy research and development authority and the president thereof pursuant to the energy law to the state energy office and the commissioner thereof.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2020-01-08 - referred to energy [A06068 Detail]

Download: New_York-2019-A06068-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          6068
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 26, 2019
                                       ___________
        Introduced  by M. of A. ENGLEBRIGHT, GALEF, COLTON -- Multi-Sponsored by
          -- M. of A.  COOK -- read once and referred to the Committee on Energy
        AN ACT to amend the energy law, the  executive  law,  the  environmental
          conservation  law,  the  general  business  law,  the  private housing
          finance law and the public authorities law, in relation to  establish-
          ing the state energy office and transferring certain functions, powers
          and  duties  of  the  New  York  state energy research and development
          authority to such office; and to  repeal  certain  provisions  of  the
          energy  law  and  the  public authorities law relating to the New York
          state energy research and development authority
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. Subdivisions 2 and 4 of section 1-103 of the energy law, as
     2  amended  by  chapter  83  of  the  laws  of 1995, are amended to read as
     3  follows:
     4    2. "Office" [as used in sections 5-108, 5-111,  5-113,  and  5-117  of
     5  article  five  and  articles  six, seven, eight and ten of this chapter]
     6  shall mean the [New York state energy research and development authority
     7  established pursuant to article eight of  the  public  authorities  law]
     8  state  energy  office  established  pursuant  to  article  five  of this
     9  chapter.
    10    4. "Commissioner" [as used in sections 5-108, 5-111, 5-113, and  5-117
    11  of  article five and articles six, seven, eight and ten of this chapter]
    12  shall mean the [president of the New  York  state  energy  research  and
    13  development authority] commissioner of the state energy office appointed
    14  by the governor pursuant to article five of this chapter.
    15    §  2.  The  energy  law is amended by adding seven new sections 5-101,
    16  5-103, 5-105, 5-107, 5-109, 5-115 and 5-123 to read as follows:
    17    § 5-101. State energy office; creation. 1. There is hereby established
    18  in the executive department a state  energy  office,  with  the  powers,
    19  duties and purposes set forth in this article.
    20    2.  The  governor shall appoint a commissioner by and with the consent
    21  of the senate, who shall be the chief executive officer of  the  office,
    22  and  who  shall hold office at the pleasure of the governor. The commis-
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09877-01-9

        A. 6068                             2
     1  sioner shall receive a salary to be fixed by  the  governor  within  the
     2  amount  appropriated  therefor.  He or she shall also receive his or her
     3  reasonable expenses in connection with the performance  of  his  or  her
     4  duties, within the amount available therefor by appropriation.
     5    3. The commissioner may appoint such other officers, employees, agents
     6  and  consultants  as may be deemed necessary, prescribe their duties and
     7  fix their compensation within the amounts  made  available  therefor  by
     8  appropriation.
     9    4.  The  principal  office  of the state energy office shall be in the
    10  county of Albany.
    11    5. Consistent with the provisions of this chapter,  the  office  shall
    12  have  jurisdiction  over  all  persons,  and the officers, directors and
    13  employees thereof, engaged in the exploration, manufacture,  processing,
    14  sale,  distribution,  transportation, refining, generation and supply of
    15  energy and energy resources in this state.
    16    § 5-103. Organization of office. The commissioner may,  from  time  to
    17  time,  create,  abolish,  transfer  and  consolidate divisions, bureaus,
    18  boards, commissions and other units within the office as he or  she  may
    19  determine  necessary  for the efficient operation of the office, subject
    20  to the approval of the director of the budget.
    21    § 5-105. General functions and powers. The office, acting through  the
    22  commissioner, shall have the following functions and powers to carry out
    23  the purposes of this chapter:
    24    1. To advise and assist the governor and the legislature in the devel-
    25  opment and implementation of state policies relating to energy and ener-
    26  gy resources.
    27    2.  To promulgate, issue, amend, rescind, revoke or waive orders, and,
    28  after public hearings, promulgate rules and  regulations  to  effectuate
    29  the purposes and provisions of this chapter.
    30    3.  To  classify  persons  and  matters within the jurisdiction of the
    31  office and prescribe different requirements  for  different  classes  of
    32  persons or matters.
    33    4.  To  require  persons  subject to the jurisdiction of the office to
    34  maintain or file general, special and annual reports, contracts,  state-
    35  ments, including but not limited to statements of ownership, accounting,
    36  auditing  and  operations,  engineering  reports,  and other data as the
    37  commissioner deems appropriate; provided, however, wherever practicable,
    38  forms required to be submitted to federal or  state  agencies  shall  be
    39  sufficient to meet the requirements of this subdivision.
    40    5.  To  designate employees who shall be empowered to administer oaths
    41  in all parts of the state to persons summoned to testify in any inquiry,
    42  investigation, hearing or proceeding.
    43    6. To designate employees of the office  who  shall  be  empowered  to
    44  enter  in  or  upon  and  to inspect the property, equipment, buildings,
    45  plants, factories and offices, in relation to energy or energy resources
    46  of any person subject to the jurisdiction of the office.
    47    7. To designate employees who shall be empowered to examine all books,
    48  contracts, records, documents and papers, in relation to energy or ener-
    49  gy resources of any person subject to the jurisdiction of the office.
    50    8. To designate employees who shall be empowered to issue subpoenas to
    51  compel the attendance of witnesses and subpoenas duces tecum  to  compel
    52  from  any  person the production of books, contracts, records, documents
    53  or papers relating to energy or energy resources.
    54    9. To require and receive from any agency of the state  or  any  poli-
    55  tical subdivision thereof assistance and data.

