Bill Text: NY A08143 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the "advanced building codes, appliance and equipment efficiency standards act of 2021"; 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.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2021-06-16 - referred to energy [A08143 Detail]

Download: New_York-2021-A08143-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          8143

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      June 16, 2021
                                       ___________

        Introduced  by  M. of A. FAHY, CUSICK -- (at request of the Governor) --
          read once and referred to the Committee on Energy

        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 2021"

          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  2021".
     4    §  2.  Subdivision 2 of section 3-101 of the energy law, as amended by
     5  chapter 253 of the laws of 2013, is amended to read as follows:
     6    2. to encourage conservation of energy and to promote the clean energy
     7  and  climate  agenda,  including  but  not  limited  to  greenhouse  gas
     8  reduction,  set  forth within chapter one hundred six of the laws of two
     9  thousand nineteen, also known as the New York state  climate  leadership
    10  and  community  protection act, in the construction and operation of new
    11  commercial, industrial, agricultural and residential buildings,  and  in
    12  the  rehabilitation  of  existing  structures, through heating, cooling,
    13  ventilation, lighting, insulation and design techniques and the  use  of
    14  energy audits and life-cycle costing analysis;
    15    §  3.  Subdivisions  3  and  9 of section 11-102 of the energy law, as
    16  added by chapter 560 of the laws of 2010, are amended, subdivisions  11,
    17  12, 13, 14, and 15 are renumbered to be subdivisions 12, 13, 14, 15, and
    18  16, and a new subdivision 11 is added to read as follows:
    19    3.    ["ASHRAE    90.1-2007."    ANSI/ASHRAE/IESNA]   "ASHRAE   90.1."
    20  ANSI/ASHRAE/IES Standard [90.1-2007] 90.1, entitled "Energy  [Standards]
    21  Standard for Buildings Except Low-Rise Residential Buildings," published
    22  by American Society of Heating, Refrigerating and Air-Conditioning Engi-
    23  neers, Inc.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD12007-04-1

        A. 8143                             2

     1    9.  "Historic building." Any building or structure that is one or more
     2  of the following: (a) listed, or certified as eligible for  listing,  on
     3  the  national  register  of  historic places or on the state register of
     4  historic places, (b) [determined by the commissioner  of  parks,  recre-
     5  ation  and historic preservation to be eligible for listing on the state
     6  register of historic places] designated as historic under an  applicable
     7  state  or  local  law,  or (c) [determined by the commissioner of parks,
     8  recreation and historic preservation to be a contributing building to an
     9  historic district that is listed or eligible for listing on the state or
    10  national registers of historic places, or (d) otherwise  defined  as  an
    11  historic  building  in  regulations adopted by the state fire prevention
    12  and building code council] certified as a contributing resource within a
    13  national register-listed, state register-listed, or  locally  designated
    14  an historic district.
    15    11.  "Life-cycle  cost." An estimate of the total cost of acquisition,
    16  operation, maintenance, and construction of any energy system within  or
    17  related  to a structure over the design life of the structure. "Life-cy-
    18  cle cost" includes, but is not limited to, the cost of fuel,  materials,
    19  machinery, ancillary devices, labor, service, replacement, and repairs.
    20    §  4.  Paragraph  (b)  of  subdivision  1  and subdivisions 2 and 3 of
    21  section 11-103 of the energy law, paragraph  (b)  of  subdivision  1  as
    22  added  and  subdivision  2 as amended by chapter 560 of the laws of 2010
    23  and subdivision 3 as amended by chapter 292 of the  laws  of  1998,  are
    24  amended to read as follows:
    25    (b)  The code shall apply to the construction of any new building. The
    26  code shall also apply to an addition to, and alteration of, any existing
    27  building or building system; provided, however, that the code shall  not
    28  be interpreted to require any unaltered portion of the existing building
    29  or building system to comply with the code. The code shall [not apply to
    30  the  following  provided  that  the  energy  use  of the building is not
    31  increased:
    32    (1) storm windows installed over existing fenestration;
    33    (2) glass only replacements in an existing sash and frame;
    34    (3)  existing  ceiling,  wall  or  floor   cavities   exposed   during
    35  construction provided that these cavities are filled with insulation;
    36    (4)  construction where the existing roof, wall or floor cavity is not
    37  exposed;
    38    (5) reroofing for roofs where neither the sheathing nor the insulation
    39  is exposed; roofs without insulation in the cavity and where the sheath-
    40  ing or insulation is exposed during reroofing shall be insulated  either
    41  above or below the sheathing;
    42    (6) replacement of existing doors that separate conditioned space from
    43  the  exterior  shall  not  require  the  installation  of a vestibule or
    44  revolving door, provided, however, that an existing vestibule that sepa-
    45  rates such conditioned space from the exterior shall not be removed;
    46    (7) alterations that replace less than fifty percent of the luminaires
    47  in a space, provided that such alterations do not increase the installed
    48  interior lighting power;
    49    (8) alterations that replace only the  bulb  and  ballast  within  the
    50  existing  luminaires  in  a  space provided that the alteration does not
    51  increase the installed interior lighting power; and
    52    (9) any other exception] be subject to such other exceptions as may be
    53  adopted by the state fire prevention and building code council  provided
    54  that  such  [exception will] exceptions shall not prevent the attainment
    55  of the compliance goals set forth in section 410(2)(c) of  the  American
    56  Recovery and Reinvestment Act of 2009.

        A. 8143                             3

     1    2.  (a) The state fire prevention and building code council is author-
     2  ized, from time to time as it deems appropriate and consistent with  the
     3  purposes  of  this article, to review and amend the code, or adopt a new
     4  code, through rules and regulations provided that the code remains  cost
     5  effective  with respect to building construction in the state. In deter-
     6  mining whether the code remains cost effective, the code  council  shall
     7  consider  [whether  the cost of materials and their installation to meet
     8  its standards would be equal to or less than the present value of energy
     9  savings that could be expected over a ten year period in the building in
    10  which such materials are installed] (i) whether the life-cycle costs for
    11  a building or structure will be  recovered  through  savings  in  energy
    12  costs over the design life of the building or structure under a life-cy-
    13  cle  cost analysis performed under methodology as established by the New
    14  York state energy research and development authority from time to  time,
    15  and (ii) secondary or societal effects, such as reductions in greenhouse
    16  gas emissions.  For residential buildings, the code shall meet or exceed
    17  the then most recently published International Energy Conservation Code,
    18  or  achieve  equivalent  or  greater  energy savings; and for commercial
    19  buildings, the  code  shall  meet  or  exceed  the  then  most  recently
    20  published  ASHRAE  [90.1-2007]  90.1,  or  achieve equivalent or greater
    21  energy savings.
    22    (b) When adopting the first amended version of the code next following
    23  the effective date of the chapter of the laws of two thousand twenty-one
    24  that added this paragraph, the state fire prevention and  building  code
    25  council  shall  use its best efforts to adopt provisions for residential
    26  buildings that  achieve  energy  savings  greater  than  energy  savings
    27  achieved  by  the  then  most  recently  published  International Energy
    28  Conservation Code and to adopt provisions for commercial buildings  that
    29  achieve  energy savings greater than energy savings achieved by the then
    30  most recently published ASHRAE 90.1, both at levels recommended  by  the
    31  New  York state energy research and development authority, provided that
    32  the state fire prevention and building code council determines that such
    33  advanced energy savings can be achieved while  still  meeting  the  cost
    34  effectiveness considerations contemplated by this subdivision.
    35    3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
    36  prevention and building code council  in  accordance  with  the  mandate
    37  under  this  article shall have exclusive authority among state agencies
    38  to promulgate a  construction  code  incorporating  energy  conservation
    39  features  and clean energy features, including but not limited to green-
    40  house gas reduction.   Any other code,  rule  or  regulation  heretofore
    41  promulgated or enacted by any other state agency, incorporating specific
    42  energy  conservation  and  clean  energy  requirements applicable to the
    43  construction of any building, shall be superseded by the code promulgat-
    44  ed pursuant to this section.
    45    § 5. Subdivision 5 of section 11-104 of the energy law, as amended  by
    46  chapter  560  of the laws of 2010, is amended and a new subdivision 6 is
    47  added to read as follows:
    48    5. The [code shall exempt from such uniform standards and requirements
    49  any historic building as defined in  section  11-102  of  this  article]
    50  state fire prevention and building code council is authorized to provide
    51  exemptions  to  such  uniform  standards  and  requirements for historic
    52  buildings as defined in section 11-102 of this article,  to  the  extent
    53  that  the uniform standards and requirements would threaten, degrade, or
    54  destroy the historic form, fabric, or function of such  historic  build-
    55  ings.

