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.