EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03581-01-7
A. 6693 2
AND WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. THE COMMIS-
SIONER SHALL RECEIVE A SALARY TO BE FIXED BY THE GOVERNOR WITHIN THE
AMOUNT APPROPRIATED THEREFOR. HE OR SHE SHALL ALSO RECEIVE HIS OR HER
REASONABLE EXPENSES IN CONNECTION WITH THE PERFORMANCE OF HIS OR HER
DUTIES, WITHIN THE AMOUNT AVAILABLE THEREFOR BY APPROPRIATION.
3. THE COMMISSIONER MAY APPOINT SUCH OTHER OFFICERS, EMPLOYEES, AGENTS
AND CONSULTANTS AS MAY BE DEEMED NECESSARY, PRESCRIBE THEIR DUTIES AND
FIX THEIR COMPENSATION WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY
APPROPRIATION.
4. THE PRINCIPAL OFFICE OF THE STATE ENERGY OFFICE SHALL BE IN THE
COUNTY OF ALBANY.
5. CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER, THE OFFICE SHALL
HAVE JURISDICTION OVER ALL PERSONS, AND THE OFFICERS, DIRECTORS AND
EMPLOYEES THEREOF, ENGAGED IN THE EXPLORATION, MANUFACTURE, PROCESSING,
SALE, DISTRIBUTION, TRANSPORTATION, REFINING, GENERATION AND SUPPLY OF
ENERGY AND ENERGY RESOURCES IN THIS STATE.
§ 5-103. ORGANIZATION OF OFFICE. THE COMMISSIONER MAY, FROM TIME TO
TIME, CREATE, ABOLISH, TRANSFER AND CONSOLIDATE DIVISIONS, BUREAUS,
BOARDS, COMMISSIONS AND OTHER UNITS WITHIN THE OFFICE AS HE OR SHE MAY
DETERMINE NECESSARY FOR THE EFFICIENT OPERATION OF THE OFFICE, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET.
§ 5-105. GENERAL FUNCTIONS AND POWERS. THE OFFICE, ACTING THROUGH THE
COMMISSIONER, SHALL HAVE THE FOLLOWING FUNCTIONS AND POWERS TO CARRY OUT
THE PURPOSES OF THIS CHAPTER:
1. TO ADVISE AND ASSIST THE GOVERNOR AND THE LEGISLATURE IN THE DEVEL-
OPMENT AND IMPLEMENTATION OF STATE POLICIES RELATING TO ENERGY AND ENER-
GY RESOURCES.
2. TO PROMULGATE, ISSUE, AMEND, RESCIND, REVOKE OR WAIVE ORDERS, AND,
AFTER PUBLIC HEARINGS, PROMULGATE RULES AND REGULATIONS TO EFFECTUATE
THE PURPOSES AND PROVISIONS OF THIS CHAPTER.
3. TO CLASSIFY PERSONS AND MATTERS WITHIN THE JURISDICTION OF THE
OFFICE AND PRESCRIBE DIFFERENT REQUIREMENTS FOR DIFFERENT CLASSES OF
PERSONS OR MATTERS.
4. TO REQUIRE PERSONS SUBJECT TO THE JURISDICTION OF THE OFFICE TO
MAINTAIN OR FILE GENERAL, SPECIAL AND ANNUAL REPORTS, CONTRACTS, STATE-
MENTS, INCLUDING BUT NOT LIMITED TO STATEMENTS OF OWNERSHIP, ACCOUNTING,
AUDITING AND OPERATIONS, ENGINEERING REPORTS, AND OTHER DATA AS THE
COMMISSIONER DEEMS APPROPRIATE; PROVIDED, HOWEVER, WHEREVER PRACTICABLE,
FORMS REQUIRED TO BE SUBMITTED TO FEDERAL OR STATE AGENCIES SHALL BE
SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SUBDIVISION.
5. TO DESIGNATE EMPLOYEES WHO SHALL BE EMPOWERED TO ADMINISTER OATHS
IN ALL PARTS OF THE STATE TO PERSONS SUMMONED TO TESTIFY IN ANY INQUIRY,
INVESTIGATION, HEARING OR PROCEEDING.
6. TO DESIGNATE EMPLOYEES OF THE OFFICE WHO SHALL BE EMPOWERED TO
ENTER IN OR UPON AND TO INSPECT THE PROPERTY, EQUIPMENT, BUILDINGS,
PLANTS, FACTORIES AND OFFICES, IN RELATION TO ENERGY OR ENERGY RESOURCES
OF ANY PERSON SUBJECT TO THE JURISDICTION OF THE OFFICE.
7. TO DESIGNATE EMPLOYEES WHO SHALL BE EMPOWERED TO EXAMINE ALL BOOKS,
CONTRACTS, RECORDS, DOCUMENTS AND PAPERS, IN RELATION TO ENERGY OR ENER-
GY RESOURCES OF ANY PERSON SUBJECT TO THE JURISDICTION OF THE OFFICE.
8. TO DESIGNATE EMPLOYEES WHO SHALL BE EMPOWERED TO ISSUE SUBPOENAS TO
COMPEL THE ATTENDANCE OF WITNESSES AND SUBPOENAS DUCES TECUM TO COMPEL
FROM ANY PERSON THE PRODUCTION OF BOOKS, CONTRACTS, RECORDS, DOCUMENTS
OR PAPERS RELATING TO ENERGY OR ENERGY RESOURCES.
9. TO REQUIRE AND RECEIVE FROM ANY AGENCY OF THE STATE OR ANY POLI-
TICAL SUBDIVISION THEREOF ASSISTANCE AND DATA.
A. 6693 3
10. TO ENTER INTO COOPERATIVE ARRANGEMENTS WITH AGENCIES OF THE STATE
OR POLITICAL SUBDIVISIONS THEREOF, EACH OF WHICH SHALL BE AUTHORIZED TO
ENTER INTO SUCH COOPERATIVE ARRANGEMENTS.
11. TO ACT ALONE, OR IN CONJUNCTION WITH ANOTHER STATE AGENCY, AS
AGENT FOR, OR ENTER INTO CONTRACTS AND OTHERWISE COOPERATE WITH THE
FEDERAL GOVERNMENT, AND TO RECEIVE GRANTS OR ADVANCES OF FUNDS FROM THE
FEDERAL GOVERNMENT FOR PROJECTS WITHIN THE JURISDICTION OF THE OFFICE.
12. TO ASSIST THE ATTORNEY GENERAL AND THE COMMISSIONER OF TAXATION
AND FINANCE IN PROTECTING CONSUMERS FROM ABUSES IN THE DISTRIBUTION,
SALE, HANDLING OR TRANSPORT OF ENERGY, ENERGY RESOURCES AND ENERGY
RELATED DEVICES, INSTALLATIONS, AND TECHNOLOGIES, INCLUDING THE CHARGING
OF ANY ILLEGAL PRICE OR THE VIOLATION OF ANY STATE OR FEDERAL LAW OR
REGULATION.
13. TO ENTER INTO CONTRACTS WITH ANY PERSON FOR THE CONDUCT OF
RESEARCH OR THE RENDERING OF OTHER SERVICES, INCLUDING THE HIRING OF
EXPERTS AND CONSULTANTS.
14. TO APPLY FOR AND ACCEPT GRANTS AND CONTRIBUTIONS.
15. TO HOLD PUBLIC HEARINGS WHEN DEEMED APPROPRIATE.
16. TO CONDUCT ECONOMIC, SOCIOLOGICAL AND OTHER STUDIES RELATING TO
ALL ASPECTS OF ENERGY AND ENERGY RESOURCES USE, SUPPLY, DEMAND AND
DISTRIBUTION.
17. TO COOPERATE WITH AND SUPPLEMENT THE WORK OF THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, AND UNDERTAKE STUDIES IN
ENERGY AND ENERGY RELATED AREAS.
18. TO APPOINT ADVISORY COMMITTEES, BOARDS AND TASK FORCES WHOSE
MEMBERS SHALL RECEIVE NO COMPENSATION AS MEMBERS BUT SHALL BE ALLOWED
NECESSARY AND ACTUAL EXPENSES INCURRED IN PERFORMING DUTIES UNDER THIS
CHAPTER.
19. TO IMPLEMENT A PROGRAM OF PUBLIC INFORMATION TO INFORM THE PUBLIC
AND PRIVATE SECTORS OF THE STATE AS TO THE MERITS OF REREFINED OIL, AND
THE NEED FOR ITS USE IN ORDER TO REDUCE THE DRAIN ON THE NATION'S OIL
RESERVES AND MINIMIZE THE DISPOSAL OF USED OIL IN WAYS HARMFUL TO THE
ENVIRONMENT AND TO PROMOTE PETROLEUM RESOURCE CONSERVATION, RECOVERY AND
REUSE BY INDUSTRY AND THE GENERAL PUBLIC OF THE STATE.
20. TO EXERCISE ALL OTHER POWERS AND FUNCTIONS NECESSARY OR APPROPRI-
ATE TO CARRY OUT THE DUTIES AND PURPOSES SET FORTH IN THIS CHAPTER.
