Bill Text: NY S09405 | 2021-2022 | General Assembly | Introduced


Bill Title: Establishes the "advanced building codes, appliance and equipment efficiency standards act"; 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 2-0)

Status: (Passed) 2022-07-05 - SIGNED CHAP.374 [S09405 Detail]

Download: New_York-2021-S09405-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          9405

                    IN SENATE

                                      May 24, 2022
                                       ___________

        Introduced  by  Sen.  PARKER -- 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, the executive law and the state finance
          law, in relation to establishing the "advanced building codes,  appli-
          ance and equipment efficiency standards act of 2022"

          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  2022".
     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.
    24    9.  "Historic  building."  Any  building  that  is  one or more of the
    25  following: (a) listed, or certified as  eligible  for  listing,  on  the
    26  national register of historic places or on the state register of histor-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15946-01-2

        S. 9405                             2

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

        S. 9405                             3

     1  code,  through rules and regulations provided that the code remains cost
     2  effective with respect to building construction in the state. In  deter-
     3  mining  whether  the code remains cost effective, the code council shall
     4  consider  [whether  the cost of materials and their installation to meet
     5  its standards would be equal to or less than the present value of energy
     6  savings that could be expected over a ten year period in the building in
     7  which such materials are installed] (i) whether the life-cycle costs for
     8  a building will be recovered through savings in energy  costs  over  the
     9  design  life  of the building under a life-cycle cost analysis performed
    10  under methodology as established by the New York state  energy  research
    11  and  development authority in regulations which may be updated from time
    12  to time, and (ii) secondary or societal effects, such as  reductions  in
    13  greenhouse  gas emissions, as defined in regulations. Before publication
    14  of a notice of proposed rule  making  establishing  the  methodology  or
    15  defining  secondary  or societal effects, the president of the authority
    16  shall conduct public meetings to provide  meaningful  opportunities  for
    17  public  comment  from  all  segments  of  the  population  that would be
    18  impacted by the regulations, including persons living  in  disadvantaged
    19  communities  as  identified  by the climate justice working group estab-
    20  lished under section 75-0111 of the environmental conservation law.  For
    21  residential buildings, the code shall  meet  or  exceed  the  then  most
    22  recently  published  International  Energy Conservation Code, or achieve
    23  equivalent or greater energy savings; and for commercial buildings,  the
    24  code  shall  meet  or  exceed  the  then  most recently published ASHRAE
    25  [90.1-2007] 90.1, or achieve equivalent or greater energy savings.
    26    (b) When adopting the first amended version of the code next following
    27  the effective date of the chapter of the laws of two thousand twenty-two
    28  that added this paragraph and  any  subsequent  codes,  the  state  fire
    29  prevention and building code council shall use its best efforts to adopt
    30  provisions for residential buildings that achieve energy savings greater
    31  than  energy savings achieved by the then most recently published Inter-
    32  national Energy Conservation Code and to adopt provisions for commercial
    33  buildings that  achieve  energy  savings  greater  than  energy  savings
    34  achieved by the then most recently published ASHRAE 90.1, both at levels
    35  recommended  by  the  New  York  state  energy  research and development
    36  authority, provided that the state fire  prevention  and  building  code
    37  council  determines  that  such  advanced energy savings can be achieved
    38  while still meeting the cost effectiveness  considerations  contemplated
    39  by this subdivision.
    40    3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
    41  prevention and building code council  in  accordance  with  the  mandate
    42  under  this  article shall have exclusive authority among state agencies
    43  to promulgate a  construction  code  incorporating  energy  conservation
    44  features and clean energy features applicable to the construction of any
    45  building,  including  but  not limited to greenhouse gas reduction.  Any
    46  other code, rule or regulation heretofore promulgated or enacted by  any
    47  other state agency, incorporating specific energy conservation and clean
    48  energy  requirements  applicable  to  the  construction of any building,
    49  shall be superseded by the code promulgated pursuant  to  this  section.
    50  Notwithstanding  the  foregoing, nothing in this section shall be deemed
    51  to expand the powers of the council to include matters that  are  exclu-
    52  sively  within  the statutory jurisdiction of the public service commis-
    53  sion, the department of environmental conservation, the office of renew-
    54  able energy siting or another state entity.

        S. 9405                             4

     1    § 5. Subdivision 5 of section 11-104 of the energy law, as amended  by
     2  chapter  560  of the laws of 2010, is amended and a new subdivision 6 is
     3  added to read as follows:
     4    5. The [code shall exempt from such uniform standards and requirements
     5  any  historic  building  as  defined  in section 11-102 of this article]
     6  state fire prevention and building code council,  in  consultation  with
     7  the  commissioner  of  the  department of parks, recreation and historic
     8  preservation, is authorized to adopt exemptions to such  uniform  stand-
     9  ards  and  requirements  for  historic  buildings  as defined in section
    10  11-102 of this article, to the extent that  the  uniform  standards  and
    11  requirements  would  threaten,  degrade,  or  destroy the historic form,
    12  fabric, or function of such historic buildings.
    13    6. To the fullest extent feasible, the standards for  construction  of
    14  buildings  in  the  code  shall  be designed to help achieve the state's
    15  clean energy and climate agenda, including but not limited to greenhouse
    16  gas reduction, set forth within chapter one hundred six of the  laws  of
    17  two  thousand nineteen, also known as the New York state climate leader-
    18  ship and community protection act, and as further identified by the  New
    19  York  state  climate  action  council  established  pursuant  to section
    20  75-0103 of the environmental conservation law.
    21    § 6. The article heading of article 16 of the energy law, as added  by
    22  chapter 431 of the laws of 2005, is amended to read as follows:
    23            APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
    24    §  6-a.  Section  16-102  of the energy law is amended by adding a new
    25  subdivision 1-a to read as follows:
    26    1-a. "Product" means any appliance or equipment, other  than  a  motor
    27  vehicle, which in operation consumes or is designed to consume energy or
    28  to  result  in  the  consumption  of energy, including any water-related
    29  appliance, equipment or fixture that is designed to consume or result in
    30  the consumption of energy in its operation or use.
    31    § 7. Subdivision 4-a of section 16-102 of the energy law, as added  by
    32  chapter 222 of the laws of 2010, is amended to read as follows:
    33    4-a.  ["Bottle-type water dispenser" means a water dispenser that uses
    34  a bottle or reservoir as the source of  potable  water.]  The  following
    35  definitions refer to water coolers:
    36    (a) "Bottle-type" means a water dispenser that uses a bottle or reser-
    37  voir as the source of potable water.
    38    (b) "Water cooler" means a freestanding device that consumes energy to
    39  cool and/or heat potable water.
    40    (c) "Cold only units" means units that dispense cold water only.
    41    (d)  "Hot  and cold units" means units that dispense both hot and cold
    42  water. Some units may also offer room-temperature water.
    43    (e) "Cook and cold units" means units  that  dispense  both  cold  and
    44  room-temperature water.
    45    (f)  "Point  of  use  (POU)"  means the water cooler is connected to a
    46  pressurized water source.
    47    (g) "Conversion-type" means a unit that ships as either bottle-type or
    48  POU and includes a conversion kit intended to convert the  water  cooler
    49  from  a  bottle-type  unit  to  a POU unit or to convert a POU unit to a
    50  bottle-type unit.
    51    (h) "Storage-type" means thermally conditioned water is  stored  in  a
    52  tank in the water cooler and is available instantaneously.
    53    (i) "On demand" means the water cooler heats water as it is requested,
    54  which typically takes a few minutes to deliver.
    55    §  8.  Subdivision 11 of section 16-102 of the energy law, as added by
    56  chapter 431 of the laws of 2005, is amended to read as follows:

        S. 9405                             5

     1    11. "Consumer audio and video product" means [televisions,]  a  mains-
     2  connected  product  that  amplifies  audio,  offers optical, offers disc
     3  player functionality, and/or  receives  and  plays  audio  and/or  video
     4  content.  Examples  of consumer audio and video products include compact
     5  audio  products,  digital versatile disc players, digital versatile disc
     6  recorders, [and] digital television adapters and streaming  media  play-
     7  ers.    Televisions  are  specifically  excluded from consumer audio and
     8  video products.
     9    § 9. Subdivision 18 of section 16-102 of the energy law, as  added  by
    10  chapter 431 of the laws of 2005, is amended to read as follows:
    11    18.  ["Energy efficiency performance standards"] "Efficiency standard"
    12  means [performance standards which prescribe a minimum level  of  energy
    13  efficiency  determined  in accordance with test procedures prescribed by
    14  the secretary in  consultation  with  the  president]  a  standard  that
    15  defines  performance metrics and/or defines prescriptive design require-
    16  ments associated with the regulated category  of  product  in  order  to
    17  reduce  energy  consumption, reduce water consumption, and reduce green-
    18  house gas emissions associated with energy consumption  and/or  increase
    19  demand flexibility.
    20    §  10. Subdivisions 27-a and 27-b of section 16-102 of the energy law,
    21  as added by chapter 222 of the laws of 2010,  are  amended  to  read  as
    22  follows:
    23    27-a.  "Portable  electric  spa" means a factory-built electric spa or
    24  hot tub, [supplied with equipment for  heating  and  circulating  water]
    25  which may or may not include any combination of integral controls, water
    26  heating or water circulating equipment.
    27    27-b. "Portable light fixture" means a light fixture which has a flex-
    28  ible cord and an attachment plug for connection to a nominal one hundred
    29  twenty-volt,  fifteen-  or  twenty-ampere  branch  circuit; which can be
    30  relocated by the user without any rewiring;  [and]  which  is  typically
    31  controlled  with  a switch located on the light fixture itself or on the
    32  power cord; and which are  intended  for  use  in  accordance  with  the
    33  national  electrical  code, ANSI/NFPA 70-2002.  "Portable light fixture"
    34  does not include direct plug-in nightlights; sun and heat lamps; aquari-
    35  um lamps; medical and dental lights; portable electric hand lamps; signs
    36  and commercial  advertising  displays;  photographic  lamps;  germicidal
    37  lamps; [metal halide lamp fixtures; torchiere lighting fixtures] illumi-
    38  nated  vanity  mirrors; lava lamps not providing general or task illumi-
    39  nation; industrial work lights rated  for  use  with  a  lamp  providing
    40  greater  than  seven  thousand lumens; portable lamp fixtures for marine
    41  use or for use in hazardous locations as defined in the  national  elec-
    42  trical  code,  ANSI/NFPA  70; or decorative lighting outfits or electric
    43  candles and candelabras without lampshades that are covered by the stan-
    44  dard for safety of seasonal and holiday decorative products, UL 588.
    45    § 11. Subdivision 29-a of section 16-102 of the energy law,  as  added
    46  by chapter 222 of the laws of 2010, is amended to read as follows:
    47    29-a.  "[Residential]  Replacement  dedicated-purpose pool pump motor"
    48  means [a product which is designed or used to circulate and filter resi-
    49  dential swimming pool water in order to maintain clarity and  sanitation
    50  and which consists in part of a motor and an impeller] an electric motor
    51  that:
    52    (a) is single-phase or polyphase;
    53    (b)  has  a dedicated purpose pool pump motor total horsepower of less
    54  than or equal to five horsepower;

        S. 9405                             6

     1    (c) is marketed for use as a replacement motor  in  self-priming  pool
     2  filter  pump,  non-self-priming  pool  filter  pump  or pressure cleaner
     3  booster pump applications; and
     4    (d)  excludes polyphase replacement dedicated-purpose pool pump motors
     5  capable of operating without a drive, and is sold or  offered  for  sale
     6  without a drive that converts single-phase power to polyphase power.
     7    §  12. Subdivision 33 of section 16-102 of the energy law, as added by
     8  chapter 431 of the laws of 2005, is amended to read as follows:
     9    33. "Television (TV)" means [a commercially available electronic prod-
    10  uct consisting of a tuner/receiver and a monitor  encased  in  a  single
    11  housing,  which  is]  an  analog or digital device primarily designed to
    12  receive and display [an analog or digital video television signal broad-
    13  cast by an antenna, satellite, cable, or broadband source]  terrestrial,
    14  satellite,  cable,  Internet  Protocol  TV (IPTV), or other broadcast or
    15  recorded transmissions of analog or digital video and audio signals. TVs
    16  include combination TVs, television monitors,  component  TVs,  and  any
    17  unit  that  is  marketed to the consumer as a TV.  "Television" does not
    18  include [multifunction TVs which have VCR, DVD, DVR, or  EPG  functions]
    19  computer monitors.
    20    §  13.  Section  16-102 of the energy law is amended by adding thirty-
    21  eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
    22  42-a, 43, 43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52,  53,  54,  55,
    23  56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
    24    18-a.  "Greenhouse  gas" means "greenhouse gas" as defined in subdivi-
    25  sion seven of section 75-0101 of the environmental conservation law.
    26    18-b. "Demand flexibility" means the capability to schedule, shift, or
    27  curtail the  electrical  demand  of  a  load-serving  entity's  customer
    28  through  direct  action  by  the  customer  or through action by a third
    29  party, the load-serving entity, or a grid balancing authority, with  the
    30  customer's consent.
    31    21-c.  "Duv"  means  a metric that quantifies the distance between the
    32  chromaticity of a given light source and a blackbody radiator  of  equal
    33  correlated  color  temperature  (CCT)  on  a  CIE  1976 (u, v) chromatic
    34  diagram demonstrating how different two light sources of the same  color
    35  temperature  appear.
    36    21-d.  "Light  Emitting  Diode  (LED)  lamp"  means  a lamp capable of
    37  producing light with Duv between -0.012 and 0.012, and that has an  E12,
    38  E17,    E26,  or  GU-24  base, including LED lamps that are designed for
    39  retrofit within existing recessed can housings that contain one  of  the
    40  preceding  bases.  LED lamp does not include a lamp with a brightness of
    41  more than two thousand six hundred lumens or a lamp that cannot  produce
    42  light  with  a  correlated  color  temperature  between two thousand two
    43  hundred Kelvin and seven thousand Kelvin.
    44    38. The following definitions refer to air compressors:
    45    (a) "Air compressor" means a compressor designed to compress air  that
    46  has  an inlet open to the atmosphere or other source of air, and is made
    47  up of a compression element (bare compressor), driver or drivers mechan-
    48  ical equipment to drive the compressor element, and any ancillary equip-
    49  ment.
    50    (b) "Compressor" means a machine or apparatus that converts  different
    51  types  of energy into the potential energy of gas pressure for displace-
    52  ment and compression of gaseous  media  to  any  higher-pressure  values
    53  above atmospheric pressure and has a pressure ratio at full-load operat-
    54  ing pressure greater than 1.3.
    55    39. The following definitions refer to air purifiers:

        S. 9405                             7

     1    (a)  "Air  purifier", also known as "room air cleaner", means an elec-
     2  tric, cord-connected, portable appliance with the  primary  function  of
     3  removing  particulate  matter  from  the air and which can be moved from
     4  room to room.
     5    (b)  "Industrial  air  purifier"  means  an indoor air cleaning device
     6  manufactured, advertised, marketed, labeled, and used solely for  indus-
     7  trial  use that are marketed solely through industrial supply outlets or
     8  businesses and prominently labeled as "Solely for industrial use. Poten-
     9  tial health hazard: emits ozone."
    10    40. "Commercial dishwasher" means a  machine  designed  to  clean  and
    11  sanitize  plates,  pots, pans, glasses, cups, bowls, utensils, and trays
    12  by applying sprays of detergent solution (with or without blasting media
    13  granules) and a sanitizing rinse and is not a  "compact  dishwasher"  or
    14  "standard  dishwasher" (capacity less than eight place settings plus six
    15  serving pieces as specified in ANSI/AHAM DW-1 using the test load speci-
    16  fied in section 2.7 of appendix C in subpart B of 10 CFR 430.2).
    17    41. "Commercial fryer" means an  appliance  for  non-residential  use,
    18  including  a cooking vessel, in which oil is placed to such a depth that
    19  the cooking food is essentially supported by displacement of the cooking
    20  fluid rather than by the bottom of the vessel. Heat is delivered to  the
    21  cooking  fluid  by means of an immersed electric element of band-wrapped
    22  vessel (electric fryers) or by heat transfer from  gas  burners  through
    23  either the walls of the fryer or through tubes passing through the cook-
    24  ing fluid (gas fryers).
    25    41-a.  "Commercial  oven" means a chamber designed for heating, roast-
    26  ing, or baking food by conduction, convection, radiation,  and/or  elec-
    27  tromagnetic energy.
    28    42.  "Commercial  steam  cooker"  also known as "compartment steamer",
    29  means a device for non-residential use with one  or  more  food-steaming
    30  compartments in which the energy in the steam is transferred to the food
    31  by  direct  contact.  Models may include countertop models, wall-mounted
    32  models, and floor models mounted on a stand, pedestal, or  cabinet-style
    33  base.
    34    42-a.  "Commercial  hot  food  holding  cabinet" means a heated, fully
    35  enclosed compartment, with one or more solid  or  partial  glass  doors,
    36  that  is  designed to maintain the temperature of hot food that has been
    37  cooked in a separate appliance. "Commercial hot  food  holding  cabinet"
    38  does  not include heated glass merchandising cabinets, drawer warmers or
    39  cook-and-hold appliances.
    40    43. "Computer" means a device that  performs  logical  operations  and
    41  processes  data.  A computer includes both stationary and portable units
    42  and includes a desktop  computer,  a  portable  all-in-one,  a  notebook
    43  computer,  a  mobile  gaming  system,  a  high-expandability computer, a
    44  small-scale server, a thin client, and a workstation. Although a comput-
    45  er is capable of using input devices and displays, such devices are  not
    46  required  to be included with the computer when the computer is shipped.
    47  A computer is composed of, at a minimum, (a) a central  processing  unit
    48  (CPU)  to  perform  operations or, if no CPU is present, then the device
    49  must function as a client gateway to a server, and the server acts as  a
    50  computational CPU; (b) the ability to support user input devices such as
    51  a keyboard, mouse, or touch pad; and (c) an integrated display screen or
    52  the ability to support an external display screen to output information.
    53  The  term  "computer" does not include a tablet, a game console, a tele-
    54  vision, a device with an integrated  and  primary  display  that  has  a
    55  screen  size  of  twenty  square  inches  or less, a server other than a
    56  small-scale server, or an industrial computer.

