Bill Text: NY S01186 | 2013-2014 | General Assembly | Amended


Bill Title: Relates to appliance and equipment energy efficiency standards; requires new or replacement consumer audio and video products purchased by or for the state or any agency thereof shall meet or exceed certain requirements.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Vetoed) 2013-09-27 - VETOED MEMO.219 [S01186 Detail]

Download: New_York-2013-S01186-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1186--B
           Cal. No. 99
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
         printed to be committed to the Committee on  Energy  and  Telecommuni-
         cations  --  reported  favorably from said committee, ordered to first
         and second report, ordered to a third  reading,  amended  and  ordered
         reprinted, retaining its place in the order of third reading -- passed
         by  Senate and delivered to the Assembly, recalled, vote reconsidered,
         restored to third reading, amended and  ordered  reprinted,  retaining
         its place in the order of third reading
       AN ACT to amend the state finance law and the energy law, in relation to
         appliance and equipment energy efficiency standards
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 165 of the state finance law is amended by adding a
    2  new subdivision 9 to read as follows:
    3    9. CONSUMER AUDIO AND VIDEO PRODUCTS AS DEFINED IN SUBDIVISION  ELEVEN
    4  OF SECTION 16-102 OF THE ENERGY LAW PURCHASED BY OR FOR THE STATE OR ANY
    5  AGENCY THEREOF SHALL MEET OR EXCEED THE FOLLOWING REQUIREMENTS:  A. THAT
    6  SUCH  PRODUCTS MEET THE ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL
    7  (EPEAT) GOLD STANDARDS FOR ENVIRONMENTAL PERFORMANCE FOR AT LEAST  NINE-
    8  TY-FIVE PERCENT OF PRODUCTS PURCHASED IN ALL RELEVANT ELECTRONIC PRODUCT
    9  CATEGORIES, UNLESS THERE IS NO EPEAT GOLD STANDARD FOR SUCH PRODUCT;
   10    B.    THAT  SUCH  PRODUCTS  MEET THE CURRENT VERSION OF THE APPLICABLE
   11  ENERGY STAR STANDARD;
   12    C. THAT POLICIES ARE ESTABLISHED AND IMPLEMENTED TO EXTEND THE  USEFUL
   13  LIFE OF THE AGENCY ELECTRONIC EQUIPMENT;
   14    D.  THAT  ENVIRONMENTALLY  SOUND  PRACTICES  ARE  USED WITH RESPECT TO
   15  DISPOSITION OF AGENCY ELECTRONIC EQUIPMENT THAT HAS REACHED THE  END  OF
   16  ITS USEFUL LIFE; AND
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03667-07-3
       S. 1186--B                          2
    1    E.  THAT  SUCH  PRODUCTS ARE LIFE-CYCLE COST-EFFECTIVE AND PRACTICABLE
    2  AND WHERE THE RELEVANT PRODUCT'S UTILITY AND PERFORMANCE ARE NOT COMPRO-
    3  MISED AS A RESULT.
    4    S  2.  Paragraph  (a) of subdivision 2 of section 16-106 of the energy
    5  law, as added by chapter 431 of the laws of 2005, is amended to read  as
    6  follows:
    7    (a)   On   or  before  [June  thirtieth,  two  thousand  six]  JANUARY
    8  THIRTY-FIRST, TWO THOUSAND FOURTEEN, the secretary, in consultation with
    9  the president, shall adopt regulations in accordance with the provisions
   10  of this article establishing: (i) energy efficiency  performance  stand-
   11  ards  for  new products of the types set forth in paragraphs (a) through
   12  (n) of subdivision one of section  16-104  of  this  article,  with  the
   13  exception  of  such [paragraph] PARAGRAPHS (E) (CONSUMER AUDIO AND VIDEO
   14  PRODUCTS) AND (g) (incandescent reflector lamps);  (ii)  procedures  for
   15  testing  the energy efficiency of the products covered by paragraphs (a)
   16  through (n) of subdivision one of section 16-104 of this article;  (iii)
   17  procedures for manufacturers to certify that products covered under this
   18  article  meet  the  energy  efficiency standards to be promulgated under
   19  this article; and (iv) such further matters as are necessary  to  insure
   20  the  proper  implementation  and  enforcement  of the provisions of this
   21  article.  WITH RESPECT TO CONSUMER AUDIO, VIDEO AND INFORMATION TECHNOL-
   22  OGY PRODUCTS, INCLUDED  IN  SUBDIVISION  NINE  OF  SECTION  ONE  HUNDRED
   23  SIXTY-FIVE OF THE STATE FINANCE LAW, THE SECRETARY, IN CONSULTATION WITH
   24  THE  PRESIDENT,  SHALL  CONDUCT  A  STUDY TO DETERMINE WHETHER AN ENERGY
   25  PERFORMANCE STANDARD FOR SUCH PRODUCT SHOULD BE ESTABLISHED, TAKING INTO
   26  ACCOUNT FACTORS INCLUDING BUT NOT LIMITED TO, THE  POTENTIAL  IMPACT  ON
   27  ELECTRICITY USAGE, PRODUCT AVAILABILITY, MANUFACTURING COST, INNOVATION,
   28  PRODUCT  CONVERGENCE,  PRODUCT  FEATURES  AND FUNCTION, AND CONSUMER AND
   29  ENVIRONMENTAL BENEFITS. BASED ON THE RECOMMENDATIONS OF SUCH STUDY,  THE
   30  SECRETARY,  IN CONSULTATION WITH THE PRESIDENT, MAY ADOPT REGULATIONS IN
   31  ACCORDANCE WITH THE  PROVISIONS  OF  THIS  ARTICLE  ESTABLISHING  ENERGY
   32  PERFORMANCE   STANDARDS   FOR   SUCH   PRODUCTS  ON  OR  BEFORE  JANUARY
   33  THIRTY-FIRST,  TWO  THOUSAND  FOURTEEN.  With  respect  to  incandescent
   34  reflector lamps, included in paragraph (g) of subdivision one of section
   35  16-104  of  this article, the secretary, in consultation with the presi-
   36  dent, shall conduct a study to determine whether  an  energy  efficiency
   37  performance standard for such product should be established, taking into
   38  account  factors  including  the  potential impact on electricity usage,
   39  product availability and consumer and environmental benefits. If  it  is
   40  determined  based on this study that such a standard would reduce energy
   41  use and would not be preempted by the federal  law,  the  secretary,  in
   42  consultation  with  the president, shall adopt regulations in accordance
   43  with the provisions of  this  article  establishing  energy  performance
   44  standards  for  such  product  on  or before January first, two thousand
   45  eight.
   46    S 3. This act shall take effect immediately; provided,  however,  that
   47  no  energy  efficiency performance standard shall become effective for a
   48  product less than one hundred eighty days after such  energy  efficiency
   49  performance standard shall become final.
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