§ 5-107. SPECIFIC FUNCTIONS, POWERS AND DUTIES. 1. THE OFFICE SHALL:
A. ACT AS A CENTRAL REPOSITORY AND CLEARINGHOUSE FOR INFORMATION ON
ALL ENERGY AND ENERGY RESOURCE RELATED MATTERS WITHIN THE JURISDICTION
OF THE OFFICE.
B. CONDUCT PUBLIC EDUCATIONAL PROGRAMS PROMOTING CONSERVATION OF ENER-
GY AND ENERGY RESOURCES WITHIN THE STATE.
C. NO LATER THAN FEBRUARY FIFTEENTH OF EACH YEAR MAKE AN ANNUAL REPORT
TO THE GOVERNOR AND LEGISLATURE CONCERNING ITS WORK DURING THE PRECEDING
YEAR, AND ITS PROGRAM FOR THE COMING YEAR, AND MAKE SUCH FURTHER INTERIM
REPORTS OR RECOMMENDATIONS AS IT SHALL DEEM ADVISABLE OR AS SHALL BE
REQUIRED BY THE GOVERNOR.
D. PREPARE AN INTEGRATED PLAN SPECIFYING ACTIONS TO BE TAKEN IN THE
EVENT OF THE DECLARATION BY THE GOVERNOR OF AN ENERGY OR FUEL SUPPLY
EMERGENCY PURSUANT TO SECTION 5-117 OF THIS ARTICLE.
E. COOPERATE WITH THE PUBLIC SERVICE COMMISSION, THE NEW YORK ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, THE POWER AUTHORITY OF THE STATE OF
NEW YORK, THE OFFICE OF TEMPORARY AND DISABILITY ASSISTANCE AND ALL
OTHER APPROPRIATE STATE AGENCIES IN EFFECTUATING THE PURPOSES OF THIS
CHAPTER.
A. 6693 4
F. CONDUCT ACTIVITIES TO ENCOURAGE AND PROMOTE THE PRUDENT DEVELOPMENT
AND WISE USE OF ALL ENERGY RESOURCES INDIGENOUS TO THE STATE OR SHARED
BY THE STATE WITH THE DOMINION OF CANADA, THE FEDERAL GOVERNMENT OR
OTHER STATES.
G. ADVISE AND ASSIST STATE AGENCIES IN THE IMPLEMENTATION OF SECTION
ONE HUNDRED TWENTY-SEVEN-A OF THE STATE FINANCE LAW.
H. DEVELOP A PLAN TO MAXIMIZE THE USE OF TELECOMMUTING TO CONSERVE
ENERGY OTHERWISE USED BY THE PERSONNEL OF THE OFFICE IN COMMUTING TO
THEIR ASSIGNED WORKPLACE. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, THE OFFICE SHALL SUBMIT A REPORT TO THE GOVERNOR AND THE
LEGISLATURE ON THE IMPACT OF SUCH PLAN TO INCLUDE, BUT NOT BE LIMITED
TO, ENERGY CONSERVATION, AIR QUALITY, WORKFORCE ACCEPTANCE, OFFICE COSTS
AND POTENTIAL COST SAVINGS.
2. THE OFFICE MAY:
A. UNDERTAKE STUDIES, SURVEYS OR ANALYSES TO DETERMINE PRESENT AND
PROJECTED ENERGY AND ENERGY RESOURCE USE, SUPPLY AND DEMAND WITHIN THE
STATE.
B. PROMULGATE ENERGY USE STANDARDS AFTER CONSULTATION WITH THE COMMIS-
SIONER OF THE OFFICE OF GENERAL SERVICES, FOR THE PURCHASE, LEASE, USE
OR MAINTENANCE OF STATE BUILDINGS AND EQUIPMENT.
C. MAINTAIN LIAISON WITH AND REPRESENT THE STATE BEFORE APPROPRIATE
AGENCIES OF THE FEDERAL GOVERNMENT, THE DOMINION OF CANADA, REGIONAL
COMMISSIONS, OTHER STATE GOVERNMENTS AND MUNICIPALITIES IN ALL ENERGY
AND ENERGY RESOURCES MATTERS.
D. COORDINATE THE STATE'S ADMINISTRATION OF ANY ENERGY OR ENERGY
RESOURCE PROGRAMS OF THE FEDERAL GOVERNMENT, OTHER THAN RESEARCH, DEVEL-
OPMENT AND DEMONSTRATION PROGRAMS CONDUCTED BY THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, INCLUDING BUT NOT LIMITED TO THOSE
CONCERNED WITH CONSERVATION, ALLOCATION, MANAGEMENT OR EDUCATION.
E. ADVISE ALL AGENCIES AND MUNICIPALITIES OF THE STATE IN ENERGY AND
ENERGY RESOURCE RELATED MATTERS.
§ 5-109. ACTION BY THE COMMISSIONER. 1. THE COMMISSIONER SHALL PREPARE
AND DISTRIBUTE AT THE EARLIEST FEASIBLE DATE AN INDEX OF FUNCTIONS AND
RESPONSIBILITIES OF STATE AGENCIES RELATING TO ENERGY AND ENERGY
RESOURCES IN SUFFICIENT DETAIL TO GUIDE THE PUBLIC AND SERVE AS A BASIS
FOR SUCH FURTHER STEPS AS MAY BE DEEMED NECESSARY TO ASSURE FULL COORDI-
NATION WITHOUT DUPLICATION OF THE ENERGY-RELATED ACTIVITIES OF SUCH
AGENCIES.
2. UPON COMPLETION OF THE INDEX REQUIRED TO BE PREPARED PURSUANT TO
SUBDIVISION ONE OF THIS SECTION, AND NO LATER THAN ONE HUNDRED TWENTY
DAYS AFTER SUCH COMPLETION, THE COMMISSIONER SHALL RECOMMEND TO THE
GOVERNOR AND THE LEGISLATURE SUCH ACTION AS MAY BE NECESSARY TO PRECLUDE
ANY IDENTIFIED OR POTENTIAL DUPLICATION OF ENERGY AND ENERGY RESOURCE
RELATED FUNCTIONS AND RESPONSIBILITIES OF STATE AGENCIES.
§ 5-115. ENERGY ADVISORY COUNCIL. THERE IS HEREBY CREATED WITHIN THE
OFFICE AN ENERGY ADVISORY COUNCIL, CONSISTING OF THIRTEEN MEMBERS, FIVE
OF WHOM SHALL BE APPOINTED BY THE GOVERNOR FROM AMONG PERSONS WHO ARE
NOT HOLDERS OF PUBLIC OFFICE, ELECTIVE OR APPOINTIVE. OF THE FIVE
APPOINTED MEMBERS, NO MORE THAN THREE SHALL BELONG TO THE SAME POLITICAL
PARTY. THE OTHER MEMBERS SHALL BE THE COMMISSIONERS OF ECONOMIC DEVELOP-
MENT, TRANSPORTATION AND ENVIRONMENTAL CONSERVATION, THE SECRETARY OF
STATE, THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE PUBLIC SERVICE
COMMISSION, THE POWER AUTHORITY OF THE STATE OF NEW YORK AND THE COMMIS-
SIONER. THE COMMISSIONER SHALL SERVE AS CHAIR OF THE COUNCIL AND THE
GOVERNOR SHALL DESIGNATE A VICE-CHAIR FROM THE REMAINING MEMBERS OF THE
COUNCIL. THE MEMBERS OF THE COUNCIL SHALL RECEIVE NO COMPENSATION BUT
A. 6693 5
SHALL BE ENTITLED TO REIMBURSEMENT FOR NECESSARY EXPENSES INCURRED IN
CONNECTION WITH THE PERFORMANCE OF THEIR DUTIES. THE COUNCIL SHALL
ASSIST THE COMMISSIONER IN CARRYING OUT THE PURPOSE OF THIS CHAPTER,
INCLUDING THE COORDINATION, DEVELOPMENT AND IMPLEMENTATION OF A COMPRE-
HENSIVE STATE ENERGY POLICY.
§ 5-123. REVIEW AND RECOMMENDATIONS ON CONTINUATION. 1. IN THE YEAR
TWO THOUSAND NINETEEN AND EVERY FOUR YEARS THEREAFTER, THE DEPARTMENT OF
AUDIT AND CONTROL SHALL CONDUCT AN AUDIT OF THE OFFICE. WITHIN NINETY
DAYS OF THE COMPLETION OF SUCH AUDIT A COMMISSION, WHOSE MAXIMUM DURA-
TION SHALL BE SIX MONTHS, SHALL BE CREATED TO DETERMINE WHETHER THE
OFFICE SHALL CONTINUE IN OPERATION, OR WHETHER IT SHALL BE CHANGED IN
SOME MANNER, OR WHETHER IT SHALL BE DISSOLVED, AND THE COMMISSION SHALL
REPORT ITS FINDINGS TO THE GOVERNOR AND THE LEGISLATURE WITH RECOMMENDA-
TIONS OF CHANGES NECESSARY, AND IF DISSOLUTION IS RECOMMENDED IT SHALL
RECOMMEND WHAT FUNCTIONS SHALL BE ELIMINATED AND WHAT FUNCTIONS SHALL BE
CONTINUED BY ANOTHER AGENCY.