        A. 8143                             4

     1    6.  To the fullest extent feasible, the code shall be designed to help
     2  achieve the state's clean energy and climate agenda, including  but  not
     3  limited  to  greenhouse  gas  reduction,  set  forth  within chapter one
     4  hundred six of the laws of two thousand nineteen, also known as the  New
     5  York  state  climate  leadership  and  community  protection act, and as
     6  further identified by the New York state climate action  council  estab-
     7  lished  pursuant  to  section  75-0103 of the environmental conservation
     8  law.
     9    § 6. The article heading of article 16 of the energy law, as added  by
    10  chapter 431 of the laws of 2005, is amended to read as follows:
    11            APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
    12    §  7. Subdivision 4-a of section 16-102 of the energy law, as added by
    13  chapter 222 of the laws of 2010, is amended to read as follows:
    14    4-a. ["Bottle-type water dispenser" means a water dispenser that  uses
    15  a  bottle  or  reservoir  as the source of potable water.] The following
    16  definitions refer to water coolers:
    17    (a) "Bottle-type" means a water dispenser that uses a bottle or reser-
    18  voir as the source of potable water.
    19    (b) "Water cooler" means a freestanding device that consumes energy to
    20  cool and/or heat potable water.
    21    (c) "Cold only units" means units that dispense cold water only.
    22    (d) "Hot and cold units" means units that dispense both hot  and  cold
    23  water. Some units may also offer room-temperature water.
    24    (e)  "Cook  and  cold  units"  means units that dispense both cold and
    25  room-temperature water.
    26    (f) "Point of use (POU)" means the water  cooler  is  connected  to  a
    27  pressurized water source.
    28    (g) "Conversion-type" means a unit that ships as either bottle-type or
    29  POU  and  includes a conversion kit intended to convert the water cooler
    30  from a bottle-type unit to a POU unit or to convert  a  POU  unit  to  a
    31  bottle-type unit.
    32    (h)  "Storage-type"  means  thermally conditioned water is stored in a
    33  tank in the water cooler and is available instantaneously.
    34    (i) "On demand" means the water cooler heats water as it is requested,
    35  which typically takes a few minutes to deliver.
    36    § 8. Subdivision 11 of section 16-102 of the energy law, as  added  by
    37  chapter 431 of the laws of 2005, is amended to read as follows:
    38    11. "Consumer audio and video product" means a mains-connected product
    39  that  amplifies audio, offers optical, offers disc player functionality,
    40  and/or receives and  plays  audio  and/or  video  content.  Examples  of
    41  consumer  audio  and  video  products include televisions, compact audio
    42  products, digital versatile disc players, digital versatile disc record-
    43  ers, [and] digital television adapters and streaming media players.
    44    § 9. Subdivision 18 of section 16-102 of the energy law, as  added  by
    45  chapter 431 of the laws of 2005, is amended to read as follows:
    46    18.  ["Energy efficiency performance standards"] "Efficiency standard"
    47  means [performance standards which prescribe a minimum level  of  energy
    48  efficiency  determined  in accordance with test procedures prescribed by
    49  the secretary in  consultation  with  the  president]  a  standard  that
    50  defines  performance metrics and/or defines prescriptive design require-
    51  ments in order to reduce energy consumption, reduce  water  consumption,
    52  reduce  greenhouse  gas  emissions,  and/or  increase demand flexibility
    53  associated with the regulated product category.
    54    § 10.  Subdivisions 27-a and 27-b of section 16-102 of the energy law,
    55  as added by chapter 222 of the laws of 2010,  are  amended  to  read  as
    56  follows:

        A. 8143                             5

     1    27-a.  "Portable  electric  spa" means a factory-built electric spa or
     2  hot tub, [supplied with equipment for  heating  and  circulating  water]
     3  which may or may not include any combination of integral controls, water
     4  heating or water circulating equipment.
     5    27-b. "Portable light fixture" means a light fixture which has a flex-
     6  ible cord and an attachment plug for connection to a nominal one hundred
     7  twenty-volt,  fifteen-  or  twenty-ampere  branch  circuit; which can be
     8  relocated by the user without any rewiring;  [and]  which  is  typically
     9  controlled  with  a switch located on the light fixture itself or on the
    10  power cord; and which are  intended  for  use  in  accordance  with  the
    11  national  electrical  code, ANSI/NFPA 70-2002.  "Portable light fixture"
    12  does not include direct plug-in nightlights; sun and heat lamps; aquari-
    13  um lamps; medical and dental lights; portable electric hand lamps; signs
    14  and commercial  advertising  displays;  photographic  lamps;  germicidal
    15  lamps; [metal halide lamp fixtures; torchiere lighting fixtures] illumi-
    16  nated  vanity  mirrors; lava lamps not providing general or task illumi-
    17  nation; industrial work lights rated  for  use  with  a  lamp  providing
    18  greater  than  seven  thousand lumens; portable lamp fixtures for marine
    19  use or for use in hazardous locations as defined in the  national  elec-
    20  trical  code,  ANSI/NFPA  70; or decorative lighting outfits or electric
    21  candles and candelabras without lampshades that are covered by the stan-
    22  dard for safety of seasonal and holiday decorative products, UL 588.
    23    § 11. Subdivision 29-a of section 16-102 of the energy law,  as  added
    24  by chapter 222 of the laws of 2010, is amended to read as follows:
    25    29-a.  "[Residential]  Replacement  dedicated-purpose pool pump motor"
    26  means [a product which is designed or used to circulate and filter resi-
    27  dential swimming pool water in order to maintain clarity and  sanitation
    28  and which consists in part of a motor and an impeller] an electric motor
    29  that:
    30    (a) is single-phase or polyphase;
    31    (b)  has  a dedicated purpose pool pump motor total horsepower of less
    32  than or equal to five horsepower;
    33    (c) is marketed for use as a replacement motor  in  self-priming  pool
    34  filter  pump,  non-self-priming  pool  filter  pump  or pressure cleaner
    35  booster pump applications; and
    36    (d) excludes polyphase replacement dedicated-purpose pool pump  motors
    37  capable  of  operating  without a drive, and is sold or offered for sale
    38  without a drive that converts single-phase power to polyphase power.
    39    § 12. Subdivision 33 of section 16-102 of the energy law, as added  by
    40  chapter 431 of the laws of 2005, is amended to read as follows:
    41    33. "Television (TV)" means [a commercially available electronic prod-
    42  uct  consisting  of  a  tuner/receiver and a monitor encased in a single
    43  housing, which is] an analog or digital  device  primarily  designed  to
    44  receive and display [an analog or digital video television signal broad-
    45  cast  by an antenna, satellite, cable, or broadband source] terrestrial,
    46  satellite, cable, Internet Protocol TV (IPTV),  or  other  broadcast  or
    47  recorded transmissions of analog or digital video and audio signals. TVs
    48  include  combination  TVs,  television  monitors, component TVs, and any
    49  unit that is marketed to the consumer as a TV.   "Television"  does  not
    50  include  [multifunction  TVs which have VCR, DVD, DVR, or EPG functions]
    51  computer monitors.
    52    § 13. Section 16-102 of the energy law is amended  by  adding  thirty-
    53  seven new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
    54  43,  43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57,
    55  58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:

        A. 8143                             6

     1    18-a. "Greenhouse gas" means carbon dioxide, methane,  nitrous  oxide,
     2  hydrofluorocarbons, perfluorocarbons, sulfur hexafluoride, and any other
     3  substance  emitted  into  the  air that may be reasonably anticipated to
     4  cause or contribute to anthropogenic climate change.
     5    18-b. "Demand flexibility" means the capability to schedule, shift, or
     6  curtail  the  electrical  demand  of  a  load-serving  entity's customer
     7  through direct action by the customer  or  through  action  by  a  third
     8  party,  the load-serving entity, or a grid balancing authority, with the
     9  customer's consent.
    10    21-c. "Duv" means a metric that quantifies the  distance  between  the
    11  chromaticity  of  a given light source and a blackbody radiator of equal
    12  correlated color temperature (CCT)  on  a  CIE  1976  (u,  v)  chromatic
    13  diagram  demonstrating how different two light sources of the same color
    14  temperature  appear.
    15    21-d. "Light Emitting Diode  (LED)  lamp"  means  a  lamp  capable  of
    16  producing  light with Duv between -0.012 and 0.012, and that has an E12,
    17  E17,  E26, or GU-24 base, including LED  lamps  that  are  designed  for
    18  retrofit  within  existing recessed can housings that contain one of the
    19  preceding bases. LED lamp does not include a lamp with a  brightness  of
    20  more  than two thousand six hundred lumens or a lamp that cannot produce
    21  light with a correlated  color  temperature  between  two  thousand  two
    22  hundred Kelvin and seven thousand Kelvin.
    23    38. The following definitions refer to air compressors:
    24    (a)  "Air compressor" means a compressor designed to compress air that
    25  has an inlet open to the atmosphere or other source of air, and is  made
    26  up of a compression element (bare compressor), driver or drivers mechan-
    27  ical equipment to drive the compressor element, and any ancillary equip-
    28  ment.
    29    (b)  "Compressor" means a machine or apparatus that converts different
    30  types of energy into the potential energy of gas pressure for  displace-
    31  ment  and  compression  of  gaseous  media to any higher-pressure values
    32  above atmospheric pressure and has a pressure ratio at full-load operat-
    33  ing pressure greater than 1.3.
    34    39. The following definitions refer to air purifiers:
    35    (a) "Air purifier", also known as "room air cleaner", means  an  elec-
    36  tric,  cord-connected,  portable  appliance with the primary function of
    37  removing particulate matter from the air and which  can  be  moved  from
    38  room to room.
    39    (b)  "Industrial  air  purifier"  means  an indoor air cleaning device
    40  manufactured, advertised, marketed, labeled, and used solely for  indus-
    41  trial  use that are marketed solely through industrial supply outlets or
    42  businesses and prominently labeled as "Solely for industrial use. Poten-
    43  tial health hazard: emits ozone."
    44    40. "Commercial dishwasher" means a  machine  designed  to  clean  and
    45  sanitize  plates,  pots, pans, glasses, cups, bowls, utensils, and trays
    46  by applying sprays of detergent solution (with or without blasting media
    47  granules) and a sanitizing rinse and is not a  "compact  dishwasher"  or
    48  "standard  dishwasher" (capacity less than eight place settings plus six
    49  serving pieces as specified in ANSI/AHAM DW-1 using the test load speci-
    50  fied in section 2.7 of appendix C in subpart B of 10 CFR 430.2).
    51    41. "Commercial fryer" means an  appliance  for  non-residential  use,
    52  including  a cooking vessel, in which oil is placed to such a depth that
    53  the cooking food is essentially supported by displacement of the cooking
    54  fluid rather than by the bottom of the vessel. Heat is delivered to  the
    55  cooking  fluid  by means of an immersed electric element of band-wrapped
    56  vessel (electric fryers) or by heat transfer from  gas  burners  through