        S. 9405                             8

     1    43-a. "Computer monitor" means an analog or  digital  device  of  size
     2  greater  than  or  equal  to  seventeen inches and less than or equal to
     3  sixty-one inches, that has a pixel density of greater than five thousand
     4  pixels per square inch, and that is designed primarily for  the  display
     5  of  computer-generated signals for viewing by one person in a desk-based
     6  environment. A computer monitor is composed  of  a  display  screen  and
     7  associated  electronics.  A  computer  monitor  does  not  include,  (a)
     8  displays with integrated or replaceable batteries  designed  to  support
     9  primary operation without AC mains or external DC power (e.g. electronic
    10  readers,   mobile  phones,  portable  tablets,  battery-powered  digital
    11  picture frames); or (b) a television or signage display.
    12    44. "General service lamp" shall include the following definitions:
    13    (a) "Compact fluorescent lamp (CFL)" means an integrated or  non-inte-
    14  grated  single-base,  low-pressure mercury, electric-discharge source in
    15  which a fluorescing coating transforms some of  the  ultraviolet  energy
    16  generated  by  the  mercury  discharge  into  light; this term shall not
    17  include circline or U-shaped lamps.
    18    (b) "General service incandescent lamp" means a standard  incandescent
    19  or  halogen type lamp that is intended for general service applications,
    20  has a medium screw base, has a  lumen  range  of  not  less  than  three
    21  hundred ten lumens and not more than two thousand six hundred lumens, or
    22  in the case of a modified spectrum lamp, not less than two hundred thir-
    23  ty-two  lumens and not more than one thousand nine hundred fifty lumens,
    24  and is capable of being operated at a voltage range at  least  partially
    25  within  one hundred ten and one hundred thirty volts; provided, however,
    26  that this definition shall  not  apply  to  the  following  incandescent
    27  lamps:
    28    (i) Appliance lamps;
    29    (ii) Black light lamps;
    30    (iii) Bug lamps;
    31    (iv) Colored lamps;
    32    (v)  G  shape  lamps (as defined in ANSI C78.20 and C79.1-2002) with a
    33  diameter of five inches or more;
    34    (vi) Infrared lamps;
    35    (vii) Left-hand thread lamps;
    36    (viii) Marine lamps;
    37    (ix) Marine signal service lamps;
    38    (x) Mine service lamps;
    39    (xi) Plant light lamps;
    40    (xii) Reflector lamps;
    41    (xiii) Sign service lamps;
    42    (xiv) Silver bowl lamps;
    43    (xv) Showcase lamps;
    44    (xvi) Rough service lamps;
    45    (xvii) Shatter-resistant  lamps  (including  shatter-proof  lamps  and
    46  shatter-protected lamps);
    47    (xviii) 3-way incandescent lamps;
    48    (xix) Vibration service lamps;
    49    (xx)  AB,  BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps (as defined
    50  in ANSI C79.1-2002 and ANSI C78.20) of forty watts or less;
    51    (xxi) T shape lamps (as defined in ANSI C78.20  and  ANSI  C79.1-2002)
    52  and that uses not more than forty watts or has a length of more than ten
    53  inches; and
    54    (xxii) Traffic signal lamps.
    55    (c) "General service lamp" means a lamp that has an ANSI base, is able
    56  to  operate  at  a  voltage  of twelve volts or twenty-four volts, at or

        S. 9405                             9

     1  between one hundred to one hundred  thirty  volts,  at  or  between  two
     2  hundred  twenty  to  two hundred forty volts, or of two hundred seventy-
     3  seven volts for integrated lamps, or is able to operate at  any  voltage
     4  for non-integrated lamps, has an initial lumen output of greater than or
     5  equal  to three hundred ten lumens (or two hundred thirty-two lumens for
     6  modified spectrum general service incandescent lamps) and less  than  or
     7  equal to three thousand three hundred lumens, is not a light fixture, is
     8  not  an  LED  downlight  retrofit  kit,  and is used in general lighting
     9  applications.  General service lamps shall include, but not  be  limited
    10  to,  general  service  incandescent lamps, incandescent reflector lamps,
    11  compact fluorescent lamps, general service light emitting  diode  lamps,
    12  and general service organic light emitting diode lamps.  General service
    13  lamps shall not include:
    14    (i) Appliance lamps;
    15    (ii) Black light lamps;
    16    (iii) Bug lamps;
    17    (iv) Colored lamps;
    18    (v) G shape lamps with a diameter of five inches or more as defined in
    19  ANSI C79.1-2002;
    20    (vi) General service fluorescent lamps;
    21    (vii) High intensity discharge lamps;
    22    (viii) Infrared lamps;
    23    (ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not
    24  have Edison screw bases;
    25    (x) Lamps that have a wedge base or prefocus base;
    26    (xi) Left-hand thread lamps;
    27    (xii) Marine lamps;
    28    (xiii) Marine signal service lamps;
    29    (xiv) Mine service lamps;
    30    (xv)  MR  shape lamps that have a first number symbol equal to sixteen
    31  (diameter equal to two inches) as defined in ANSI C79.1-2002, operate at
    32  twelve volts and have a lumen output greater than or equal to 800;
    33    (xvi) Other fluorescent lamps;
    34    (xvii) Plant light lamps;
    35    (xviii) R20 short lamps;
    36    (xix) Reflector lamps that  have  a  first  number  symbol  less  than
    37  sixteen  (diameter  less  than two inches) as defined in ANSI C79.1-2002
    38  and that do  not  have  E26/E24,  E26d,  E26/50x39,  E26/53x39,  E29/28,
    39  E29/53x39, E39, E39d, EP39, or EX39 bases;
    40    (xx)  S  shape  or  G shape lamps that have a first number symbol less
    41  than or equal to 12.5 (diameter less than or equal to 1.5625 inches)  as
    42  defined in ANSI C79.1-2002;
    43    (xxi) Sign service lamps;
    44    (xxii) Silver bowl lamps;
    45    (xxiii) Showcase lamps;
    46    (xxiv) Specialty MR lamps;
    47    (xxv) T shape lamps that have a first number symbol less than or equal
    48  to  8  (diameter  less  than  or  equal  to one inch) as defined in ANSI
    49  C79.1-2002, nominal overall length less than twelve inches, and that are
    50  not compact fluorescent lamps; and
    51    (xxvi) Traffic signal lamps.
    52    (d) "General service light-emitting diode (LED) lamp" means  an  inte-
    53  grated  or  non-integrated LED lamp designed for use in general lighting
    54  applications and that uses light-emitting diodes as the  primary  source
    55  of light.