        A. 6068                             3
     1    10.  To enter into cooperative arrangements with agencies of the state
     2  or political subdivisions thereof, each of which shall be authorized  to
     3  enter into such cooperative arrangements.
     4    11.  To  act  alone,  or  in conjunction with another state agency, as
     5  agent for, or enter into contracts  and  otherwise  cooperate  with  the
     6  federal  government, and to receive grants or advances of funds from the
     7  federal government for projects within the jurisdiction of the office.
     8    12. To assist the attorney general and the  commissioner  of  taxation
     9  and  finance  in  protecting  consumers from abuses in the distribution,
    10  sale, handling or transport  of  energy,  energy  resources  and  energy
    11  related devices, installations, and technologies, including the charging
    12  of  any  illegal  price  or the violation of any state or federal law or
    13  regulation.
    14    13. To enter into  contracts  with  any  person  for  the  conduct  of
    15  research  or  the  rendering  of other services, including the hiring of
    16  experts and consultants.
    17    14. To apply for and accept grants and contributions.
    18    15. To hold public hearings when deemed appropriate.
    19    16. To conduct economic, sociological and other  studies  relating  to
    20  all  aspects  of  energy  and  energy  resources use, supply, demand and
    21  distribution.
    22    17. To cooperate with and supplement the work of the  New  York  state
    23  energy  research  and  development  authority,  and undertake studies in
    24  energy and energy related areas.
    25    18. To appoint advisory  committees,  boards  and  task  forces  whose
    26  members  shall  receive  no compensation as members but shall be allowed
    27  necessary and actual expenses incurred in performing duties  under  this
    28  chapter.
    29    19.  To implement a program of public information to inform the public
    30  and private sectors of the state as to the merits of rerefined oil,  and
    31  the  need  for  its use in order to reduce the drain on the nation's oil
    32  reserves and minimize the disposal of used oil in ways  harmful  to  the
    33  environment and to promote petroleum resource conservation, recovery and
    34  reuse by industry and the general public of the state.
    35    20.  To exercise all other powers and functions necessary or appropri-
    36  ate to carry out the duties and purposes set forth in this chapter.
    37    § 5-107. Specific functions, powers and duties. 1. The office shall:
    38    a. Act as a central repository and clearinghouse  for  information  on
    39  all  energy  and energy resource related matters within the jurisdiction
    40  of the office.
    41    b. Conduct public educational programs promoting conservation of ener-
    42  gy and energy resources within the state.
    43    c. No later than February fifteenth of each year make an annual report
    44  to the governor and legislature concerning its work during the preceding
    45  year, and its program for the coming year, and make such further interim
    46  reports or recommendations as it shall deem advisable  or  as  shall  be
    47  required by the governor.
    48    d.  Prepare  an  integrated plan specifying actions to be taken in the
    49  event of the declaration by the governor of an  energy  or  fuel  supply
    50  emergency pursuant to section 5-117 of this article.
    51    e.  Cooperate  with the public service commission, the New York energy
    52  research and development authority, the power authority of the state  of
    53  New  York,  the  office  of  temporary and disability assistance and all
    54  other appropriate state agencies in effectuating the  purposes  of  this
    55  chapter.

        A. 6068                             4
     1    f. Conduct activities to encourage and promote the prudent development
     2  and  wise  use of all energy resources indigenous to the state or shared
     3  by the state with the Dominion of  Canada,  the  federal  government  or
     4  other states.
     5    g.  Advise  and assist state agencies in the implementation of section
     6  one hundred twenty-seven-a of the state finance law.
     7    h. Develop a plan to maximize the use  of  telecommuting  to  conserve
     8  energy  otherwise  used  by  the personnel of the office in commuting to
     9  their assigned workplace. Within one year of the effective date of  this
    10  paragraph,  the  office  shall  submit  a report to the governor and the
    11  legislature on the impact of such plan to include, but  not  be  limited
    12  to, energy conservation, air quality, workforce acceptance, office costs
    13  and potential cost savings.
    14    2. The office may:
    15    a.  Undertake  studies,  surveys  or analyses to determine present and
    16  projected energy and energy resource use, supply and demand  within  the
    17  state.
    18    b. Promulgate energy use standards after consultation with the commis-
    19  sioner  of  the office of general services, for the purchase, lease, use
    20  or maintenance of state buildings and equipment.
    21    c. Maintain liaison with and represent the  state  before  appropriate
    22  agencies  of  the  federal  government, the Dominion of Canada, regional
    23  commissions, other state governments and municipalities  in  all  energy
    24  and energy resources matters.
    25    d.  Coordinate  the  state's  administration  of  any energy or energy
    26  resource programs of the federal government, other than research, devel-
    27  opment and demonstration programs conducted by the New York state energy
    28  research and development authority, including but not limited  to  those
    29  concerned with conservation, allocation, management or education.
    30    e.  Advise  all agencies and municipalities of the state in energy and
    31  energy resource related matters.
    32    § 5-109. Action by the commissioner. 1. The commissioner shall prepare
    33  and distribute at the earliest feasible date an index of  functions  and
    34  responsibilities  of  state  agencies  relating  to  energy  and  energy
    35  resources in sufficient detail to guide the public and serve as a  basis
    36  for such further steps as may be deemed necessary to assure full coordi-
    37  nation  without  duplication  of  the  energy-related activities of such
    38  agencies.
    39    2. Upon completion of the index required to be  prepared  pursuant  to
    40  subdivision  one  of  this section, and no later than one hundred twenty
    41  days after such completion, the  commissioner  shall  recommend  to  the
    42  governor and the legislature such action as may be necessary to preclude
    43  any  identified  or  potential duplication of energy and energy resource
    44  related functions and responsibilities of state agencies.
    45    § 5-115. Energy advisory council. There is hereby created  within  the
    46  office  an energy advisory council, consisting of thirteen members, five
    47  of whom shall be appointed by the governor from among  persons  who  are
    48  not  holders  of  public  office,  elective  or  appointive. Of the five
    49  appointed members, no more than three shall belong to the same political
    50  party. The other members shall be the commissioners of economic develop-
    51  ment, transportation and environmental conservation,  the  secretary  of
    52  state, the energy research and development authority, the public service
    53  commission, the power authority of the state of New York and the commis-
    54  sioner.  The  commissioner  shall  serve as chair of the council and the
    55  governor shall designate a vice-chair from the remaining members of  the
    56  council.  The  members  of the council shall receive no compensation but

        A. 6068                             5
     1  shall be entitled to reimbursement for necessary  expenses  incurred  in
     2  connection  with  the  performance  of  their  duties. The council shall
     3  assist the commissioner in carrying out the  purpose  of  this  chapter,
     4  including  the coordination, development and implementation of a compre-
     5  hensive state energy policy.
     6    § 5-123. Review and recommendations on continuation. 1.  In  the  year
     7  two  thousand twenty-one and every four years thereafter, the department
     8  of audit and control shall conduct an audit of the office. Within ninety
     9  days of the completion of such audit a commission, whose  maximum  dura-
    10  tion  shall  be  six  months,  shall be created to determine whether the
    11  office shall continue in operation, or whether it shall  be  changed  in
    12  some  manner, or whether it shall be dissolved, and the commission shall
    13  report its findings to the governor and the legislature with recommenda-
    14  tions of changes necessary, and if dissolution is recommended  it  shall
    15  recommend what functions shall be eliminated and what functions shall be
    16  continued by another agency.
    17    2.  The  commission  shall be composed of five members, with the chair
    18  and one other member appointed by the governor, one member appointed  by
    19  the  temporary  president  of  the  senate,  one member appointed by the
    20  speaker of the assembly, and one member appointed  by  the  comptroller.
    21  Staff  for  the  commission shall be provided by the department of audit
    22  and control from funds appropriated for such purpose.
    23    § 3. Subdivisions 4 and 8 of section 9-103 of the energy law, subdivi-
    24  sion 4 as amended by chapter 83 of the laws of 1995 and subdivision 8 as
    25  added by section 78 of part A of chapter 436 of the laws  of  1997,  are
    26  amended to read as follows:
    27    4.  Agencies, municipalities, and public authorities are encouraged to
    28  consult with and seek advice and assistance from the office and the  New
    29  York  state  energy research and development authority concerning energy
    30  performance contracts.
    31    8.  In the case of a school district or a board of cooperative  educa-
    32  tional  services,  an energy performance contract shall be developed and
    33  approved pursuant to the requirements of this section  and  pursuant  to
    34  regulations promulgated by the commissioner of education in consultation
    35  with  the  [New  York  state  energy research and development authority]
    36  commissioner.  Such regulations shall include, but shall not be  limited
    37  to:  a  list  of the appropriate type of projects that qualify as energy
    38  performance contracts; an approval process that includes review  of  the
    39  type  and  nature  of  the proposed project, the scope and nature of the
    40  work to be performed, and a detailed breakdown of the energy savings  to
    41  be  derived  each  year  and  for the duration of the energy performance
    42  contract; and a  process  for  ensuring  that  districts  have  obtained
    43  financing  at  the  lowest cost possible. Such regulations shall require
    44  that all energy performance  contracts  which  contain  maintenance  and
    45  monitoring  charges  as  part  of  the energy performance contract price
    46  state such maintenance and monitoring charges separately in the contract
    47  in a clear and conspicuous manner. [Such regulations shall not apply  to
    48  energy performance contracts entered into prior to the effective date of
    49  such  regulations,  nor shall they apply to energy performance contracts
    50  for which a request for proposals was issued  prior  to  such  effective
    51  date.]
    52    §  4.  Continuance  of  rules and regulations. All rules, regulations,
    53  acts, determinations and decisions of the commissioner  of  housing  and
    54  community   renewal,   pertaining   to  the  state  energy  conservation
    55  construction code established by article  11  of  the  energy  law,  and
    56  assigned  by  this  act  to  the commissioner of the state energy office

