senate Bill S1186B

Vetoed

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

See Assembly Version of this Bill:
A1829B
Versions:
S1186
S1186A
S1186B
Legislative Cycle:
2013-2014
Law Section:
State Finance Law
Laws Affected:
Amd §165, St Fin L; amd §16-106, Energy L
Versions Introduced in 2011-2012 Legislative Cycle:
S5081, S5081

Sponsor Memo

BILL NUMBER:S1186B

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

PURPOSE: The purpose of this bill is 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: This bill amends the state finance law by
adding a new subdivision 9 to section 165 and by amending paragraph
(a) of subdivision 2 of section 16-106 of the energy law as added by
chapter 431 of the laws of 2005.

JUSTIFICATION: This measure would establish a new standard for the
procurement of consumer audio and video products purchase 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 could 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,
and Packaging

The legislation would require that 95Ö/b of state purchases of audio
and video products 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, and
Digital television adapters

The 2005 law required the 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
directed 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: S.5051 (2011-2012) A.11708 (2008)

FISCAL IMPLICATIONS: None

EFFECTIVE DATE: This act shall take effect on 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--B
    Cal. No. 99

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. MAZIARZ -- read twice and ordered printed, and when
  printed to be committed to the Committee on  Energy  and  Telecommuni-
  cations  --  reported  favorably from said committee, ordered to first
  and second report, ordered to a third  reading,  amended  and  ordered
  reprinted, retaining its place in the order of third reading -- passed
  by  Senate and delivered to the Assembly, recalled, vote reconsidered,
  restored to third reading, amended and  ordered  reprinted,  retaining
  its place in the order of third reading

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

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

  Section 1. Section 165 of the state finance law is amended by adding a
new subdivision 9 to read as follows:
  9. CONSUMER AUDIO AND VIDEO PRODUCTS AS DEFINED IN SUBDIVISION  ELEVEN
OF SECTION 16-102 OF THE ENERGY LAW PURCHASED BY OR FOR THE STATE OR ANY
AGENCY THEREOF SHALL MEET OR EXCEED THE FOLLOWING REQUIREMENTS:  A. THAT
SUCH  PRODUCTS MEET THE ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL
(EPEAT) GOLD STANDARDS FOR ENVIRONMENTAL PERFORMANCE FOR AT LEAST  NINE-
TY-FIVE PERCENT OF PRODUCTS PURCHASED IN ALL RELEVANT ELECTRONIC PRODUCT
CATEGORIES, UNLESS THERE IS NO EPEAT GOLD STANDARD FOR SUCH PRODUCT;
  B.    THAT  SUCH  PRODUCTS  MEET THE CURRENT VERSION OF THE APPLICABLE
ENERGY STAR STANDARD;
  C. THAT POLICIES ARE ESTABLISHED AND IMPLEMENTED TO EXTEND THE  USEFUL
LIFE OF THE AGENCY ELECTRONIC EQUIPMENT;
  D.  THAT  ENVIRONMENTALLY  SOUND  PRACTICES  ARE  USED WITH RESPECT TO
DISPOSITION OF AGENCY ELECTRONIC EQUIPMENT THAT HAS REACHED THE  END  OF
ITS USEFUL LIFE; AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03667-07-3

S. 1186--B                          2

  E.  THAT  SUCH  PRODUCTS ARE LIFE-CYCLE COST-EFFECTIVE AND PRACTICABLE
AND WHERE THE RELEVANT PRODUCT'S UTILITY AND PERFORMANCE ARE NOT COMPRO-
MISED AS A RESULT.
  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
(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, VIDEO AND INFORMATION TECHNOL-
OGY PRODUCTS, INCLUDED  IN  SUBDIVISION  NINE  OF  SECTION  ONE  HUNDRED
SIXTY-FIVE OF THE STATE FINANCE LAW, 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 subdivision one of section
16-104  of  this article, the secretary, in consultation with the presi-
dent, shall conduct a study to determine whether  an  energy  efficiency
performance standard for such product should be established, 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 regulations 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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