STATE OF NEW YORK ________________________________________________________________________
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2021-2022 Regular Sessions
IN ASSEMBLY
June 16, 2021 ___________
Introduced by M. of A. FAHY, CUSICK, McDONALD, L. ROSENTHAL, BURKE, STECK, SEAWRIGHT, SIMON, JACOBSON, DAVILA, GALEF, KELLES, THIELE, FORREST, GONZALEZ-ROJAS, CARROLL, HEVESI, PAULIN, ENGLEBRIGHT, GALLAGHER, STERN, SILLITTI, LUNSFORD, MEEKS, BURDICK, ABINANTI, OTIS, STIRPE, MITAYNES, DILAN -- (at request of the Governor) -- read once and referred to the Committee on Energy -- recommitted to the Commit- tee on Energy in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD12007-07-2
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1 12, 13, 14, and 15 are renumbered to be subdivisions 12, 13, 14, 15, and 2 16, and a new subdivision 11 is added to read as follows: 3 3. ["ASHRAE 90.1-2007." ANSI/ASHRAE/IESNA] "ASHRAE 90.1." 4 ANSI/ASHRAE/IES Standard [90.1-2007] 90.1, entitled "Energy [Standards] 5 Standard for Buildings Except Low-Rise Residential Buildings," published 6 by American Society of Heating, Refrigerating and Air-Conditioning Engi- 7 neers, Inc. 8 9. "Historic building." Any building that is one or more of the 9 following: (a) listed, or certified as eligible for listing, on the 10 national register of historic places or on the state register of histor- 11 ic places, (b) [determined by the commissioner of parks, recreation and 12 historic preservation to be eligible for listing on the state register 13 of historic places] designated as historic under an applicable state or 14 local law, or (c) [determined by the commissioner of parks, recreation 15 and historic preservation to be a contributing building to an historic 16 district that is listed or eligible for listing on the state or national 17 registers of historic places, or (d) otherwise defined as an historic 18 building in regulations adopted by the state fire prevention and build- 19 ing code council] certified as a contributing resource within a national 20 register-listed, state register-listed, or locally designated historic 21 district. 22 11. "Life-cycle cost." An estimate of the total cost of acquisition, 23 operation, maintenance, and construction of any energy system within or 24 related to a building over the design life of the building. "Life-cycle 25 cost" includes, but is not limited to, the cost of fuel, materials, 26 machinery, ancillary devices, labor, service, replacement, and repairs. 27 § 4. Paragraph (b) of subdivision 1 and subdivisions 2 and 3 of 28 section 11-103 of the energy law, paragraph (b) of subdivision 1 as 29 added and subdivision 2 as amended by chapter 560 of the laws of 2010 30 and subdivision 3 as amended by chapter 292 of the laws of 1998, are 31 amended to read as follows: 32 (b) The code shall apply to the construction of any new building. The 33 code shall also apply to an addition to, and alteration of, any existing 34 building or building system; provided, however, that the code shall not 35 be interpreted to require any unaltered portion of the existing building 36 or building system to comply with the code. The code shall [not apply to 37 the following provided that the energy use of the building is not 38 increased: 39 (1) storm windows installed over existing fenestration; 40 (2) glass only replacements in an existing sash and frame; 41 (3) existing ceiling, wall or floor cavities exposed during 42 construction provided that these cavities are filled with insulation; 43 (4) construction where the existing roof, wall or floor cavity is not 44 exposed; 45 (5) reroofing for roofs where neither the sheathing nor the insulation 46 is exposed; roofs without insulation in the cavity and where the sheath- 47 ing or insulation is exposed during reroofing shall be insulated either 48 above or below the sheathing; 49 (6) replacement of existing doors that separate conditioned space from 50 the exterior shall not require the installation of a vestibule or 51 revolving door, provided, however, that an existing vestibule that sepa- 52 rates such conditioned space from the exterior shall not be removed; 53 (7) alterations that replace less than fifty percent of the luminaires 54 in a space, provided that such alterations do not increase the installed 55 interior lighting power;
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1 (8) alterations that replace only the bulb and ballast within the 2 existing luminaires in a space provided that the alteration does not 3 increase the installed interior lighting power; and 4 (9) any other exception] be subject to such other exceptions as may be 5 adopted by the state fire prevention and building code council provided 6 that such [exception will] exceptions shall not prevent the attainment 7 of the compliance goals set forth in section 410(2)(c) of the American 8 Recovery and Reinvestment Act of 2009. 9 2. (a) The state fire prevention and building code council is author- 10 ized, from time to time as it deems appropriate and consistent with the 11 purposes of this article, to review and amend the code, or adopt a new 12 code, through rules and regulations provided that the code remains cost 13 effective with respect to building construction in the state. In deter- 14 mining whether the code remains cost effective, the code council shall 15 consider [whether the cost of materials and their installation to meet 16 its standards would be equal to or less than the present value of energy 17 savings that could be expected over a ten year period in the building in 18 which such materials are installed] (i) whether the life-cycle costs for 19 a building will be recovered through savings in energy costs over the 20 design life of the building under a life-cycle cost analysis performed 21 under methodology as established by the New York state energy research 22 and development authority in regulations which may be updated from time 23 to time, and (ii) secondary or societal effects, such as reductions in 24 greenhouse gas emissions, as defined in regulations. Before publication 25 of a notice of proposed rule making establishing the methodology or 26 defining secondary or societal effects, the president of the authority 27 shall conduct public meetings to provide meaningful opportunities for 28 public comment from all segments of the population that would be 29 impacted by the regulations, including persons living in disadvantaged 30 communities as identified by the climate justice working group estab- 31 lished under section 75-0111 of the environmental conservation law. For 32 residential buildings, the code shall meet or exceed the then most 33 recently published International Energy Conservation Code, or achieve 34 equivalent or greater energy savings; and for commercial buildings, the 35 code shall meet or exceed the then most recently published ASHRAE 36 [90.1-2007] 90.1, or achieve equivalent or greater energy savings. 37 (b) When adopting the first amended version of the code next following 38 the effective date of the chapter of the laws of two thousand twenty-two 39 that added this paragraph and any subsequent codes, the state fire 40 prevention and building code council shall use its best efforts to adopt 41 provisions for residential buildings that achieve energy savings greater 42 than energy savings achieved by the then most recently published Inter- 43 national Energy Conservation Code and to adopt provisions for commercial 44 buildings that achieve energy savings greater than energy savings 45 achieved by the then most recently published ASHRAE 90.1, both at levels 46 recommended by the New York state energy research and development 47 authority, provided that the state fire prevention and building code 48 council determines that such advanced energy savings can be achieved 49 while still meeting the cost effectiveness considerations contemplated 50 by this subdivision. 51 3. Notwithstanding any other provision of law, the state fire 52 prevention and building code council in accordance with the mandate 53 under this article shall have exclusive authority among state agencies 54 to promulgate a construction code incorporating energy conservation 55 features and clean energy features applicable to the construction of any 56 building, including but not limited to greenhouse gas reduction. Any
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1 other code, rule or regulation heretofore promulgated or enacted by any 2 other state agency, incorporating specific energy conservation and clean 3 energy requirements applicable to the construction of any building, 4 shall be superseded by the code promulgated pursuant to this section. 5 Notwithstanding the foregoing, nothing in this section shall be deemed 6 to expand the powers of the council to include matters that are exclu- 7 sively within the statutory jurisdiction of the public service commis- 8 sion, the department of environmental conservation, the office of renew- 9 able energy siting or another state entity. 10 § 5. Subdivision 5 of section 11-104 of the energy law, as amended by 11 chapter 560 of the laws of 2010, is amended and a new subdivision 6 is 12 added to read as follows: 13 5. The [code shall exempt from such uniform standards and requirements 14 any historic building as defined in section 11-102 of this article] 15 state fire prevention and building code council shall provide exemptions 16 to such uniform standards and requirements for historic buildings as 17 defined in section 11-102 of this article, to the extent that the 18 uniform standards and requirements would threaten, degrade, or destroy 19 the historic form, fabric, or function of such historic buildings. Any 20 determination on a request for an exemption pursuant to this subdivision 21 shall be made only after consultation with the state commissioner of 22 parks, recreation and historic preservation pursuant to section 14.09 of 23 the parks, recreation and historic preservation law. If the exemption is 24 requested for a locally designated or certified historic building, the 25 locality shall also be consulted. 26 6. To the fullest extent feasible, the standards for construction of 27 buildings in the code shall be designed to help achieve the state's 28 clean energy and climate agenda, including but not limited to greenhouse 29 gas reduction, set forth within chapter one hundred six of the laws of 30 two thousand nineteen, also known as the New York state climate leader- 31 ship and community protection act, and as further identified by the New 32 York state climate action council established pursuant to section 33 75-0103 of the environmental conservation law. 34 § 6. The article heading of article 16 of the energy law, as added by 35 chapter 431 of the laws of 2005, is amended to read as follows: 36 APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS 37 § 6-a. Section 16-102 of the energy law is amended by adding a new 38 subdivision 1-a to read as follows: 39 1-a. "Product" means any appliance or equipment, other than a motor 40 vehicle, which in operation consumes or is designed to consume energy or 41 to result in the consumption of energy, including any water-related 42 appliance, equipment or fixture that is designed to consume or result in 43 the consumption of energy in its operation or use. 44 § 7. Subdivision 4-a of section 16-102 of the energy law, as added by 45 chapter 222 of the laws of 2010, is amended to read as follows: 46 4-a. ["Bottle-type water dispenser" means a water dispenser that uses 47 a bottle or reservoir as the source of potable water.] The following 48 definitions refer to water coolers: 49 (a) "Bottle-type" means a water dispenser that uses a bottle or reser- 50 voir as the source of potable water. 51 (b) "Water cooler" means a freestanding device that consumes energy to 52 cool and/or heat potable water. 53 (c) "Cold only units" means units that dispense cold water only. 54 (d) "Hot and cold units" means units that dispense both hot and cold 55 water. Some units may also offer room-temperature water.
