senate Bill S1186

Vetoed Amended

Relates to appliance and equipment energy efficiency standards

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Vetoed by Governor
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actions

  • 09 / Jan / 2013
    • REFERRED TO ENERGY AND TELECOMMUNICATIONS
  • 27 / Feb / 2013
    • 1ST REPORT CAL.99
  • 28 / Feb / 2013
    • 2ND REPORT CAL.
  • 04 / Mar / 2013
    • ADVANCED TO THIRD READING
  • 06 / May / 2013
    • AMENDED ON THIRD READING 1186A
  • 20 / May / 2013
    • PASSED SENATE
  • 20 / May / 2013
    • DELIVERED TO ASSEMBLY
  • 20 / May / 2013
    • REFERRED TO ENERGY
  • 07 / Jun / 2013
    • RECALLED FROM ASSEMBLY
  • 07 / Jun / 2013
    • RETURNED TO SENATE
  • 10 / Jun / 2013
    • VOTE RECONSIDERED - RESTORED TO THIRD READING
  • 10 / Jun / 2013
    • AMENDED ON THIRD READING (T) 1186B
  • 13 / Jun / 2013
    • REPASSED SENATE
  • 13 / Jun / 2013
    • RETURNED TO ASSEMBLY
  • 13 / Jun / 2013
    • REFERRED TO WAYS AND MEANS
  • 19 / Jun / 2013
    • SUBSTITUTED FOR A1829B
  • 19 / Jun / 2013
    • ORDERED TO THIRD READING RULES CAL.499
  • 19 / Jun / 2013
    • PASSED ASSEMBLY
  • 19 / Jun / 2013
    • RETURNED TO SENATE
  • 17 / Sep / 2013
    • DELIVERED TO GOVERNOR
  • 27 / Sep / 2013
    • VETOED MEMO.219

Summary

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

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Bill Details

Versions:
S1186
S1186A
S1186B
Legislative Cycle:
2013-2014
Law Section:
Energy Law
Laws Affected:
Amd ยงยง5-108-a & 16-106, Energy L
Versions Introduced in 2011-2012 Legislative Cycle:
S5081

Votes

10
0
10
Aye
0
Nay
1
aye with reservations
0
absent
0
excused
0
abstained
show Energy and Telecommunications committee vote details

Sponsor Memo

BILL NUMBER:S1186

TITLE OF BILL:
An act
to amend the energy law, in relation to appliance and equipment energy
efficiency standards

PURPOSE:
To amend the Energy Law, to require that consumer audio and video
products purchased by or for state agencies meet certain environmental
assessment criteria, and to amend energy efficiency standards for
consumer audio and video products.

SUMMARY OF PROVISIONS:
Section 1 would add a new subdivision 3 to section 5-108-a of the energy
law, to require that consumer audio and video products purchased for use
by state agencies meet gold evaluative criteria set forth in the
Electronic Product Environmental Assessment Tool (EPEA PM).

Section 2 amends paragraph a of subdivision 2 of section 16-106 of the
energy law to clarify authority of the NYS Energy Research and
Development Authority to promulgate energy efficiency standards for
consumer audio and video products

Section 3 is the effective date.

JUSTIFICATION:
This measure would establish a new standard for the procurement of
consumer audio and video products purchased for use by state agencies,
based on environmental attributes. By applying an evaluation tool
currently used by the federal government (Executive Order
13423/Strengthening Federal Environmental, Energy and Transportation
Management), such products can be evaluated for performance
characteristics including:

Reduction/Elimination of environmentally sensitive materials
Materials Selection
Design for End of Life
Life Cycle Extension
Energy Conservation
End of Life Management
Corporate Performance
Packaging

The legislation would require that 95% of state purchases of meet the
gold EPEAT standard.

The bill would also amend a provision of the Energy Law enacted in 2005
relating to the authority of the New York State Energy Research and
Development Authority (NYSERDA) to develop energy consumption standards
for a list of products, including:

Televisions
Compact audio products
DVD players
DVD recorders


Digital television adapters

The law required Department of State to adopt these regulations by June
30, 2006. To date the regulations have not yet been adopted. Recognizing
that there have been developments in these technologies since the
enactment of the law in 2005 this legislation directs the Department of
State, in consultation with NYSERDA, to study and recommend potential
energy performance standards and extends the deadline for adopting such
standards to on or before January 1, 2014.

LEGISLATIVE HISTORY:
S5081 2011-12 Referred to Energy and Telecommunications
S8707 2008 - Referred to Rules
A11708 - 2008 Referred to Energy

FISCAL IMPLICATIONS: None.

EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that no
energy efficiency performance standard shall become effective for a
product less than 180 days after such energy efficiency performance
standard shall become final.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1186

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations

AN  ACT  to amend the energy law, in relation to appliance and equipment
  energy efficiency standards

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  5-108-a of the energy law is amended by adding a
new subdivision 3 to read as follows:
  3. CONSUMER AUDIO AND VIDEO PRODUCTS AS DEFINED IN SUBDIVISION  ELEVEN
OF  SECTION  16-102 OF THIS CHAPTER PURCHASED BY OR FOR THE STATE OR ANY
AGENCY THEREOF SHALL MEET OR EXCEED THE  FOLLOWING  REQUIREMENTS:    (I)
THAT  SUCH PRODUCTS MEET THE ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT
TOOL (EPEAT) GOLD STANDARDS FOR ENVIRONMENTAL PERFORMANCE FOR  AT  LEAST
NINETY-FIVE  PERCENT  OF  PRODUCTS  PURCHASED IN ALL RELEVANT ELECTRONIC
PRODUCT CATEGORIES, UNLESS THERE IS NO  EPEAT  GOLD  STANDARD  FOR  SUCH
PRODUCT;  (II) THAT SUCH PRODUCTS MEET THE CURRENT VERSION OF THE APPLI-
CABLE ENERGY STAR STANDARD; (III)  THAT  POLICIES  ARE  ESTABLISHED  AND
IMPLEMENTED  TO  EXTEND  THE USEFUL LIFE OF THE AGENCY ELECTRONIC EQUIP-
MENT; AND (IV)  THAT  ENVIRONMENTALLY  SOUND  PRACTICES  ARE  USED  WITH
RESPECT  TO  DISPOSITION OF AGENCY ELECTRONIC EQUIPMENT THAT HAS REACHED
THE END OF ITS USEFUL LIFE.
  S 2. Paragraph (a) of subdivision 2 of section 16-106  of  the  energy
law,  as added by chapter 431 of the laws of 2005, is amended to read as
follows:
  (a)  On  or  before  [June  thirtieth,  two  thousand   six]   JANUARY
THIRTY-FIRST, TWO THOUSAND FOURTEEN, the secretary, in consultation with
the president, shall adopt regulations in accordance with the provisions
of  this  article establishing: (i) energy efficiency performance stand-
ards for new products of the types set forth in paragraphs  (a)  through

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03667-01-3

S. 1186                             2

(n)  of  subdivision  one  of  section  16-104 of this article, with the
exception of such [paragraph] PARAGRAPHS (E) (CONSUMER AUDIO  AND  VIDEO
PRODUCTS)  AND  (g)  (incandescent reflector lamps); (ii) procedures for
testing  the energy efficiency of the products covered by paragraphs (a)
through (n) of subdivision one of section 16-104 of this article;  (iii)
procedures for manufacturers to certify that products covered under this
article  meet  the  energy  efficiency standards to be promulgated under
this article; and (iv) such further matters as are necessary  to  insure
the  proper  implementation  and  enforcement  of the provisions of this
article.  WITH RESPECT TO CONSUMER AUDIO AND VIDEO PRODUCTS, INCLUDED IN
PARAGRAPH (E) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS ARTICLE,  THE
SECRETARY,  IN CONSULTATION WITH THE PRESIDENT, SHALL CONDUCT A STUDY TO
DETERMINE WHETHER AN ENERGY PERFORMANCE STANDARD FOR SUCH PRODUCT SHOULD
BE ESTABLISHED, TAKING INTO ACCOUNT FACTORS INCLUDING  BUT  NOT  LIMITED
TO,  THE  POTENTIAL  IMPACT  ON ELECTRICITY USAGE, PRODUCT AVAILABILITY,
MANUFACTURING COST, INNOVATION, PRODUCT  CONVERGENCE,  PRODUCT  FEATURES
AND  FUNCTION,  AND  CONSUMER  AND  ENVIRONMENTAL BENEFITS. BASED ON THE
RECOMMENDATIONS OF SUCH STUDY, THE SECRETARY, IN CONSULTATION  WITH  THE
PRESIDENT,  MAY  ADOPT  REGULATIONS IN ACCORDANCE WITH THE PROVISIONS OF
THIS ARTICLE ESTABLISHING ENERGY PERFORMANCE STANDARDS FOR SUCH PRODUCTS
ON OR BEFORE JANUARY THIRTY-FIRST, TWO THOUSAND FOURTEEN.  With  respect
to  incandescent  reflector lamps, included in paragraph (g) of subdivi-
sion one of section 16-104 of this article, the secretary, in  consulta-
tion  with  the president, shall conduct a study to determine whether an
energy efficiency performance standard for such product should be estab-
lished, taking into account factors including the  potential  impact  on
electricity  usage,  product availability and consumer and environmental
benefits. If it is determined based on this study that such  a  standard
would  reduce  energy use and would not be preempted by the federal law,
the secretary, in consultation with the  president,  shall  adopt  regu-
lations  in  accordance with the provisions of this article establishing
energy performance standards for  such  product  on  or  before  January
first, two thousand eight.
  S  3.  This act shall take effect immediately; provided, however, that
no energy efficiency performance standard shall become effective  for  a
product  less  than one hundred eighty days after such energy efficiency
performance standard shall become final.

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