senate Bill S1186B

Vetoed By Governor
2013-2014 Legislative Session

Relates to appliance and equipment energy efficiency standards

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Archive: Last Bill Status - Vetoed by Governor


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Sep 27, 2013 vetoed memo.219
Sep 17, 2013 delivered to governor
Jun 19, 2013 returned to senate
passed assembly
ordered to third reading rules cal.499
substituted for a1829b
Jun 13, 2013 referred to ways and means
returned to assembly
repassed senate
Jun 10, 2013 amended on third reading (t) 1186b
Jun 10, 2013 vote reconsidered - restored to third reading
Jun 07, 2013 returned to senate
recalled from assembly
May 20, 2013 referred to energy
delivered to assembly
passed senate
May 06, 2013 amended on third reading 1186a
Mar 04, 2013 advanced to third reading
Feb 28, 2013 2nd report cal.
Feb 27, 2013 1st report cal.99
Jan 09, 2013 referred to energy and telecommunications

Votes

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Feb 27, 2013 - Energy and Telecommunications committee Vote

S1186
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 27, 2013

aye wr (1)

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1186 - Bill Details

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

S1186 - Bill Texts

view 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.

view 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.

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                    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.

S1186A - Bill Details

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

S1186A - Bill Texts

view 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.

view sponsor memo
BILL NUMBER:S1186A

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 16-105 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 full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1186--A
    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

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; (IV) THAT ENVIRONMENTALLY SOUND PRACTICES ARE USED WITH RESPECT TO
DISPOSITION OF AGENCY ELECTRONIC EQUIPMENT THAT HAS REACHED THE  END  OF
ITS  USEFUL  LIFE; AND (V) THAT SUCH PRODUCTS ARE LIFE-CYCLE COST-EFFEC-
TIVE AND PRACTICABLE  AND  WHERE  THE  RELEVANT  PRODUCT'S  UTILITY  AND
PERFORMANCE ARE NOT COMPROMISED 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:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03667-04-3

S. 1186--A                          2

  (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 PARAGRAPH (E) 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  PERFORMANCE
STANDARD  FOR  SUCH  PRODUCT  SHOULD BE ESTABLISHED, TAKING INTO ACCOUNT
FACTORS INCLUDING BUT NOT LIMITED TO, THE POTENTIAL IMPACT ON  ELECTRIC-
ITY USAGE, PRODUCT AVAILABILITY, MANUFACTURING COST, INNOVATION, PRODUCT
CONVERGENCE,  PRODUCT  FEATURES  AND FUNCTION, AND CONSUMER AND ENVIRON-
MENTAL BENEFITS. BASED ON THE RECOMMENDATIONS OF SUCH STUDY, THE  SECRE-
TARY,  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.

S1186B (ACTIVE) - Bill Details

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

S1186B (ACTIVE) - Bill Texts

view 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.

view 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 full text
download pdf
                    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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