2. THE COMMISSION SHALL BE COMPOSED OF FIVE MEMBERS, WITH THE CHAIR
AND ONE OTHER MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED BY
THE TEMPORARY PRESIDENT OF THE SENATE, ONE MEMBER APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, AND ONE MEMBER APPOINTED BY THE COMPTROLLER.
STAFF FOR THE COMMISSION SHALL BE PROVIDED BY THE DEPARTMENT OF AUDIT
AND CONTROL FROM FUNDS APPROPRIATED FOR SUCH PURPOSE.
§ 3. Subdivisions 4 and 8 of section 9-103 of the energy law, subdivi-
sion 4 as amended by chapter 83 of the laws of 1995 and subdivision 8 as
added by section 78 of part A of chapter 436 of the laws of 1997, are
amended to read as follows:
4. Agencies, municipalities, and public authorities are encouraged to
consult with and seek advice and assistance from the OFFICE AND THE New
York state energy research and development authority concerning energy
performance contracts.
8. In the case of a school district or a board of cooperative educa-
tional services, an energy performance contract shall be developed and
approved pursuant to the requirements of this section and pursuant to
regulations promulgated by the commissioner of education in consultation
with the [New York state energy research and development authority]
COMMISSIONER. Such regulations shall include, but shall not be limited
to: a list of the appropriate type of projects that qualify as energy
performance contracts; an approval process that includes review of the
type and nature of the proposed project, the scope and nature of the
work to be performed, and a detailed breakdown of the energy savings to
be derived each year and for the duration of the energy performance
contract; and a process for ensuring that districts have obtained
financing at the lowest cost possible. Such regulations shall require
that all energy performance contracts which contain maintenance and
monitoring charges as part of the energy performance contract price
state such maintenance and monitoring charges separately in the contract
in a clear and conspicuous manner. [Such regulations shall not apply to
energy performance contracts entered into prior to the effective date of
such regulations, nor shall they apply to energy performance contracts
for which a request for proposals was issued prior to such effective
date.]
§ 4. Continuance of rules and regulations. All rules, regulations,
acts, determinations and decisions of the commissioner of housing and
community renewal, pertaining to the state energy conservation
construction code established by article 11 of the energy law, and
assigned by this act to the commissioner of the state energy office
A. 6693 6
shall continue in force and effect as rules, regulations, acts, determi-
nations and decisions of the state energy office or the commissioner of
the state energy office until duly modified or repealed.
§ 5. The energy law is amended by adding a new article 15 to read as
follows:
ARTICLE 15
ENERGY EFFICIENT DEVICES
SECTION 15-102. ENFORCEMENT POWERS.
15-103. ANNUAL REPORT.
15-104. EFFECT OF OTHER LAWS.
15-108. ENERGY EFFICIENCY OF RESIDENTIAL AND COMMERCIAL HOT
WATER HEATERS.
15-110. REFRIGERATORS, REFRIGERATORS/FREEZERS AND FREEZERS.
15-112. ELECTRIC DISHWASHERS.
15-116. GAS APPLIANCES.
15-118. AIR CONDITIONERS AND HEAT PUMPS.
15-120. FLUORESCENT LAMP BALLASTS.
§ 15-102. ENFORCEMENT POWERS. THE ATTORNEY GENERAL AND, IN ANY COUN-
TY, CITY, TOWN OR VILLAGE, THE CHIEF LEGAL OFFICER, THE CHIEF OFFICER OF
THE DEPARTMENT HAVING JURISDICTION OVER CONSUMER AFFAIRS OR ANY DEPART-
MENT OR OFFICER DESIGNATED BY A LOCAL LAW OR ORDINANCE SHALL SEVERALLY
HAVE POWER TO CONDUCT INVESTIGATIONS REGARDING COMPLIANCE WITH THIS
ARTICLE, AND TO INSTITUTE AN ACTION OR SPECIAL PROCEEDING IN ANY COURT
OF COMPETENT JURISDICTION TO ENJOIN SUCH VIOLATIONS AND RECOVER THE
PENALTY SPECIFIED; PROVIDED, HOWEVER, THE ATTORNEY GENERAL MAY AT HIS OR
HER OPTION NOTIFY A LOCAL GOVERNMENT THAT HE OR SHE INTENDS TO EXERCISE
EXCLUSIVE JURISDICTION WITH RESPECT TO SUCH ENFORCEMENT POWERS AS THEY
APPLY TO A SPECIFIC VIOLATION.
§ 15-103. ANNUAL REPORT. IN ITS ANNUAL REPORT TO THE GOVERNOR AND THE
LEGISLATURE, PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF SECTION 5-107
OF THIS CHAPTER, THE OFFICE SHALL PROVIDE A REVIEW OF THE EFFECTIVENESS
OF THE PROVISIONS OF THIS ARTICLE.
§ 15-104. EFFECT OF OTHER LAWS. 1. IF THE COMMISSIONER SHALL BE NOTI-
FIED BY THE UNITED STATES DEPARTMENT OF ENERGY THAT A PETITION HAS BEEN
FILED TO SUPERSEDE ANY REQUIREMENT OF THIS ARTICLE OR ANY STANDARD, RULE
OR REGULATION PROMULGATED THEREUNDER THE COMMISSIONER SHALL DETERMINE
THE IMPACT OF SUCH PETITION OR APPLICABLE STATE REQUIREMENTS, STANDARDS,
RULES OR REGULATIONS. IF HE OR SHE DETERMINES THAT (A) THERE IS A
SUBSTANTIAL STATE OR LOCAL NEED WHICH IS SUFFICIENT TO JUSTIFY SUCH
STATE REQUIREMENT, (B) SUCH STATE REQUIREMENT DOES NOT UNDULY BURDEN
INTERSTATE COMMERCE, AND (C) SUCH STATE REQUIREMENT CONTAINS A MORE
STRINGENT ENERGY EFFICIENCY STANDARD THAN THE CORRESPONDING FEDERAL
STANDARD, THE COMMISSIONER SHALL FILE PROMPTLY WITH THE UNITED STATES
DEPARTMENT OF ENERGY THE NECESSARY DOCUMENTS TO SO DEMONSTRATE, AND TO
REQUEST THAT THE PETITION TO SUPERSEDE BE DENIED.
2. THE COMMISSIONER SHALL DETERMINE THE IMPACT OF ANY FEDERAL STAND-
ARD, RULE OR DETERMINATION WHICH WOULD SUPERSEDE THE REQUIREMENTS OF
THIS ARTICLE. IF HE OR SHE DETERMINES THAT (A) ANY REQUIREMENT ESTAB-
LISHED BY THIS ARTICLE IS MORE STRINGENT THAN AN APPLICABLE FEDERAL
STANDARD, RULE OR DETERMINATION, AND THAT SUCH FEDERAL STANDARD, RULE OR
DETERMINATION, WOULD SUPERSEDE THE REQUIREMENT IN THIS ARTICLE, (B)
THERE IS A SUBSTANTIAL STATE OR LOCAL NEED WHICH IS SUFFICIENT TO JUSTI-
FY SUCH STATE REQUIREMENT, AND (C) SUCH STATE REQUIREMENT DOES NOT UNDU-
LY BURDEN INTERSTATE COMMERCE, THE COMMISSIONER SHALL PROMPTLY PETITION
THE UNITED STATES DEPARTMENT OF ENERGY REQUESTING A RULE THAT SUCH STATE
STANDARD, RULE OR DETERMINATION, NOT BE SUPERSEDED.
A. 6693 7
§ 15-108. ENERGY EFFICIENCY OF RESIDENTIAL AND COMMERCIAL HOT WATER
HEATERS. 1. AS USED IN THIS SECTION:
(A) "RECOVERY EFFICIENCY" SHALL MEAN THE RATIO OF THE HEAT ABSORBED BY
THE WATER TO THE HEAT INPUT DELIVERED TO THE HEATING UNIT DURING THE
PERIOD THAT THE WATER TEMPERATURE IS RAISED FROM THE INLET TEMPERATURE
TO THE FINAL TEMPERATURE.
(B) "STANDBY LOSSES" SHALL MEAN HEAT LOSSES OCCURRING WHILE MAINTAIN-
ING DESIGN WATER TEMPERATURE OVER PERIODS WHEN NO HOT WATER IS BEING
DRAWN FROM THE WATER TANK.
2. NO PERSON SHALL ADVERTISE, DISPLAY FOR SALE, OR SELL IN THIS STATE
ANY NEW ELECTRIC, GAS-FIRED OR OIL-FIRED HOT WATER HEATER TO BE USED IN
THIS STATE FOR DOMESTIC OR SANITARY PURPOSES UNLESS IT SHALL MEET THE
FOLLOWING PERFORMANCE STANDARDS:
(A) FOR AUTOMATIC ELECTRIC STORAGE WATER HEATERS, THE STANDBY LOSS
SHALL NOT EXCEED FOUR WATT-HOURS PER HOUR PER SQUARE FOOT OF TANK
SURFACE AREA UNLESS SUPERSEDED BY MORE STRINGENT STANDARDS DETERMINED BY
THE OFFICE.