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1 (e) "Cook and cold units" means units that dispense both cold and 2 room-temperature water. 3 (f) "Point of use (POU)" means the water cooler is connected to a 4 pressurized water source. 5 (g) "Conversion-type" means a unit that ships as either bottle-type or 6 POU and includes a conversion kit intended to convert the water cooler 7 from a bottle-type unit to a POU unit or to convert a POU unit to a 8 bottle-type unit. 9 (h) "Storage-type" means thermally conditioned water is stored in a 10 tank in the water cooler and is available instantaneously. 11 (i) "On demand" means the water cooler heats water as it is requested, 12 which typically takes a few minutes to deliver. 13 § 8. Subdivision 11 of section 16-102 of the energy law, as added by 14 chapter 431 of the laws of 2005, is amended to read as follows: 15 11. "Consumer audio and video product" means [televisions,] a mains- 16 connected product that amplifies audio, offers optical, offers disc 17 player functionality, and/or receives and plays audio and/or video 18 content. Examples of consumer audio and video products include compact 19 audio products, digital versatile disc players, digital versatile disc 20 recorders, [and] digital television adapters and streaming media play- 21 ers. Televisions are specifically excluded from consumer audio and 22 video products. 23 § 9. Subdivision 18 of section 16-102 of the energy law, as added by 24 chapter 431 of the laws of 2005, is amended to read as follows: 25 18. ["Energy efficiency performance standards"] "Efficiency standard" 26 means [performance standards which prescribe a minimum level of energy 27 efficiency determined in accordance with test procedures prescribed by 28 the secretary in consultation with the president] a standard that 29 defines performance metrics and/or defines prescriptive design require- 30 ments associated with the regulated category of product in order to 31 reduce energy consumption, and reduce greenhouse gas emissions associ- 32 ated with energy consumption and/or increase demand flexibility. 33 § 10. Subdivisions 27-a and 27-b of section 16-102 of the energy law, 34 as added by chapter 222 of the laws of 2010, are amended to read as 35 follows: 36 27-a. "Portable electric spa" means a factory-built electric spa or 37 hot tub, [supplied with equipment for heating and circulating water] 38 which may or may not include any combination of integral controls, water 39 heating or water circulating equipment. 40 27-b. "Portable light fixture" means a light fixture which has a flex- 41 ible cord and an attachment plug for connection to a nominal one hundred 42 twenty-volt, fifteen- or twenty-ampere branch circuit; which can be 43 relocated by the user without any rewiring; [and] which is typically 44 controlled with a switch located on the light fixture itself or on the 45 power cord; and which are intended for use in accordance with the 46 national electrical code, ANSI/NFPA 70-2002. "Portable light fixture" 47 does not include direct plug-in nightlights; sun and heat lamps; aquari- 48 um lamps; medical and dental lights; portable electric hand lamps; signs 49 and commercial advertising displays; photographic lamps; germicidal 50 lamps; [metal halide lamp fixtures; torchiere lighting fixtures] illumi- 51 nated vanity mirrors; lava lamps not providing general or task illumi- 52 nation; industrial work lights rated for use with a lamp providing 53 greater than seven thousand lumens; portable lamp fixtures for marine 54 use or for use in hazardous locations as defined in the national elec- 55 trical code, ANSI/NFPA 70; or decorative lighting outfits or electric
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1 candles and candelabras without lampshades that are covered by the stan- 2 dard for safety of seasonal and holiday decorative products, UL 588. 3 § 11. Subdivision 29-a of section 16-102 of the energy law, as added 4 by chapter 222 of the laws of 2010, is amended to read as follows: 5 29-a. "[Residential] Replacement dedicated-purpose pool pump motor" 6 means [a product which is designed or used to circulate and filter resi- 7 dential swimming pool water in order to maintain clarity and sanitation 8 and which consists in part of a motor and an impeller] an electric motor 9 that: 10 (a) is single-phase or polyphase; 11 (b) has a dedicated purpose pool pump motor total horsepower of less 12 than or equal to five horsepower; 13 (c) is marketed for use as a replacement motor in self-priming pool 14 filter pump, non-self-priming pool filter pump or pressure cleaner 15 booster pump applications; and 16 (d) excludes polyphase replacement dedicated-purpose pool pump motors 17 capable of operating without a drive, and is sold or offered for sale 18 without a drive that converts single-phase power to polyphase power. 19 § 12. Subdivision 33 of section 16-102 of the energy law, as added by 20 chapter 431 of the laws of 2005, is amended to read as follows: 21 33. "Television (TV)" means [a commercially available electronic prod- 22 uct consisting of a tuner/receiver and a monitor encased in a single 23 housing, which is] an analog or digital device primarily designed to 24 receive and display [an analog or digital video television signal broad- 25 cast by an antenna, satellite, cable, or broadband source] terrestrial, 26 satellite, cable, Internet Protocol TV (IPTV), or other broadcast or 27 recorded transmissions of analog or digital video and audio signals. TVs 28 include combination TVs, television monitors, component TVs, and any 29 unit that is marketed to the consumer as a TV. "Television" does not 30 include [multifunction TVs which have VCR, DVD, DVR, or EPG functions] 31 computer monitors. 32 § 13. Section 16-102 of the energy law is amended by adding thirty- 33 eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42, 34 42-a, 43, 43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52, 53, 54, 55, 35 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows: 36 18-a. "Greenhouse gas" means "greenhouse gas" as defined in subdivi- 37 sion seven of section 75-0101 of the environmental conservation law. 38 18-b. "Demand flexibility" means the capability to schedule, shift, or 39 curtail the electrical demand of a load-serving entity's customer 40 through direct action by the customer or through action by a third 41 party, the load-serving entity, or a grid balancing authority, with the 42 customer's consent. 43 21-c. "Duv" means a metric that quantifies the distance between the 44 chromaticity of a given light source and a blackbody radiator of equal 45 correlated color temperature (CCT) on a CIE 1976 (u, v) chromatic 46 diagram demonstrating how different two light sources of the same color 47 temperature appear. 48 21-d. "Light Emitting Diode (LED) lamp" means a lamp capable of 49 producing light with Duv between -0.012 and 0.012, and that has an E12, 50 E17, E26, or GU-24 base, including LED lamps that are designed for 51 retrofit within existing recessed can housings that contain one of the 52 preceding bases. LED lamp does not include a lamp with a brightness of 53 more than two thousand six hundred lumens or a lamp that cannot produce 54 light with a correlated color temperature between two thousand two 55 hundred Kelvin and seven thousand Kelvin. 56 38. The following definitions refer to air compressors:
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1 (a) "Air compressor" means a compressor designed to compress air that 2 has an inlet open to the atmosphere or other source of air, and is made 3 up of a compression element (bare compressor), driver or drivers mechan- 4 ical equipment to drive the compressor element, and any ancillary equip- 5 ment. 6 (b) "Compressor" means a machine or apparatus that converts different 7 types of energy into the potential energy of gas pressure for displace- 8 ment and compression of gaseous media to any higher-pressure values 9 above atmospheric pressure and has a pressure ratio at full-load operat- 10 ing pressure greater than 1.3. 11 39. The following definitions refer to air purifiers: 12 (a) "Air purifier", also known as "room air cleaner", means an elec- 13 tric, cord-connected, portable appliance with the primary function of 14 removing particulate matter from the air and which can be moved from 15 room to room. 16 (b) "Industrial air purifier" means an indoor air cleaning device 17 manufactured, advertised, marketed, labeled, and used solely for indus- 18 trial use that are marketed solely through industrial supply outlets or 19 businesses and prominently labeled as "Solely for industrial use. Poten- 20 tial health hazard: emits ozone." 21 40. "Commercial dishwasher" means a machine designed to clean and 22 sanitize plates, pots, pans, glasses, cups, bowls, utensils, and trays 23 by applying sprays of detergent solution (with or without blasting media 24 granules) and a sanitizing rinse and is not a "compact dishwasher" or 25 "standard dishwasher" (capacity less than eight place settings plus six 26 serving pieces as specified in ANSI/AHAM DW-1 using the test load speci- 27 fied in section 2.7 of appendix C in subpart B of 10 CFR 430.2). 