S T A T E O F N E W Y O R K
________________________________________________________________________
407
2009-2010 Regular Sessions
I N S E N A T E
(PREFILED)
January 7, 2009
___________
Introduced by Sen. ROBACH -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the energy law, in relation to energy efficiency
performance standards for general purpose lighting products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The energy law is amended by adding a new article 15 to
2 read as follows:
3 ARTICLE 15
4 GENERAL PURPOSE LIGHTING PRODUCTS ENERGY
5 EFFICIENCY PERFORMANCE STANDARDS
6 SECTION 15-101. DEFINITIONS.
7 15-103. APPLICABILITY, CONDUCT PROHIBITED.
8 15-105. ADMINISTRATION OF ARTICLE.
9 S 15-101. DEFINITIONS. AS USED IN THIS ARTICLE:
10 1. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH AND DEVELOP-
11 MENT AUTHORITY.
12 2. "ENERGY EFFICIENCY PERFORMANCE STANDARDS" MEANS PERFORMANCE STAND-
13 ARDS WHICH PRESCRIBE A MINIMUM LEVEL OF ENERGY EFFICIENCY DETERMINED IN
14 ACCORDANCE WITH TEST PROCEDURES PRESCRIBED BY THE SECRETARY IN CONSULTA-
15 TION WITH THE PRESIDENT.
16 3. "GENERAL PURPOSE LIGHTING PRODUCTS" MEANS AND INCLUDES INCANDESCENT
17 LAMPS, INCLUDING CLEAR, FROST SOFT WHITE AND ENHANCED SPECTRUM LAMPS,
18 FLUORESCENT LAMPS, COMPACT FLUORESCENT LAMPS AND HALOGEN LAMPS.
19 4. "PRESIDENT" MEANS THE PRESIDENT OF THE NEW YORK STATE ENERGY
20 RESEARCH AND DEVELOPMENT AUTHORITY.
21 5. "SECRETARY" MEANS THE SECRETARY OF STATE.
22 S 15-103. APPLICABILITY, CONDUCT PROHIBITED. 1. THE PROVISIONS OF THIS
23 ARTICLE SHALL APPLY TO THE TESTING, CERTIFICATION AND ENFORCEMENT OF
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03494-02-9
S. 407 2
1 ENERGY EFFICIENCY PERFORMANCE STANDARDS FOR GENERAL PURPOSE LIGHTING
2 PRODUCTS WHICH ARE SOLD OR OFFERED FOR SALE IN NEW YORK STATE.
3 2. NO PERSON SHALL SELL OR OFFER FOR SALE IN NEW YORK STATE ANY NEW
4 GENERAL PURPOSE LIGHTING PRODUCT UNLESS: (A) THE PRODUCT MEETS MINIMUM
5 ENERGY EFFICIENCY PERFORMANCE STANDARDS ADOPTED PURSUANT TO THIS ARTICLE
6 UPON THE EFFECTIVE DATE OF SUCH STANDARDS; AND (B) IF REQUIRED BY RULES
7 OR REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE, THE MANUFACTURER
8 OF SUCH PRODUCT CERTIFIES THAT THE PRODUCT MEETS SUCH MINIMUM ENERGY
9 PERFORMANCE STANDARDS.
10 S 15-105. ADMINISTRATION OF ARTICLE. THE SECRETARY, IN CONSULTATION
11 WITH THE PRESIDENT, SHALL HAVE AND BE ENTITLED TO EXERCISE THE FOLLOWING
12 POWERS AND DUTIES:
13 1. TO ESTABLISH ENERGY EFFICIENCY PERFORMANCE STANDARDS FOR GENERAL
14 PURPOSE LIGHTING PRODUCTS;
15 2. TO PROMULGATE RULES AND REGULATIONS TO ACHIEVE THE PURPOSES OF THIS
16 ARTICLE PROVIDED HOWEVER THAT NO ENERGY EFFICIENCY PERFORMANCE STANDARD
17 SHALL BECOME EFFECTIVE FOR GENERAL PURPOSE LIGHTING PRODUCTS LESS THAN
18 ONE HUNDRED EIGHTY DAYS AFTER SUCH STANDARD SHALL BECOME FINAL,
19 PROVIDED, HOWEVER, THAT NO STANDARD ADOPTED PURSUANT TO THIS ARTICLE
20 SHALL GO INTO EFFECT IF FEDERAL GOVERNMENT ENERGY EFFICIENCY PERFORMANCE
21 STANDARDS REGARDING GENERAL PURPOSE LIGHTING PRODUCTS PREEMPT STATE
22 STANDARDS UNLESS PREEMPTION HAS BEEN WAIVED PURSUANT TO FEDERAL LAW;
23 3. TO ADMINISTER AND ENFORCE THE PROVISIONS OF THIS ARTICLE AND ANY
24 RULE OR REGULATION PROMULGATED PURSUANT TO SUCH ARTICLE;
25 4. TO CONDUCT INVESTIGATIONS, TESTS AND OBTAIN DATA WITH RESPECT TO
26 RESEARCH EXPERIMENTS AND DEMONSTRATIONS, AND TO COLLECT AND DISSEMINATE
27 INFORMATION REGARDING THE PURPOSES TO BE ACHIEVED PURSUANT TO THIS
28 ARTICLE;
29 5. TO ACCEPT GRANTS OR FUNDS FOR PURPOSES OF ADMINISTRATION OF THIS
30 ARTICLE;
31 6. TO IMPOSE A FINE AND/OR IMPOSE INJUNCTIVE RELIEF FOR ANY VIOLATION
32 OF THIS ARTICLE AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD;
33 7. THE SECRETARY AND THE PRESIDENT SHALL CONSULT WITH THE APPROPRIATE
34 FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO THE FEDERAL DEPARTMENT
35 OF ENERGY, INDUSTRY AND OTHER POTENTIALLY AFFECTED PARTIES IN CARRYING
36 OUT THE PROVISIONS OF THIS ARTICLE.
37 S 2. This act shall take effect immediately.