        A. 8143                             7

     1  either the walls of the fryer or through tubes passing through the cook-
     2  ing fluid (gas fryers).
     3    41-a.  "Commercial  oven" means a chamber designed for heating, roast-
     4  ing, or baking food by conduction, convection, radiation,  and/or  elec-
     5  tromagnetic energy.
     6    42.  "Commercial  steam  cooker"  also known as "compartment steamer",
     7  means a device for non-residential use with one  or  more  food-steaming
     8  compartments in which the energy in the steam is transferred to the food
     9  by  direct  contact.  Models may include countertop models, wall-mounted
    10  models, and floor models mounted on a stand, pedestal, or  cabinet-style
    11  base.
    12    43.  "Computer"  means  a  device that performs logical operations and
    13  processes data. A computer includes both stationary and  portable  units
    14  and  includes  a  desktop  computer,  a  portable all-in-one, a notebook
    15  computer, a mobile  gaming  system,  a  high-expandability  computer,  a
    16  small-scale server, a thin client, and a workstation. Although a comput-
    17  er  is capable of using input devices and displays, such devices are not
    18  required to be included with the computer when the computer is  shipped.
    19  A  computer  is composed of, at a minimum, (a) a central processing unit
    20  (CPU) to perform operations or, if no CPU is present,  then  the  device
    21  must  function as a client gateway to a server, and the server acts as a
    22  computational CPU; (b) the ability to support user input devices such as
    23  a keyboard, mouse, or touch pad; and (c) an integrated display screen or
    24  the ability to support an external display screen to output information.
    25  The term "computer" does not include a tablet, a game console,  a  tele-
    26  vision,  a  device  with  an  integrated  and primary display that has a
    27  screen size of twenty square inches or  less,  a  server  other  than  a
    28  small-scale server, or an industrial computer.
    29    43-a.  "Computer  monitor"  means  an analog or digital device of size
    30  greater than or equal to seventeen inches and  less  than  or  equal  to
    31  sixty-one inches, that has a pixel density of greater than five thousand
    32  pixels  per  square inch, and that is designed primarily for the display
    33  of computer-generated signals for viewing by one person in a  desk-based
    34  environment.  A  computer  monitor  is  composed of a display screen and
    35  associated  electronics.  A  computer  monitor  does  not  include,  (a)
    36  displays  with  integrated  or replaceable batteries designed to support
    37  primary operation without AC mains or external DC power (e.g. electronic
    38  readers,  mobile  phones,  portable  tablets,  battery-powered   digital
    39  picture frames); or (b) a television or signage display.
    40    44. "General service lamp" shall include the following definitions:
    41    (a)  "Compact fluorescent lamp (CFL)" means an integrated or non-inte-
    42  grated single-base, low-pressure mercury, electric-discharge  source  in
    43  which  a  fluorescing  coating transforms some of the ultraviolet energy
    44  generated by the mercury discharge  into  light;  this  term  shall  not
    45  include circline or U-shaped lamps.
    46    (b)  "General service incandescent lamp" means a standard incandescent
    47  or halogen type lamp that is intended for general service  applications,
    48  has  a  medium  screw  base,  has  a  lumen range of not less than three
    49  hundred ten lumens and not more than two thousand six hundred lumens, or
    50  in the case of a modified spectrum lamp, not less than two hundred thir-
    51  ty-two lumens and not more than one thousand nine hundred fifty  lumens,
    52  and  is  capable of being operated at a voltage range at least partially
    53  within one hundred ten and one hundred thirty volts; provided,  however,
    54  that  this  definition  shall  not  apply  to the following incandescent
    55  lamps:
    56    (i) Appliance lamps;

        A. 8143                             8

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

        A. 8143                             9

     1    (xiv) Mine service lamps;
     2    (xv)  MR  shape lamps that have a first number symbol equal to sixteen
     3  (diameter equal to two inches) as defined in ANSI C79.1-2002, operate at
     4  twelve volts and have a lumen output greater than or equal to 800;
     5    (xvi) Other fluorescent lamps;
     6    (xvii) Plant light lamps;
     7    (xviii) R20 short lamps;
     8    (xix) Reflector lamps that  have  a  first  number  symbol  less  than
     9  sixteen  (diameter  less  than two inches) as defined in ANSI C79.1-2002
    10  and that do  not  have  E26/E24,  E26d,  E26/50x39,  E26/53x39,  E29/28,
    11  E29/53x39, E39, E39d, EP39, or EX39 bases;
    12    (xx)  S  shape  or  G shape lamps that have a first number symbol less
    13  than or equal to 12.5 (diameter less than or equal to 1.5625 inches)  as
    14  defined in ANSI C79.1-2002;
    15    (xxi) Sign service lamps;
    16    (xxii) Silver bowl lamps;
    17    (xxiii) Showcase lamps;
    18    (xxiv) Specialty MR lamps;
    19    (xxv) T shape lamps that have a first number symbol less than or equal
    20  to  8  (diameter  less  than  or  equal  to one inch) as defined in ANSI
    21  C79.1-2002, nominal overall length less than twelve inches, and that are
    22  not compact fluorescent lamps; and
    23    (xxvi) Traffic signal lamps.
    24    (d) "General service light-emitting diode (LED) lamp" means  an  inte-
    25  grated  or  non-integrated LED lamp designed for use in general lighting
    26  applications and that uses light-emitting diodes as the  primary  source
    27  of light.
    28    (e) "General service organic light-emitting diode (OLED) lamp" means a
    29  thin-film  light-emitting  device that typically consists of a series of
    30  organic layers between two electrical contacts (electrodes).
    31    (f) "Incandescent reflector lamp" or "reflector lamp" means  any  lamp
    32  in  which  light is produced by a filament heated to incandescence by an
    33  electric current, which: contains an inner  reflective  coating  on  the
    34  outer  bulb  to  direct  the  light; is not colored; is not designed for
    35  rough or vibration service applications; is not an R20 short  lamp;  has
    36  an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw
    37  base;  has a rated voltage or voltage range that lies at least partially
    38  in the range of one hundred fifteen and one hundred thirty volts; has  a
    39  diameter that exceeds 2.25 inches; and has a rated wattage that is forty
    40  watts or higher.
    41    45.  "Federally  exempt  fluorescent  lamp"  means  any  linear  lamps
    42  excluded from the definition of general service fluorescent lamps in  10
    43  CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI line-
    44  ar  fluorescent  lamps, impact-resistant linear fluorescent lamps, cold-
    45  temperature linear fluorescent lamps, and  less  than  four-foot  linear
    46  fluorescent lamps.
    47    46. The following definitions refer to portable air conditioners:
    48    (a)  "Portable  air  conditioner"  means  a portable encased assembly,
    49  other than a packaged terminal air conditioner, room air conditioner, or
    50  dehumidifier, that delivers  cooled,  conditioned  air  to  an  enclosed
    51  space,  and  is  powered by single-phase electric current. Such portable
    52  air conditioner includes a source of refrigeration and may include addi-
    53  tional means for air circulation and heating and may be a single-duct or
    54  a dual-duct portable air conditioner.
    55    (b) "Single-duct portable air conditioner" means a portable air condi-
    56  tioner that draws all of the condenser inlet air  from  the  conditioned

