Senate Bill S407

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

                                   407

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ROBACH -- 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 energy efficiency
  performance standards for general purpose lighting products

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

  Section  1.  The  energy  law is amended by adding a new article 15 to
read as follows:
                               ARTICLE 15
                GENERAL PURPOSE LIGHTING PRODUCTS ENERGY
                    EFFICIENCY PERFORMANCE STANDARDS
SECTION 15-101. DEFINITIONS.
        15-103. APPLICABILITY, CONDUCT PROHIBITED.
        15-105. ADMINISTRATION OF ARTICLE.
  S 15-101. DEFINITIONS. AS USED IN THIS ARTICLE:
  1. "AUTHORITY" MEANS THE NEW YORK STATE ENERGY RESEARCH  AND  DEVELOP-
MENT AUTHORITY.
  2. "ENERGY EFFICIENCY PERFORMANCE STANDARDS" MEANS  PERFORMANCE STAND-
ARDS  WHICH PRESCRIBE A MINIMUM LEVEL OF ENERGY EFFICIENCY DETERMINED IN
ACCORDANCE WITH TEST PROCEDURES PRESCRIBED BY THE SECRETARY IN CONSULTA-
TION WITH THE PRESIDENT.
  3. "GENERAL PURPOSE LIGHTING PRODUCTS" MEANS AND INCLUDES INCANDESCENT
LAMPS, INCLUDING CLEAR, FROST SOFT WHITE AND ENHANCED   SPECTRUM  LAMPS,
FLUORESCENT LAMPS, COMPACT FLUORESCENT LAMPS AND HALOGEN LAMPS.
  4.  "PRESIDENT"  MEANS  THE  PRESIDENT  OF  THE  NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY.
  5. "SECRETARY" MEANS THE SECRETARY OF STATE.
  S 15-103. APPLICABILITY, CONDUCT PROHIBITED. 1. THE PROVISIONS OF THIS
ARTICLE SHALL APPLY TO THE TESTING,  CERTIFICATION  AND  ENFORCEMENT  OF

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

                                                           LBD03494-02-9

S. 407                              2

ENERGY  EFFICIENCY  PERFORMANCE  STANDARDS  FOR GENERAL PURPOSE LIGHTING
PRODUCTS WHICH ARE SOLD OR OFFERED FOR SALE IN NEW YORK STATE.
  2.  NO  PERSON  SHALL SELL OR OFFER FOR SALE IN NEW YORK STATE ANY NEW
GENERAL PURPOSE LIGHTING PRODUCT UNLESS: (A) THE PRODUCT MEETS   MINIMUM
ENERGY EFFICIENCY PERFORMANCE STANDARDS ADOPTED PURSUANT TO THIS ARTICLE
UPON  THE EFFECTIVE DATE OF SUCH STANDARDS; AND (B) IF REQUIRED BY RULES
OR REGULATIONS PROMULGATED PURSUANT TO THIS ARTICLE,   THE  MANUFACTURER
OF  SUCH  PRODUCT  CERTIFIES THAT THE PRODUCT MEETS  SUCH MINIMUM ENERGY
PERFORMANCE STANDARDS.
  S 15-105. ADMINISTRATION OF ARTICLE. THE  SECRETARY,  IN  CONSULTATION
WITH THE PRESIDENT, SHALL HAVE AND BE ENTITLED TO EXERCISE THE FOLLOWING
POWERS AND DUTIES:
  1.  TO  ESTABLISH  ENERGY EFFICIENCY PERFORMANCE STANDARDS FOR GENERAL
PURPOSE LIGHTING PRODUCTS;
  2. TO PROMULGATE RULES AND REGULATIONS TO ACHIEVE THE PURPOSES OF THIS
ARTICLE PROVIDED HOWEVER THAT NO ENERGY EFFICIENCY PERFORMANCE  STANDARD
SHALL  BECOME  EFFECTIVE FOR GENERAL PURPOSE LIGHTING PRODUCTS LESS THAN
ONE  HUNDRED  EIGHTY  DAYS  AFTER  SUCH  STANDARD  SHALL  BECOME  FINAL,
PROVIDED,  HOWEVER,  THAT  NO  STANDARD ADOPTED PURSUANT TO THIS ARTICLE
SHALL GO INTO EFFECT IF FEDERAL GOVERNMENT ENERGY EFFICIENCY PERFORMANCE
STANDARDS REGARDING GENERAL  PURPOSE  LIGHTING  PRODUCTS  PREEMPT  STATE
STANDARDS UNLESS PREEMPTION HAS BEEN WAIVED PURSUANT TO FEDERAL LAW;
  3.  TO  ADMINISTER  AND ENFORCE THE PROVISIONS OF THIS ARTICLE AND ANY
RULE OR REGULATION PROMULGATED PURSUANT TO SUCH ARTICLE;
  4. TO CONDUCT INVESTIGATIONS, TESTS AND OBTAIN DATA  WITH  RESPECT  TO
RESEARCH  EXPERIMENTS AND DEMONSTRATIONS, AND TO COLLECT AND DISSEMINATE
INFORMATION REGARDING THE PURPOSES TO BE  ACHIEVED    PURSUANT  TO  THIS
ARTICLE;
  5.  TO  ACCEPT  GRANTS OR FUNDS FOR PURPOSES OF ADMINISTRATION OF THIS
ARTICLE;
  6. TO IMPOSE A FINE AND/OR IMPOSE INJUNCTIVE RELIEF FOR ANY  VIOLATION
OF THIS ARTICLE AFTER NOTICE AND AN OPPORTUNITY TO BE HEARD;
  7.  THE SECRETARY AND THE PRESIDENT SHALL CONSULT WITH THE APPROPRIATE
FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO THE  FEDERAL  DEPARTMENT
OF  ENERGY,  INDUSTRY AND OTHER POTENTIALLY AFFECTED PARTIES IN CARRYING
OUT THE PROVISIONS OF THIS ARTICLE.
  S 2. This act shall take effect immediately.