        A. 6068                             6
     1  shall continue in force and effect as rules, regulations, acts, determi-
     2  nations and decisions of the state energy office or the commissioner  of
     3  the state energy office until duly modified or repealed.
     4    §  5.  The energy law is amended by adding a new article 15 to read as
     5  follows:
     6                                  ARTICLE 15
     7                          ENERGY EFFICIENT DEVICES
     8  Section 15-102. Enforcement powers.
     9          15-103. Annual report.
    10          15-104. Effect of other laws.
    11          15-108. Energy efficiency  of  residential  and  commercial  hot
    12                    water heaters.
    13          15-110. Refrigerators, refrigerators/freezers and freezers.
    14          15-112. Electric dishwashers.
    15          15-116. Gas appliances.
    16          15-118. Air conditioners and heat pumps.
    17          15-120. Fluorescent lamp ballasts.
    18    §  15-102. Enforcement powers.  The attorney general and, in any coun-
    19  ty, city, town or village, the chief legal officer, the chief officer of
    20  the department having jurisdiction over consumer affairs or any  depart-
    21  ment  or  officer designated by a local law or ordinance shall severally
    22  have power to conduct  investigations  regarding  compliance  with  this
    23  article,  and  to institute an action or special proceeding in any court
    24  of competent jurisdiction to enjoin  such  violations  and  recover  the
    25  penalty specified; provided, however, the attorney general may at his or
    26  her  option notify a local government that he or she intends to exercise
    27  exclusive jurisdiction with respect to such enforcement powers  as  they
    28  apply to a specific violation.
    29    §  15-103. Annual report. In its annual report to the governor and the
    30  legislature, pursuant to paragraph c of subdivision one of section 5-107
    31  of this chapter, the office shall provide a review of the  effectiveness
    32  of the provisions of this article.
    33    §  15-104. Effect of other laws. 1. If the commissioner shall be noti-
    34  fied by the United States department of energy that a petition has  been
    35  filed to supersede any requirement of this article or any standard, rule
    36  or  regulation  promulgated  thereunder the commissioner shall determine
    37  the impact of such petition or applicable state requirements, standards,
    38  rules or regulations. If he or  she  determines  that  (a)  there  is  a
    39  substantial  state  or  local  need  which is sufficient to justify such
    40  state requirement, (b) such state requirement  does  not  unduly  burden
    41  interstate  commerce,  and  (c)  such  state requirement contains a more
    42  stringent energy efficiency  standard  than  the  corresponding  federal
    43  standard,  the  commissioner  shall file promptly with the United States
    44  department of energy the necessary documents to so demonstrate,  and  to
    45  request that the petition to supersede be denied.
    46    2.  The  commissioner shall determine the impact of any federal stand-
    47  ard, rule or determination which would  supersede  the  requirements  of
    48  this  article.  If  he or she determines that (a) any requirement estab-
    49  lished by this article is more  stringent  than  an  applicable  federal
    50  standard, rule or determination, and that such federal standard, rule or
    51  determination,  would  supersede  the  requirement  in this article, (b)
    52  there is a substantial state or local need which is sufficient to justi-
    53  fy such state requirement, and (c) such state requirement does not undu-
    54  ly burden interstate commerce, the commissioner shall promptly  petition
    55  the United States department of energy requesting a rule that such state
    56  standard, rule or determination, not be superseded.

        A. 6068                             7
     1    §  15-108.  Energy  efficiency of residential and commercial hot water
     2  heaters. 1. As used in this section:
     3    (a) "Recovery efficiency" shall mean the ratio of the heat absorbed by
     4  the  water  to  the  heat input delivered to the heating unit during the
     5  period that the water temperature is raised from the  inlet  temperature
     6  to the final temperature.
     7    (b)  "Standby losses" shall mean heat losses occurring while maintain-
     8  ing design water temperature over periods when no  hot  water  is  being
     9  drawn from the water tank.
    10    2.  No person shall advertise, display for sale, or sell in this state
    11  any new electric, gas-fired or oil-fired hot water heater to be used  in
    12  this  state  for  domestic or sanitary purposes unless it shall meet the
    13  following performance standards:
    14    (a) For automatic electric storage water  heaters,  the  standby  loss
    15  shall  not  exceed  four  watt-hours  per  hour  per square foot of tank
    16  surface area unless superseded by more stringent standards determined by
    17  the office.
    18    (b) For automatic gas-fired or oil-fired water heaters, unless  super-
    19  seded  by more stringent standards determined by the office, the minimum
    20  recovery efficiency shall be  seventy-five  percent  and  for  automatic
    21  gas-fired  or oil-fired storage water heaters the standby loss shall not
    22  exceed a percent of the energy input equal to 2.3 plus the  quotient  of
    23  67 divided by the rated volume in gallons of the heater.
    24    (c)  Standby  losses  and recovery efficiencies shall be determined by
    25  methods described by the American  National  Standard  Institute,  Inc.,
    26  hitherto  known  as  ANSI  in  its  publications  ANSI C72.1-72 and ANSI
    27  Z21.10.3-74 unless superseded by methods established by the office.
    28    3. If the commissioner shall determine that no hot water heater  of  a
    29  certain  class,  size  or type is available with such efficiency to meet
    30  the requirements of this section, he or she  may  extend  the  effective
    31  date  for compliance of such class until such hot water heater is avail-
    32  able.
    33    4. Such hot water heater and its packing carton,  if  such  carton  is
    34  provided,  shall carry in a conspicuous position a non-transferable sign
    35  or label stating that such hot water heater  meets  the  minimum  energy
    36  efficiency requirements of New York state.
    37    5.  A  knowing violation of this section shall be punishable by a fine
    38  not to exceed one thousand dollars.
    39    §  15-110.  Refrigerators,  refrigerators/freezers  and  freezers.  No
    40  refrigerator,  refrigerator/freezer  or freezer which is manufactured on
    41  or after January first, two thousand twenty-one, and  which  contains  a
    42  continuously  energized  electrical  resistance  heating  unit  for  the
    43  purpose of preventing condensation on the jacket, shall be displayed for
    44  sale, advertised or sold at retail in this state, unless it possesses an
    45  easily accessible manually-operated electrical switch capable of  termi-
    46  nating  the  heating when it is deemed necessary. Each such switch shall
    47  be clearly marked as to its purpose and fully described in the  instruc-
    48  tion  book  provided with the appliance including a chart that indicates
    49  the annualized savings possible by use of the switch at several  typical
    50  costs  of  electricity,  and a statement of percentage of energy savings
    51  possible by use of such switch.
    52    Each such refrigerator, refrigerator/freezer or freezer displayed  for
    53  sale,   advertised,   or  sold  without  such  a  switch,  without  such
    54  description in such instruction book or without such chart and statement
    55  of savings shall constitute a violation.