(B) FOR AUTOMATIC GAS-FIRED OR OIL-FIRED WATER HEATERS, UNLESS SUPER-
SEDED BY MORE STRINGENT STANDARDS DETERMINED BY THE OFFICE, THE MINIMUM
RECOVERY EFFICIENCY SHALL BE SEVENTY-FIVE PERCENT AND FOR AUTOMATIC
GAS-FIRED OR OIL-FIRED STORAGE WATER HEATERS THE STANDBY LOSS SHALL NOT
EXCEED A PERCENT OF THE ENERGY INPUT EQUAL TO 2.3 PLUS THE QUOTIENT OF
67 DIVIDED BY THE RATED VOLUME IN GALLONS OF THE HEATER.
(C) STANDBY LOSSES AND RECOVERY EFFICIENCIES SHALL BE DETERMINED BY
METHODS DESCRIBED BY THE AMERICAN NATIONAL STANDARD INSTITUTE, INC.,
HITHERTO KNOWN AS ANSI IN ITS PUBLICATIONS ANSI C72.1-72 AND ANSI
Z21.10.3-74 UNLESS SUPERSEDED BY METHODS ESTABLISHED BY THE OFFICE.
3. IF THE COMMISSIONER SHALL DETERMINE THAT NO HOT WATER HEATER OF A
CERTAIN CLASS, SIZE OR TYPE IS AVAILABLE WITH SUCH EFFICIENCY TO MEET
THE REQUIREMENTS OF THIS SECTION, HE OR SHE MAY EXTEND THE EFFECTIVE
DATE FOR COMPLIANCE OF SUCH CLASS UNTIL SUCH HOT WATER HEATER IS AVAIL-
ABLE.
4. SUCH HOT WATER HEATER AND ITS PACKING CARTON, IF SUCH CARTON IS
PROVIDED, SHALL CARRY IN A CONSPICUOUS POSITION A NON-TRANSFERABLE SIGN
OR LABEL STATING THAT SUCH HOT WATER HEATER MEETS THE MINIMUM ENERGY
EFFICIENCY REQUIREMENTS OF NEW YORK STATE.
5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE
NOT TO EXCEED ONE THOUSAND DOLLARS.
§ 15-110. REFRIGERATORS, REFRIGERATORS/FREEZERS AND FREEZERS. NO
REFRIGERATOR, REFRIGERATOR/FREEZER OR FREEZER WHICH IS MANUFACTURED ON
OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AND WHICH CONTAINS A
CONTINUOUSLY ENERGIZED ELECTRICAL RESISTANCE HEATING UNIT FOR THE
PURPOSE OF PREVENTING CONDENSATION ON THE JACKET, SHALL BE DISPLAYED FOR
SALE, ADVERTISED OR SOLD AT RETAIL IN THIS STATE, UNLESS IT POSSESSES AN
EASILY ACCESSIBLE MANUALLY-OPERATED ELECTRICAL SWITCH CAPABLE OF TERMI-
NATING THE HEATING WHEN IT IS DEEMED NECESSARY. EACH SUCH SWITCH SHALL
BE CLEARLY MARKED AS TO ITS PURPOSE AND FULLY DESCRIBED IN THE INSTRUC-
TION BOOK PROVIDED WITH THE APPLIANCE INCLUDING A CHART THAT INDICATES
THE ANNUALIZED SAVINGS POSSIBLE BY USE OF THE SWITCH AT SEVERAL TYPICAL
COSTS OF ELECTRICITY, AND A STATEMENT OF PERCENTAGE OF ENERGY SAVINGS
POSSIBLE BY USE OF SUCH SWITCH.
EACH SUCH REFRIGERATOR, REFRIGERATOR/FREEZER OR FREEZER DISPLAYED FOR
SALE, ADVERTISED, OR SOLD WITHOUT SUCH A SWITCH, WITHOUT SUCH
DESCRIPTION IN SUCH INSTRUCTION BOOK OR WITHOUT SUCH CHART AND STATEMENT
OF SAVINGS SHALL CONSTITUTE A VIOLATION.
A. 6693 8
EACH DAY A VIOLATION IS CONTINUED SHALL CONSTITUTE A SEPARATE
VIOLATION.
A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT
TO EXCEED TWO HUNDRED FIFTY DOLLARS.
§ 15-112. ELECTRIC DISHWASHERS. NO ELECTRIC DISHWASHER WHICH IS MANU-
FACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, AND WHICH,
UPON TERMINATION OF THE RINSE CYCLE, AUTOMATICALLY ENERGIZES AN ELEC-
TRICAL RESISTANCE HEATING UNIT SHALL BE DISPLAYED FOR SALE, ADVERTISED
OR SOLD AT RETAIL IN THIS STATE UNLESS IT POSSESSES AN EASILY ACCESSIBLE
MANUALLY OPERATED ELECTRICAL SWITCH CAPABLE OF ELIMINATING THE HEATING
PHASE OF THE DISHWASHER'S DRYING CYCLE. EACH SUCH SWITCH SHALL BE CLEAR-
LY MARKED AS TO ITS PURPOSE, AND FULLY DESCRIBED IN THE INSTRUCTION BOOK
PROVIDED WITH THE APPLIANCE INCLUDING A CHART THAT INDICATES THE ANNUAL-
IZED SAVINGS POSSIBLE BY USE OF THE SWITCH AT SEVERAL TYPICAL COSTS OF
ELECTRICITY, AND A STATEMENT OF PERCENTAGE OF ENERGY SAVINGS POSSIBLE BY
USE OF SUCH SWITCH.
EACH SUCH DISHWASHER DISPLAYED FOR SALE, ADVERTISED OR SOLD WITHOUT
SUCH A SWITCH, WITHOUT SUCH DESCRIPTION IN SUCH INSTRUCTION BOOK OR
WITHOUT SUCH CHART AND STATEMENT OF SAVINGS SHALL CONSTITUTE A
VIOLATION.
EACH DAY A VIOLATION IS CONTINUED SHALL CONSTITUTE A SEPARATE
VIOLATION.
A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE NOT
TO EXCEED TWO HUNDRED FIFTY DOLLARS.
§ 15-116. GAS APPLIANCES. 1. LEGISLATIVE INTENT. THE LEGISLATURE HERE-
BY FINDS AND DECLARES THAT CONSERVATION OF GASEOUS FUELS IS IN THE BEST
INTEREST OF THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THIS STATE
AND THAT SUCH CONSERVATION ALSO SHALL RESULT IN ECONOMIC SAVINGS TO THE
USERS OF SUCH FUELS. THE LEGISLATURE, FURTHER, FINDS THAT WITH THE
ADVANCES IN TECHNOLOGY, THE USE OF CONTINUOUSLY OPERATED OR LIGHTED
PILOT LIGHTS TO PROVIDE FOR IGNITION OF CERTAIN GAS APPLIANCES IS BOTH
WASTEFUL AND NO LONGER NECESSARY.
2. DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) GAS APPLIANCE. ANY FURNACE, AIR-CONDITIONER, HEATER, REFRIGERATOR,
STOVE, RANGE, DISHWASHER, CLOTHES DRYER, CLOTHES WASHER, OR OTHER SUCH
DEVICE, WHICH USES A GASEOUS FUEL OTHER THAN PROPANE FOR THE OPERATION
THEREOF, AND WHICH IS MANUFACTURED AFTER THE EFFECTIVE DATE OF THIS
SECTION, AND IS AUTOMATICALLY IGNITED BY A MEANS OTHER THAN AN INTERMIT-
TENT IGNITION DEVICE.
THE TERM GAS APPLIANCE SHALL NOT INCLUDE A WATER HEATER WHICH HEATS
WATER FOR DOMESTIC USE, A STOVE OR RANGE WHICH CONTAINS A SEPARATE
SECTION SPECIFICALLY DESIGNED TO PROVIDE SPACE HEATING, OR A GRAVITY-
TYPE ROOM HEATER, WALL FURNACE OR FLOOR FURNACE WHICH DOES NOT CONTAIN
ANY ELECTRICAL COMPONENT.
(B) AUTOMATIC GAS APPLIANCE. ANY FURNACE, AIR CONDITIONER, HEATER,
REFRIGERATOR, STOVE, RANGE, DISHWASHER, CLOTHES DRYER, CLOTHES WASHER,
OR OTHER SUCH DEVICE, WHICH USES A GASEOUS FUEL OTHER THAN PROPANE FOR
THE OPERATION THEREOF, AND WHICH IS MANUFACTURED AFTER THE EFFECTIVE
DATE OF THIS SECTION, AND IS AUTOMATICALLY IGNITED BY AN INTERMITTENT
IGNITION DEVICE.