        S. 9405                            10

     1    (e) "General service organic light-emitting diode (OLED) lamp" means a
     2  thin-film  light-emitting  device that typically consists of a series of
     3  organic layers between two electrical contacts (electrodes).
     4    (f)  "Incandescent  reflector lamp" or "reflector lamp" means any lamp
     5  in which light is produced by a filament heated to incandescence  by  an
     6  electric  current,  which:  contains  an inner reflective coating on the
     7  outer bulb to direct the light; is not  colored;  is  not  designed  for
     8  rough  or  vibration service applications; is not an R20 short lamp; has
     9  an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw
    10  base; has a rated voltage or voltage range that lies at least  partially
    11  in  the range of one hundred fifteen and one hundred thirty volts; has a
    12  diameter that exceeds 2.25 inches; and has a rated wattage that is forty
    13  watts or higher.
    14    45.  "Federally  exempt  fluorescent  lamp"  means  any  linear  lamps
    15  excluded  from the definition of general service fluorescent lamps in 10
    16  CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI line-
    17  ar fluorescent lamps, impact-resistant linear fluorescent  lamps,  cold-
    18  temperature  linear  fluorescent  lamps,  and less than four-foot linear
    19  fluorescent lamps.
    20    46. The following definitions refer to portable air conditioners:
    21    (a) "Portable air conditioner"  means  a  portable  encased  assembly,
    22  other than a packaged terminal air conditioner, room air conditioner, or
    23  dehumidifier,  that  delivers  cooled,  conditioned  air  to an enclosed
    24  space, and is powered by single-phase electric  current.  Such  portable
    25  air conditioner includes a source of refrigeration and may include addi-
    26  tional means for air circulation and heating and may be a single-duct or
    27  a dual-duct portable air conditioner.
    28    (b) "Single-duct portable air conditioner" means a portable air condi-
    29  tioner  that  draws  all of the condenser inlet air from the conditioned
    30  space without the means of a duct and discharges  the  condenser  outlet
    31  air  outside  the conditioned space through a single-duct attached to an
    32  adjustable window bracket.
    33    (c) "Dual-duct portable air conditioner" means a portable  air  condi-
    34  tioner  that  draws  some or all of the condenser inlet air from outside
    35  the conditioned space through a duct attached to  an  adjustable  window
    36  bracket,  may  draw  additional condenser inlet air from the conditioned
    37  space, and discharges the condenser outlet air outside  the  conditioned
    38  space  by  means  of  a  separate  duct attached to an adjustable window
    39  bracket.
    40    46-a. "Residential ventilating fan" means a fan with  the  purpose  to
    41  actively  supply  air  to  or remove air from the inside of a residence.
    42  This includes ceiling and wall-mounted fans or remotely mounted  in-line
    43  fans  designed  to  be  used  in a bathroom or utility room, supply fans
    44  designed to provide air to indoor space and kitchen range hoods.  Supply
    45  fans may also be designed to filter incoming air.
    46    47.  "Telephone"  means an electronic product whose primary purpose is
    47  to transmit and receive sound over a distance  using  a  voice  or  data
    48  network.
    49    48. The following definitions refer to faucets and showerheads:
    50    (a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet,
    51  public  lavatory  faucet,  or replacement aerator for a lavatory, public
    52  lavatory or kitchen faucet.
    53    (b) "Public lavatory faucet" means a fitting intended to be  installed
    54  in nonresidential bathrooms that are exposed to walk-in traffic.
    55    (c) "Metering faucet" means a faucet that, when turned on, will gradu-
    56  ally shut itself off over a period of several seconds.

        S. 9405                            11

     1    (d)  "Replacement  aerator"  means  an  aerator sold as a replacement,
     2  separate from the faucet to which it is intended to be attached.
     3    (e)  "Showerhead" means a device through which water is discharged for
     4  a shower bath and includes a hand-held showerhead but does not include a
     5  safety shower showerhead.
     6    (f) "Hand-held showerhead" means a showerhead  that  can  be  held  or
     7  fixed  in place for the purpose of spraying water onto a bather and that
     8  is connected to a flexible hose.
     9    49. The following definitions refer to urinals and water closets:
    10    (a) "Plumbing fixture" means an exchangeable device, which connects to
    11  a plumbing system to deliver and drain away water and waste.
    12    (b) "Urinal" means a plumbing fixture that receives only  liquid  body
    13  waste and, conveys the waste through a trap into a drainage system.
    14    (c)  "Water closet" means a plumbing fixture having a water-containing
    15  receptor that receives liquid and solid body waste  through  an  exposed
    16  integral trap into a drainage system.
    17    (d) "Dual-flush effective flush volume" means the average flush volume
    18  of two reduced flushes and one full flush.
    19    (e)  "Dual-flush  water  closet"  means a water closet incorporating a
    20  feature that allows the user to flush the water  closet  with  either  a
    21  reduced or a full volume of water.
    22    (f)  "Trough-type urinal" means a urinal designed for simultaneous use
    23  by two or more persons.
    24    50. The following definitions refer to spray sprinkler bodies:
    25    (a) "Pressure regulator" means a device that maintains constant  oper-
    26  ating  pressure  immediately  downstream  from  the device, given higher
    27  pressure upstream.
    28    (b) "Spray sprinkler body" means the  exterior  case  or  shell  of  a
    29  sprinkler  incorporating  a  means  of  connection  to the piping system
    30  designed to convey water to a nozzle or orifice.
    31    51. "Uninterruptable power supply" means a battery charger  consisting
    32  of  a  combination  of  convertors,  switches and energy storage devices
    33  (such as batteries), constituting a power system for maintaining  conti-
    34  nuity of load power in case of input power failure.
    35    52. "Commercial battery charger system (BCS)" or "state-regulated BCS"
    36  means  a  battery charger coupled with its batteries or battery chargers
    37  coupled with their batteries, which together are referred to  as  state-
    38  regulated  battery  charger  systems.  This term covers all rechargeable
    39  batteries or devices incorporating a rechargeable battery and the  char-
    40  gers  used  with  them.    Battery  charger systems include, but are not
    41  limited to:
    42    (a) electronic devices with a battery that are normally  charged  from
    43  AC  line  voltage  or  DC  input voltage through an internal or external
    44  power supply and a dedicated battery charger;
    45    (b) the battery and battery charger components  of  devices  that  are
    46  designed to run on battery power during part or all of their operations;
    47    (c)  dedicated  battery  systems  primarily designed for electrical or
    48  emergency backup; and
    49    (d) devices whose primary function is to charge batteries, along  with
    50  the  batteries they are designed to charge. These units include chargers
    51  for power tool batteries and chargers for automotive, AA, AAA, C, D,  or
    52  9V  rechargeable  batteries,  as  well as chargers for batteries used in
    53  larger industrial motive equipment and a la carte chargers.
    54    The charging circuitry of battery charger systems may or  may  not  be
    55  located  within the housing of the end-use device itself. In many cases,
    56  the battery may be charged with a dedicated external charger  and  power

        S. 9405                            12

     1  supply  combination  that is separate from the device that runs on power
     2  from the battery. State-regulated battery charger systems do not include
     3  federally regulated battery chargers that are covered under standards in
     4  10 C.F.R. section 430.32(z).
     5    53.  "Gas fireplace" means a decorative gas fireplace or a heating gas
     6  fireplace.
     7    (a)  "Decorative   gas  fireplace" means a vented fireplace, including
     8  appliances that are freestanding, recessed, zero  clearance, or  a   gas
     9  fireplace  insert,  that  is fueled by natural gas or propane, is marked
    10  for  decorative use only, and  is  not  equipped  with  a thermostat  or
    11  intended for use as a heater.
    12    (b) "Heating gas fireplace" means a vented fireplace, including appli-
    13  ances that are freestanding, recessed, zero  clearance, or  a  gas fire-
    14  place  insert, that is fueled by natural gas or propane  and  is  not  a
    15  decorative fireplace.
    16    54.  "Manufactured  home"  has  the  meaning  ascribed to that term by
    17  subdivision seven of section six hundred one of the executive law.
    18    55. "Recreational vehicle" means a van or  utility  vehicle  used  for
    19  recreational purposes.
    20    56.  "Uniform  code"  means the New York state uniform fire prevention
    21  and building code adopted pursuant to article eighteen of the  executive
    22  law.
    23    57.  "Energy  code"  means  the  New  York  state  energy conservation
    24  construction code adopted pursuant to article eleven of this chapter.
    25    58. "Electric vehicle supply equipment (EVSE)"  means  equipment  that
    26  supplies  electricity in an appropriate form to storage devices, includ-
    27  ing batteries and super capacitors, that are part of electric  vehicles.
    28  Such term shall include equipment that performs this function and equip-
    29  ment that is embedded in electric vehicles.
    30    59. "Electric vehicle" means an on-road vehicle that draws electricity
    31  for  propulsion from a traction battery with a least five kilowatt-hours
    32  (kWh) of capacity, and uses an external source of energy to recharge the
    33  battery. Such term shall  include  a  plug-in  hybrid  electric  vehicle
    34  (PHEV)  with  a  second  source  of energy for propulsion, and a battery
    35  electric vehicle (BEV), which is powered solely by  externally  supplied
    36  electricity stored on-board such electric vehicle.
    37    60.  "Commercial  clothes dryer" means a clothes dryer designed to dry
    38  fabrics in a  tumble-type  drum  with  forced  air  circulation  and  is
    39  designed for use in:
    40    (a)  Applications  in  which  the occupants of more than one household
    41  will be using the clothes dryer, including multi-family  housing  common
    42  areas and coin laundries; or
    43    (b) Other commercial applications.
    44    61. "Commercial and industrial fans and blowers" means a rotary-bladed
    45  machine  used  to  convert  power  to air power, with a brake horsepower
    46  greater than or equal to either one kilowatt or one horsepower,  and  an
    47  air  horsepower  less  than  or equal to one hundred fifty, and used for
    48  commercial and industrial purposes.
    49    62.  "Imaging  equipment"  means  copiers,  printers,  scanners,   fax
    50  machines, and multifunction devices used both in homes and businesses.
    51    63.  "Landscape  irrigation  controller"  means  a  device intended to
    52  remotely control valves to operate an irrigation system for  landscapes,
    53  which  may consist of grass, shrubs, trees and/or other vegetation. This
    54  term shall not include devices that are typically  sold  separately  and
    55  used  primarily for other purposes, such as a network router, and may be
    56  used incidentally for a landscape irrigation controller. This term shall