        A. 6068                             8
     1    Each  day  a  violation  is  continued  shall  constitute  a  separate
     2  violation.
     3    A  knowing violation of this section shall be punishable by a fine not
     4  to exceed two hundred fifty dollars.
     5    § 15-112. Electric dishwashers. No electric dishwasher which is  manu-
     6  factured  on or after January first, two thousand twenty-one, and which,
     7  upon termination of the rinse cycle, automatically  energizes  an  elec-
     8  trical  resistance  heating unit shall be displayed for sale, advertised
     9  or sold at retail in this state unless it possesses an easily accessible
    10  manually operated electrical switch capable of eliminating  the  heating
    11  phase of the dishwasher's drying cycle. Each such switch shall be clear-
    12  ly marked as to its purpose, and fully described in the instruction book
    13  provided with the appliance including a chart that indicates the annual-
    14  ized  savings  possible by use of the switch at several typical costs of
    15  electricity, and a statement of percentage of energy savings possible by
    16  use of such switch.
    17    Each such dishwasher displayed for sale, advertised  or  sold  without
    18  such  a  switch,  without  such  description in such instruction book or
    19  without  such  chart  and  statement  of  savings  shall  constitute   a
    20  violation.
    21    Each  day  a  violation  is  continued  shall  constitute  a  separate
    22  violation.
    23    A knowing violation of this section shall be punishable by a fine  not
    24  to exceed two hundred fifty dollars.
    25    § 15-116. Gas appliances. 1. Legislative intent. The legislature here-
    26  by  finds and declares that conservation of gaseous fuels is in the best
    27  interest of the health, safety and welfare of the citizens of this state
    28  and that such conservation also shall result in economic savings to  the
    29  users  of  such  fuels.  The  legislature,  further, finds that with the
    30  advances in technology, the use  of  continuously  operated  or  lighted
    31  pilot  lights  to provide for ignition of certain gas appliances is both
    32  wasteful and no longer necessary.
    33    2. Definitions. As used in this section,  the  following  terms  shall
    34  have the following meanings:
    35    (a) Gas appliance. Any furnace, air-conditioner, heater, refrigerator,
    36  stove,  range,  dishwasher, clothes dryer, clothes washer, or other such
    37  device, which uses a gaseous fuel other than propane for  the  operation
    38  thereof,  and  which  is  manufactured  after the effective date of this
    39  section, and is automatically ignited by a means other than an intermit-
    40  tent ignition device.
    41    The term gas appliance shall not include a water  heater  which  heats
    42  water  for  domestic  use,  a  stove  or range which contains a separate
    43  section specifically designed to provide space heating,  or  a  gravity-
    44  type  room  heater, wall furnace or floor furnace which does not contain
    45  any electrical component.
    46    (b) Automatic gas appliance. Any  furnace,  air  conditioner,  heater,
    47  refrigerator,  stove,  range, dishwasher, clothes dryer, clothes washer,
    48  or other such device, which uses a gaseous fuel other than  propane  for
    49  the  operation  thereof,  and  which is manufactured after the effective
    50  date of this section, and is automatically ignited  by  an  intermittent
    51  ignition device.
    52    The  term  automatic  gas  appliance  shall not include a water heater
    53  which heats water for domestic use, a stove or range  which  contains  a
    54  separate  section  specifically  designed to provide space heating, or a
    55  gravity-type room heater, wall furnace or floor furnace which  does  not
    56  contain any electrical component.

        A. 6068                             9
     1    (c) Residence. Any building or structure in this state used principal-
     2  ly  for  dwelling  purposes,  including,  but not limited to, single and
     3  multiple family dwellings or residences of any nature, including  apart-
     4  ments,  apartment buildings, apartment projects, condominiums and mobile
     5  homes, but not including hotels or motels.
     6    (d)  Intermittent ignition device. A device which ignites an automatic
     7  gas appliance to begin normal operation thereof, and which is  activated
     8  only at the time such automatic gas appliance is to be so ignited.
     9    3. Prohibitions. The following acts shall be unlawful:
    10    (a)  The  sale  or  offering for sale by advertisement or otherwise or
    11  displaying for sale of gas appliances for use in or in connection with a
    12  residence.
    13    (b) The installation or causing the installation of a gas appliance in
    14  a residence.
    15    (c) The importation into this state of a gas appliance for use  in  or
    16  in connection with a residence.
    17    (d) The delivery in this state after sale or pursuant to a contract of
    18  sale of a gas appliance for use in or in connection with a residence.
    19    (e) The sale or display for sale of an automatic gas appliance for use
    20  in  or  in connection with a residence, unless such automatic gas appli-
    21  ance is labeled in a manner visible  to  the  purchaser  or  prospective
    22  purchaser  with  the words "intermittent ignition", "electric ignition",
    23  "pilotless ignition", "pilotless electric ignition", "spark ignition" or
    24  similar words approved by the commissioner.
    25    4. Penalties. A violation of the provisions of this section  shall  be
    26  punishable  by  a  fine not exceeding five hundred dollars for each such
    27  violation. Provided that  each  day  of  a  continuing  violation  shall
    28  constitute a separate and distinct offense.
    29    §  15-118. Air conditioners and heat pumps. 1. Definitions. As used in
    30  this article:
    31    (a) "Air conditioner" means a combination of  components  including  a
    32  compressor,  a  condenser  and  an  evaporator  powered  by single phase
    33  current, having a cooling capacity rating below 65,000 Btu per hour  and
    34  which  is  designed  for  the  purpose of cooling one or more rooms of a
    35  building.
    36    (b) "Heat pump" means a combination of components including a compres-
    37  sor, a condenser and an evaporator, which may utilize air  or  water  as
    38  the  source  of heat, is combined with a central air conditioner, and is
    39  designed for the purpose of heating and cooling one or more rooms  of  a
    40  building.
    41    (c)  "Room  air conditioner" means an encased air conditioner designed
    42  as a unit for mounting in a window or through the wall for  the  purpose
    43  of  providing  delivery  of conditioned air to an enclosed space without
    44  ducts, and which is not a packaged terminal air conditioner.
    45    (d) "Central air conditioner" means an air conditioner which is not  a
    46  room air conditioner or a packaged terminal air conditioner.
    47    (e)  "Cooling  capacity  rating" means the quantity of heat in British
    48  thermal units (Btu) which an air conditioner is capable of  removing  in
    49  one hour.
    50    (f)  "Power  rating"  means the power required in watts to produce the
    51  cooling capacity rating.
    52    (g) "Energy efficiency ratio (EER)" means the cooling capacity  rating
    53  for  room air conditioners or packaged terminal air conditioners divided
    54  by the power rating.
    55    (h) "Seasonal energy efficiency ratio (SEER)" means the total  cooling
    56  of a central air conditioner in Btu during its normal annual usage peri-

