S T A T E O F N E W Y O R K
________________________________________________________________________
5081
2011-2012 Regular Sessions
I N S E N A T E
May 3, 2011
___________
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 THIRTEEN, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11323-01-1
S. 5081 2
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 THIRTEEN. 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.