        S. 9405                            13

     1  not include battery powered hose-end timers or devices used primarily in
     2  agricultural applications.
     3    64.  "Outdoor  lighting"  means electrical lighting used to illuminate
     4  outdoor areas, including parking lots, streetlights, highways  and  area
     5  luminaires.
     6    65.  "Plug-in  luminous  signs"  means a self-contained, luminous sign
     7  unit that plugs into 120V AC building mains power and  is  intended  for
     8  indoor  use only. Signs may be intended for use in commercial outlets in
     9  business establishments or in residences.
    10    66. "Small network equipment" means a device whose primary function is
    11  to pass internet protocol (IP) traffic among various network  interfaces
    12  or ports intended for use in residential and small business settings.
    13    67. "Tub spout diverters" means the following definitions:
    14    (a)  A bath and shower diverter whose diverter mechanism is located in
    15  the tub spout; and/or
    16    (b) Bath and shower diverter means a device used to direct the flow of
    17  water either toward a tub spout or toward a  secondary  outlet  intended
    18  for showering purposes, including a showerhead or body spray.
    19    § 14. Section 16-104 of the energy law, as added by chapter 431 of the
    20  laws  of  2005,  subdivision  1 as amended by chapter 222 of the laws of
    21  2010, is amended to read as follows:
    22    § 16-104. Applicability, conduct prohibited.   1.  The  provisions  of
    23  this article apply to the establishment of, testing for compliance with,
    24  certification  of  compliance with, and enforcement of efficiency stand-
    25  ards for the following new products which are sold, or offered for sale,
    26  leased or offered for lease, rented or offered for rent or installed  or
    27  offered to install in New York state unless preempting federal appliance
    28  standards are in effect: (a) automatic commercial ice cube machines; (b)
    29  ceiling  fan  light  kits;  (c)  commercial  pre-rinse spray valves; (d)
    30  commercial  refrigerators,  freezers  and   refrigerator-freezers;   (e)
    31  consumer  audio  and  video  products;  (f)  illuminated exit signs; (g)
    32  incandescent reflector lamps; (h) very large  commercial  packaged  air-
    33  conditioning  and heating equipment; (i) metal halide lamp fixtures; (j)
    34  pedestrian traffic signal modules; (k)  power  supplies;  (l)  torchiere
    35  lighting  fixtures;  (m)  unit  heaters;  (n)  vehicular  traffic signal
    36  modules; (o) portable light fixtures; (p) bottle-type water  dispensers;
    37  (q)  commercial  hot  food holding cabinets; (r) portable electric spas;
    38  [and] (s) [residential] replacement dedicated-purpose pool [pumps]  pump
    39  motors; (t) air compressors; (u) air purifiers; (v) commercial dishwash-
    40  ers;  (w) commercial fryers; (x) commercial steam cookers; (y) computers
    41  and computer monitors; (z) general service lamps; (aa) federally  exempt
    42  fluorescent  lamps;  (bb)  portable  air  conditioners; (cc) residential
    43  ventilating fans; (dd) telephones; (ee) faucets; (ff) showerheads;  (gg)
    44  urinals; (hh) water closets; (ii) sprinkler bodies; (jj) uninterruptable
    45  power  supplies;  (kk) light emitting diode lamps; (ll) electric vehicle
    46  supply equipment; (mm) commercial battery charger systems; (nn)  commer-
    47  cial  ovens;  (oo) commercial clothes dryers; (pp) commercial and indus-
    48  trial fans and blowers; (qq) imaging  equipment;  (rr)  landscape  irri-
    49  gation  controllers; (ss) outdoor lighting; (tt) plug-in luminous signs;
    50  (uu) small network equipment; (vv) tub spout diverters; (ww)  commercial
    51  hot  food holding cabinets; (xx) gas fireplaces; (yy) products for which
    52  efficiency standards shall have been established pursuant  to  paragraph
    53  (b)  or  (c)  of  subdivision one of section 16-106 of this article; and
    54  (zz) products that had been subject to any federal  efficiency  standard
    55  referred  to  in section 16-105 of this article that have been continued
    56  in this state pursuant to such section.

        S. 9405                            14

     1    2. No person shall sell[,] or offer for sale, lease or offer to lease,
     2  or rent or offer to rent, or install or offer to  install  in  New  York
     3  state  any new product of the types enumerated in paragraphs (a) through
     4  (xx) of subdivision one of this section, or any [of the]  new  [products
     5  identified]  product  for  which  efficiency  standards  shall have been
     6  established pursuant to paragraph (b) or (c) of subdivision  [four]  one
     7  of  section 16-106 of this article, [unless: (a) the product meets mini-
     8  mum energy performance standards adopted pursuant to this  article  upon
     9  the  effective  date  of such standards; and, if required by regulations
    10  promulgated] or any new product that is subject to any federal efficien-
    11  cy standard that shall have been continued in  this  state  pursuant  to
    12  [this] section[, (b) the manufacturer of such product certifies that the
    13  product meets said minimum energy performance standards.] 16-105 of this
    14  article, unless:
    15    (a) it meets the efficiency standards applicable to such product as of
    16  the  date of manufacture of such product or as of such other date as may
    17  be determined in accordance with the regulation establishing the  stand-
    18  ard for such product; and
    19    (b)  if  required by regulations adopted pursuant to this article, the
    20  manufacturer of such product certifies that the product meets said effi-
    21  ciency standards. As used within this subdivision, reference to any  new
    22  product means any individual product subject to the requirements of this
    23  article.
    24    3.  The  prohibitions  contained in [subdivisions one and] subdivision
    25  two of this section shall not apply to:
    26    (a) products manufactured in the state and sold outside the state;
    27    (b) products manufactured outside the  state  and  sold  at  wholesale
    28  inside the state for final retail sale outside the state;
    29    (c)  products  installed in [mobile] manufactured homes at the time of
    30  construction; [or]
    31    (d) products designed expressly for installation  and  use  in  recre-
    32  ational vehicles; or
    33    (e)  urinals  and  water closets designed and marketed exclusively for
    34  use at prisons or mental health care facilities.
    35    4. The adoption of efficiency standards for any  water-related  appli-
    36  ances, equipment or fixtures shall be subject to approval by the commis-
    37  sioner  of  environmental  conservation.  Any  such standard which would
    38  conflict with the provisions of section  15-0314  of  the  environmental
    39  conservation  law  shall  not take effect until and unless waived by the
    40  commissioner of environmental conservation.
    41    5. In adopting the flexible demand appliance standards, the  New  York
    42  state  energy  research  and  development  authority  shall consider the
    43  National Institute of Standards and Technology reliability and  cyberse-
    44  curity protocols, relevant New York cybersecurity laws, regulations, and
    45  advisories,  or  other  cybersecurity protocols that are equally or more
    46  protective, and shall adopt, at a minimum, the North  American  Electric
    47  Reliability Corporation's Critical Infrastructure Protection standards.
    48    § 15. The energy law is amended by adding a new section 16-105 to read
    49  as follows:
    50    §  16-105.  Adoption  of  certain federal efficiency standards. 1. The
    51  federal efficiency standard established in 10CFR Parts 430 and  431,  as
    52  in effect on January first, two thousand eighteen shall be applicable to
    53  products  which  are  subject  to  such federal efficiency standards and
    54  which are sold, offered for sale, or installed in  New  York  state.  So
    55  long  as  such  federal efficiency standards remain in effect as federal
    56  efficiency standards, they shall be enforced as provided by federal law.