        A. 6068                            10
     1  od  for  cooling divided by the total electric power input in watt-hours
     2  during the same period.
     3    (i) "Energy efficiency" means the EER or SEER of a room air condition-
     4  er or central air conditioner respectively.
     5    (j)  "At retail" means the first transfer of goods, for lawful consid-
     6  eration, from any person who is regularly in the business of buying  and
     7  selling  new air conditioners and/or heat pumps for profit to any person
     8  who is not regularly in the business  of  buying  and  selling  new  air
     9  conditioners and/or heat pumps for profit.
    10    (k)  "Packaged  terminal  air  conditioner"  means a wall sleeve and a
    11  separate uncased chassis with  a  combination  of  heating  and  cooling
    12  assemblies  intended  for  mounting through the wall. It includes an air
    13  conditioner, outdoor louvers, forced ventilation, controls, and  heating
    14  capability by heat pump, electricity, hot water or steam.
    15    2.  Labeling  of  new  air  conditioners and heat pumps. (a) No person
    16  shall sell, offer, or expose for sale at retail any new room air  condi-
    17  tioner  as hereinafter specified unless such air conditioner shall carry
    18  in a conspicuous position a nameplate, sign or label  stating  its:  (i)
    19  cooling capacity rating, (ii) power rating, and (iii) energy efficiency.
    20    (b)  No  person shall sell, offer or expose for sale at retail any new
    21  central air conditioner or heat pump unless an energy fact  sheet  which
    22  discloses  the (i) seasonal energy efficiency ratio and (ii) the cooling
    23  capacity rating has been shown to the purchaser prior to the sale of the
    24  product. For purposes of providing the required  energy  information  on
    25  split  system  central  air  conditioners and heat pumps, the fact sheet
    26  disclosure shall be based on system performance of the specific condens-
    27  ing unit and evaporator coil combination being sold.
    28    (c) If  the  federal  government  shall  adopt  labeling  requirements
    29  different from those required in paragraphs (a) and (b) of this subdivi-
    30  sion, then upon the effective date of the federal labeling requirements,
    31  new  air  conditioners  or  heat  pumps offered for sale at retail shall
    32  comply with the federal labeling requirements, and  the  state  labeling
    33  requirements  shall  be superseded, provided, however, from the time the
    34  federal government shall have prescribed such labeling requirements,  to
    35  the  time that such requirements shall become effective, compliance with
    36  this section may be met by  disclosure  of  either  the  required  state
    37  labeling information or the prescribed federal labeling information.
    38    (d)  The month and year of manufacture of such air conditioner or heat
    39  pump shall be marked in a readily accessible location on or in said  air
    40  conditioner or heat pump.
    41    3. Test procedures. Test procedures for the purpose of determining the
    42  compliance  with  this  section  shall  be in accordance with the United
    43  States department of energy (USDOE) test procedures in effect at time of
    44  manufacture however, if no USDOE test procedures have been adopted,  the
    45  applicable test procedures adopted by the Air-Conditioning and Refriger-
    46  ation Institute shall apply.
    47    4.  Energy efficiency standards. (a) Room air conditioners.  No person
    48  shall sell, offer for sale, or expose for sale at retail, any  new  room
    49  air  conditioner  with  an  energy  efficiency ratio less than the ratio
    50  listed:
    51                     Minimum Energy Efficiency Ratio (EER)
    52                          in BTU per hour per watt
    53                                Nominal             Energy
    54  Cooling capacity              Operating           Efficiency
    55  BTU per hour                  Voltage             Standards

        A. 6068                            11
     1  5,999 and less                Less than 150       7.5
     2  6,000 and over                Less than 150       8.5
     3  all sizes                     150 or greater      8.2
     4    (b)  Central  air  conditioners. No person shall sell, offer for sale,
     5  expose for sale at retail or install any central air conditioner with  a
     6  seasonal energy efficiency ratio of less than 9.5.
     7    (c)  Heat pumps. No person shall sell, offer for sale, expose for sale
     8  at retail or install any combined central air conditioner and heat  pump
     9  with a seasonal energy efficiency ratio of less than 8.5.
    10    (d)  Packaged terminal air conditioners.  Packaged terminal air condi-
    11  tioners shall meet the same requirements as other room air conditioners,
    12  as specified in this subdivision, except that no  later  than  September
    13  first,  two  thousand  twenty-one,  the office shall, after consultation
    14  with other government agencies and representatives  of  industry  as  it
    15  deems  desirable,  promulgate  a  schedule  of minimum energy efficiency
    16  ratios for such packaged terminal air conditioners.
    17    5. Advertising of air conditioners and heat pumps. Any printed  adver-
    18  tising for air conditioners or heat pumps to be sold at retail including
    19  the  cooling  capacity  rating  shall also include the applicable energy
    20  efficiency in a typeface no smaller than that of the corresponding cool-
    21  ing capacity rating.
    22    6. Penalties. Any person who  shall  violate  any  provision  of  this
    23  section  either  personally  or  through  an agent or employee, shall be
    24  subject to a civil penalty of not less than twenty-five dollars nor more
    25  than two hundred fifty dollars for each violation. For purposes of  this
    26  section,  the sale, offer for sale, or exposure for sale or installation
    27  of any one air conditioner or heat pump which fails to meet  the  stand-
    28  ards of this section, shall constitute a violation.
    29    §  15-120.  Fluorescent lamp ballasts. 1. Definitions. As used in this
    30  section:
    31    (a) "ANSI" means the American National Standards Institute, Inc.
    32    (b) "Ballast efficiency factor" means  the  ratio  of  relative  light
    33  output to the power input.
    34    (c)  "Fluorescent lamp ballast" or "ballast" means a device to operate
    35  fluorescent lamps by providing a starting voltage and current and limit-
    36  ing the current during normal operation, and which is  (i)  designed  to
    37  operate  at  nominal input voltages of one hundred twenty or two hundred
    38  seventy-seven volts; (ii) designed to operate with an input frequency of
    39  sixty hertz; and (iii) designed for use in connection with an F40T12  or
    40  F96T12  lamp;  provided,  however,  that  this  term  shall  not include
    41  ballasts which have a dimming capability or  are  intended  for  use  in
    42  ambient  temperatures of 0°F or less or have a power factor of less than
    43  .60.
    44    (d) "F40T12 lamp" means  a  tubular  fluorescent  lamp  which  (i)  is
    45  forty-eight inches in length and one and a half inches in diameter, (ii)
    46  has  a  maximum  operating  current  of greater than three hundred fifty
    47  milliamperes and less than five hundred milliamperes and (iii)  conforms
    48  to ANSI standard C78.1 - 1978.
    49    (e)  "F96T12 lamp" means a tubular fluorescent lamp which (i) is nine-
    50  ty-six inches in length and one and a half inches in diameter, (ii)  has
    51  a maximum operating current of greater than three hundred fifty milliam-
    52  peres and less than five hundred milliamperes and (iii) conforms to ANSI
    53  standard C78.3 - 1978.
    54    (f)  "Luminaire"  means  a  complete  lighting  unit  consisting  of a
    55  fluorescent lamp, or lamps, together with parts designed  to  distribute