        A. 8143                            10

     1  space  without  the  means of a duct and discharges the condenser outlet
     2  air outside the conditioned space through a single-duct attached  to  an
     3  adjustable window bracket.
     4    (c)  "Dual-duct  portable air conditioner" means a portable air condi-
     5  tioner that draws some or all of the condenser inlet  air  from  outside
     6  the  conditioned  space  through a duct attached to an adjustable window
     7  bracket, may draw additional condenser inlet air  from  the  conditioned
     8  space,  and  discharges the condenser outlet air outside the conditioned
     9  space by means of a separate  duct  attached  to  an  adjustable  window
    10  bracket.
    11    46-a.  "Residential  ventilating  fan" means a fan with the purpose to
    12  actively supply air to or remove air from the  inside  of  a  residence.
    13  This  includes ceiling and wall-mounted fans or remotely mounted in-line
    14  fans designed to be used in a bathroom  or  utility  room,  supply  fans
    15  designed  to provide air to indoor space and kitchen range hoods. Supply
    16  fans may also be designed to filter incoming air.
    17    47. "Telephone" means an electronic product whose primary  purpose  is
    18  to  transmit  and  receive  sound  over a distance using a voice or data
    19  network.
    20    48. The following definitions refer to faucets and showerheads:
    21    (a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet,
    22  public lavatory faucet, or replacement aerator for  a  lavatory,  public
    23  lavatory or kitchen faucet.
    24    (b)  "Public lavatory faucet" means a fitting intended to be installed
    25  in nonresidential bathrooms that are exposed to walk-in traffic.
    26    (c) "Metering faucet" means a faucet that, when turned on, will gradu-
    27  ally shut itself off over a period of several seconds.
    28    (d) "Replacement aerator" means an  aerator  sold  as  a  replacement,
    29  separate from the faucet to which it is intended to be attached.
    30    (e)  "Showerhead" means a device through which water is discharged for
    31  a shower bath and includes a hand-held showerhead but does not include a
    32  safety shower showerhead.
    33    (f) "Hand-held showerhead" means a showerhead  that  can  be  held  or
    34  fixed  in place for the purpose of spraying water onto a bather and that
    35  is connected to a flexible hose.
    36    49. The following definitions refer to urinals and water closets:
    37    (a) "Plumbing fixture" means an exchangeable device, which connects to
    38  a plumbing system to deliver and drain away water and waste.
    39    (b) "Urinal" means a plumbing fixture that receives only  liquid  body
    40  waste and, conveys the waste through a trap into a drainage system.
    41    (c)  "Water closet" means a plumbing fixture having a water-containing
    42  receptor that receives liquid and solid body waste  through  an  exposed
    43  integral trap into a drainage system.
    44    (d) "Dual-flush effective flush volume" means the average flush volume
    45  of two reduced flushes and one full flush.
    46    (e)  "Dual-flush  water  closet"  means a water closet incorporating a
    47  feature that allows the user to flush the water  closet  with  either  a
    48  reduced or a full volume of water.
    49    (f)  "Trough-type urinal" means a urinal designed for simultaneous use
    50  by two or more persons.
    51    50. The following definitions refer to spray sprinkler bodies:
    52    (a) "Pressure regulator" means a device that maintains constant  oper-
    53  ating  pressure  immediately  downstream  from  the device, given higher
    54  pressure upstream.

        A. 8143                            11

     1    (b) "Spray sprinkler body" means the  exterior  case  or  shell  of  a
     2  sprinkler  incorporating  a  means  of  connection  to the piping system
     3  designed to convey water to a nozzle or orifice.
     4    51."Uninterruptable  power  supply" means a battery charger consisting
     5  of a combination of convertors,  switches  and  energy  storage  devices
     6  (such  as batteries), constituting a power system for maintaining conti-
     7  nuity of load power in case of input power failure.
     8    52. "Commercial battery charger system (BCS)" or "state-regulated BCS"
     9  means a battery charger coupled with its batteries or  battery  chargers
    10  coupled  with  their batteries, which together are referred to as state-
    11  regulated battery charger systems. This  term  covers  all  rechargeable
    12  batteries  or devices incorporating a rechargeable battery and the char-
    13  gers used with them.   Battery charger  systems  include,  but  are  not
    14  limited to:
    15    (a)  electronic  devices with a battery that are normally charged from
    16  AC line voltage or DC input voltage  through  an  internal  or  external
    17  power supply and a dedicated battery charger;
    18    (b)  the  battery  and  battery charger components of devices that are
    19  designed to run on battery power during part or all of their operations;
    20    (c) dedicated battery systems primarily  designed  for  electrical  or
    21  emergency backup; and
    22    (d)  devices whose primary function is to charge batteries, along with
    23  the batteries they are designed to charge. These units include  chargers
    24  for  power tool batteries and chargers for automotive, AA, AAA, C, D, or
    25  9V rechargeable batteries, as well as chargers  for  batteries  used  in
    26  larger industrial motive equipment and a la carte chargers.
    27    The  charging  circuitry  of battery charger systems may or may not be
    28  located within the housing of the end-use device itself. In many  cases,
    29  the  battery  may be charged with a dedicated external charger and power
    30  supply combination that is separate from the device that runs  on  power
    31  from the battery. State-regulated battery charger systems do not include
    32  federally regulated battery chargers that are covered under standards in
    33  10 C.F.R. section 430.32(z).
    34    53.    "Business  entity"  means any corporation, association, limited
    35  liability company, partnership, limited partnership,  limited  liability
    36  partnership, or other legal entity of any kind or description.
    37    54.  "Manufactured  home"  has  the  meaning  ascribed to that term by
    38  subdivision seven of section six hundred one of the executive law.
    39    55. "Recreational vehicle" means a van or  utility  vehicle  used  for
    40  recreational purposes.
    41    56.  "Uniform  code"  means the New York state uniform fire prevention
    42  and building code adopted pursuant to article eighteen of the  executive
    43  law.
    44    57.  "Energy  code"  means  the  New  York  state  energy conservation
    45  construction code adopted pursuant to article eleven of this chapter.
    46    58. "Electric vehicle supply equipment (EVSE)"  means  equipment  that
    47  supplies  electricity in an appropriate form to storage devices, includ-
    48  ing batteries and super capacitators, that are part  of  electric  vehi-
    49  cles.  Such term shall include equipment that performs this function and
    50  equipment that is embedded in electric vehicles.
    51    59. "Electric vehicle" means an on-road vehicle that draws electricity
    52  for propulsion from a traction battery with a least five  kilowatt-hours
    53  (kWh) of capacity, and uses an external source of energy to recharge the
    54  battery.  Such  term  shall  include  a  plug-in hybrid electric vehicle
    55  (PHEV) with a second source of energy  for  propulsion,  and  a  battery

        A. 8143                            12

     1  electric  vehicle  (BEV), which is powered solely by externally supplied
     2  electricity stored on-board such electric vehicle.
     3    60.  "Commercial  clothes dryer" means a clothes dryer designed to dry
     4  fabrics in a  tumble-type  drum  with  forced  air  circulation  and  is
     5  designed for use in:
     6    (a)  Applications  in  which  the occupants of more than one household
     7  will be using the clothes dryer, including multi-family  housing  common
     8  areas and coin laundries; or
     9    (b) Other commercial applications.
    10    61. "Commercial and industrial fans and blowers" means a rotary-bladed
    11  machine  used  to  convert  power  to air power, with a brake horsepower
    12  greater than or equal to either one kilowatt or one horsepower,  and  an
    13  air  horsepower  less  than  or equal to one hundred fifty, and used for
    14  commercial and industrial purposes.
    15    62.  "Imaging  equipment"  means  copiers,  printers,  scanners,   fax
    16  machines, and multifunction devices used both in homes and businesses.
    17    63.  "Landscape  irrigation  controller"  means  a  device intended to
    18  remotely control valves to operate an irrigation system for  landscapes,
    19  which  may consist of grass, shrubs, trees and/or other vegetation. This
    20  term shall not include devices that are typically  sold  separately  and
    21  used  primarily for other purposes, such as a network router, and may be
    22  used incidentally for a landscape irrigation controller. This term shall
    23  not include battery powered hose-end timers or devices used primarily in
    24  agricultural applications.
    25    64. "Outdoor lighting" means electrical lighting  used  to  illuminate
    26  outdoor  areas,  including parking lots, streetlights, highways and area
    27  luminaires.
    28    65. "Plug-in luminous signs" means  a  self-contained,  luminous  sign
    29  unit  that  plugs  into 120V AC building mains power and is intended for
    30  indoor use only. Signs may be intended for use in commercial outlets  in
    31  business establishments or in residences.
    32    66. "Small network equipment" means a device whose primary function is
    33  to  pass internet protocol (IP) traffic among various network interfaces
    34  or ports intended for use in residential and small business settings.
    35    67. "Tub spout diverters" means the following definitions:
    36    (a) A bath and shower diverter whose diverter mechanism is located  in
    37  the tub spout; and/or
    38    (b) Bath and shower diverter means a device used to direct the flow of
    39  water  either  toward  a tub spout or toward a secondary outlet intended
    40  for showering purposes, including a showerhead or body spray.
    41    § 14. Section 16-104 of the energy law, as added by chapter 431 of the
    42  laws of 2005, subdivision 1 as amended by chapter 222  of  the  laws  of
    43  2010, is amended to read as follows:
    44    §  16-104.  Applicability,  conduct prohibited.   1. The provisions of
    45  this article apply to the establishment of, testing for compliance with,
    46  certification of compliance with, and enforcement of  efficiency  stand-
    47  ards for the following new products which are sold, or offered for sale,
    48  leased  or offered for lease, rented or offered for rent or installed or
    49  offered to install in New York state: (a) automatic commercial ice  cube
    50  machines;  (b)  ceiling  fan  light kits; (c) commercial pre-rinse spray
    51  valves; (d) commercial refrigerators, freezers  and  refrigerator-freez-
    52  ers;  (e) consumer audio and video products; (f) illuminated exit signs;
    53  (g) incandescent reflector lamps; (h)  very  large  commercial  packaged
    54  air-conditioning  and heating equipment; (i) metal halide lamp fixtures;
    55  (j) pedestrian traffic signal modules; (k) power supplies; (l) torchiere
    56  lighting fixtures;  (m)  unit  heaters;  (n)  vehicular  traffic  signal