        S. 9405                            15

     1  The president shall adopt by  regulation  all  such  federal  efficiency
     2  standards  and provided that, if any such federal efficiency standard is
     3  withdrawn, repealed, voided, or otherwise ceases to remain in effect  as
     4  a federal efficiency standard:
     5    (a) such efficiency standard shall be continued in this state;
     6    (b) until and unless amended or repealed pursuant to this article, the
     7  president  shall  be authorized to adopt regulations establishing proce-
     8  dures for testing the energy reduction, water  conservation,  greenhouse
     9  gas  reduction, and/or increased demand flexibility associated with such
    10  product;
    11    (c) the president shall be authorized to adopt regulations  establish-
    12  ing  procedures  for  manufacturers of such product to certify that such
    13  product meets such efficiency standard, if the president determines that
    14  such manufacturer's certifications should be required;
    15    (d) the president shall be authorized to  adopt  regulations  amending
    16  such  efficiency  standard from time to time, including regulations that
    17  repeal such efficiency standard, or  increase  the  stringency  of  such
    18  efficiency standard; and
    19    (e)  if  federal preemption has been waived for any particular federal
    20  efficiency standard or standards, the president may adopt such  standard
    21  or may adopt a different standard.
    22    2.    This  section shall not apply to any federal efficiency standard
    23  set aside by a court upon the petition of a person who will be adversely
    24  affected, as provided in 42 U.S.C. § 6306(b).
    25    § 16. Section 16-106 of the energy law, as added by chapter 431 of the
    26  laws of 2005, paragraph (c) of subdivision 2 as added by chapter 222  of
    27  the  laws of 2010 and subdivision 4 as amended by chapter 69 of the laws
    28  of 2020, is amended to read as follows:
    29    § 16-106. [Administration of article] Powers and duties of the  presi-
    30  dent  and  the  secretary.  1. The [secretary, in consultation with the]
    31  president[,] in consultation with the secretary shall have and be  enti-
    32  tled to exercise the following powers and duties:
    33    (a)  To  [establish  energy] adopt regulations establishing efficiency
    34  [performance] standards  for  the  products  listed  in  paragraphs  (a)
    35  through  (xx)  of  subdivision  one  of  section 16-104 of this article,
    36  including but not limited to, establishing [energy] efficiency [perform-
    37  ance] standards for power supplies in the active mode and  no-load  mode
    38  or  other such products while in the active mode and in the standby-pas-
    39  sive-mode[.
    40    (b) To promulgate regulations to achieve the purposes of this  article
    41  provided  however  that  no energy efficiency performance standard shall
    42  become effective for a product less than one hundred eighty  days  after
    43  it  shall  become  final,  provided,  however,  that no standard adopted
    44  pursuant to this article shall go  into  effect  if  federal  government
    45  energy  efficiency  performance standards regarding such product preempt
    46  state standards unless preemption has been waived  pursuant  to  federal
    47  law;
    48    (c)  To  administer and enforce the provisions of this article and any
    49  rule or regulation promulgated thereunder or order issued pursuant ther-
    50  eto;
    51    (d) To order, pursuant to section 16-104 of this article, the  immedi-
    52  ate  cessation  of  any  distribution, sale or offer for sale, import or
    53  installation of any product for which  the  secretary,  in  consultation
    54  with  the  president,  determines that the certification of such product
    55  listed in subdivision one of section 16-104 of this article was achieved
    56  in violation of section 16-108 of this article];

        S. 9405                            16

     1    (b)  To  adopt  regulations  establishing  efficiency  standards   for
     2  products  not  specifically  listed  in  paragraphs  (a) through (xx) of
     3  subdivision one of section 16-104 of this  article,  provided  that  the
     4  president  determines  that establishing such efficiency standards would
     5  serve  to  promote  energy reduction, water conservation, greenhouse gas
     6  reduction, and/or increased demand flexibility associated with the regu-
     7  lated product categories in this state.  To the maximum extent  feasible
     8  the president shall coordinate any such adoption with similar efforts by
     9  other  states.    Any  regulation adopted pursuant to this paragraph may
    10  include provisions establishing procedures for testing the efficiency of
    11  the covered products and provisions establishing procedures for manufac-
    12  turers of such product to certify that such products meet the efficiency
    13  standards, if the president determines that such manufacturer's  certif-
    14  ications should be required;
    15    (c)  To  review  efficiency  standards as adopted from time to time by
    16  other states for products not listed in paragraphs (a) through  (xx)  of
    17  subdivision  one  of  section 16-104 of this article, and to adopt regu-
    18  lations establishing efficiency standards similar to  those  adopted  by
    19  any  other  state  for such products, provided that the president deter-
    20  mines that establishing such efficiency standards would serve to promote
    21  energy reduction, water conservation, greenhouse gas  reduction,  and/or
    22  increased demand flexibility associated with the regulated product cate-
    23  gories  in this state. Any regulation adopted pursuant to this paragraph
    24  may include provisions establishing procedures for testing the efficien-
    25  cy of the covered products and provisions  establishing  procedures  for
    26  manufacturers  of  such  product  to certify that such products meet the
    27  efficiency standards, if the president determines that such  manufactur-
    28  er's certifications should be required;
    29    (d) To adopt regulations to achieve the purposes of this article. Such
    30  regulations  shall ensure that compliance therewith will not result in a
    31  net increase in co-pollutant emissions or  otherwise  disproportionately
    32  burden  disadvantaged  communities  as identified by the climate justice
    33  working group established under section  75-0111  of  the  environmental
    34  conservation  law. In order to increase public participation and improve
    35  the efficacy of any efficiency standards adopted pursuant to subdivision
    36  (b) or (c) of this section, the president shall, before publication of a
    37  notice of proposed rule making, conduct public meetings to provide mean-
    38  ingful opportunities for public comment from all segments of  the  popu-
    39  lation that would be impacted by the standards or regulations, including
    40  persons living in disadvantaged communities as identified by the climate
    41  justice  working group established under section 75-0111 of the environ-
    42  mental conservation law;
    43    (e) To conduct investigations, test, and obtain data with  respect  to
    44  research  experiments and demonstrations, and to collect and disseminate
    45  information regarding the purposes to be achieved pursuant to this arti-
    46  cle;
    47    (f) To accept grants or  funds  for  purposes  of  administration  and
    48  enforcement  of this article. Notwithstanding any other provision of law
    49  to the contrary, the president is hereby authorized to accept grants  or
    50  funds,  including  funds  directed  through  negotiated  settlements  or
    51  consent orders pursuant to this article.   All  funds  accepted  by  the
    52  president  for  the  purposes  of this article shall be deposited in the
    53  efficiency standards administration account established by the New  York
    54  state  energy  research  and  development  authority and maintained in a
    55  segregated account in the custody of the commissioner  of  taxation  and
    56  finance.  All  expenditures from the efficiency standards administration