THE TERM AUTOMATIC GAS APPLIANCE SHALL NOT INCLUDE A WATER HEATER
WHICH HEATS WATER FOR DOMESTIC USE, A STOVE OR RANGE WHICH CONTAINS A
SEPARATE SECTION SPECIFICALLY DESIGNED TO PROVIDE SPACE HEATING, OR A
GRAVITY-TYPE ROOM HEATER, WALL FURNACE OR FLOOR FURNACE WHICH DOES NOT
CONTAIN ANY ELECTRICAL COMPONENT.
A. 6693 9
(C) RESIDENCE. ANY BUILDING OR STRUCTURE IN THIS STATE USED PRINCIPAL-
LY FOR DWELLING PURPOSES, INCLUDING, BUT NOT LIMITED TO, SINGLE AND
MULTIPLE FAMILY DWELLINGS OR RESIDENCES OF ANY NATURE, INCLUDING APART-
MENTS, APARTMENT BUILDINGS, APARTMENT PROJECTS, CONDOMINIUMS AND MOBILE
HOMES, BUT NOT INCLUDING HOTELS OR MOTELS.
(D) INTERMITTENT IGNITION DEVICE. A DEVICE WHICH IGNITES AN AUTOMATIC
GAS APPLIANCE TO BEGIN NORMAL OPERATION THEREOF, AND WHICH IS ACTIVATED
ONLY AT THE TIME SUCH AUTOMATIC GAS APPLIANCE IS TO BE SO IGNITED.
3. PROHIBITIONS. THE FOLLOWING ACTS SHALL BE UNLAWFUL:
(A) THE SALE OR OFFERING FOR SALE BY ADVERTISEMENT OR OTHERWISE OR
DISPLAYING FOR SALE OF GAS APPLIANCES FOR USE IN OR IN CONNECTION WITH A
RESIDENCE.
(B) THE INSTALLATION OR CAUSING THE INSTALLATION OF A GAS APPLIANCE IN
A RESIDENCE.
(C) THE IMPORTATION INTO THIS STATE OF A GAS APPLIANCE FOR USE IN OR
IN CONNECTION WITH A RESIDENCE.
(D) THE DELIVERY IN THIS STATE AFTER SALE OR PURSUANT TO A CONTRACT OF
SALE OF A GAS APPLIANCE FOR USE IN OR IN CONNECTION WITH A RESIDENCE.
(E) THE SALE OR DISPLAY FOR SALE OF AN AUTOMATIC GAS APPLIANCE FOR USE
IN OR IN CONNECTION WITH A RESIDENCE, UNLESS SUCH AUTOMATIC GAS APPLI-
ANCE IS LABELED IN A MANNER VISIBLE TO THE PURCHASER OR PROSPECTIVE
PURCHASER WITH THE WORDS "INTERMITTENT IGNITION", "ELECTRIC IGNITION",
"PILOTLESS IGNITION", "PILOTLESS ELECTRIC IGNITION", "SPARK IGNITION" OR
SIMILAR WORDS APPROVED BY THE COMMISSIONER.
4. PENALTIES. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS FOR EACH SUCH
VIOLATION. PROVIDED THAT EACH DAY OF A CONTINUING VIOLATION SHALL
CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.
§ 15-118. AIR CONDITIONERS AND HEAT PUMPS. 1. DEFINITIONS. AS USED IN
THIS ARTICLE:
(A) "AIR CONDITIONER" MEANS A COMBINATION OF COMPONENTS INCLUDING A
COMPRESSOR, A CONDENSER AND AN EVAPORATOR POWERED BY SINGLE PHASE
CURRENT, HAVING A COOLING CAPACITY RATING BELOW 65,000 BTU PER HOUR AND
WHICH IS DESIGNED FOR THE PURPOSE OF COOLING ONE OR MORE ROOMS OF A
BUILDING.
(B) "HEAT PUMP" MEANS A COMBINATION OF COMPONENTS INCLUDING A COMPRES-
SOR, A CONDENSER AND AN EVAPORATOR, WHICH MAY UTILIZE AIR OR WATER AS
THE SOURCE OF HEAT, IS COMBINED WITH A CENTRAL AIR CONDITIONER, AND IS
DESIGNED FOR THE PURPOSE OF HEATING AND COOLING ONE OR MORE ROOMS OF A
BUILDING.
(C) "ROOM AIR CONDITIONER" MEANS AN ENCASED AIR CONDITIONER DESIGNED
AS A UNIT FOR MOUNTING IN A WINDOW OR THROUGH THE WALL FOR THE PURPOSE
OF PROVIDING DELIVERY OF CONDITIONED AIR TO AN ENCLOSED SPACE WITHOUT
DUCTS, AND WHICH IS NOT A PACKAGED TERMINAL AIR CONDITIONER.
(D) "CENTRAL AIR CONDITIONER" MEANS AN AIR CONDITIONER WHICH IS NOT A
ROOM AIR CONDITIONER OR A PACKAGED TERMINAL AIR CONDITIONER.
(E) "COOLING CAPACITY RATING" MEANS THE QUANTITY OF HEAT IN BRITISH
THERMAL UNITS (BTU) WHICH AN AIR CONDITIONER IS CAPABLE OF REMOVING IN
ONE HOUR.
(F) "POWER RATING" MEANS THE POWER REQUIRED IN WATTS TO PRODUCE THE
COOLING CAPACITY RATING.
(G) "ENERGY EFFICIENCY RATIO (EER)" MEANS THE COOLING CAPACITY RATING
FOR ROOM AIR CONDITIONERS OR PACKAGED TERMINAL AIR CONDITIONERS DIVIDED
BY THE POWER RATING.
(H) "SEASONAL ENERGY EFFICIENCY RATIO (SEER)" MEANS THE TOTAL COOLING
OF A CENTRAL AIR CONDITIONER IN BTU DURING ITS NORMAL ANNUAL USAGE PERI-
A. 6693 10
OD FOR COOLING DIVIDED BY THE TOTAL ELECTRIC POWER INPUT IN WATT-HOURS
DURING THE SAME PERIOD.
(I) "ENERGY EFFICIENCY" MEANS THE EER OR SEER OF A ROOM AIR CONDITION-
ER OR CENTRAL AIR CONDITIONER RESPECTIVELY.
(J) "AT RETAIL" MEANS THE FIRST TRANSFER OF GOODS, FOR LAWFUL CONSID-
ERATION, FROM ANY PERSON WHO IS REGULARLY IN THE BUSINESS OF BUYING AND
SELLING NEW AIR CONDITIONERS AND/OR HEAT PUMPS FOR PROFIT TO ANY PERSON
WHO IS NOT REGULARLY IN THE BUSINESS OF BUYING AND SELLING NEW AIR
CONDITIONERS AND/OR HEAT PUMPS FOR PROFIT.
(K) "PACKAGED TERMINAL AIR CONDITIONER" MEANS A WALL SLEEVE AND A
SEPARATE UNCASED CHASSIS WITH A COMBINATION OF HEATING AND COOLING
ASSEMBLIES INTENDED FOR MOUNTING THROUGH THE WALL. IT INCLUDES AN AIR
CONDITIONER, OUTDOOR LOUVERS, FORCED VENTILATION, CONTROLS, AND HEATING
CAPABILITY BY HEAT PUMP, ELECTRICITY, HOT WATER OR STEAM.
2. LABELING OF NEW AIR CONDITIONERS AND HEAT PUMPS. (A) NO PERSON
SHALL SELL, OFFER, OR EXPOSE FOR SALE AT RETAIL ANY NEW ROOM AIR CONDI-
TIONER AS HEREINAFTER SPECIFIED UNLESS SUCH AIR CONDITIONER SHALL CARRY
IN A CONSPICUOUS POSITION A NAMEPLATE, SIGN OR LABEL STATING ITS: (I)
COOLING CAPACITY RATING, (II) POWER RATING, AND (III) ENERGY EFFICIENCY.
(B) NO PERSON SHALL SELL, OFFER OR EXPOSE FOR SALE AT RETAIL ANY NEW
CENTRAL AIR CONDITIONER OR HEAT PUMP UNLESS AN ENERGY FACT SHEET WHICH
DISCLOSES THE (I) SEASONAL ENERGY EFFICIENCY RATIO AND (II) THE COOLING
CAPACITY RATING HAS BEEN SHOWN TO THE PURCHASER PRIOR TO THE SALE OF THE
PRODUCT. FOR PURPOSES OF PROVIDING THE REQUIRED ENERGY INFORMATION ON
SPLIT SYSTEM CENTRAL AIR CONDITIONERS AND HEAT PUMPS, THE FACT SHEET
DISCLOSURE SHALL BE BASED ON SYSTEM PERFORMANCE OF THE SPECIFIC CONDENS-
ING UNIT AND EVAPORATOR COIL COMBINATION BEING SOLD.