28 41. "Commercial fryer" means an appliance for non-residential use, 29 including a cooking vessel, in which oil is placed to such a depth that 30 the cooking food is essentially supported by displacement of the cooking 31 fluid rather than by the bottom of the vessel. Heat is delivered to the 32 cooking fluid by means of an immersed electric element of band-wrapped 33 vessel (electric fryers) or by heat transfer from gas burners through 34 either the walls of the fryer or through tubes passing through the cook- 35 ing fluid (gas fryers). 36 41-a. "Commercial oven" means a chamber designed for heating, roast- 37 ing, or baking food by conduction, convection, radiation, and/or elec- 38 tromagnetic energy. 39 42. "Commercial steam cooker" also known as "compartment steamer", 40 means a device for non-residential use with one or more food-steaming 41 compartments in which the energy in the steam is transferred to the food 42 by direct contact. Models may include countertop models, wall-mounted 43 models, and floor models mounted on a stand, pedestal, or cabinet-style 44 base. 45 42-a. "Commercial hot food holding cabinet" means a heated, fully 46 enclosed compartment, with one or more solid or partial glass doors, 47 that is designed to maintain the temperature of hot food that has been 48 cooked in a separate appliance. "Commercial hot food holding cabinet" 49 does not include heated glass merchandising cabinets, drawer warmers or 50 cook-and-hold appliances. 51 43. "Computer" means a device that performs logical operations and 52 processes data. A computer includes both stationary and portable units 53 and includes a desktop computer, a portable all-in-one, a notebook 54 computer, a mobile gaming system, a high-expandability computer, a 55 small-scale server, a thin client, and a workstation. Although a comput- 56 er is capable of using input devices and displays, such devices are not
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1 required to be included with the computer when the computer is shipped. 2 A computer is composed of, at a minimum, (a) a central processing unit 3 (CPU) to perform operations or, if no CPU is present, then the device 4 must function as a client gateway to a server, and the server acts as a 5 computational CPU; (b) the ability to support user input devices such as 6 a keyboard, mouse, or touch pad; and (c) an integrated display screen or 7 the ability to support an external display screen to output information. 8 The term "computer" does not include a tablet, a game console, a tele- 9 vision, a device with an integrated and primary display that has a 10 screen size of twenty square inches or less, a server other than a 11 small-scale server, or an industrial computer. 12 43-a. "Computer monitor" means an analog or digital device of size 13 greater than or equal to seventeen inches and less than or equal to 14 sixty-one inches, that has a pixel density of greater than five thousand 15 pixels per square inch, and that is designed primarily for the display 16 of computer-generated signals for viewing by one person in a desk-based 17 environment. A computer monitor is composed of a display screen and 18 associated electronics. A computer monitor does not include, (a) 19 displays with integrated or replaceable batteries designed to support 20 primary operation without AC mains or external DC power (e.g. electronic 21 readers, mobile phones, portable tablets, battery-powered digital 22 picture frames); or (b) a television or signage display. 23 44. "General service lamp" shall include the following definitions: 24 (a) "Compact fluorescent lamp (CFL)" means an integrated or non-inte- 25 grated single-base, low-pressure mercury, electric-discharge source in 26 which a fluorescing coating transforms some of the ultraviolet energy 27 generated by the mercury discharge into light; this term shall not 28 include circline or U-shaped lamps. 29 (b) "General service incandescent lamp" means a standard incandescent 30 or halogen type lamp that is intended for general service applications, 31 has a medium screw base, has a lumen range of not less than three 32 hundred ten lumens and not more than two thousand six hundred lumens, or 33 in the case of a modified spectrum lamp, not less than two hundred thir- 34 ty-two lumens and not more than one thousand nine hundred fifty lumens, 35 and is capable of being operated at a voltage range at least partially 36 within one hundred ten and one hundred thirty volts; provided, however, 37 that this definition shall not apply to the following incandescent 38 lamps: 39 (i) Appliance lamps; 40 (ii) Black light lamps; 41 (iii) Bug lamps; 42 (iv) Colored lamps; 43 (v) G shape lamps (as defined in ANSI C78.20 and C79.1-2002) with a 44 diameter of five inches or more; 45 (vi) Infrared lamps; 46 (vii) Left-hand thread lamps; 47 (viii) Marine lamps; 48 (ix) Marine signal service lamps; 49 (x) Mine service lamps; 50 (xi) Plant light lamps; 51 (xii) Reflector lamps; 52 (xiii) Sign service lamps; 53 (xiv) Silver bowl lamps; 54 (xv) Showcase lamps; 55 (xvi) Rough service lamps;
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1 (xvii) Shatter-resistant lamps (including shatter-proof lamps and 2 shatter-protected lamps); 3 (xviii) 3-way incandescent lamps; 4 (xix) Vibration service lamps; 5 (xx) AB, BA, CA, F, G16-1/2, G-25, G30, S, or M-14 lamps (as defined 6 in ANSI C79.1-2002 and ANSI C78.20) of forty watts or less; 7 (xxi) T shape lamps (as defined in ANSI C78.20 and ANSI C79.1-2002) 8 and that uses not more than forty watts or has a length of more than ten 9 inches; and 10 (xxii) Traffic signal lamps. 11 (c) "General service lamp" means a lamp that has an ANSI base, is able 12 to operate at a voltage of twelve volts or twenty-four volts, at or 13 between one hundred to one hundred thirty volts, at or between two 14 hundred twenty to two hundred forty volts, or of two hundred seventy- 15 seven volts for integrated lamps, or is able to operate at any voltage 16 for non-integrated lamps, has an initial lumen output of greater than or 17 equal to three hundred ten lumens (or two hundred thirty-two lumens for 18 modified spectrum general service incandescent lamps) and less than or 19 equal to three thousand three hundred lumens, is not a light fixture, is 20 not an LED downlight retrofit kit, and is used in general lighting 21 applications. General service lamps shall include, but not be limited 22 to, general service incandescent lamps, incandescent reflector lamps, 23 compact fluorescent lamps, general service light emitting diode lamps, 24 and general service organic light emitting diode lamps. General service 25 lamps shall not include: 26 (i) Appliance lamps; 27 (ii) Black light lamps; 28 (iii) Bug lamps; 29 (iv) Colored lamps; 30 (v) G shape lamps with a diameter of five inches or more as defined in 31 ANSI C79.1-2002; 32 (vi) General service fluorescent lamps; 33 (vii) High intensity discharge lamps; 34 (viii) Infrared lamps; 35 (ix) J, JC, JCD, JCS, JCV, JCX, JD, JS, and JT shape lamps that do not 36 have Edison screw bases; 37 (x) Lamps that have a wedge base or prefocus base; 38 (xi) Left-hand thread lamps; 39 (xii) Marine lamps; 40 (xiii) Marine signal service lamps; 41 (xiv) Mine service lamps; 42 (xv) MR shape lamps that have a first number symbol equal to sixteen 43 (diameter equal to two inches) as defined in ANSI C79.1-2002, operate at 44 twelve volts and have a lumen output greater than or equal to 800; 45 (xvi) Other fluorescent lamps; 46 (xvii) Plant light lamps; 47 (xviii) R20 short lamps; 48 (xix) Reflector lamps that have a first number symbol less than 49 sixteen (diameter less than two inches) as defined in ANSI C79.1-2002 50 and that do not have E26/E24, E26d, E26/50x39, E26/53x39, E29/28, 51 E29/53x39, E39, E39d, EP39, or EX39 bases; 52 (xx) S shape or G shape lamps that have a first number symbol less 53 than or equal to 12.5 (diameter less than or equal to 1.5625 inches) as 54 defined in ANSI C79.1-2002; 55 (xxi) Sign service lamps; 56 (xxii) Silver bowl lamps;