        A. 6068                            12
     1  the light, to position and protect such lamps, and to connect such lamps
     2  to the power supply.
     3    (g)  "Nominal  input  voltage" means an input voltage within plus five
     4  percent or minus five percent of a specified value.
     5    (h) "Nominal lamp watts" means the wattage at which a fluorescent lamp
     6  is designed to operate.
     7    (i) "Power input" means the power consumption in watts  of  a  ballast
     8  and fluorescent lamp or lamps, as determined in accordance with the test
     9  procedures specified in subdivision two of this section.
    10    (j)  "Relative  light output" means light output delivered through the
    11  use of a ballast divided by the light output through the use of a refer-
    12  ence ballast, expressed as a percent, as determined in  accordance  with
    13  the test procedures specified in subdivision two of this section.
    14    2.  Test  procedures.  Relative  light output and power input shall be
    15  determined in accordance with test procedures specified by ANSI standard
    16  C82.2-1977.
    17    3. Energy efficiency standards. (a) On and after  January  first,  two
    18  thousand  twenty-one,  no person shall sell, offer for sale, install, or
    19  cause to be installed within the state any  ballast  manufactured  after
    20  such date which has a ballast efficiency factor less than the applicable
    21  value set forth below:
    22                            Nominal
    23  Ballasts Designed for      Input     Total Nominal       Ballast
    24    the Operation of        Voltage      Lamp Watts    Efficiency Factor
    25  ________________________________________________________________________
    26  one F40T12 lamp              120           40               1.805
    27                               277           40               1.805
    28  two F40T12 lamps             120           80               1.060
    29                               277           80               1.050
    30  two F96T12 lamps             120          150               0.570
    31                               277          150               0.570
    32  Provided,  however,  that a ballast manufactured prior to January first,
    33  two thousand twenty-one which  does  not  meet  the  ballast  efficiency
    34  factors  set  out  above  may  be  sold, offered for sale, installed, or
    35  caused to be installed within the state only if the date of  manufacture
    36  can  be readily determined from the model number or other identification
    37  provided on the ballast carton.
    38    (b) On and after January first, two  thousand  twenty-one,  no  person
    39  shall sell, offer for sale, install, or cause to be installed within the
    40  state  any  ballast  which has a ballast efficiency factor less than the
    41  applicable  value set forth in paragraph (a) of this subdivision.
    42    (c) On and after January first, two  thousand  twenty-one,  no  person
    43  shall sell or offer for sale within the state any luminaire containing a
    44  ballast  which  has a ballast efficiency factor less than the applicable
    45  value set forth in paragraph (a) of this subdivision unless such ballast
    46  was manufactured prior to January first, two thousand twenty-one.
    47    (d) On and after January first, two  thousand  twenty-one,  no  person
    48  shall  sell  or  offer  for  sale  within  the state any luminaire which
    49  contains a ballast with a ballast efficiency factor less than the appli-
    50  cable factor set forth in paragraph (a) of this subdivision.
    51    4. Prohibitions.   (a) No manufacturer of  fluorescent  lamp  ballasts
    52  manufactured  after January first, two thousand twenty-one shall sell or
    53  cause such ballasts to be sold for resale or installation in  the  state
    54  unless there has been filed with the office a compliance statement which
    55  includes  the  following  information:  name  and address of the ballast
    56  manufacturer; brand name and model  number  of  the  ballast;  name  and

        A. 6068                            13
     1  address  of the testing agent which performed the test procedures neces-
     2  sary to determine the ballast efficiency factor; the date and results of
     3  such test; and a declaration that the fluorescent lamp ballast meets  or
     4  exceeds  the ballast efficiency factor specified in subdivision three of
     5  this section.
     6    (b) The commissioner may determine that approval  by  an  industry  or
     7  governmental  certification  agency  which  reviews  the same or similar
     8  information as required by paragraph (a) of this subdivision shall serve
     9  in lieu of the compliance statement.
    10    5. Penalties. A violation of the provisions of this section  shall  be
    11  punishable by a fine not exceeding one hundred dollars. For the purposes
    12  of  this section, each sale, offer for sale or installation of a ballast
    13  which fails to meet the efficiency standards of this section, or a lumi-
    14  naire containing such a ballast, shall constitute a separate violation.
    15    § 6. Sections 12-101-a and 17-102 of the energy law are REPEALED.
    16    § 7. Continuance of rules and  regulations.  All  rules,  regulations,
    17  acts,  determinations  and  decisions  of  the state consumer protection
    18  board, pertaining to articles 12 and 17 of the energy law, and  assigned
    19  pursuant  to this act to the state energy office shall continue in force
    20  and effect as rules, regulations, acts, determinations and decisions  of
    21  the  state  energy office or the commissioner of the state energy office
    22  until duly modified or repealed.
    23    § 8. Subdivision 1 of section 21 of the executive law, as  amended  by
    24  chapter 176 of the laws of 2013, is amended to read as follows:
    25    1.  There  is  hereby  created  in the executive department a disaster
    26  preparedness commission consisting of the commissioners  of  transporta-
    27  tion,   health,  state  energy  office,  division  of  criminal  justice
    28  services, education,  economic  development,  agriculture  and  markets,
    29  housing  and  community  renewal, general services, labor, environmental
    30  conservation, mental health, parks, recreation  and  historic  preserva-
    31  tion,   corrections  and  community  supervision,  children  and  family
    32  services, homeland security and  emergency  services,  and  people  with
    33  developmental  disabilities,  the president of the New York state energy
    34  research and development authority, the superintendents of state  police
    35  and  financial services, the secretary of state, the state fire adminis-
    36  trator, the chair of the public service commission, the adjutant  gener-
    37  al,  the  office  of  information technology services, and the office of
    38  victim services, the chairs of the thruway authority, the office for the
    39  aging, the metropolitan transportation authority, the port authority  of
    40  New  York  and  New  Jersey, the chief professional officer of the state
    41  coordinating chapter of the American  Red  Cross  and  three  additional
    42  members,  to  be  appointed  by the governor, two of whom shall be chief
    43  executives. Each member agency may designate an executive level  officer
    44  of  that  agency, with responsibility for disaster preparedness matters,
    45  who may represent that agency on the commission. The commissioner of the
    46  division of homeland security and  emergency  services  shall  serve  as
    47  chair of the commission, and the governor shall designate the vice chair
    48  of the commission. The members of the commission, except those who serve
    49  ex  officio,  shall  be  allowed  their  actual  and  necessary expenses
    50  incurred in the performance of their duties under this article but shall
    51  receive no additional compensation for  services  rendered  pursuant  to
    52  this article.
    53    §  9.  Paragraph  (c) of subdivision 1 of section 169 of the executive
    54  law, as amended by section 9 of part A of chapter  60  of  the  laws  of
    55  2012, is amended to read as follows:

        A. 6068                            14
     1    (c)  commissioner of agriculture and markets, commissioner of alcohol-
     2  ism and substance abuse services,  adjutant  general,  commissioner  and
     3  president  of  state  civil service commission, commissioner of economic
     4  development, commissioner of the state energy office, chair of the ener-
     5  gy  research  and  development  authority, president of higher education
     6  services corporation, commissioner of motor  vehicles,  member-chair  of
     7  board  of  parole, chair of public employment relations board, secretary
     8  of state, commissioner of alcoholism and substance abuse services, exec-
     9  utive director of the housing finance agency,  commissioner  of  housing
    10  and  community  renewal,  executive  director  of  state insurance fund,
    11  commissioner-chair of state liquor  authority,  chair  of  the  workers'
    12  compensation board;
    13    §  10.  Paragraph  a  of subdivision 1 of section 374 of the executive
    14  law, as amended by section 96 of subpart B of  part  C  and  as  further
    15  amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
    16  amended to read as follows:
    17    a. Two members, to be  appointed  by  the  governor,  from  among  the
    18  commissioners  of  the  departments of economic development, corrections
    19  and community  supervision,  education,  health[,]  and  labor,  [mental
    20  health and social services, office] offices of general services, energy,
    21  mental health and temporary and disability assistance, division of hous-
    22  ing and community renewal, and the superintendent of financial services.
    23    §  11.  Section  15-2901  of  the  environmental  conservation law, as
    24  amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
    25  follows:
    26  § 15-2901. Water resources planning council; organization.
    27    There  is  hereby  established within the department [of environmental
    28  conservation] a water resources planning council. It  shall  consist  of
    29  fifteen members, including the commissioners of agriculture and markets,
    30  economic development, energy, environmental conservation, health, trans-
    31  portation, the chair of the public service commission, [president of the
    32  New  York state energy research and development authority,] secretary of
    33  state and seven members to be appointed by  the  governor  including  at
    34  least  one  member  who  shall  have  expertise  in the science of water
    35  resources planning and at least one member selected from a list proposed
    36  by public interest or environmental citizens organizations. These  seven
    37  members  shall  serve terms of four years each. Two of the members shall
    38  be appointed upon the recommendation  of  the  majority  leader  of  the
    39  senate and two of the members shall be appointed upon the recommendation
    40  of  the  speaker of the assembly. The governor shall select a chair from
    41  among the members.   Meetings of the council  shall  be  called  by  the
    42  chair. Members shall receive reimbursement for expenses.
    43    §  12.  Subdivisions  1  and 2 of section 23-0311 of the environmental
    44  conservation law, as amended by chapter 83 of  the  laws  of  1995,  are
    45  amended to read as follows:
    46    1. A thirteen member New York state oil, gas and solution mining advi-
    47  sory  board  shall be created within the department to advise and assist
    48  the commissioner and other state agencies  on  activities  and  policies
    49  related to the development, operation and regulation of the oil, gas and
    50  solution  mining  industry. The members shall be appointed by the gover-
    51  nor, with a majority representative of the respective industries.  Three
    52  of  the  members shall be appointed upon recommendation of the [majority
    53  leader] temporary president of the senate and three of the members shall
    54  be appointed  upon  recommendation  of  the  speaker  of  the  assembly.
    55  Appointments  shall be made for three-year terms. Members shall continue
    56  in office until their successors have been appointed and qualified.  The

        A. 6068                            15
     1  governor  shall  select  a chair from among the members. The board shall
     2  meet at least twice yearly and the members shall  receive  reimbursement
     3  for  expenses.  The  department shall provide the board with secretarial
     4  services.
     5    2.  The  chair of the public service commission, the [president of the
     6  New York state energy research and development  authority]  commissioner
     7  of  the  state  energy office, the state geologist, and the commissioner
     8  shall serve the board in an ex-officio capacity.
     9    § 13. Subdivision 3 of section 23-2101 of the environmental  conserva-
    10  tion  law,  as  amended by chapter 83 of the laws of 1995, is amended to
    11  read as follows:
    12    3. The [Commissioner] commissioner shall  be  the  official  represen-
    13  tative  of  this  state on the Interstate Oil Compact Commission. At the
    14  direction of the commissioner, any other  officer  or  employee  of  the
    15  department may serve as substitute representative in the place and stead
    16  of  the commissioner. The commissioner shall consult and coordinate with
    17  the [president of the New York state  energy  research  and  development
    18  authority] commissioner of the state energy office on issues relating to
    19  state energy policy.
    20    §  14.  The closing paragraph of section 391-a of the general business
    21  law, as amended by chapter 83 of the laws of 1995, is amended to read as
    22  follows:
    23    The provisions of this section shall not apply to  any  person  acting
    24  pursuant  to  a  directive  or in accordance with an order issued by the
    25  [governor] commissioner of the state energy office to avert or alleviate
    26  shortages or disruptions of supplies of liquid fuels,  lubricating  oils
    27  or  similar  products. Any such directive or order may impose disclosure
    28  requirements deemed by [the governor] such commissioner  to  be  in  the
    29  public interest.
    30    §  15.  Section 84-a of the private housing finance law, as amended by
    31  chapter 83 of the laws of 1995, is amended to read as follows:
    32    § 84-a. Additional supervision and regulation  of  housing  companies.
    33  The  commissioner shall require that every company file with him, within
    34  six months of  the  effective  date  of  regulations  implementing  this
    35  section  and  in  such format as the commissioner shall prescribe, after
    36  consultation with the state energy office, an energy audit report  which
    37  identifies  potential  energy-saving  building  improvements,  including
    38  alterations, modifications and adjustments to  the  building  structure,
    39  heating,  cooling,  lighting  and  ventilation  systems;  their relative
    40  costs; potential energy and cost savings; and  simple  payback  periods,
    41  which  for  the  purpose  of this section shall mean that period of time
    42  within which the estimated cost of such improvements, exclusive  of  the
    43  cost  of  capital,  would  be  recovered  from  the savings generated by
    44  reduced energy consumption resulting from the improvements.  The  energy
    45  audit  shall  be conducted by a public utility, an engineer or architect
    46  licensed by the state, or the managing agent or other representative  of
    47  the  company  if  such  individual has attended an energy audit training
    48  workshop sponsored by the commissioner of the state energy  office.    A
    49  copy  of the energy audit report, required herein, shall be given to any
    50  duly constituted tenant's association or cooperator's  advisory  council
    51  and a copy shall be available for inspection and copying by any individ-
    52  ual  tenant  who  requests  it. The commissioner shall also require that
    53  every company certify by March thirty-first,  nineteen  hundred  eighty-
    54  four  that all compatible conservation measures identified in the energy
    55  audit report which have simple payback period of one year or  less  have
    56  been  implemented;  provided,  however,  if  the commissioner determines