(C) IF THE FEDERAL GOVERNMENT SHALL ADOPT LABELING REQUIREMENTS
DIFFERENT FROM THOSE REQUIRED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION, THEN UPON THE EFFECTIVE DATE OF THE FEDERAL LABELING REQUIREMENTS,
NEW AIR CONDITIONERS OR HEAT PUMPS OFFERED FOR SALE AT RETAIL SHALL
COMPLY WITH THE FEDERAL LABELING REQUIREMENTS, AND THE STATE LABELING
REQUIREMENTS SHALL BE SUPERSEDED, PROVIDED, HOWEVER, FROM THE TIME THE
FEDERAL GOVERNMENT SHALL HAVE PRESCRIBED SUCH LABELING REQUIREMENTS, TO
THE TIME THAT SUCH REQUIREMENTS SHALL BECOME EFFECTIVE, COMPLIANCE WITH
THIS SECTION MAY BE MET BY DISCLOSURE OF EITHER THE REQUIRED STATE
LABELING INFORMATION OR THE PRESCRIBED FEDERAL LABELING INFORMATION.
(D) THE MONTH AND YEAR OF MANUFACTURE OF SUCH AIR CONDITIONER OR HEAT
PUMP SHALL BE MARKED IN A READILY ACCESSIBLE LOCATION ON OR IN SAID AIR
CONDITIONER OR HEAT PUMP.
3. TEST PROCEDURES. TEST PROCEDURES FOR THE PURPOSE OF DETERMINING THE
COMPLIANCE WITH THIS SECTION SHALL BE IN ACCORDANCE WITH THE UNITED
STATES DEPARTMENT OF ENERGY (USDOE) TEST PROCEDURES IN EFFECT AT TIME OF
MANUFACTURE HOWEVER, IF NO USDOE TEST PROCEDURES HAVE BEEN ADOPTED, THE
APPLICABLE TEST PROCEDURES ADOPTED BY THE AIR-CONDITIONING AND REFRIGER-
ATION INSTITUTE SHALL APPLY.
4. ENERGY EFFICIENCY STANDARDS. (A) ROOM AIR CONDITIONERS. NO PERSON
SHALL SELL, OFFER FOR SALE, OR EXPOSE FOR SALE AT RETAIL, ANY NEW ROOM
AIR CONDITIONER WITH AN ENERGY EFFICIENCY RATIO LESS THAN THE RATIO
LISTED:
MINIMUM ENERGY EFFICIENCY RATIO (EER)
IN BTU PER HOUR PER WATT
NOMINAL ENERGY
COOLING CAPACITY OPERATING EFFICIENCY
BTU PER HOUR VOLTAGE STANDARDS
A. 6693 11
5,999 AND LESS LESS THAN 150 7.5
6,000 AND OVER LESS THAN 150 8.5
ALL SIZES 150 OR GREATER 8.2
(B) CENTRAL AIR CONDITIONERS. NO PERSON SHALL SELL, OFFER FOR SALE,
EXPOSE FOR SALE AT RETAIL OR INSTALL ANY CENTRAL AIR CONDITIONER WITH A
SEASONAL ENERGY EFFICIENCY RATIO OF LESS THAN 9.5.
(C) HEAT PUMPS. NO PERSON SHALL SELL, OFFER FOR SALE, EXPOSE FOR SALE
AT RETAIL OR INSTALL ANY COMBINED CENTRAL AIR CONDITIONER AND HEAT PUMP
WITH A SEASONAL ENERGY EFFICIENCY RATIO OF LESS THAN 8.5.
(D) PACKAGED TERMINAL AIR CONDITIONERS. PACKAGED TERMINAL AIR CONDI-
TIONERS SHALL MEET THE SAME REQUIREMENTS AS OTHER ROOM AIR CONDITIONERS,
AS SPECIFIED IN THIS SUBDIVISION, EXCEPT THAT NO LATER THAN SEPTEMBER
FIRST, TWO THOUSAND NINETEEN, THE OFFICE SHALL, AFTER CONSULTATION WITH
OTHER GOVERNMENT AGENCIES AND REPRESENTATIVES OF INDUSTRY AS IT DEEMS
DESIRABLE, PROMULGATE A SCHEDULE OF MINIMUM ENERGY EFFICIENCY RATIOS FOR
SUCH PACKAGED TERMINAL AIR CONDITIONERS.
5. ADVERTISING OF AIR CONDITIONERS AND HEAT PUMPS. ANY PRINTED ADVER-
TISING FOR AIR CONDITIONERS OR HEAT PUMPS TO BE SOLD AT RETAIL INCLUDING
THE COOLING CAPACITY RATING SHALL ALSO INCLUDE THE APPLICABLE ENERGY
EFFICIENCY IN A TYPEFACE NO SMALLER THAN THAT OF THE CORRESPONDING COOL-
ING CAPACITY RATING.
6. PENALTIES. ANY PERSON WHO SHALL VIOLATE ANY PROVISION OF THIS
SECTION EITHER PERSONALLY OR THROUGH AN AGENT OR EMPLOYEE, SHALL BE
SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE DOLLARS NOR MORE
THAN TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION. FOR PURPOSES OF THIS
SECTION, THE SALE, OFFER FOR SALE, OR EXPOSURE FOR SALE OR INSTALLATION
OF ANY ONE AIR CONDITIONER OR HEAT PUMP WHICH FAILS TO MEET THE STAND-
ARDS OF THIS SECTION, SHALL CONSTITUTE A VIOLATION.
§ 15-120. FLUORESCENT LAMP BALLASTS. 1. DEFINITIONS. AS USED IN THIS
SECTION:
(A) "ANSI" MEANS THE AMERICAN NATIONAL STANDARDS INSTITUTE, INC.
(B) "BALLAST EFFICIENCY FACTOR" MEANS THE RATIO OF RELATIVE LIGHT
OUTPUT TO THE POWER INPUT.
(C) "FLUORESCENT LAMP BALLAST" OR "BALLAST" MEANS A DEVICE TO OPERATE
FLUORESCENT LAMPS BY PROVIDING A STARTING VOLTAGE AND CURRENT AND LIMIT-
ING THE CURRENT DURING NORMAL OPERATION, AND WHICH IS (I) DESIGNED TO
OPERATE AT NOMINAL INPUT VOLTAGES OF ONE HUNDRED TWENTY OR TWO HUNDRED
SEVENTY-SEVEN VOLTS; (II) DESIGNED TO OPERATE WITH AN INPUT FREQUENCY OF
SIXTY HERTZ; AND (III) DESIGNED FOR USE IN CONNECTION WITH AN F40T12 OR
F96T12 LAMP; PROVIDED, HOWEVER, THAT THIS TERM SHALL NOT INCLUDE
BALLASTS WHICH HAVE A DIMMING CAPABILITY OR ARE INTENDED FOR USE IN
AMBIENT TEMPERATURES OF 0°F OR LESS OR HAVE A POWER FACTOR OF LESS THAN
.60.
(D) "F40T12 LAMP" MEANS A TUBULAR FLUORESCENT LAMP WHICH (I) IS
FORTY-EIGHT INCHES IN LENGTH AND ONE AND A HALF INCHES IN DIAMETER, (II)
HAS A MAXIMUM OPERATING CURRENT OF GREATER THAN THREE HUNDRED FIFTY
MILLIAMPERES AND LESS THAN FIVE HUNDRED MILLIAMPERES AND (III) CONFORMS
TO ANSI STANDARD C78.1 - 1978.
(E) "F96T12 LAMP" MEANS A TUBULAR FLUORESCENT LAMP WHICH (I) IS NINE-
TY-SIX INCHES IN LENGTH AND ONE AND A HALF INCHES IN DIAMETER, (II) HAS
A MAXIMUM OPERATING CURRENT OF GREATER THAN THREE HUNDRED FIFTY MILLIAM-
PERES AND LESS THAN FIVE HUNDRED MILLIAMPERES AND (III) CONFORMS TO ANSI
STANDARD C78.3 - 1978.
(F) "LUMINAIRE" MEANS A COMPLETE LIGHTING UNIT CONSISTING OF A
FLUORESCENT LAMP, OR LAMPS, TOGETHER WITH PARTS DESIGNED TO DISTRIBUTE
A. 6693 12
THE LIGHT, TO POSITION AND PROTECT SUCH LAMPS, AND TO CONNECT SUCH LAMPS
TO THE POWER SUPPLY.
(G) "NOMINAL INPUT VOLTAGE" MEANS AN INPUT VOLTAGE WITHIN PLUS FIVE
PERCENT OR MINUS FIVE PERCENT OF A SPECIFIED VALUE.
(H) "NOMINAL LAMP WATTS" MEANS THE WATTAGE AT WHICH A FLUORESCENT LAMP
IS DESIGNED TO OPERATE.
(I) "POWER INPUT" MEANS THE POWER CONSUMPTION IN WATTS OF A BALLAST
AND FLUORESCENT LAMP OR LAMPS, AS DETERMINED IN ACCORDANCE WITH THE TEST
PROCEDURES SPECIFIED IN SUBDIVISION TWO OF THIS SECTION.
(J) "RELATIVE LIGHT OUTPUT" MEANS LIGHT OUTPUT DELIVERED THROUGH THE
USE OF A BALLAST DIVIDED BY THE LIGHT OUTPUT THROUGH THE USE OF A REFER-
ENCE BALLAST, EXPRESSED AS A PERCENT, AS DETERMINED IN ACCORDANCE WITH
THE TEST PROCEDURES SPECIFIED IN SUBDIVISION TWO OF THIS SECTION.