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1 (xxiii) Showcase lamps; 2 (xxiv) Specialty MR lamps; 3 (xxv) T shape lamps that have a first number symbol less than or equal 4 to 8 (diameter less than or equal to one inch) as defined in ANSI 5 C79.1-2002, nominal overall length less than twelve inches, and that are 6 not compact fluorescent lamps; and 7 (xxvi) Traffic signal lamps. 8 (d) "General service light-emitting diode (LED) lamp" means an inte- 9 grated or non-integrated LED lamp designed for use in general lighting 10 applications and that uses light-emitting diodes as the primary source 11 of light. 12 (e) "General service organic light-emitting diode (OLED) lamp" means a 13 thin-film light-emitting device that typically consists of a series of 14 organic layers between two electrical contacts (electrodes). 15 (f) "Incandescent reflector lamp" or "reflector lamp" means any lamp 16 in which light is produced by a filament heated to incandescence by an 17 electric current, which: contains an inner reflective coating on the 18 outer bulb to direct the light; is not colored; is not designed for 19 rough or vibration service applications; is not an R20 short lamp; has 20 an R, PAR, ER, BR, BPAR, or similar bulb shapes with an E26 medium screw 21 base; has a rated voltage or voltage range that lies at least partially 22 in the range of one hundred fifteen and one hundred thirty volts; has a 23 diameter that exceeds 2.25 inches; and has a rated wattage that is forty 24 watts or higher. 25 45. "Federally exempt fluorescent lamp" means any linear lamps 26 excluded from the definition of general service fluorescent lamps in 10 27 CFR 430.32(n). Federally exempt fluorescent lamps include high-CRI line- 28 ar fluorescent lamps, impact-resistant linear fluorescent lamps, cold- 29 temperature linear fluorescent lamps, and less than four-foot linear 30 fluorescent lamps. 31 46. The following definitions refer to portable air conditioners: 32 (a) "Portable air conditioner" means a portable encased assembly, 33 other than a packaged terminal air conditioner, room air conditioner, or 34 dehumidifier, that delivers cooled, conditioned air to an enclosed 35 space, and is powered by single-phase electric current. Such portable 36 air conditioner includes a source of refrigeration and may include addi- 37 tional means for air circulation and heating and may be a single-duct or 38 a dual-duct portable air conditioner. 39 (b) "Single-duct portable air conditioner" means a portable air condi- 40 tioner that draws all of the condenser inlet air from the conditioned 41 space without the means of a duct and discharges the condenser outlet 42 air outside the conditioned space through a single-duct attached to an 43 adjustable window bracket. 44 (c) "Dual-duct portable air conditioner" means a portable air condi- 45 tioner that draws some or all of the condenser inlet air from outside 46 the conditioned space through a duct attached to an adjustable window 47 bracket, may draw additional condenser inlet air from the conditioned 48 space, and discharges the condenser outlet air outside the conditioned 49 space by means of a separate duct attached to an adjustable window 50 bracket. 51 46-a. "Residential ventilating fan" means a fan with the purpose to 52 actively supply air to or remove air from the inside of a residence. 53 This includes ceiling and wall-mounted fans or remotely mounted in-line 54 fans designed to be used in a bathroom or utility room, supply fans 55 designed to provide air to indoor space and kitchen range hoods. Supply 56 fans may also be designed to filter incoming air.
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1 47. "Telephone" means an electronic product whose primary purpose is 2 to transmit and receive sound over a distance using a voice or data 3 network. 4 48. The following definitions refer to faucets and showerheads: 5 (a) "Faucet" means a lavatory faucet, kitchen faucet, metering faucet, 6 public lavatory faucet, or replacement aerator for a lavatory, public 7 lavatory or kitchen faucet. 8 (b) "Public lavatory faucet" means a fitting intended to be installed 9 in nonresidential bathrooms that are exposed to walk-in traffic. 10 (c) "Metering faucet" means a faucet that, when turned on, will gradu- 11 ally shut itself off over a period of several seconds. 12 (d) "Replacement aerator" means an aerator sold as a replacement, 13 separate from the faucet to which it is intended to be attached. 14 (e) "Showerhead" means a device through which water is discharged for 15 a shower bath and includes a hand-held showerhead but does not include a 16 safety shower showerhead. 17 (f) "Hand-held showerhead" means a showerhead that can be held or 18 fixed in place for the purpose of spraying water onto a bather and that 19 is connected to a flexible hose. 20 49. The following definitions refer to urinals and water closets: 21 (a) "Plumbing fixture" means an exchangeable device, which connects to 22 a plumbing system to deliver and drain away water and waste. 23 (b) "Urinal" means a plumbing fixture that receives only liquid body 24 waste and, conveys the waste through a trap into a drainage system. 25 (c) "Water closet" means a plumbing fixture having a water-containing 26 receptor that receives liquid and solid body waste through an exposed 27 integral trap into a drainage system. 28 (d) "Dual-flush effective flush volume" means the average flush volume 29 of two reduced flushes and one full flush. 30 (e) "Dual-flush water closet" means a water closet incorporating a 31 feature that allows the user to flush the water closet with either a 32 reduced or a full volume of water. 33 (f) "Trough-type urinal" means a urinal designed for simultaneous use 34 by two or more persons. 35 50. The following definitions refer to spray sprinkler bodies: 36 (a) "Pressure regulator" means a device that maintains constant oper- 37 ating pressure immediately downstream from the device, given higher 38 pressure upstream. 39 (b) "Spray sprinkler body" means the exterior case or shell of a 40 sprinkler incorporating a means of connection to the piping system 41 designed to convey water to a nozzle or orifice. 42 51. "Uninterruptable power supply" means a battery charger consisting 43 of a combination of convertors, switches and energy storage devices 44 (such as batteries), constituting a power system for maintaining conti- 45 nuity of load power in case of input power failure. 46 52. "Commercial battery charger system (BCS)" or "state-regulated BCS" 47 means a battery charger coupled with its batteries or battery chargers 48 coupled with their batteries, which together are referred to as state- 49 regulated battery charger systems. This term covers all rechargeable 50 batteries or devices incorporating a rechargeable battery and the char- 51 gers used with them. Battery charger systems include, but are not 52 limited to: 53 (a) electronic devices with a battery that are normally charged from 54 AC line voltage or DC input voltage through an internal or external 55 power supply and a dedicated battery charger;
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1 (b) the battery and battery charger components of devices that are 2 designed to run on battery power during part or all of their operations; 3 (c) dedicated battery systems primarily designed for electrical or 4 emergency backup; and 5 (d) devices whose primary function is to charge batteries, along with 6 the batteries they are designed to charge. These units include chargers 7 for power tool batteries and chargers for automotive, AA, AAA, C, D, or 8 9V rechargeable batteries, as well as chargers for batteries used in 9 larger industrial motive equipment and a la carte chargers. 10 The charging circuitry of battery charger systems may or may not be 11 located within the housing of the end-use device itself. In many cases, 12 the battery may be charged with a dedicated external charger and power 13 supply combination that is separate from the device that runs on power 14 from the battery. State-regulated battery charger systems do not include 15 federally regulated battery chargers that are covered under standards in 16 10 C.F.R. section 430.32(z). 17 53. "Gas fireplace" means a decorative gas fireplace or a heating gas 18 fireplace. 19 (a) "Decorative gas fireplace" means a vented fireplace, including 20 appliances that are freestanding, recessed, zero clearance, or a gas 21 fireplace insert, that is fueled by natural gas or propane, is marked 22 for decorative use only, and is not equipped with a thermostat or 23 intended for use as a heater. 24 (b) "Heating gas fireplace" means a vented fireplace, including appli- 25 ances that are freestanding, recessed, zero clearance, or a gas fire- 26 place insert, that is fueled by natural gas or propane and is not a 27 decorative fireplace. 28 54. "Manufactured home" has the meaning ascribed to that term by 29 subdivision seven of section six hundred one of the executive law. 30 55. "Recreational vehicle" means a van or utility vehicle used for 31 recreational purposes. 32 56. "Uniform code" means the New York state uniform fire prevention 33 and building code adopted pursuant to article eighteen of the executive 34 law. 35 57. "Energy code" means the New York state energy conservation 36 construction code adopted pursuant to article eleven of this chapter. 37 58. "Electric vehicle supply equipment (EVSE)" means equipment that 38 supplies electricity in an appropriate form to storage devices, includ- 39 ing batteries and super capacitors, that are part of electric vehicles. 40 Such term shall include equipment that performs this function and equip- 41 ment that is embedded in electric vehicles. 42 59. "Electric vehicle" means an on-road vehicle that draws electricity 43 for propulsion from a traction battery with a least five kilowatt-hours 44 (kWh) of capacity, and uses an external source of energy to recharge the 45 battery. Such term shall include a plug-in hybrid electric vehicle 46 (PHEV) with a second source of energy for propulsion, and a battery 47 electric vehicle (BEV), which is powered solely by externally supplied 48 electricity stored on-board such electric vehicle. 49 60. "Commercial clothes dryer" means a clothes dryer designed to dry 50 fabrics in a tumble-type drum with forced air circulation and is 51 designed for use in: 52 (a) Applications in which the occupants of more than one household 53 will be using the clothes dryer, including multi-family housing common 54 areas and coin laundries; or 55 (b) Other commercial applications.