        A. 8143                            13

     1  modules;  (o) portable light fixtures; (p) bottle-type water dispensers;
     2  (q) commercial hot food holding cabinets; (r)  portable  electric  spas;
     3  [and]  (s) [residential] replacement dedicated-purpose pool [pumps] pump
     4  motors; (t) air compressors; (u) air purifiers; (v) commercial dishwash-
     5  ers;  (w) commercial fryers; (x) commercial steam cookers; (y) computers
     6  and computer monitors; (z) general service lamps; (aa) federally  exempt
     7  fluorescent  lamps;  (bb)  portable  air  conditioners; (cc) residential
     8  ventilating fans; (dd) telephones; (ee) faucets; (ff) showerheads;  (gg)
     9  urinals; (hh) water closets; (ii) sprinkler bodies; (jj) uninterruptable
    10  power  supplies;  (kk) light emitting diode lamps; (ll) electric vehicle
    11  supply equipment; (mm) commercial battery charger systems; (nn)  commer-
    12  cial  ovens;  (oo) commercial clothes dryers; (pp) commercial and indus-
    13  trial fans and blowers; (qq) imaging  equipment;  (rr)  landscape  irri-
    14  gation  controllers; (ss) outdoor lighting; (tt) plug-in luminous signs;
    15  (uu) small network equipment; (vv) tub spout  diverters;  (ww)  products
    16  for  which  efficiency standards shall have been established pursuant to
    17  paragraph (b) or (c) of subdivision one of section 16-106 of this  arti-
    18  cle; and (xx) products that are subject to any federal efficiency stand-
    19  ard  referred  to in section 16-105 of this article that shall have been
    20  continued in this state pursuant to such section 16-105.
    21    2. No person or business entity shall sell[,] or offer for sale, lease
    22  or offer to lease, or rent or offer to rent,  or  install  or  offer  to
    23  install  in  New  York  state any new product of the types enumerated in
    24  paragraphs (a) through (vv) of subdivision one of this section,  or  any
    25  [of  the]  new [products identified] product for which efficiency stand-
    26  ards shall have been established pursuant to paragraph  (b)  or  (c)  of
    27  subdivision  [four]  one of section 16-106 of this article, [unless: (a)
    28  the product meets minimum energy performance standards adopted  pursuant
    29  to  this  article  upon  the  effective  date of such standards; and, if
    30  required by regulations promulgated] or any new product that is  subject
    31  to  any  federal  efficiency  standard that shall have been continued in
    32  this state pursuant to [this] section[, (b)  the  manufacturer  of  such
    33  product certifies that the product meets said minimum energy performance
    34  standards.] 16-105 of this article, unless:
    35    (a)  the  product  meets  the  efficiency standards applicable to such
    36  product as of the date of manufacture of such  product  or  as  of  such
    37  other date as may be determined in accordance with the regulation estab-
    38  lishing the standard for such product; and
    39    (b)  if  required by regulations adopted pursuant to this article, the
    40  manufacturer of such product certifies that the product meets said effi-
    41  ciency standards. As used within this subdivision, reference to any  new
    42  product means any individual product subject to the requirements of this
    43  article.
    44    3.  The  prohibitions  contained in [subdivisions one and] subdivision
    45  two of this section shall not apply to:
    46    (a) products manufactured in the state and sold outside the state;
    47    (b) products manufactured outside the  state  and  sold  at  wholesale
    48  inside the state for final retail sale outside the state;
    49    (c)  products  installed in [mobile] manufactured homes at the time of
    50  construction; or
    51    (d) products designed expressly for installation  and  use  in  recre-
    52  ational vehicles.
    53    § 15. The energy law is amended by adding a new section 16-105 to read
    54  as follows:
    55    §  16-105.  Adoption  of  certain federal efficiency standards. 1. The
    56  federal efficiency standard established in 10CFR Parts 430 and  431,  as

        A. 8143                            14

     1  in effect on January first, two thousand eighteen shall be applicable to
     2  products  which  are  subject  to  such federal efficiency standards and
     3  which are sold, offered for sale, or installed in  New  York  state.  So
     4  long  as  such  federal efficiency standards remain in effect as federal
     5  efficiency standards, they shall be enforced as provided by federal law.
     6    2. If any federal efficiency standard referred to in  subdivision  one
     7  of  this  section is withdrawn, repealed, voided, or otherwise ceases to
     8  remain in effect as a federal efficiency standard:
     9    (a) such efficiency standard shall be deemed to be continued  in  this
    10  state  and shall be deemed to be an efficiency standard adopted pursuant
    11  to this article;
    12    (b) the president shall file with the secretary a written  description
    13  of such efficiency standard, the terms and conditions of such efficiency
    14  standard, and the product or products that are subject to such efficien-
    15  cy  standard,  such  description  to  be in a format consistent with the
    16  regulations adopted pursuant to this article and in form  acceptable  to
    17  the  secretary,  together  with a certificate, in form acceptable to the
    18  secretary, signed and dated by the president and  certifying  that  such
    19  efficiency standard is no longer in effect as a federal efficiency stan-
    20  dard,  that  such  efficiency standard continues in effect in this state
    21  pursuant to this section, and that such efficiency standard  is  adopted
    22  pursuant to this section;
    23    (c)  the  secretary  shall  cause such written description and certif-
    24  ication to be published in the state register, and shall cause the offi-
    25  cial compilation of codes, rules and regulations of  the  state  of  New
    26  York to include such written description;
    27    (d)  the president shall be authorized to adopt regulations establish-
    28  ing procedures for testing the  energy  reduction,  water  conservation,
    29  greenhouse gas reduction, and/or increased demand flexibility associated
    30  with such product;
    31    (e)  the president shall be authorized to adopt regulations establish-
    32  ing procedures for manufacturers of such product to  certify  that  such
    33  product meets such efficiency standard, if the president determines that
    34  such manufacturer's certifications should be required; and
    35    (f)  the  president  shall be authorized to adopt regulations amending
    36  such efficiency standard from time to time, including  regulations  that
    37  repeal  such  efficiency standard, decrease the stringency of such effi-
    38  ciency standard, or increase the stringency of such efficiency standard.
    39    3. The actions to be taken pursuant  to  paragraphs  (b)  and  (c)  of
    40  subdivision  two  of  this  section to confirm that a federal efficiency
    41  standard that shall have  been  withdrawn,  repealed,  voided,  or  that
    42  otherwise  shall have ceased to remain in effect as a federal efficiency
    43  standard, continues to be applicable  in  this  state,  and  is  adopted
    44  pursuant  to  this  section,  shall be exempt from the provisions of the
    45  state administrative procedure act, and the certification  to  be  filed
    46  pursuant  to  paragraph  (c) of subdivision two of this section shall so
    47  state.
    48    4. This section shall not apply to any federal efficiency standard set
    49  aside by a court upon the petition of a person  who  will  be  adversely
    50  affected, as provided in 42 U.S.C. § 6306(b).
    51    § 16. Section 16-106 of the energy law, as added by chapter 431 of the
    52  laws  of 2005, paragraph (c) of subdivision 2 as added by chapter 222 of
    53  the laws of 2010 and subdivision 4 as amended by chapter 69 of the  laws
    54  of 2020, is amended to read as follows:
    55    §  16-106. [Administration of article] Powers and duties of the presi-
    56  dent and the secretary. 1. The [secretary,  in  consultation  with  the]

        A. 8143                            15

     1  president[,]  in consultation with the secretary shall have and be enti-
     2  tled to exercise the following powers and duties:
     3    (a)  To  [establish  energy] adopt regulations establishing efficiency
     4  [performance] standards  for  the  products  listed  in  paragraphs  (a)
     5  through  (vv)  of  subdivision  one  of  section 16-104 of this article,
     6  including but not limited to, establishing [energy] efficiency [perform-
     7  ance] standards for power supplies in the active mode and  no-load  mode
     8  or  other such products while in the active mode and in the standby-pas-
     9  sive-mode[.
    10    (b) To promulgate regulations to achieve the purposes of this  article
    11  provided  however  that  no energy efficiency performance standard shall
    12  become effective for a product less than one hundred eighty  days  after
    13  it  shall  become  final,  provided,  however,  that no standard adopted
    14  pursuant to this article shall go  into  effect  if  federal  government
    15  energy  efficiency  performance standards regarding such product preempt
    16  state standards unless preemption has been waived  pursuant  to  federal
    17  law;
    18    (c)  To  administer and enforce the provisions of this article and any
    19  rule or regulation promulgated thereunder or order issued pursuant ther-
    20  eto;
    21    (d) To order, pursuant to section 16-104 of this article, the  immedi-
    22  ate  cessation  of  any  distribution, sale or offer for sale, import or
    23  installation of any product for which  the  secretary,  in  consultation
    24  with  the  president,  determines that the certification of such product
    25  listed in subdivision one of section 16-104 of this article was achieved
    26  in violation of section 16-108 of this article];
    27    (b)  To  adopt  regulations  establishing  efficiency  standards   for
    28  products  not  specifically  listed  in  paragraphs  (a) through (vv) of
    29  subdivision one of section 16-104 of this  article,  provided  that  the
    30  president  determines  that establishing such efficiency standards would
    31  serve to promote energy reduction, water  conservation,  greenhouse  gas
    32  reduction, and/or increased demand flexibility associated with the regu-
    33  lated  product categories in this state. Any regulation adopted pursuant
    34  to this paragraph may include  provisions  establishing  procedures  for
    35  testing the efficiency of the covered products and provisions establish-
    36  ing  procedures  for  manufacturers of such product to certify that such
    37  products meet the efficiency standards, if the president determines that
    38  such manufacturer's certifications should be required;
    39    (c) To review efficiency standards as adopted from  time  to  time  by
    40  other  states  for products not listed in paragraphs (a) through (vv) of
    41  subdivision one of section 16-104 of this article, and  to  adopt  regu-
    42  lations  establishing  efficiency  standards similar to those adopted by
    43  any other state for such products, provided that  the  president  deter-
    44  mines that establishing such efficiency standards would serve to promote
    45  energy  reduction,  water conservation, greenhouse gas reduction, and/or
    46  increased demand flexibility associated with the regulated product cate-
    47  gories in this state. Any regulation adopted pursuant to this  paragraph
    48  may include provisions establishing procedures for testing the efficien-
    49  cy  of  the  covered products and provisions establishing procedures for
    50  manufacturers of such product to certify that  such  products  meet  the
    51  efficiency  standards, if the president determines that such manufactur-
    52  er's certifications should be required;
    53    (d) To adopt regulations to achieve the purposes of this article;
    54    (e) To conduct investigations, test, and obtain data with  respect  to
    55  research  experiments and demonstrations, and to collect and disseminate