        S. 9405                            17

     1  account pursuant to this article shall be made by  the  New  York  state
     2  energy research and development authority to carry out studies, investi-
     3  gations,  research,  expenses to provide for expert witness, consultant,
     4  enforcement,  administrative  and legal fees, including disbursements to
     5  the department of state to support enforcement activities authorized  by
     6  the  secretary  pursuant  to  this  section,  and other related expenses
     7  pursuant to this article. All deposits made to the efficiency  standards
     8  administration  account  made  by the New York state energy research and
     9  development authority, all funds maintained in the efficiency  standards
    10  administration  account,  and  disbursements therefrom, made pursuant to
    11  this article shall be subject to an annual independent audit as part  of
    12  such  authority's audited financial statements, and such authority shall
    13  prepare an annual report summarizing efficiency standards administration
    14  account balance and activities for each fiscal year ending  March  thir-
    15  ty-first.   In addition to submitting such report as provided in section
    16  one thousand eight hundred sixty-seven of the  public  authorities  law,
    17  the  authority  shall provide such report to the secretary no later than
    18  ninety days after commencement of such fiscal year;
    19    (g) [To  impose  a  fine  and/or  impose  injunctive  relief  for  any
    20  violation of this article after notice and an opportunity to be heard;
    21    (h) The secretary and the president shall consult with the appropriate
    22  federal  agencies, including, but not limited to, the federal department
    23  of energy, industry and other potentially affected parties  in  carrying
    24  out  the  provisions  of  this  article] To consult with the appropriate
    25  federal agencies, including, but not limited to, the federal  department
    26  of  energy  and  other  potentially affected parties in carrying out the
    27  provisions of this article; and
    28    (h) To conduct investigations, in consultation with the secretary,  to
    29  determine  if  products  covered  by  standards adopted pursuant to this
    30  article comply with such standards; to conduct  tests  to  determine  if
    31  products  covered  by  standards adopted pursuant to this article comply
    32  with such standards; to prepare written reports of the results  of  such
    33  investigations  and  tests; to provide such reports to the secretary; in
    34  consultation with the secretary, to negotiate settlement agreements with
    35  any person that violates the provisions of subdivision  two  of  section
    36  16-104  of  this  article,  or fails to perform any duty imposed by this
    37  article, or violates or fails  to  comply  with  any  rule,  regulation,
    38  determination, or order adopted, made, or issued by the president or the
    39  secretary  pursuant to this article, pursuant to which such person shall
    40  agree to cease such violation and to pay such civil penalty  as  may  be
    41  specified  in  such  agreement,  the terms of which will be incorporated
    42  into a consent order signed by  such  person,  the  president,  and  the
    43  secretary;  to  consult  with  the secretary in connection with determi-
    44  nations made by the secretary pursuant to paragraph (b)  of  subdivision
    45  five of this section; and to cooperate with the secretary in enforcement
    46  proceedings conducted by the secretary pursuant to this article.
    47    1-a. Notwithstanding any other provision of this article, no efficien-
    48  cy standard adopted pursuant to paragraph (a) of subdivision one of this
    49  section  shall  become effective less than one hundred eighty days after
    50  publication of the notice of adoption of  such  standard  in  the  state
    51  register;  no  efficiency  standard adopted pursuant to paragraph (b) or
    52  (c) of subdivision one of this section shall become effective less  than
    53  one  year after publication of the notice of adoption of such efficiency
    54  standard in the state register; no amendment of any efficiency  standard
    55  adopted pursuant to this article or of any efficiency standard continued
    56  in  this  state  pursuant to section 16-105 of this article shall become

        S. 9405                            18

     1  effective less than one hundred eighty days  after  publication  of  the
     2  notice  of  adoption of such amendment in the state register; and no new
     3  or amended efficiency standard adopted pursuant to this article shall go
     4  into  effect  if  federal government efficiency standards regarding such
     5  product preempt state standards unless preemption has been waived pursu-
     6  ant to federal law.
     7    2. (a) On or before [June thirtieth] January first, two thousand [six]
     8  twenty-three, the [secretary, in consultation with  the]  president,  in
     9  consultation  with  the secretary, shall adopt regulations in accordance
    10  with the provisions of this article establishing:
    11    (i) [energy] efficiency [performance] standards for  new  products  of
    12  the  types  [set forth] referred to in paragraphs (a) through [(n)] (f),
    13  paragraphs (h) through (y), paragraphs (aa) through (jj) and  paragraphs
    14  (mm) through (xx) of subdivision one of section 16-104 of this article[,
    15  with  the  exception  of  such  paragraph  (g)  (incandescent  reflector
    16  lamps)];
    17    (ii) procedures  for  testing  the  [energy]  efficiency  of  the  new
    18  products [covered by] of the types referred to in paragraphs (a) through
    19  [(n)]  (f) and paragraphs (h) through (xx) of subdivision one of section
    20  16-104 of this article;
    21    (iii) procedures  for  manufacturers  to  certify  that  new  products
    22  [covered  under]  of the types referred to in paragraphs (a) through (f)
    23  and paragraphs (h) through (xx) of subdivision one of section 16-104  of
    24  this  article  meet the [energy] efficiency standards to be [promulgated
    25  under this article] adopted pursuant to this article, if  the  president
    26  determines  that  such manufacturer's certifications should be required;
    27  and
    28    (iv) such further matters as are necessary to insure the proper imple-
    29  mentation and enforcement of the provisions of this article.
    30    (b) With respect to [incandescent reflector lamps, included] the types
    31  of products referred to in [paragraph] paragraph (g),  (z)  or  (kk)  of
    32  subdivision  one of section 16-104 of this article (incandescent reflec-
    33  tor lamps, general service lamps, and light emitting diode  lamps),  the
    34  [secretary, in consultation with the] president[,] shall conduct a study
    35  by December thirty-first, two thousand twenty-three to determine whether
    36  an   [energy]  efficiency  [performance]  standard  for  such  [product]
    37  products should be established, taking into  account  factors  including
    38  the  potential  impact  on  electricity  usage, product availability and
    39  consumer and environmental benefits. If [it is determined] the president
    40  determines 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  accord-
    43  ance  with  the provisions of this article establishing [energy perform-
    44  ance] efficiency standards for such [product on or before January first,
    45  two thousand eight] products.
    46    3. Subsequent to adopting regulations pursuant to subdivisions one and
    47  two of this section, the [secretary, in consultation  with  the]  presi-
    48  dent,  in  consultation  with the secretary, may amend such regulations,
    49  including increasing the stringency of the [energy] efficiency [perform-
    50  ance] standards[, provided however that no energy efficiency performance
    51  standard shall become effective for a  product  less  than  one  hundred
    52  eighty days after it shall become final].
    53    4.  By  March  fifteenth of two thousand twenty-one, the secretary and
    54  the president shall produce a report to the governor, the speaker of the
    55  assembly, the temporary president of the senate, the chair of the assem-
    56  bly committee on energy and the chair of the senate committee on  energy

        S. 9405                            19

     1  and  telecommunications on the status of regulations establishing [ener-
     2  gy] efficiency [performance] standards pursuant to this  article,  which
     3  shall indicate for each product enumerated in subdivision one of section
     4  16-104 of this article the status of the implementation of [performance]
     5  efficiency  standards.  The  report  shall  also set forth the estimated
     6  potential annual reductions in energy use  and  potential  utility  bill
     7  savings  resulting  from  adopted [performance] efficiency standards for
     8  the years two thousand twenty-five and two thousand thirty-five and  the
     9  potential cumulative reductions in energy use through the year two thou-
    10  sand  thirty-five.  Such  report  shall be updated in the same manner by
    11  March fifteenth, two thousand twenty-six and two thousand thirty and  [a
    12  copy]  copies  of  such  updates shall be posted by March fifteenth, two
    13  thousand twenty-seven and March fifteenth, two thousand  thirty  on  the
    14  websites of the authority and the department of state.
    15    5.  (a)  In  addition  to  all other powers and authority given to the
    16  secretary by this article, the secretary shall have and be  entitled  to
    17  exercise the following powers and duties:
    18    (i) To request the president to conduct investigations to determine if
    19  products  covered by efficiency standards adopted pursuant to this arti-
    20  cle comply with such efficiency standards; to consult with the president
    21  in connection with the president's performance of  such  investigations;
    22  to  request  the  president  to  conduct  tests to determine if products
    23  covered by efficiency standards adopted pursuant to this article  comply
    24  with  such  efficiency standards; and to request the president's cooper-
    25  ation in connection with enforcement proceedings conducted by the secre-
    26  tary pursuant to this article;
    27    (ii) To order the immediate cessation of  any  distribution,  sale  or
    28  offer  for sale, lease or offer to lease, rent or offer to rent, import,
    29  or offer to import, or installation or  offer  of  installation  of  any
    30  product  listed  in  paragraphs  (a)  through (xx) of subdivision one of
    31  section 16-104 of this article, or of any product for  which  efficiency
    32  standards  shall  have been established pursuant to paragraph (b) or (c)
    33  of subdivision one of this section, or any product that is subject to  a
    34  federal efficiency standard that shall have been continued in this state
    35  pursuant to section 16-105 of this article, if the secretary, in consul-
    36  tation  with  the  president, determines that such product does not meet
    37  the applicable efficiency standard or if such product does  not  satisfy
    38  the   testing  procedures  or  manufacturer's  certification  procedures
    39  adopted pursuant to the regulations authorized by this article;
    40    (iii) To accept grants or funds for  purposes  of  administration  and
    41  enforcement of this article;
    42    (iv)  To  impose,  after  notice and an opportunity to be heard, civil
    43  penalties and/or injunctive relief for any violation of this article  or
    44  any regulation adopted pursuant to this article. Any penalties collected
    45  by  the  secretary  under  this  section  shall be placed in the account
    46  established under section ninety-seven-www of  the  state  finance  law,
    47  relating to the consumer protection account; and
    48    (v)  To  adopt  such  rules  and regulations as the secretary may deem
    49  necessary or appropriate for the purpose of carrying out the powers  and
    50  duties granted to the secretary by this article.
    51    (b) The secretary may exercise the powers and authority granted to the
    52  secretary  by  this subdivision, or by any other provision of this arti-
    53  cle, through the consumer protection division established by the  secre-
    54  tary  pursuant  to section ninety-four-a of the executive law or through
    55  such other divisions, officers, or employees of the department of  state
    56  as the secretary may designate from time to time.