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1 61. "Commercial and industrial fans and blowers" means a rotary-bladed 2 machine used to convert power to air power, with a brake horsepower 3 greater than or equal to either one kilowatt or one horsepower, and an 4 air horsepower less than or equal to one hundred fifty, and used for 5 commercial and industrial purposes. 6 62. "Imaging equipment" means copiers, printers, scanners, fax 7 machines, and multifunction devices used both in homes and businesses. 8 63. "Landscape irrigation controller" means a device intended to 9 remotely control valves to operate an irrigation system for landscapes, 10 which may consist of grass, shrubs, trees and/or other vegetation. This 11 term shall not include devices that are typically sold separately and 12 used primarily for other purposes, such as a network router, and may be 13 used incidentally for a landscape irrigation controller. This term shall 14 not include battery powered hose-end timers or devices used primarily in 15 agricultural applications. 16 64. "Outdoor lighting" means electrical lighting used to illuminate 17 outdoor areas, including parking lots, streetlights, highways and area 18 luminaires. 19 65. "Plug-in luminous signs" means a self-contained, luminous sign 20 unit that plugs into 120V AC building mains power and is intended for 21 indoor use only. Signs may be intended for use in commercial outlets in 22 business establishments or in residences. 23 66. "Small network equipment" means a device whose primary function is 24 to pass internet protocol (IP) traffic among various network interfaces 25 or ports intended for use in residential and small business settings. 26 67. "Tub spout diverters" means the following definitions: 27 (a) A bath and shower diverter whose diverter mechanism is located in 28 the tub spout; and/or 29 (b) Bath and shower diverter means a device used to direct the flow of 30 water either toward a tub spout or toward a secondary outlet intended 31 for showering purposes, including a showerhead or body spray. 32 § 14. Section 16-104 of the energy law, as added by chapter 431 of the 33 laws of 2005, subdivision 1 as amended by chapter 222 of the laws of 34 2010, is amended to read as follows: 35 § 16-104. Applicability, conduct prohibited. 1. The provisions of 36 this article apply to the establishment of, testing for compliance with, 37 certification of compliance with, and enforcement of efficiency stand- 38 ards for the following new products which are sold, or offered for sale, 39 leased or offered for lease, rented or offered for rent or installed or 40 offered to install in New York state unless preempting federal appliance 41 standards are in effect: (a) automatic commercial ice cube machines; (b) 42 ceiling fan light kits; (c) commercial pre-rinse spray valves; (d) 43 commercial refrigerators, freezers and refrigerator-freezers; (e) 44 consumer audio and video products; (f) illuminated exit signs; (g) 45 incandescent reflector lamps; (h) very large commercial packaged air- 46 conditioning and heating equipment; (i) metal halide lamp fixtures; (j) 47 pedestrian traffic signal modules; (k) power supplies; (l) torchiere 48 lighting fixtures; (m) unit heaters; (n) vehicular traffic signal 49 modules; (o) portable light fixtures; (p) bottle-type water dispensers; 50 (q) commercial hot food holding cabinets; (r) portable electric spas; 51 [and] (s) [residential] replacement dedicated-purpose pool [pumps] pump 52 motors; (t) air compressors; (u) air purifiers; (v) commercial dishwash- 53 ers; (w) commercial fryers; (x) commercial steam cookers; (y) computers 54 and computer monitors; (z) general service lamps; (aa) federally exempt 55 fluorescent lamps; (bb) portable air conditioners; (cc) residential 56 ventilating fans; (dd) telephones; (ee) faucets; (ff) showerheads; (gg)
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1 urinals; (hh) water closets; (ii) sprinkler bodies; (jj) uninterruptable 2 power supplies; (kk) light emitting diode lamps; (ll) electric vehicle 3 supply equipment; (mm) commercial battery charger systems; (nn) commer- 4 cial ovens; (oo) commercial clothes dryers; (pp) commercial and indus- 5 trial fans and blowers; (qq) imaging equipment; (rr) landscape irri- 6 gation controllers; (ss) outdoor lighting; (tt) plug-in luminous signs; 7 (uu) small network equipment; (vv) tub spout diverters; (ww) commercial 8 hot food holding cabinets; (xx) gas fireplaces; (yy) products for which 9 efficiency standards shall have been established pursuant to paragraph 10 (b) or (c) of subdivision one of section 16-106 of this article; and 11 (zz) products that had been subject to any federal efficiency standard 12 referred to in section 16-105 of this article that have been continued 13 in this state pursuant to such section. 14 2. No person shall sell[,] or offer for sale, lease or offer to lease, 15 or rent or offer to rent, or install or offer to install in New York 16 state any new product of the types enumerated in paragraphs (a) through 17 (xx) of subdivision one of this section, or any [of the] new [products 18 identified] product for which efficiency standards shall have been 19 established pursuant to paragraph (b) or (c) of subdivision [four] one 20 of section 16-106 of this article, [unless: (a) the product meets mini- 21 mum energy performance standards adopted pursuant to this article upon 22 the effective date of such standards; and, if required by regulations 23 promulgated] or any new product that is subject to any federal efficien- 24 cy standard that shall have been continued in this state pursuant to 25 [this] section[, (b) the manufacturer of such product certifies that the 26 product meets said minimum energy performance standards.] 16-105 of this 27 article, unless: 28 (a) it meets the efficiency standards applicable to such product as of 29 the date of manufacture of such product or as of such other date as may 30 be determined in accordance with the regulation establishing the stand- 31 ard for such product; and 32 (b) if required by regulations adopted pursuant to this article, the 33 manufacturer of such product certifies that the product meets said effi- 34 ciency standards. As used within this subdivision, reference to any new 35 product means any individual product subject to the requirements of this 36 article. 37 3. The prohibitions contained in [subdivisions one and] subdivision 38 two of this section shall not apply to: 39 (a) products manufactured in the state and sold outside the state; 40 (b) products manufactured outside the state and sold at wholesale 41 inside the state for final retail sale outside the state; 42 (c) products installed in [mobile] manufactured homes at the time of 43 construction; [or] 44 (d) products designed expressly for installation and use in recre- 45 ational vehicles; or 46 (e) urinals and water closets designed and marketed exclusively for 47 use at prisons or mental health care facilities. 48 4. The adoption of efficiency standards for any water-related appli- 49 ances, equipment or fixtures shall be subject to approval by the commis- 50 sioner of environmental conservation. Any such standard which would 51 conflict with the provisions of section 15-0314 of the environmental 52 conservation law shall not take effect until and unless waived by the 53 commissioner of environmental conservation. 54 5. In adopting the flexible demand appliance standards, the New York 55 state energy research and development authority shall consider the 56 National Institute of Standards and Technology reliability and cyberse-
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1 curity protocols, relevant New York cybersecurity laws, regulations, and 2 advisories, or other cybersecurity protocols that are equally or more 3 protective, and shall adopt, at a minimum, the North American Electric 4 Reliability Corporation's Critical Infrastructure Protection standards. 5 § 15. The energy law is amended by adding a new section 16-105 to read 6 as follows: 7 § 16-105. Adoption of certain federal efficiency standards. 1. The 8 federal efficiency standard established in 10CFR Parts 430 and 431, as 9 in effect on January first, two thousand eighteen shall be applicable to 10 products which are subject to such federal efficiency standards and 11 which are sold, offered for sale, or installed in New York state. So 12 long as such federal efficiency standards remain in effect as federal 13 efficiency standards, they shall be enforced as provided by federal law. 14 The president shall adopt by regulation all such federal efficiency 15 standards and provided that, if any such federal efficiency standard is 16 withdrawn, repealed, voided, or otherwise ceases to remain in effect as 17 a federal efficiency standard: 18 (a) such efficiency standard shall be continued in this state; 19 (b) until and unless amended or repealed pursuant to this article, the 20 president shall be authorized to adopt regulations establishing proce- 21 dures for testing the energy reduction, greenhouse gas reduction, and/or 22 increased demand flexibility associated with such product; 23 (c) the president shall be authorized to adopt regulations establish- 24 ing procedures for manufacturers of such product to certify that such 25 product meets such efficiency standard, if the president determines that 26 such manufacturer's certifications should be required; 27 (d) the president shall be authorized to adopt regulations amending 28 such efficiency standard from time to time, including regulations that 29 repeal such efficiency standard, or increase the stringency of such 30 efficiency standard; and 31 (e) if federal preemption has been waived for any particular federal 32 efficiency standard or standards, the president may adopt such standard 33 or may adopt a different standard. 34 2. This section shall not apply to any federal efficiency standard 35 set aside by a court upon the petition of a person who will be adversely 36 affected, as provided in 42 U.S.C. § 6306(b). 37 § 16. Section 16-106 of the energy law, as added by chapter 431 of the 38 laws of 2005, paragraph (c) of subdivision 2 as added by chapter 222 of 39 the laws of 2010 and subdivision 4 as amended by chapter 69 of the laws 40 of 2020, is amended to read as follows: 41 § 16-106. [Administration of article] Powers and duties of the presi- 42 dent and the secretary. 1. The [secretary, in consultation with the] 43 president[,] in consultation with the secretary shall have and be enti- 44 tled to exercise the following powers and duties: 45 (a) To [establish energy] adopt regulations establishing efficiency 46 [performance] standards for the products listed in paragraphs (a) 47 through (xx) of subdivision one of section 16-104 of this article, 48 including but not limited to, establishing [energy] efficiency [perform- 49 ance] standards for power supplies in the active mode and no-load mode 50 or other such products while in the active mode and in the standby-pas- 51 sive-mode[. 52 (b) To promulgate regulations to achieve the purposes of this article 53 provided however that no energy efficiency performance standard shall 54 become effective for a product less than one hundred eighty days after 55 it shall become final, provided, however, that no standard adopted 56 pursuant to this article shall go into effect if federal government