        A. 8143                            16

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

        A. 8143                            17

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

        A. 8143                            18

     1  consultation with the] president[,] shall adopt regulations  in  accord-
     2  ance  with  the provisions of this article establishing [energy perform-
     3  ance] efficiency standards for such [product on or before January first,
     4  two thousand eight] products.
     5    (b)  With  respect  to  the types of products [defined] referred to in
     6  paragraphs (a), (d), (h) and (i) of subdivision [seven] one  of  section
     7  [16-102]  16-104  of  this  article  (very  large commercial package air
     8  conditioning and heating equipment[), subdivision nine of section 16-102
     9  of this article (], commercial refrigerators,  freezers  and  refrigera-
    10  tor-freezers[), subdivision twenty-three of section 16-102 of this arti-
    11  cle  (],  metal  halide lamp fixtures[) and subdivision three of section
    12  16-102 of this article (], and automatic  commercial  ice-cube  makers),
    13  the  [secretary shall issue] regulations adopted by the president pursu-
    14  ant to paragraph [a] (a) of this subdivision [establishing energy] shall
    15  establish the following efficiency  [performance]  standards  [for  such
    16  products  at  the  following levels] and [with] the following compliance
    17  dates:
    18    (i) [very] Very large commercial package air conditioning and  heating
    19  equipment. Each very large commercial package air conditioning and heat-
    20  ing  equipment  sold, offered for sale or installed in New York state on
    21  or after January first, two thousand [ten] twenty-two shall, when tested
    22  according to the test standard specified in Air-Conditioning and Refrig-
    23  eration Institute standard 340/360-2004, meet the following standards:
    24    (A) The minimum energy efficiency  ratio  of  air-cooled  central  air
    25  conditioners  at or above two hundred forty thousand BTU per hour (cool-
    26  ing capacity) and less than seven hundred sixty thousand  BTU  per  hour
    27  (cooling capacity) shall be
    28    (I) 10.0 for equipment with no heating or electric resistance heating;
    29  and[;]
    30    (II)  9.8  for  equipment with all other heating system types that are
    31  integrated into the equipment  (at  a  standard  rating  of  ninety-five
    32  degrees Fahrenheit dB).
    33    (B)  the  minimum  energy  efficiency  ratio of air-cooled central air
    34  conditioner heat pumps at or above two hundred forty  thousand  BTU  per
    35  hour  (cooling  capacity) and less than seven hundred sixty thousand BTU
    36  per hour (cooling capacity) shall be
    37    (I) 9.5 for equipment with no heating or electric resistance  heating;
    38  and
    39    (II)  9.3  for  equipment with all other heating system types that are
    40  integrated into the equipment  (at  a  standard  rating  of  ninety-five
    41  degrees Fahrenheit dB).
    42    (C)  the  minimum  coefficient  of  performance in the heating mode of
    43  air-cooled central air conditioning heat pumps at or above  two  hundred
    44  forty  thousand  BTU  per  hour  (cooling  capacity) and less than seven
    45  hundred sixty thousand BTU per hour (cooling capacity) shall be 3.2  (at
    46  a high temperature rating of forty-seven degrees Fahrenheit dB)[;].
    47    (ii) [commercial] Commercial refrigerators, [and] freezers, and refri-
    48  gerator-freezers.  (A) Each commercial refrigerator, freezer, and refri-
    49  gerator-freezer with a self-contained condensing unit designed for hold-
    50  ing temperature applications sold, offered for sale or installed in  New
    51  York  state  on  or  after  January first, two thousand [ten] twenty-two
    52  shall have a daily energy consumption (in kilowatt hours per day) not to
    53  exceed:
    54    (I) refrigerators with solid doors 0.10 V + 2.04
    55    (II) refrigerators with transparent doors 0.12 V + 3.34
    56    (III) freezers with solid doors 0.40 V + 1.38

        A. 8143                            19

     1    (IV) freezers with transparent doors 0.75 V + 4.10
     2    (V)   refrigerators/freezers   with   solid   doors  the  greater  of:
     3  0.27AV-0.71 or 0.70.
     4    (B) Each commercial refrigerator with a self-contained condensing unit
     5  designed for pull-down temperature applications sold, offered  for  sale
     6  or  installed  in New York state on or after January first, two thousand
     7  [ten] twenty-two shall have a  daily  energy  consumption  (in  kilowatt
     8  hours per day) not to exceed: refrigerators with transparent doors 0.126
     9  V + 3.51.
    10    (iii)  [metal]  Metal  halide  lamp  fixtures.  Each metal halide lamp
    11  fixture that is sold, offered for sale or installed in New York state on
    12  or after January first, two thousand [eight] twenty-two and  that  oper-
    13  ates  a  lamp  in  a  vertical position (including fixtures that operate
    14  lamps rated for use within fifteen degrees  of  vertical)  and  that  is
    15  capable  of  operating  lamps rated equal to or greater than one hundred
    16  fifty Watts and less than or equal  to  five  hundred  Watts  shall  not
    17  contain a probe start metal-halide ballast.
    18    (iv)  [automatic]  Automatic commercial ice-cube maker. Each automatic
    19  commercial ice-cube maker, that produces cube-type ice  with  capacities
    20  between  fifty and two thousand five hundred pounds per twenty-four hour
    21  period sold, offered for sale or installed in New York state on or after
    22  January first, two thousand [ten] twenty-two, when tested  according  to
    23  the test standard specified in air-conditioning and refrigeration insti-
    24  tute  standard  810-2003,  as  in  effect on January first, two thousand
    25  five, shall meet the following standard levels:
    26    (A) H means the harvest rate in  pounds  per  twenty-four  hours.  For
    27  water-cooled equipment, water use is for the condenser only and does not
    28  include potable water used to make ice.
    29    (B)  For  ice making head water-cooled equipment the maximum condenser
    30  water use in gal/one hundred pounds of ice shall be 200-0.022H  and  the
    31  maximum energy use with a harvest rate of:
    32    (I) < 500 shall be   7.8-0.0055H;
    33    (II) 500 and < 1,436 shall be 5.58-0.0044H
    34    (III) 1,436 and < 2,500 shall be 4.0
    35    (C)  For  ice  making head air-cooled equipment the maximum energy use
    36  with a harvest rate of:
    37    (I) < 450 shall be   10.26-0.0086H;
    38    (II) 450 and < 2,500 shall be 6.89-0.0011H
    39    (D) For remote condensing but not remote compressor air-cooled  equip-
    40  ment the maximum energy use with a harvest rate of:
    41    (I) < 1,000 shall be  8.85 - 0.0038H;
    42    (II) 1,000 and < 2,500 shall be 5.10
    43    (E)  For  remote condensing and remote compressor air-cooled equipment
    44  the maximum energy use with a harvest rate of:
    45    (I) < 934 lbs shall be   8.85 - 0.0038H;
    46    (II) 934 and < 2,500 shall be 5.3
    47    (F) For self-contained water-cooled equipment  the  maximum  condenser
    48  water  use  in gal/100 lbs of Ice shall be 191 - 0.0315H and the maximum
    49  energy use with a harvest rate of:
    50    (I) < 200 shall be   11.4 - 0.019H;
    51    (II) 200 and < 2,500 shall be 7.6
    52    (G) For self-contained air-cooled equipment  the  maximum  energy  use
    53  with a harvest rate of:
    54    (I) < 175 shall be   18.0 - 0.0469H
    55    (II) 175 and < 2,500 shall be 9.8