2. TEST PROCEDURES. RELATIVE LIGHT OUTPUT AND POWER INPUT SHALL BE
DETERMINED IN ACCORDANCE WITH TEST PROCEDURES SPECIFIED BY ANSI STANDARD
C82.2-1977.
3. ENERGY EFFICIENCY STANDARDS. (A) ON AND AFTER JANUARY FIRST, TWO
THOUSAND NINETEEN, NO PERSON SHALL SELL, OFFER FOR SALE, INSTALL, OR
CAUSE TO BE INSTALLED WITHIN THE STATE ANY BALLAST MANUFACTURED AFTER
SUCH DATE WHICH HAS A BALLAST EFFICIENCY FACTOR LESS THAN THE APPLICABLE
VALUE SET FORTH BELOW:
NOMINAL
BALLASTS DESIGNED FOR INPUT TOTAL NOMINAL BALLAST
THE OPERATION OF VOLTAGE LAMP WATTS EFFICIENCY FACTOR
________________________________________________________________________
ONE F40T12 LAMP 120 40 1.805
277 40 1.805
TWO F40T12 LAMPS 120 80 1.060
277 80 1.050
TWO F96T12 LAMPS 120 150 0.570
277 150 0.570
PROVIDED, HOWEVER, THAT A BALLAST MANUFACTURED PRIOR TO JANUARY FIRST,
TWO THOUSAND NINETEEN WHICH DOES NOT MEET THE BALLAST EFFICIENCY FACTORS
SET OUT ABOVE MAY BE SOLD, OFFERED FOR SALE, INSTALLED, OR CAUSED TO BE
INSTALLED WITHIN THE STATE ONLY IF THE DATE OF MANUFACTURE CAN BE READI-
LY DETERMINED FROM THE MODEL NUMBER OR OTHER IDENTIFICATION PROVIDED ON
THE BALLAST CARTON.
(B) ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, NO PERSON SHALL
SELL, OFFER FOR SALE, INSTALL, OR CAUSE TO BE INSTALLED WITHIN THE STATE
ANY BALLAST WHICH HAS A BALLAST EFFICIENCY FACTOR LESS THAN THE APPLICA-
BLE VALUE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
(C) ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, NO PERSON SHALL
SELL OR OFFER FOR SALE WITHIN THE STATE ANY LUMINAIRE CONTAINING A
BALLAST WHICH HAS A BALLAST EFFICIENCY FACTOR LESS THAN THE APPLICABLE
VALUE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION UNLESS SUCH BALLAST
WAS MANUFACTURED PRIOR TO JANUARY FIRST, TWO THOUSAND NINETEEN.
(D) ON AND AFTER JANUARY FIRST, TWO THOUSAND NINETEEN, NO PERSON SHALL
SELL OR OFFER FOR SALE WITHIN THE STATE ANY LUMINAIRE WHICH CONTAINS A
BALLAST WITH A BALLAST EFFICIENCY FACTOR LESS THAN THE APPLICABLE FACTOR
SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
4. (A) NO MANUFACTURER OF FLUORESCENT LAMP BALLASTS MANUFACTURED AFTER
JANUARY FIRST, TWO THOUSAND NINETEEN SHALL SELL OR CAUSE SUCH BALLASTS
TO BE SOLD FOR RESALE OR INSTALLATION IN THE STATE UNLESS THERE HAS BEEN
FILED WITH THE OFFICE A COMPLIANCE STATEMENT WHICH INCLUDES THE FOLLOW-
ING INFORMATION: NAME AND ADDRESS OF THE BALLAST MANUFACTURER; BRAND
NAME AND MODEL NUMBER OF THE BALLAST; NAME AND ADDRESS OF THE TESTING
A. 6693 13
AGENT WHICH PERFORMED THE TEST PROCEDURES NECESSARY TO DETERMINE THE
BALLAST EFFICIENCY FACTOR; THE DATE AND RESULTS OF SUCH TEST; AND A
DECLARATION THAT THE FLUORESCENT LAMP BALLAST MEETS OR EXCEEDS THE
BALLAST EFFICIENCY FACTOR SPECIFIED IN SUBDIVISION THREE OF THIS
SECTION.
(B) THE COMMISSIONER MAY DETERMINE THAT APPROVAL BY AN INDUSTRY OR
GOVERNMENTAL CERTIFICATION AGENCY WHICH REVIEWS THE SAME OR SIMILAR
INFORMATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL SERVE
IN LIEU OF THE COMPLIANCE STATEMENT.
5. PENALTIES. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE NOT EXCEEDING ONE HUNDRED DOLLARS. FOR THE PURPOSES
OF THIS SECTION, EACH SALE, OFFER FOR SALE OR INSTALLATION OF A BALLAST
WHICH FAILS TO MEET THE EFFICIENCY STANDARDS OF THIS SECTION, OR A LUMI-
NAIRE CONTAINING SUCH A BALLAST, SHALL CONSTITUTE A SEPARATE VIOLATION.
§ 6. Sections 12-101-a and 17-102 of the energy law are REPEALED.
§ 7. Continuance of rules and regulations. All rules, regulations,
acts, determinations and decisions of the state consumer protection
board, pertaining to articles 12 and 17 of the energy law, and assigned
pursuant to this act to the state energy office shall continue in force
and effect as rules, regulations, acts, determinations and decisions of
the state energy office or the commissioner of the state energy office
until duly modified or repealed.
§ 8. Subdivision 1 of section 21 of the executive law, as amended by
chapter 176 of the laws of 2013, is amended to read as follows:
1. There is hereby created in the executive department a disaster
preparedness commission consisting of the commissioners of transporta-
tion, health, STATE ENERGY OFFICE, division of criminal justice
services, education, economic development, agriculture and markets,
housing and community renewal, general services, labor, environmental
conservation, mental health, parks, recreation and historic preserva-
tion, corrections and community supervision, children and family
services, homeland security and emergency services, and people with
developmental disabilities, the president of the New York state energy
research and development authority, the superintendents of state police
and financial services, the secretary of state, the state fire adminis-
trator, the chair of the public service commission, the adjutant gener-
al, the office of information technology services, and the office of
victim services, the chairs of the thruway authority, the office for the
aging, the metropolitan transportation authority, the port authority of
New York and New Jersey, the chief professional officer of the state
coordinating chapter of the American Red Cross and three additional
members, to be appointed by the governor, two of whom shall be chief
executives. Each member agency may designate an executive level officer
of that agency, with responsibility for disaster preparedness matters,
who may represent that agency on the commission. The commissioner of the
division of homeland security and emergency services shall serve as
chair of the commission, and the governor shall designate the vice chair
of the commission. The members of the commission, except those who serve
ex officio, shall be allowed their actual and necessary expenses
incurred in the performance of their duties under this article but shall
receive no additional compensation for services rendered pursuant to
this article.
§ 9. Paragraph (c) of subdivision 1 of section 169 of the executive
law, as amended by section 9 of part A of chapter 60 of the laws of
2012, is amended to read as follows:
A. 6693 14
(c) commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services, adjutant general, commissioner and
president of state civil service commission, commissioner of economic
development, COMMISSIONER OF THE STATE ENERGY OFFICE, chair of the ener-
gy research and development authority, president of higher education
services corporation, commissioner of motor vehicles, member-chair of
board of parole, chair of public employment relations board, secretary
of state, commissioner of alcoholism and substance abuse services, exec-
utive director of the housing finance agency, commissioner of housing
and community renewal, executive director of state insurance fund,
commissioner-chair of state liquor authority, chair of the workers'
compensation board;
§ 10. Paragraph a of subdivision 1 of section 374 of the executive
law, as amended by section 96 of subpart B of part C and as further
amended by section 104 of part A of chapter 62 of the laws of 2011, is
amended to read as follows:
a. Two members, to be appointed by the governor, from among the
commissioners of the departments of economic development, corrections
and community supervision, education, health[,] AND labor, [mental
health and social services, office] OFFICES of general services, ENERGY,
MENTAL HEALTH AND TEMPORARY AND DISABILITY ASSISTANCE, division of hous-
ing and community renewal, and the superintendent of financial services.
§ 11. Section 15-2901 of the environmental conservation law, as
amended by chapter 83 of the laws of 1995, is amended to read as
follows:
§ 15-2901. Water resources planning council; organization.
There is hereby established within the department [of environmental
conservation] a water resources planning council. It shall consist of
fifteen members, including the commissioners of agriculture and markets,
economic development, ENERGY, environmental conservation, health, trans-
portation, the chair of the public service commission, [president of the
New York state energy research and development authority,] secretary of
state and seven members to be appointed by the governor including at
least one member who shall have expertise in the science of water
resources planning and at least one member selected from a list proposed
by public interest or environmental citizens organizations. These seven
members shall serve terms of four years each. Two of the members shall
be appointed upon the recommendation of the majority leader of the
senate and two of the members shall be appointed upon the recommendation
of the speaker of the assembly. The governor shall select a chair from
among the members. Meetings of the council shall be called by the
chair. Members shall receive reimbursement for expenses.