        A. 6068                            16
     1  within sixty days of the date the energy audit report is filed that  one
     2  or  more  of such identified conservation measures cannot be implemented
     3  by March thirty-first, nineteen hundred eighty-four, given the projected
     4  rent revenues and any other monies available to the company from reserve
     5  funds, loans or grants from the state or federal government or any other
     6  source,  the  implementation  of  such  conservation  measures  shall be
     7  provided for according to a schedule prescribed by the commissioner.
     8    § 16. Subdivision 2 of section 1852 of the public authorities law,  as
     9  amended  by  chapter  156  of  the  laws  of 2014, is amended to read as
    10  follows:
    11    2. The membership of the authority shall consist of thirteen  members,
    12  to be as follows: the commissioner of the [department of transportation]
    13  state  energy  office,  who  shall be the chair, the commissioner of the
    14  department of  environmental  conservation,  the  chair  of  the  public
    15  service  commission,  the  president  and chief executive officer of the
    16  power authority of the State of New York, all of whom, except the chair,
    17  shall serve ex-officio; and nine members appointed by  the  governor  by
    18  and  with  the advice and consent of the senate; one of whom shall be an
    19  engineer or a research scientist with a degree in the physical  sciences
    20  or  engineering  who  has not been employed in the nuclear fission field
    21  for three years preceding the  appointment  and  who  shall  not  be  so
    22  employed  during  his or her term; one of whom shall be an economist who
    23  shall not have received more than one-tenth of his or her income from an
    24  electric utility or gas utility for three years preceding  the  appoint-
    25  ment  and  who  shall  not  so  derive more than one-tenth of his or her
    26  income during such term; one of whom [who] shall be a member of  a  not-
    27  for-profit  environmental group; one of whom shall be a member of a not-
    28  for-profit consumer group; one of whom [who] shall be an  officer  of  a
    29  utility  primarily  engaged  in the distribution of gas; and one of whom
    30  shall be an officer of an electric utility. [The governor  shall  desig-
    31  nate  the  chair.]  Of  the  nine members appointed by the governor, two
    32  shall be appointed for terms  expiring  April  first,  nineteen  hundred
    33  seventy-eight,  two  for  terms  expiring  April first, nineteen hundred
    34  eighty, two for terms expiring April first, nineteen hundred eighty-one,
    35  and three for terms expiring April first, nineteen  hundred  eighty-two.
    36  Persons  appointed  by the governor for full terms as successors to such
    37  members shall serve for terms of six years each commencing as  of  April
    38  first.  In the event of a vacancy occurring in the office of a member by
    39  death, resignation or otherwise, the governor shall appoint a successor,
    40  by and with the advice and consent of the senate, to serve  the  balance
    41  of the unexpired term.
    42    §  17.  Subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 of section 1854
    43  of the public authorities law are REPEALED.
    44    § 18. Transfer of records. The president of the New York state  energy
    45  research  and development authority shall deliver to the commissioner of
    46  the state energy office all books, papers, records and property of  such
    47  authority  pertaining  to the functions transferred pursuant to this act
    48  to the state energy office.
    49    § 19. Continuity of authority. For the purpose of  succession  to  all
    50  functions,  powers,  duties and obligations of the New York state energy
    51  research and development authority transferred and assigned to, devolved
    52  upon and assumed by the state energy office pursuant to this  act,  such
    53  office  shall  be deemed and held to constitute the continuation of such
    54  authority and not a different agency or authority.
    55    § 20. Completion of unfinished business. Any business or other  matter
    56  undertaken or commenced by the New York state energy research and devel-

        A. 6068                            17
     1  opment  authority pertaining to or connected with the functions, powers,
     2  obligations and duties hereby transferred and assigned, and  pending  on
     3  the  effective  date  of this act, may be conducted and completed by the
     4  state energy office.
     5    §  21.  Continuance  of rules and regulations. All rules, regulations,
     6  acts, determinations and decisions of the New York state energy research
     7  and development authority, pertaining to the functions  transferred  and
     8  assigned pursuant to this act to the state energy office in force at the
     9  time  of  such  transfer,  assignment,  assumption  or  devolution shall
    10  continue in force and effect as rules, regulations, acts, determinations
    11  and decisions  of  the  state  energy  office  until  duly  modified  or
    12  repealed.
    13    § 22. Terms occurring in laws, contracts and other documents. Whenever
    14  the  New  York  state  energy research and development authority and the
    15  president thereof, the functions,  powers,  obligations  and  duties  of
    16  which are transferred pursuant to this act to the state energy office or
    17  the  commissioner  thereof,  are  referred  to or designated in any law,
    18  contract or document pertaining to the  functions,  powers,  obligations
    19  and  duties  hereby  transferred  and assigned, such reference or desig-
    20  nation shall be deemed to refer  to  the  state  energy  office  or  the
    21  commissioner thereof.
    22    §  23.  Existing  rights  and remedies preserved. No existing right or
    23  remedy of any character shall be lost, impaired, or affected  by  reason
    24  of the provisions  of this act.
    25    § 24. Pending actions and proceedings. No action or proceeding pending
    26  at  the  time  this act takes effect, brought by or against the New York
    27  state energy research and development authority or the president  there-
    28  of, the functions, duties and obligations of which are assigned pursuant
    29  to  this  act  to  the  state  energy  office  shall  be affected by any
    30  provision of this act, but the same may be prosecuted or defended in the
    31  name of the commissioner of the state energy office. In all such actions
    32  and proceedings, the state energy office, upon application to the court,
    33  shall be substituted as a party.
    34    § 25. Transfer of appropriations heretofore made.  All  appropriations
    35  or  reappropriations  heretofore  made  to  the  New  York  state energy
    36  research and development authority for the functions, duties  and  obli-
    37  gations  assigned  to  the  state energy office pursuant to this act, or
    38  segregated pursuant to law, to the extent  of  remaining  unexpended  or
    39  unencumbered  balances  thereof,  whether  allocated  or unallocated and
    40  whether obligated or unobligated, are transferred to and made  available
    41  for use and expenditure by the state energy office for the same purposes
    42  for which originally appropriated or reappropriated and shall be payable
    43  on vouchers certified or approved by the commissioner of the state ener-
    44  gy  office  or  duly  authorized  representative of such commissioner on
    45  audit and warrant of the comptroller.
    46    § 26. The state energy  office  shall  administer  loans,  agreements,
    47  contracts  and  commitments  of  the  New York state energy research and
    48  development authority in effect as of the effective date of this act.
    49    § 27. This act shall take effect on the first of January next succeed-
    50  ing the date on which it shall have become a law; provided that any  and
    51  all  actions  necessary  to  implement the provisions of this act on its
    52  effective date are authorized and directed to be taken and completed  on
    53  or before such date.
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