        A. 8143                            20

     1    [(c)  On or before December thirty-first, two thousand ten, the secre-
     2  tary, in consultation with the president,  shall  adopt  regulations  in
     3  accordance  with the provisions of this article establishing: (i) energy
     4  efficiency performance standards for new products of the types set forth
     5  in  paragraphs  (o)  through (s) of subdivision one of section 16-104 of
     6  this article; (ii) procedures for testing the energy efficiency  of  the
     7  products  covered  by  paragraphs  (o) through (s) of subdivision one of
     8  section 16-104 of this article; (iii) procedures  for  manufacturers  to
     9  certify  that products covered by paragraphs (o) through (s) of subdivi-
    10  sion one of section 16-104 of this article meet  the  energy  efficiency
    11  standards  promulgated under this article; and (iv) such further matters
    12  as are necessary to insure the proper implementation and enforcement  of
    13  the  provisions  of this article with respect to the products covered by
    14  paragraphs (o) through (s) of subdivision one of section 16-104 of  this
    15  article.]
    16    3. Subsequent to adopting regulations pursuant to subdivisions one and
    17  two  of  this  section, the [secretary, in consultation with the] presi-
    18  dent, in consultation with the secretary, may  amend  such  regulations,
    19  including increasing the stringency of the [energy] efficiency [perform-
    20  ance] standards[, provided however that no energy efficiency performance
    21  standard  shall  become  effective  for  a product less than one hundred
    22  eighty days after it shall become final].
    23    4. By March fifteenth of two thousand twenty-one,  the  secretary  and
    24  the president shall produce a report to the governor, the speaker of the
    25  assembly, the temporary president of the senate, the chair of the assem-
    26  bly  committee on energy and the chair of the senate committee on energy
    27  and telecommunications on the status of regulations establishing  [ener-
    28  gy]  efficiency  [performance] standards pursuant to this article, which
    29  shall indicate for each product enumerated in subdivision one of section
    30  16-104 of this article the status of the implementation of [performance]
    31  efficiency standards. The report shall  also  set  forth  the  estimated
    32  potential  annual  reductions  in  energy use and potential utility bill
    33  savings resulting from adopted [performance]  efficiency  standards  for
    34  the  years two thousand twenty-five and two thousand thirty-five and the
    35  potential cumulative reductions in energy use through the year two thou-
    36  sand thirty-five. Such report shall be updated by March  fifteenth,  two
    37  thousand thirty and a copy shall be posted by March fifteenth, two thou-
    38  sand  thirty  on  the  websites  of  the authority and the department of
    39  state.
    40    5. (a) In addition to all other powers  and  authority  given  to  the
    41  secretary  by  this article, the secretary shall have and be entitled to
    42  exercise the following powers and duties:
    43    (i) To request the president to conduct investigations to determine if
    44  products covered by efficiency standards adopted pursuant to this  arti-
    45  cle comply with such efficiency standards; to consult with the president
    46  in  connection  with the president's performance of such investigations;
    47  to request the president to  conduct  tests  to  determine  if  products
    48  covered  by efficiency standards adopted pursuant to this article comply
    49  with such efficiency standards; and to request the  president's  cooper-
    50  ation in connection with enforcement proceedings conducted by the secre-
    51  tary pursuant to this article;
    52    (ii)  To  order  the  immediate cessation of any distribution, sale or
    53  offer for sale, lease or offer to lease, rent or offer to rent,  import,
    54  or  offer  to  import,  or  installation or offer of installation of any
    55  product listed in paragraphs (a) through  (vv)  of  subdivision  one  of
    56  section  16-104  of this article, or of any product for which efficiency

        A. 8143                            21

     1  standards shall have been established pursuant to paragraph (b)  or  (c)
     2  of  subdivision one of this section, or any product that is subject to a
     3  federal efficiency standard that shall have been continued in this state
     4  pursuant to section 16-105 of this article, if the secretary, in consul-
     5  tation  with  the  president, determines that such product does not meet
     6  the applicable efficiency standard or if such product does  not  satisfy
     7  the   testing  procedures  or  manufacturer's  certification  procedures
     8  adopted pursuant to the regulations authorized by this article;
     9    (iii) To accept grants or funds for  purposes  of  administration  and
    10  enforcement of this article;
    11    (iv)  To  impose,  after  notice and an opportunity to be heard, civil
    12  penalties and/or injunctive relief for any violation of this article  or
    13  any regulation adopted pursuant to this article. Any penalties collected
    14  by  the  secretary  under  this  section  shall be placed in the account
    15  established under section ninety-seven-www of  the  state  finance  law,
    16  relating to the consumer protection account; and
    17    (v)  To  adopt  such  rules  and regulations as the secretary may deem
    18  necessary or appropriate for the purpose of carrying out the powers  and
    19  duties granted to the secretary by this article.
    20    (b) The secretary may exercise the powers and authority granted to the
    21  secretary  by  this subdivision, or by any other provision of this arti-
    22  cle, through the consumer protection division established by the  secre-
    23  tary  pursuant  to section ninety-four-a of the executive law or through
    24  such other divisions, officers, or employees of the department of  state
    25  as the secretary may designate from time to time.
    26    § 17. The energy law is amended by adding a new section 16-107 to read
    27  as follows:
    28    §  16-107. Subpoenas, information and document production, enforcement
    29  procedures, referrals.  1. (a) In addition to all other powers  provided
    30  by  this  article,  the  secretary or his or her designee shall have the
    31  power and authority to subpoena any  person  or  business  entity  doing
    32  business  in  this state and bring such person or business entity before
    33  such officer or person in the department of state as may  be  designated
    34  in such subpoena, and to administer an oath to and take testimony of any
    35  person or cause any person's deposition to be taken.
    36    (b)  In  addition  to  all  other powers provided by this article, the
    37  president or his or her designee shall have the power and  authority  to
    38  subpoena  any person or business entity in this state to compel testimo-
    39  ny, the protection of documents, or both, and bring such  person  before
    40  such  officer  or  person  in the authority as may be designated in such
    41  subpoena, and to administer an oath to and take testimony of any  person
    42  or cause any person's deposition to be taken.
    43    (c) A subpoena issued under this subdivision shall be regulated by the
    44  civil  practice  law and rules, and is in addition to and not in limita-
    45  tion of the power to make information and document requests under subdi-
    46  vision two of this section.
    47    2. Any person or business entity that sells or offers for sale, leases
    48  or offers for lease, rents or offers for rent, or installs or offers  to
    49  install,  manufactures  or  tests in New York state any new product of a
    50  type listed in paragraphs (a) through (vv) of subdivision one of section
    51  16-104 of this article, or any new product for which  efficiency  stand-
    52  ards  shall  have  been  established pursuant to paragraph (b) or (c) of
    53  subdivision one of section 16-106 of this article, or any  product  that
    54  is  subject to federal efficiency standards that shall have been contin-
    55  ued in this state pursuant to section 16-105 of this article,  shall  be
    56  obliged,  on the request of the secretary or his or her designee, or the

        A. 8143                            22

     1  request of the president or his or her designee, to supply the secretary
     2  and/or the president with such information and documentation as  may  be
     3  required  concerning  such  person's or such business entity's business,
     4  business  practices, or business methods, or proposed business practices
     5  or methods. The obligations contained  in  this  subdivision  shall  not
     6  apply  to  any  person or business entity that sells or offers for sale,
     7  leases or offers for lease, rents or offers for  rent,  or  installs  or
     8  offers  to  install  only  products  described  in  subdivision three of
     9  section 16-104 of this article. The power to make information and  docu-
    10  ment  requests  is  in addition to and not in limitation of the power to
    11  issue subpoenas.
    12    3. A subpoena may be  issued  pursuant  to  subdivision  one  of  this
    13  section,  and  a  request  for information and documentation may be made
    14  pursuant to subdivision two of this section, at  any  time  and  in  any
    15  situation,  without  regard to whether such subpoena or request is or is
    16  not issued or made in connection with an investigation conducted by  the
    17  president or an enforcement proceeding conducted by the secretary.
    18    4. The secretary shall, before ordering the immediate cessation of any
    19  distribution,  sale  or offer for sale, lease or offer to lease, rent or
    20  offer to rent, import or offer to import, or installation  or  offer  of
    21  installation  of  any product, or imposing any civil penalty, injunctive
    22  relief, or other relief pursuant to this  article  upon  any  person  or
    23  business  entity  who  is alleged to be in violation of any provision of
    24  this article or of any regulation adopted pursuant to this article,  and
    25  at least ten days prior to the date set for the hearing, notify in writ-
    26  ing and shall afford such person or business entity an opportunity to be
    27  heard  in person or by counsel in reference thereto. Such written notice
    28  may be served by delivery of same personally,  or  by  mailing  same  by
    29  certified  mail  to  the  last  known business address of such person or
    30  business entity, or by any method authorized by the civil  practice  law
    31  and  rules.  The hearing on such charges shall be at such time and place
    32  as the department of state shall  prescribe.  A  hearing  held  by  this
    33  subdivision shall be held pursuant to the state administrative procedure
    34  act, and any applicable regulations adopted by the secretary.
    35    5.  A  final  action  of the secretary in imposing a civil penalty, or
    36  other order, may be subject to review by a proceeding  instituted  under
    37  article  seventy-eight  of  the  civil  practice  law  and  rules at the
    38  instance of the person or business entity aggrieved. Final actions  that
    39  may  be  subject  to  judicial review under article seventy-eight of the
    40  civil practice law and rules include:
    41    (a) a determination that a person or business entity is  in  violation
    42  of any provision of this article or of any regulation adopted under this
    43  article;
    44    (b)  an  order  directing the immediate cessation of the sale or offer
    45  for sale, installation or offer to install, lease  or  offer  to  lease,
    46  rent  or  offer  to  rent,  or  import  any  product in violation of any
    47  provision of this article or of any regulation adopted under this  arti-
    48  cle;
    49    (c) an order granting or imposing any other type of injunctive relief;
    50  and
    51    (d)  the  imposition  of a civil penalty, excluding any consent order,
    52  any determination made in a consent order and any civil  penalty  and/or
    53  injunctive relief imposed by a consent order.
    54    6.  In  addition  to  all  other  powers provided by this article, the
    55  secretary and the president, are authorized, individually or jointly, to
    56  refer the results of any investigation conducted by the president pursu-