§ 12. Subdivisions 1 and 2 of section 23-0311 of the environmental
conservation law, as amended by chapter 83 of the laws of 1995, are
amended to read as follows:
1. A thirteen member New York state oil, gas and solution mining advi-
sory board shall be created within the department to advise and assist
the commissioner and other state agencies on activities and policies
related to the development, operation and regulation of the oil, gas and
solution mining industry. The members shall be appointed by the gover-
nor, with a majority representative of the respective industries. Three
of the members shall be appointed upon recommendation of the [majority
leader] TEMPORARY PRESIDENT of the senate and three of the members shall
be appointed upon recommendation of the speaker of the assembly.
Appointments shall be made for three-year terms. Members shall continue
in office until their successors have been appointed and qualified. The
A. 6693 15
governor shall select a chair from among the members. The board shall
meet at least twice yearly and the members shall receive reimbursement
for expenses. The department shall provide the board with secretarial
services.
2. The chair of the public service commission, the [president of the
New York state energy research and development authority] COMMISSIONER
OF THE STATE ENERGY OFFICE, the state geologist, and the commissioner
shall serve the board in an ex-officio capacity.
§ 13. Subdivision 3 of section 23-2101 of the environmental conserva-
tion law, as amended by chapter 83 of the laws of 1995, is amended to
read as follows:
3. The [Commissioner] COMMISSIONER shall be the official represen-
tative of this state on the Interstate Oil Compact Commission. At the
direction of the commissioner, any other officer or employee of the
department may serve as substitute representative in the place and stead
of the commissioner. The commissioner shall consult and coordinate with
the [president of the New York state energy research and development
authority] COMMISSIONER OF THE STATE ENERGY OFFICE on issues relating to
state energy policy.
§ 14. The closing paragraph of section 391-a of the general business
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
The provisions of this section shall not apply to any person acting
pursuant to a directive or in accordance with an order issued by the
[governor] COMMISSIONER OF THE STATE ENERGY OFFICE to avert or alleviate
shortages or disruptions of supplies of liquid fuels, lubricating oils
or similar products. Any such directive or order may impose disclosure
requirements deemed by [the governor] SUCH COMMISSIONER to be in the
public interest.
§ 15. Section 84-a of the private housing finance law, as amended by
chapter 83 of the laws of 1995, is amended to read as follows:
§ 84-a. Additional supervision and regulation of housing companies.
The commissioner shall require that every company file with him, within
six months of the effective date of regulations implementing this
section and in such format as the commissioner shall prescribe, AFTER
CONSULTATION WITH THE STATE ENERGY OFFICE, an energy audit report which
identifies potential energy-saving building improvements, including
alterations, modifications and adjustments to the building structure,
heating, cooling, lighting and ventilation systems; their relative
costs; potential energy and cost savings; and simple payback periods,
which for the purpose of this section shall mean that period of time
within which the estimated cost of such improvements, exclusive of the
cost of capital, would be recovered from the savings generated by
reduced energy consumption resulting from the improvements. The energy
audit shall be conducted by a public utility, an engineer or architect
licensed by the state, or the managing agent or other representative of
the company IF SUCH INDIVIDUAL HAS ATTENDED AN ENERGY AUDIT TRAINING
WORKSHOP SPONSORED BY THE COMMISSIONER OF THE STATE ENERGY OFFICE. A
copy of the energy audit report, required herein, shall be given to any
duly constituted tenant's association or cooperator's advisory council
and a copy shall be available for inspection and copying by any individ-
ual tenant who requests it. The commissioner shall also require that
every company certify by March thirty-first, nineteen hundred eighty-
four that all compatible conservation measures identified in the energy
audit report which have simple payback period of one year or less have
been implemented; provided, however, if the commissioner determines
A. 6693 16
within sixty days of the date the energy audit report is filed that one
or more of such identified conservation measures cannot be implemented
by March thirty-first, nineteen hundred eighty-four, given the projected
rent revenues and any other monies available to the company from reserve
funds, loans or grants from the state or federal government or any other
source, the implementation of such conservation measures shall be
provided for according to a schedule prescribed by the commissioner.
§ 16. Subdivision 2 of section 1852 of the public authorities law, as
amended by chapter 156 of the laws of 2014, is amended to read as
follows:
2. The membership of the authority shall consist of thirteen members,
to be as follows: the commissioner of the [department of transportation]
STATE ENERGY OFFICE, WHO SHALL BE THE CHAIR, the commissioner of the
department of environmental conservation, the chair of the public
service commission, the president and chief executive officer of the
power authority of the State of New York, all of whom, EXCEPT THE CHAIR,
shall serve ex-officio; and nine members appointed by the governor by
and with the advice and consent of the senate; one of whom shall be an
engineer or a research scientist with a degree in the physical sciences
or engineering who has not been employed in the nuclear fission field
for three years preceding the appointment and who shall not be so
employed during his or her term; one of whom shall be an economist who
shall not have received more than one-tenth of his or her income from an
electric utility or gas utility for three years preceding the appoint-
ment and who shall not so derive more than one-tenth of his or her
income during such term; one of whom [who] shall be a member of a not-
for-profit environmental group; one of whom shall be a member of a not-
for-profit consumer group; one of whom [who] shall be an officer of a
utility primarily engaged in the distribution of gas; and one of whom
shall be an officer of an electric utility. [The governor shall desig-
nate the chair.] Of the nine members appointed by the governor, two
shall be appointed for terms expiring April first, nineteen hundred
seventy-eight, two for terms expiring April first, nineteen hundred
eighty, two for terms expiring April first, nineteen hundred eighty-one,
and three for terms expiring April first, nineteen hundred eighty-two.
Persons appointed by the governor for full terms as successors to such
members shall serve for terms of six years each commencing as of April
first. In the event of a vacancy occurring in the office of a member by
death, resignation or otherwise, the governor shall appoint a successor,
by and with the advice and consent of the senate, to serve the balance
of the unexpired term.
§ 17. Subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 of section 1854
of the public authorities law are REPEALED.
§ 18. Transfer of records. The president of the New York state energy
research and development authority shall deliver to the commissioner of
the state energy office all books, papers, records and property of such
authority pertaining to the functions transferred pursuant to this act
to the state energy office.
§ 19. Continuity of authority. For the purpose of succession to all
functions, powers, duties and obligations of the New York state energy
research and development authority transferred and assigned to, devolved
upon and assumed by the state energy office pursuant to this act, such
office shall be deemed and held to constitute the continuation of such
authority and not a different agency or authority.
§ 20. Completion of unfinished business. Any business or other matter
undertaken or commenced by the New York state energy research and devel-
A. 6693 17
opment authority pertaining to or connected with the functions, powers,
obligations and duties hereby transferred and assigned, and pending on
the effective date of this act, may be conducted and completed by the
state energy office.
§ 21. Continuance of rules and regulations. All rules, regulations,
acts, determinations and decisions of the New York state energy research
and development authority, pertaining to the functions transferred and
assigned pursuant to this act to the state energy office in force at the
time of such transfer, assignment, assumption or devolution shall
continue in force and effect as rules, regulations, acts, determinations
and decisions of the state energy office until duly modified or
repealed.
§ 22. Terms occurring in laws, contracts and other documents. Whenever
the New York state energy research and development authority and the
president thereof, the functions, powers, obligations and duties of
which are transferred pursuant to this act to the state energy office or
the commissioner thereof, are referred to or designated in any law,
contract or document pertaining to the functions, powers, obligations
and duties hereby transferred and assigned, such reference or desig-
nation shall be deemed to refer to the state energy office or the
commissioner thereof.
§ 23. Existing rights and remedies preserved. No existing right or
remedy of any character shall be lost, impaired, or affected by reason
of the provisions of this act.
§ 24. Pending actions and proceedings. No action or proceeding pending
at the time this act takes effect, brought by or against the New York
state energy research and development authority or the president there-
of, the functions, duties and obligations of which are assigned pursuant
to this act to the state energy office shall be affected by any
provision of this act, but the same may be prosecuted or defended in the
name of the commissioner of the state energy office. In all such actions
and proceedings, the state energy office, upon application to the court,
shall be substituted as a party.
§ 25. Transfer of appropriations heretofore made. All appropriations
or reappropriations heretofore made to the New York state energy
research and development authority for the functions, duties and obli-
gations assigned to the state energy office pursuant to this act, or
segregated pursuant to law, to the extent of remaining unexpended or
unencumbered balances thereof, whether allocated or unallocated and
whether obligated or unobligated, are transferred to and made available
for use and expenditure by the state energy office for the same purposes
for which originally appropriated or reappropriated and shall be payable
on vouchers certified or approved by the commissioner of the state ener-
gy office or duly authorized representative of such commissioner on
audit and warrant of the comptroller.
§ 26. The state energy office shall administer loans, agreements,
contracts and commitments of the New York state energy research and
development authority in effect as of the effective date of this act.
§ 27. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law; provided that any and
all actions necessary to implement the provisions of this act on its
effective date are authorized and directed to be taken and completed on
or before such date.