        S. 9405                            20

     1    § 17. The energy law is amended by adding a new section 16-107 to read
     2  as follows:
     3    §  16-107. Subpoenas, information and document production, enforcement
     4  procedures, referrals.  1. (a) In addition to all other powers  provided
     5  by  this  article,  the  secretary or his or her designee shall have the
     6  power and authority to subpoena and require the attendance of  witnesses
     7  and  the  production of books, papers, contracts and any other documents
     8  pertaining to any investigation or hearing conducted  pursuant  to  this
     9  article. The secretary may issue such subpoenas on his or her own initi-
    10  ative or at the request of the president.
    11    (b)  If any person refuses to comply with a subpoena issued under this
    12  section, the department may petition a court of  competent  jurisdiction
    13  to enforce the subpoena and such sanctions as the court may direct.
    14    (c) A subpoena issued under this subdivision shall be regulated by the
    15  civil  practice  law and rules, and is in addition to and not in limita-
    16  tion of the power to make information and document requests under subdi-
    17  vision two of this section.
    18    2. Any person that sells or offers for  sale,  leases  or  offers  for
    19  lease, rents or offers for rent, or installs or offers to install, manu-
    20  factures  or tests in New York state any new product of a type listed in
    21  paragraphs (a) through (xx) of subdivision one of section 16-104 of this
    22  article, or any new product for which efficiency  standards  shall  have
    23  been  established pursuant to paragraph (b) or (c) of subdivision one of
    24  section 16-106 of this article, or any product that is subject to feder-
    25  al efficiency standards that shall have been  continued  in  this  state
    26  pursuant  to  section  16-105  of this article, shall be obliged, on the
    27  request of the secretary or his or her designee, or the request  of  the
    28  president  or  his  or  her designee, to supply the secretary and/or the
    29  president with such information and documentation  as  may  be  required
    30  concerning such person's business, business practices, or business meth-
    31  ods,   or  proposed  business  practices  or  methods.  The  obligations
    32  contained in this subdivision shall not apply to any person  that  sells
    33  or  offers  for  sale,  leases  or offers for lease, rents or offers for
    34  rent, or installs or offers to install only products described in subdi-
    35  vision three of section 16-104 of this article. The power to make infor-
    36  mation and document requests is in addition to and not in limitation  of
    37  the power to issue subpoenas.
    38    3. The secretary shall, before ordering the immediate cessation of any
    39  distribution,  sale  or offer for sale, lease or offer to lease, rent or
    40  offer to rent, import or offer to import, or installation  or  offer  of
    41  installation  of  any product, or imposing any civil penalty, injunctive
    42  relief, or other relief pursuant to this article upon any person who  is
    43  alleged  to  be  in violation of any provision of this article or of any
    44  regulation adopted pursuant to this article, and at least ten days prior
    45  to the date set for the hearing, notify in writing and shall afford such
    46  person an opportunity to be heard in person or by counsel  in  reference
    47  thereto.  Such  written  notice  may  be  served  by  delivery  of  same
    48  personally, or by mailing same by certified mail to the last known busi-
    49  ness address of such person, or by any method authorized  by  the  civil
    50  practice  law  and  rules.  The hearing on such charges shall be at such
    51  time and place as the department of state  shall  prescribe.  A  hearing
    52  held by this subdivision shall be held pursuant to the state administra-
    53  tive procedure act, and any applicable regulations adopted by the secre-
    54  tary.

        S. 9405                            21

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

        S. 9405                            22

     1    § 19. The energy law is amended by adding a new section 16-109 to read
     2  as follows:
     3    §  16-109.  Conflicts  with other laws.  Nothing in this article or in
     4  any regulation adopted pursuant to this article shall limit, impair,  or
     5  supersede  the  provisions  of  subdivision one of section three hundred
     6  eighty-three of the executive law or the provisions of subdivision three
     7  of section 11-103 of this chapter.
     8    § 20. Subparagraphs 14 and 15 of paragraph (a)  of  subdivision  3  of
     9  section  94-a  of the executive law, as added by section 21 of part A of
    10  chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
    11  added to read as follows:
    12    (14) cooperate with and assist consumers in class  actions  in  proper
    13  cases; [and]
    14    (15)  create  an internet website or webpage pursuant to section three
    15  hundred ninety-c of the general business law[.],  as  added  by  chapter
    16  five hundred nine of the laws of two thousand seven; and
    17    (16) exercise such powers and duties granted to the secretary by arti-
    18  cle  sixteen  of  the energy law as the secretary may direct, including,
    19  but not limited to: consult with such president of the  New  York  state
    20  energy  research  and  development authority in connection with investi-
    21  gations conducted by such president pursuant to article sixteen  of  the
    22  energy  law; make determinations relating to compliance by products with
    23  the standards adopted pursuant to article sixteen  of  the  energy  law;
    24  order  the  immediate  cessation  of any distribution, sale or offer for
    25  sale, import, or installation of any product that  does  not  meet  such
    26  standards; and impose civil penalties as contemplated by article sixteen
    27  of the energy law.
    28    §  21.  Paragraph  a  of subdivision 1 of section 374 of the executive
    29  law, as amended by section 96 of subpart B of  part  C  and  as  further
    30  amended  by  section 104 of part A of chapter 62 of the laws of 2011, is
    31  amended to read as follows:
    32    a. Two members, to be  appointed  by  the  governor,  from  among  the
    33  commissioners  of the departments of economic development, environmental
    34  conservation, corrections and community supervision, education,  health,
    35  labor,  mental  health  and social services, office of general services,
    36  division of housing and community renewal, the president of the New York
    37  state energy research and development authority, and the  superintendent
    38  of financial services.
    39    §  22.  Subdivision 3 of section 374 of the executive law, as added by
    40  chapter 707 of the laws of 1981, is amended to read as follows:
    41    3. The council shall meet at least quarterly at the call of the chair-
    42  man. Additional meetings may be called upon at least five  [days]  days'
    43  notice by the chairman or by petition of five members of the council.
    44    §  23.  Subdivision  2  of section 97-www of the state finance law, as
    45  amended by section 53 of part A of chapter 62 of the laws  of  2011,  is
    46  amended to read as follows:
    47    2. Such account shall consist of all penalties received by the depart-
    48  ment  of  state  pursuant  to section three hundred ninety-nine-z of the
    49  general business law, section 16-106 of the energy  law  and  any  addi-
    50  tional  monies  appropriated, credited or transferred to such account by
    51  the Legislature. Any interest earned by the investment of monies in such
    52  account shall be added to such account, become part of such account, and
    53  be used for the purposes of such account.
    54    § 24. A building code or other requirement applicable to commercial or
    55  residential buildings or construction may not  prohibit  the  use  of  a
    56  substance allowed pursuant to the United States Environmental Protection

        S. 9405                            23

     1  Agency's  significant  new  alternatives  policy  to implement 42 U.S.C.
     2  767lk, provided that such substance and the refrigeration or air  condi-
     3  tioning  system  or other equipment or products utilizing such substance
     4  are  designed,  installed, and used in accordance with nationally recog-
     5  nized published standards that  protect  building  occupant  safety  and
     6  reduce  fire  risks.  Substances  under review but not yet listed by the
     7  United States Environmental Protection  Agency  pursuant  to  42  U.S.C.
     8  767lk  may  be  allowed for use provided that such substance has a lower
     9  global warming potential than alternative substances and such  substance
    10  and  the  refrigeration or air conditioning system or other equipment or
    11  products utilizing such substance are designed, installed, and  used  in
    12  accordance  with  nationally recognized published standards that protect
    13  building occupant safety and reduce fire risks and,  if  such  substance
    14  contains any perfluoroalkyl and polyfluoroalkyl substances, has not been
    15  determined  by  the  department of environmental conservation to require
    16  additional study to determine the extent  of  any  environmental  and/or
    17  health impacts that may result from such use.
    18    §  25. This act shall take effect immediately; provided, however, that
    19  sections six through twenty-four of this act shall take  effect  on  the
    20  one  hundred  eightieth  day after it shall have become a law; provided,
    21  however, that the amendments to subdivision 4 of section 16-106  of  the
    22  energy  law  made  by  section  sixteen of this act shall not affect the
    23  repeal of such subdivision  and  shall  be  deemed  repealed  therewith.
    24  Effective  immediately,  the  addition,  amendment, and/or repeal of any
    25  rule or regulation necessary for the timely implementation of  this  act
    26  on  or  before  its  effective date are hereby authorized to be made and
    27  completed on or before such effective date.
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