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1 energy efficiency performance standards regarding such product preempt 2 state standards unless preemption has been waived pursuant to federal 3 law; 4 (c) To administer and enforce the provisions of this article and any 5 rule or regulation promulgated thereunder or order issued pursuant ther- 6 eto; 7 (d) To order, pursuant to section 16-104 of this article, the immedi- 8 ate cessation of any distribution, sale or offer for sale, import or 9 installation of any product for which the secretary, in consultation 10 with the president, determines that the certification of such product 11 listed in subdivision one of section 16-104 of this article was achieved 12 in violation of section 16-108 of this article]; 13 (b) To adopt regulations establishing efficiency standards for 14 products not specifically listed in paragraphs (a) through (xx) of 15 subdivision one of section 16-104 of this article, provided that the 16 president determines that establishing such efficiency standards would 17 serve to promote energy reduction, greenhouse gas reduction, and/or 18 increased demand flexibility associated with the regulated product cate- 19 gories in this state. To the maximum extent feasible the president 20 shall coordinate any such adoption with similar efforts by other states. 21 Any regulation adopted pursuant to this paragraph may include provisions 22 establishing procedures for testing the efficiency of the covered 23 products and provisions establishing procedures for manufacturers of 24 such product to certify that such products meet the efficiency stand- 25 ards, if the president determines that such manufacturer's certif- 26 ications should be required; 27 (c) To review efficiency standards as adopted from time to time by 28 other states for products not listed in paragraphs (a) through (xx) of 29 subdivision one of section 16-104 of this article, and to adopt regu- 30 lations establishing efficiency standards similar to those adopted by 31 any other state for such products, provided that the president deter- 32 mines that establishing such efficiency standards would serve to promote 33 energy reduction, greenhouse gas reduction, and/or increased demand 34 flexibility associated with the regulated product categories in this 35 state. Any regulation adopted pursuant to this paragraph may include 36 provisions establishing procedures for testing the efficiency of the 37 covered products and provisions establishing procedures for manufactur- 38 ers of such product to certify that such products meet the efficiency 39 standards, if the president determines that such manufacturer's certif- 40 ications should be required; 41 (d) To adopt regulations to achieve the purposes of this article. Such 42 regulations shall ensure that compliance therewith will not result in a 43 net increase in co-pollutant emissions or otherwise disproportionately 44 burden disadvantaged communities as identified by the climate justice 45 working group established under section 75-0111 of the environmental 46 conservation law. In order to increase public participation and improve 47 the efficacy of any efficiency standards adopted pursuant to subdivision 48 (b) or (c) of this section, the president shall, before publication of a 49 notice of proposed rule making, conduct public meetings to provide mean- 50 ingful opportunities for public comment from all segments of the popu- 51 lation that would be impacted by the standards or regulations, including 52 persons living in disadvantaged communities as identified by the climate 53 justice working group established under section 75-0111 of the environ- 54 mental conservation law; 55 (e) To conduct investigations, test, and obtain data with respect to 56 research experiments and demonstrations, and to collect and disseminate
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1 information regarding the purposes to be achieved pursuant to this arti- 2 cle; 3 (f) To accept grants or funds for purposes of administration and 4 enforcement of this article. Notwithstanding any other provision of law 5 to the contrary, the president is hereby authorized to accept grants or 6 funds, including funds directed through negotiated settlements or 7 consent orders pursuant to this article. All funds accepted by the 8 president for the purposes of this article shall be deposited in the 9 efficiency standards administration account established by the New York 10 state energy research and development authority and maintained in a 11 segregated account in the custody of the commissioner of taxation and 12 finance. All expenditures from the efficiency standards administration 13 account pursuant to this article shall be made by the New York state 14 energy research and development authority to carry out studies, investi- 15 gations, research, expenses to provide for expert witness, consultant, 16 enforcement, administrative and legal fees, including disbursements to 17 the department of state to support enforcement activities authorized by 18 the secretary pursuant to this section, and other related expenses 19 pursuant to this article. All deposits made to the efficiency standards 20 administration account made by the New York state energy research and 21 development authority, all funds maintained in the efficiency standards 22 administration account, and disbursements therefrom, made pursuant to 23 this article shall be subject to an annual independent audit as part of 24 such authority's audited financial statements, and such authority shall 25 prepare an annual report summarizing efficiency standards administration 26 account balance and activities for each fiscal year ending March thir- 27 ty-first. In addition to submitting such report as provided in section 28 one thousand eight hundred sixty-seven of the public authorities law, 29 the authority shall provide such report to the secretary no later than 30 ninety days after commencement of such fiscal year; 31 (g) [To impose a fine and/or impose injunctive relief for any 32 violation of this article after notice and an opportunity to be heard; 33 (h) The secretary and the president shall consult with the appropriate 34 federal agencies, including, but not limited to, the federal department 35 of energy, industry and other potentially affected parties in carrying 36 out the provisions of this article] To consult with the appropriate 37 federal agencies, including, but not limited to, the federal department 38 of energy and other potentially affected parties in carrying out the 39 provisions of this article; and 40 (h) To conduct investigations, in consultation with the secretary, to 41 determine if products covered by standards adopted pursuant to this 42 article comply with such standards; to conduct tests to determine if 43 products covered by standards adopted pursuant to this article comply 44 with such standards; to prepare written reports of the results of such 45 investigations and tests; to provide such reports to the secretary; in 46 consultation with the secretary, to negotiate settlement agreements with 47 any person that violates the provisions of subdivision two of section 48 16-104 of this article, or fails to perform any duty imposed by this 49 article, or violates or fails to comply with any rule, regulation, 50 determination, or order adopted, made, or issued by the president or the 51 secretary pursuant to this article, pursuant to which such person shall 52 agree to cease such violation and to pay such civil penalty as may be 53 specified in such agreement, the terms of which will be incorporated 54 into a consent order signed by such person, the president, and the 55 secretary; to consult with the secretary in connection with determi- 56 nations made by the secretary pursuant to paragraph (b) of subdivision