        A. 8143                            23

     1  ant to this article to the attorney general and to request the  attorney
     2  general to institute, in the name of the secretary and/or the president,
     3  an  action  or proceeding to enforce the provisions of this article. The
     4  attorney general shall, at the request of the secretary or president, or
     5  may,  on his or her own initiative, institute proceedings to enforce the
     6  provisions of this article including the imposition of  civil  penalties
     7  or injunctive relief.  Nothing in this subdivision shall limit or impair
     8  the  power  and  authority  of  the  secretary  to  conduct  enforcement
     9  proceedings, to issue orders pursuant to paragraph  (b)  of  subdivision
    10  five of section 16-106 of this article, and to impose penalties pursuant
    11  to section 16-108 of this article.
    12    § 18. Section 16-108 of the energy law, as added by chapter 431 of the
    13  laws of 2005, is amended to read as follows:
    14    §  16-108. Violations, civil liability.  1. Any person who or business
    15  entity that issues:
    16    (a) a certification that a product listed in  paragraphs  (a)  through
    17  (vv)  of subdivision one of section 16-104 of this article complies with
    18  the [energy] efficiency standards for such  product  established  by  or
    19  pursuant to this article[,];
    20    (b)  a  certification  that  a  product  not  listed in paragraphs (a)
    21  through (vv) of subdivision  one  of  section  16-104  of  this  article
    22  complies with efficiency standards for such product established pursuant
    23  to  paragraph  (b)  or  (c) of subdivision one of section 16-104 of this
    24  article; or
    25    (c) a certification that a product that is subject  to  federal  effi-
    26  ciency  standards  that shall have been continued in this state pursuant
    27  to section 16-105 of this article complies with such  efficiency  stand-
    28  ards,  knowing that such product does not comply with [those] such effi-
    29  ciency standards, shall be liable for a civil penalty of not  more  than
    30  ten  thousand  dollars for each such product certified and an additional
    31  penalty of not more than ten thousand dollars for each day during  which
    32  such violation continues.
    33    2.  Any  person who or business entity that violates the provisions of
    34  subdivision two of section 16-104 of this article,  or  [who]  fails  to
    35  perform  any duty imposed by this article, or [who] violates or fails to
    36  comply with any rule, regulation, determination, or order [of]  adopted,
    37  made, or issued by the president or the secretary [of state promulgated]
    38  pursuant  to  this  article,  shall be liable for a civil penalty of not
    39  more than five hundred dollars for each such violation and an additional
    40  civil penalty of not more than one hundred dollars for each  day  during
    41  which such violation continues, and, in addition thereto, such person or
    42  business entity may be enjoined from continuing such violation.
    43    3.  [The secretary may cause an investigation to be made of complaints
    44  received concerning violations of this article and may refer the results
    45  of such investigations to the attorney  general.  The  attorney  general
    46  shall,  at  the request of the secretary, or may, on his own initiative,
    47  institute proceedings to enforce the provisions of this article.
    48    4.] An action or cause of action for the recovery of a  penalty  under
    49  this  section  may be settled or compromised in an amount to be approved
    50  by the secretary either before  or  after  proceedings  are  brought  to
    51  recover such penalties and prior to the entry for judgment therefor.
    52    § 19. The energy law is amended by adding a new section 16-109 to read
    53  as follows:
    54    §  16-109.  Conflicts  with other laws.  Nothing in this article or in
    55  any regulation adopted pursuant to this article shall limit, impair,  or
    56  supersede  the  provisions  of  subdivision one of section three hundred

        A. 8143                            24

     1  eighty-three of the executive law or the provisions of subdivision three
     2  of section 11-103 of this chapter.
     3    §  20.  Subparagraphs  14  and 15 of paragraph (a) of subdivision 3 of
     4  section 94-a of the executive law, as added by section 21 of part  A  of
     5  chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
     6  added to read as follows:
     7    (14)  cooperate  with  and assist consumers in class actions in proper
     8  cases; [and]
     9    (15) create an internet website or webpage pursuant to  section  three
    10  hundred  ninety-c  of  the  general business law[.], as added by chapter
    11  five hundred nine of the laws of two thousand seven; and
    12    (16) exercise such powers and duties granted to the secretary by arti-
    13  cle sixteen of the energy law as the secretary  may  direct,  including,
    14  but  not  limited  to: consult with such president of the New York state
    15  energy research and development authority in  connection  with  investi-
    16  gations  conducted  by such president pursuant to article sixteen of the
    17  energy law; make determinations relating to compliance by products  with
    18  the  standards  adopted  pursuant  to article sixteen of the energy law;
    19  order the immediate cessation of any distribution,  sale  or  offer  for
    20  sale,  import,  or  installation  of any product that does not meet such
    21  standards; and impose civil penalties as contemplated by article sixteen
    22  of the energy law.
    23    § 21. The opening paragraph and paragraphs a and c  of  subdivision  1
    24  and subdivision 3 of section 374 of the executive law, the opening para-
    25  graph  of  subdivision  1 as amended by chapter 309 of the laws of 1996,
    26  paragraph a of subdivision 1 as amended by section 96 of  subpart  B  of
    27  part  C  of  chapter  62  of  the laws of 2011 and as further amended by
    28  section 104 of part A of chapter 62 of the laws of 2011, paragraph c  of
    29  subdivision  1 as amended by chapter 920 of the laws of 1985, and subdi-
    30  vision 3 as added by chapter 707 of the laws of  1981,  are  amended  to
    31  read as follows:
    32    There  is  hereby created and established in the department of state a
    33  council, to be known as the state  fire  prevention  and  building  code
    34  council. Such council shall consist of the secretary of state, as chair-
    35  man,  the  state fire administrator, the president of the New York state
    36  energy research and development authority, and [fifteen]  sixteen  other
    37  members to be appointed as follows:
    38    a.  [Two]  Three  members, to be appointed by the governor, from among
    39  the  commissioners  of  [the  departments   of   economic   development,
    40  corrections  and community supervision, education, health, labor, mental
    41  health and social services, office  of  general  services,  division  of
    42  housing  and  community  renewal,] economic development; corrections and
    43  community supervision; education; health; labor; mental health;  general
    44  services;  housing  and  community  renewal; environmental conservation;
    45  parks, recreation and historic preservation; and temporary and disabili-
    46  ty assistance; and the superintendent of financial services.
    47    c. Seven members, to be appointed by the governor with the advice  and
    48  consent of the senate, one of whom shall be a fire service official, one
    49  of  whom shall be a registered architect, one of whom shall be a profes-
    50  sional engineer, one of whom shall be a code enforcement  official,  one
    51  of  whom  shall  represent  builders,  one of whom shall represent trade
    52  unions, and one of whom shall be a person with a disability  as  defined
    53  in  section  two  hundred  ninety-two of this chapter who would directly
    54  benefit from the provisions of [article thirteen of] the  state  uniform
    55  fire  prevention and building code relating to accessibility. The regis-
    56  tered architect and professional engineer  shall  be  duly  licensed  to

        A. 8143                            25

     1  practice  their  respective  professions in the state of New York. After
     2  the certification of code enforcement personnel pursuant to this chapter
     3  shall have begun said code enforcement official shall be so certified.
     4    3.  (a)  The  council shall meet at least quarterly at the call of the
     5  chairman. Additional meetings may be called upon at  least  five  [days]
     6  days' notice by the chairman or by petition of five members of the coun-
     7  cil.
     8    (b) Notwithstanding the provisions of any other law to the contrary, a
     9  majority, but no fewer than seven, of the members of the council then in
    10  office,  gathered  together in the presence of each other or through the
    11  use of videoconferencing, at a meeting duly held at a time fixed by  law
    12  or  by  any  by-law  duly adopted by the council, or at any meeting duly
    13  held upon reasonable notice to  all  members  of  the  council  then  in
    14  office,  or at any duly adjourned meeting of such meeting, shall consti-
    15  tute a quorum, and a majority, but no fewer than seven, of  the  members
    16  of  the  council  then  in  office  may  perform and exercise any power,
    17  authority, or duty of the council at any such meeting or adjourned meet-
    18  ing.
    19    § 22. Subdivision 2 of section 97-www of the  state  finance  law,  as
    20  amended  by  section  53 of part A of chapter 62 of the laws of 2011, is
    21  amended to read as follows:
    22    2. Such account shall consist of all penalties received by the depart-
    23  ment of state pursuant to section three  hundred  ninety-nine-z  of  the
    24  general  business  law,  section  16-106 of the energy law and any addi-
    25  tional monies appropriated, credited or transferred to such  account  by
    26  the Legislature. Any interest earned by the investment of monies in such
    27  account shall be added to such account, become part of such account, and
    28  be used for the purposes of such account.
    29    §  23. This act shall take effect immediately; provided, however, that
    30  sections six through twenty and section twenty-two  of  this  act  shall
    31  take  effect on the one hundred eightieth day after it shall have become
    32  a law; provided, however,  that  the  amendments  to  subdivision  4  of
    33  section  16-106  of  the  energy law made by section sixteen of this act
    34  shall not affect the repeal of such  subdivision  and  shall  be  deemed
    35  repealed  therewith.  Effective  immediately,  the  addition, amendment,
    36  and/or repeal of any rule or regulation necessary for the timely  imple-
    37  mentation of this act on or before its effective date are hereby author-
    38  ized to be made and completed on or before such effective date.
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