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1 five of this section; and to cooperate with the secretary in enforcement 2 proceedings conducted by the secretary pursuant to this article. 3 1-a. Notwithstanding any other provision of this article, no efficien- 4 cy standard adopted pursuant to paragraph (a) of subdivision one of this 5 section shall become effective less than one hundred eighty days after 6 publication of the notice of adoption of such standard in the state 7 register; no efficiency standard adopted pursuant to paragraph (b) or 8 (c) of subdivision one of this section shall become effective less than 9 one year after publication of the notice of adoption of such efficiency 10 standard in the state register; no amendment of any efficiency standard 11 adopted pursuant to this article or of any efficiency standard continued 12 in this state pursuant to section 16-105 of this article shall become 13 effective less than one hundred eighty days after publication of the 14 notice of adoption of such amendment in the state register; and no new 15 or amended efficiency standard adopted pursuant to this article shall go 16 into effect if federal government efficiency standards regarding such 17 product preempt state standards unless preemption has been waived pursu- 18 ant to federal law. 19 2. (a) On or before [June thirtieth] January first, two thousand [six] 20 twenty-three, the [secretary, in consultation with the] president, in 21 consultation with the secretary, shall adopt regulations in accordance 22 with the provisions of this article establishing: 23 (i) [energy] efficiency [performance] standards for new products of 24 the types [set forth] referred to in paragraphs (a) through [(n)] (f), 25 paragraphs (h) through (y), paragraphs (aa) through (jj) and paragraphs 26 (mm) through (xx) of subdivision one of section 16-104 of this article[, 27 with the exception of such paragraph (g) (incandescent reflector 28 lamps)]; 29 (ii) procedures for testing the [energy] efficiency of the new 30 products [covered by] of the types referred to in paragraphs (a) through 31 [(n)] (f) and paragraphs (h) through (xx) of subdivision one of section 32 16-104 of this article; 33 (iii) procedures for manufacturers to certify that new products 34 [covered under] of the types referred to in paragraphs (a) through (f) 35 and paragraphs (h) through (xx) of subdivision one of section 16-104 of 36 this article meet the [energy] efficiency standards to be [promulgated 37 under this article] adopted pursuant to this article, if the president 38 determines that such manufacturer's certifications should be required; 39 and 40 (iv) such further matters as are necessary to insure the proper imple- 41 mentation and enforcement of the provisions of this article. 42 (b) With respect to [incandescent reflector lamps, included] the types 43 of products referred to in [paragraph] paragraph (g), (z) or (kk) of 44 subdivision one of section 16-104 of this article (incandescent reflec- 45 tor lamps, general service lamps, and light emitting diode lamps), the 46 [secretary, in consultation with the] president[,] shall conduct a study 47 by December thirty-first, two thousand twenty-three to determine whether 48 an [energy] efficiency [performance] standard for such [product] 49 products should be established, taking into account factors including 50 the potential impact on electricity usage, product availability and 51 consumer and environmental benefits. If [it is determined] the president 52 determines based on this study that such a standard would reduce energy 53 use and would not be preempted by the federal law, the [secretary, in 54 consultation with the] president[,] shall adopt regulations in accord- 55 ance with the provisions of this article establishing [energy perform-
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1 ance] efficiency standards for such [product on or before January first, 2 two thousand eight] products. 3 3. Subsequent to adopting regulations pursuant to subdivisions one and 4 two of this section, the [secretary, in consultation with the] presi- 5 dent, in consultation with the secretary, may amend such regulations, 6 including increasing the stringency of the [energy] efficiency [perform- 7 ance] standards[, provided however that no energy efficiency performance 8 standard shall become effective for a product less than one hundred 9 eighty days after it shall become final]. 10 4. By March fifteenth of two thousand twenty-one, the secretary and 11 the president shall produce a report to the governor, the speaker of the 12 assembly, the temporary president of the senate, the chair of the assem- 13 bly committee on energy and the chair of the senate committee on energy 14 and telecommunications on the status of regulations establishing [ener- 15 gy] efficiency [performance] standards pursuant to this article, which 16 shall indicate for each product enumerated in subdivision one of section 17 16-104 of this article the status of the implementation of [performance] 18 efficiency standards. The report shall also set forth the estimated 19 potential annual reductions in energy use and potential utility bill 20 savings resulting from adopted [performance] efficiency standards for 21 the years two thousand twenty-five and two thousand thirty-five and the 22 potential cumulative reductions in energy use through the year two thou- 23 sand thirty-five. Such report shall be updated in the same manner by 24 March fifteenth, two thousand twenty-six and two thousand thirty and [a 25 copy] copies of such updates shall be posted by March fifteenth, two 26 thousand twenty-seven and March fifteenth, two thousand thirty on the 27 websites of the authority and the department of state. 28 5. (a) In addition to all other powers and authority given to the 29 secretary by this article, the secretary shall have and be entitled to 30 exercise the following powers and duties: 31 (i) To request the president to conduct investigations to determine if 32 products covered by efficiency standards adopted pursuant to this arti- 33 cle comply with such efficiency standards; to consult with the president 34 in connection with the president's performance of such investigations; 35 to request the president to conduct tests to determine if products 36 covered by efficiency standards adopted pursuant to this article comply 37 with such efficiency standards; and to request the president's cooper- 38 ation in connection with enforcement proceedings conducted by the secre- 39 tary pursuant to this article; 40 (ii) To order the immediate cessation of any distribution, sale or 41 offer for sale, lease or offer to lease, rent or offer to rent, import, 42 or offer to import, or installation or offer of installation of any 43 product listed in paragraphs (a) through (xx) of subdivision one of 44 section 16-104 of this article, or of any product for which efficiency 45 standards shall have been established pursuant to paragraph (b) or (c) 46 of subdivision one of this section, or any product that is subject to a 47 federal efficiency standard that shall have been continued in this state 48 pursuant to section 16-105 of this article, if the secretary, in consul- 49 tation with the president, determines that such product does not meet 50 the applicable efficiency standard or if such product does not satisfy 51 the testing procedures or manufacturer's certification procedures 52 adopted pursuant to the regulations authorized by this article; 53 (iii) To accept grants or funds for purposes of administration and 54 enforcement of this article; 55 (iv) To impose, after notice and an opportunity to be heard, civil 56 penalties and/or injunctive relief for any violation of this article or
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1 any regulation adopted pursuant to this article. Any penalties collected 2 by the secretary under this section shall be placed in the account 3 established under section ninety-seven-www of the state finance law, 4 relating to the consumer protection account; and 5 (v) To adopt such rules and regulations as the secretary may deem 6 necessary or appropriate for the purpose of carrying out the powers and 7 duties granted to the secretary by this article. 8 (b) The secretary may exercise the powers and authority granted to the 9 secretary by this subdivision, or by any other provision of this arti- 10 cle, through the consumer protection division established by the secre- 11 tary pursuant to section ninety-four-a of the executive law or through 12 such other divisions, officers, or employees of the department of state 13 as the secretary may designate from time to time. 14 § 17. The energy law is amended by adding a new section 16-107 to read 15 as follows: 16 § 16-107. Subpoenas, information and document production, enforcement 17 procedures, referrals. 1. (a) In addition to all other powers provided 18 by this article, the secretary or his or her designee shall have the 19 power and authority to subpoena and require the attendance of witnesses 20 and the production of books, papers, contracts and any other documents 21 pertaining to any investigation or hearing conducted pursuant to this 22 article. The secretary may issue such subpoenas on his or her own initi- 23 ative or at the request of the president. 24 (b) If any person refuses to comply with a subpoena issued under this 25 section, the department may petition a court of competent jurisdiction 26 to enforce the subpoena and such sanctions as the court may direct. 27 (c) A subpoena issued under this subdivision shall be regulated by the 28 civil practice law and rules, and is in addition to and not in limita- 29 tion of the power to make information and document requests under subdi- 30 vision two of this section. 31 2. Any person that sells or offers for sale, leases or offers for 32 lease, rents or offers for rent, or installs or offers to install, manu- 33 factures or tests in New York state any new product of a type listed in 34 paragraphs (a) through (xx) of subdivision one of section 16-104 of this 35 article, or any new product for which efficiency standards shall have 36 been established pursuant to paragraph (b) or (c) of subdivision one of 37 section 16-106 of this article, or any product that is subject to feder- 38 al efficiency standards that shall have been continued in this state 39 pursuant to section 16-105 of this article, shall be obliged, on the 40 request of the secretary or his or her designee, or the request of the 41 president or his or her designee, to supply the secretary and/or the 42 president with such information and documentation as may be required 43 concerning such person's business, business practices, or business meth- 44 ods, or proposed business practices or methods. The obligations 45 contained in this subdivision shall not apply to any person that sells 46 or offers for sale, leases or offers for lease, rents or offers for 47 rent, or installs or offers to install only products described in subdi- 48 vision three of section 16-104 of this article. The power to make infor- 49 mation and document requests is in addition to and not in limitation of 50 the power to issue subpoenas. 51 3. The secretary shall, before ordering the immediate cessation of any 52 distribution, sale or offer for sale, lease or offer to lease, rent or 53 offer to rent, import or offer to import, or installation or offer of 54 installation of any product, or imposing any civil penalty, injunctive 55 relief, or other relief pursuant to this article upon any person who is 56 alleged to be in violation of any provision of this article or of any
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1 regulation adopted pursuant to this article, and at least ten days prior 2 to the date set for the hearing, notify in writing and shall afford such 3 person an opportunity to be heard in person or by counsel in reference 4 thereto. Such written notice may be served by delivery of same 5 personally, or by mailing same by certified mail to the last known busi- 6 ness address of such person, or by any method authorized by the civil 7 practice law and rules. The hearing on such charges shall be at such 8 time and place as the department of state shall prescribe. A hearing 9 held by this subdivision shall be held pursuant to the state administra- 10 tive procedure act, and any applicable regulations adopted by the secre- 11 tary. 12 4. A final action of the secretary in imposing a civil penalty, or 13 other order, may be subject to review by a proceeding instituted under 14 article seventy-eight of the civil practice law and rules at the 15 instance of the person aggrieved. Final actions that may be subject to 16 judicial review under article seventy-eight of the civil practice law 17 and rules include: 18 (a) a determination that a person is in violation of any provision of 19 this article or of any regulation adopted under this article; 20 (b) an order directing the immediate cessation of the sale or offer 21 for sale, installation or offer to install, lease or offer to lease, 22 rent or offer to rent, or import any product in violation of any 23 provision of this article or of any regulation adopted under this arti- 24 cle; 25 (c) an order granting or imposing any other type of injunctive relief; 26 and 27 (d) the imposition of a civil penalty, excluding any consent order, 28 any determination made in a consent order and any civil penalty and/or 29 injunctive relief imposed by a consent order. 30 5. In addition to all other powers provided by this article, the 31 secretary and the president, are authorized, individually or jointly, to 32 refer the results of any investigation conducted by the president pursu- 33 ant to this article to the attorney general and to request the attorney 34 general to institute, in the name of the secretary and/or the president, 35 an action or proceeding to enforce the provisions of this article. The 36 attorney general shall, at the request of the secretary or president, or 37 may, on his or her own initiative, institute proceedings to enforce the 38 provisions of this article including the imposition of civil penalties 39 or injunctive relief. Nothing in this subdivision shall limit or impair 40 the power and authority of the secretary to conduct enforcement 41 proceedings, to issue orders pursuant to paragraph (b) of subdivision 42 five of section 16-106 of this article, and to impose penalties pursuant 43 to section 16-108 of this article. 44 § 18. Section 16-108 of the energy law, as added by chapter 431 of the 45 laws of 2005, is amended to read as follows: 46 § 16-108. Violations, civil liability. 1. Any person who issues: 47 (a) a certification that a product listed in paragraphs (a) through 48 (xx) of subdivision one of section 16-104 of this article complies with 49 the [energy] efficiency standards for such product established by or 50 pursuant to this article[,]; 51 (b) a certification that a product not listed in paragraphs (a) 52 through (xx) of subdivision one of section 16-104 of this article 53 complies with efficiency standards for such product established pursuant 54 to paragraph (b) or (c) of subdivision one of section 16-104 of this 55 article; or
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1 (c) a certification that a product that is subject to federal effi- 2 ciency standards that shall have been continued in this state pursuant 3 to section 16-105 of this article complies with such efficiency stand- 4 ards, knowing that such product does not comply with [those] such effi- 5 ciency standards, shall be liable for a civil penalty of not more than 6 ten thousand dollars for each such product certified and an additional 7 penalty of not more than ten thousand dollars for each day during which 8 such violation continues. 9 2. Any person who violates the provisions of subdivision two of 10 section 16-104 of this article, or [who] fails to perform any duty 11 imposed by this article, or [who] violates or fails to comply with any 12 rule, regulation, determination, or order [of] adopted, made, or issued 13 by the president or the secretary [of state promulgated] pursuant to 14 this article, shall be liable for a civil penalty of not more than five 15 hundred dollars for each such violation and an additional civil penalty 16 of not more than one hundred dollars for each day during which such 17 violation continues, and, in addition thereto, such person may be 18 enjoined from continuing such violation. 19 3. [The secretary may cause an investigation to be made of complaints 20 received concerning violations of this article and may refer the results 21 of such investigations to the attorney general. The attorney general 22 shall, at the request of the secretary, or may, on his own initiative, 23 institute proceedings to enforce the provisions of this article. 24 4.] An action or cause of action for the recovery of a penalty under 25 this section may be settled or compromised in an amount to be approved 26 by the secretary either before or after proceedings are brought to 27 recover such penalties and prior to the entry for judgment therefor. 28 § 19. The energy law is amended by adding a new section 16-109 to read 29 as follows: 30 § 16-109. Conflicts with other laws. Nothing in this article or in 31 any regulation adopted pursuant to this article shall limit, impair, or 32 supersede the provisions of subdivision one of section three hundred 33 eighty-three of the executive law or the provisions of subdivision three 34 of section 11-103 of this chapter. 35 § 20. Subparagraphs 14 and 15 of paragraph (a) of subdivision 3 of 36 section 94-a of the executive law, as added by section 21 of part A of 37 chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is 38 added to read as follows: 39 (14) cooperate with and assist consumers in class actions in proper 40 cases; [and] 41 (15) create an internet website or webpage pursuant to section three 42 hundred ninety-c of the general business law[.], as added by chapter 43 five hundred nine of the laws of two thousand seven; and 44 (16) exercise such powers and duties granted to the secretary by arti- 45 cle sixteen of the energy law as the secretary may direct, including, 46 but not limited to: consult with such president of the New York state 47 energy research and development authority in connection with investi- 48 gations conducted by such president pursuant to article sixteen of the 49 energy law; make determinations relating to compliance by products with 50 the standards adopted pursuant to article sixteen of the energy law; 51 order the immediate cessation of any distribution, sale or offer for 52 sale, import, or installation of any product that does not meet such 53 standards; and impose civil penalties as contemplated by article sixteen 54 of the energy law. 55 § 21. Subdivision 3 of section 374 of the executive law, as added by 56 chapter 707 of the laws of 1981, is amended to read as follows:
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1 3. The council shall meet at least quarterly at the call of the chair- 2 man. Additional meetings may be called upon at least five [days] days' 3 notice by the chairman or by petition of five members of the council. 4 § 22. Subdivision 2 of section 97-www of the state finance law, as 5 amended by section 53 of part A of chapter 62 of the laws of 2011, is 6 amended to read as follows: 7 2. Such account shall consist of all penalties received by the depart- 8 ment of state pursuant to section three hundred ninety-nine-z of the 9 general business law, section 16-106 of the energy law and any addi- 10 tional monies appropriated, credited or transferred to such account by 11 the Legislature. Any interest earned by the investment of monies in such 12 account shall be added to such account, become part of such account, and 13 be used for the purposes of such account. 14 § 23. A building code or other requirement applicable to commercial or 15 residential buildings or construction may not prohibit the use of a 16 substance authorized pursuant to 42 U.S.C. 767lk. Substances under 17 review but not yet listed by the United States Environmental Protection 18 Agency pursuant to 42 U.S.C. 767lk may be allowed for use provided that 19 such substance has a lower global warming potential than alternative 20 substances and the refrigeration or air conditioning system or other 21 equipment or products utilizing such substance are designed, installed, 22 and used in accordance with nationally recognized published standards 23 that protect building occupant safety and reduce fire risks and, if such 24 substance contains any perfluoroalkyl and polyfluoroalkyl substances, 25 has not been determined by the department of environmental conservation 26 to require additional study to determine the extent of any environmental 27 and/or health impacts that may result from such use. 28 § 24. This act shall take effect immediately; provided, however, that 29 sections six through twenty-three of this act shall take effect on the 30 one hundred eightieth day after it shall have become a law; provided, 31 however, that the amendments to subdivision 4 of section 16-106 of the 32 energy law made by section sixteen of this act shall not affect the 33 repeal of such subdivision and shall be deemed repealed therewith. 34 Effective immediately, the addition, amendment, and/or repeal of any 35 rule or regulation necessary for the timely implementation of this act 36 on or before its effective date are hereby authorized to be made and 37 completed on or before such effective date.