The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10439
 
                           I N  A S S E M B L Y
 
                               May 22, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON  RULES -- (at request of M. of A. Fahy) --
   read once and referred to the Committee on Ways and Means
 
 AN ACT to amend the energy law, the executive law and the state  finance
   law,  in relation to establishing the "advanced building codes, appli-
   ance and equipment efficiency standards act of 2022"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "advanced
 building codes, appliance and  equipment  efficiency  standards  act  of
 2022".
   §  2.  Subdivision 2 of section 3-101 of the energy law, as amended by
 chapter 253 of the laws of 2013, is amended to read as follows:
   2. to encourage conservation of energy AND TO PROMOTE THE CLEAN ENERGY
 AND  CLIMATE  AGENDA,  INCLUDING  BUT  NOT  LIMITED  TO  GREENHOUSE  GAS
 REDUCTION,  SET  FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
 THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE  CLIMATE  LEADERSHIP
 AND  COMMUNITY  PROTECTION ACT, in the construction and operation of new
 commercial, industrial, agricultural and residential buildings,  and  in
 the  rehabilitation  of  existing  structures, through heating, cooling,
 ventilation, lighting, insulation and design techniques and the  use  of
 energy audits and life-cycle costing analysis;
   §  3.  Subdivisions  3  and  9 of section 11-102 of the energy law, as
 added by chapter 560 of the laws of 2010, are amended, subdivisions  11,
 12,  13,  14 and 15 are renumbered to be subdivisions 12, 13, 14, 15 and
 16, and a new subdivision 11 is added to read as follows:
   3.   ["ASHRAE   90.1-2007."    ANSI/ASHRAE/IESNA]    "ASHRAE    90.1."
 ANSI/ASHRAE/IES  Standard [90.1-2007] 90.1, entitled "Energy [Standards]
 STANDARD for Buildings Except Low-Rise Residential Buildings," published
 by American Society of Heating, Refrigerating and Air-Conditioning Engi-
 neers, Inc.
   9. "Historic building." Any building  that  is  ONE  OR  MORE  OF  THE
 FOLLOWING:  (a)  listed,  OR  CERTIFIED  AS ELIGIBLE FOR LISTING, on the
 national register of historic places or on the state register of histor-
 ic places, (b) [determined by the commissioner of parks, recreation  and

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

                                                            LBD15946-01-2
 A. 10439                            2

 historic  preservation  to be eligible for listing on the state register
 of historic places] DESIGNATED AS HISTORIC UNDER AN APPLICABLE STATE  OR
 LOCAL  LAW,  OR (c) [determined by the commissioner of parks, recreation
 and  historic  preservation to be a contributing building to an historic
 district that is listed or eligible for listing on the state or national
 registers of historic places, or (d) otherwise defined  as  an  historic
 building  in regulations adopted by the state fire prevention and build-
 ing code council] CERTIFIED AS A CONTRIBUTING RESOURCE WITHIN A NATIONAL
 REGISTER-LISTED, STATE REGISTER-LISTED, OR LOCALLY  DESIGNATED  HISTORIC
 DISTRICT.
   11.  "LIFE-CYCLE  COST." AN ESTIMATE OF THE TOTAL COST OF ACQUISITION,
 OPERATION, MAINTENANCE, AND CONSTRUCTION OF ANY ENERGY SYSTEM WITHIN  OR
 RELATED  TO A BUILDING OVER THE DESIGN LIFE OF THE BUILDING. "LIFE-CYCLE
 COST" INCLUDES, BUT IS NOT LIMITED TO,  THE  COST  OF  FUEL,  MATERIALS,
 MACHINERY, ANCILLARY DEVICES, LABOR, SERVICE, REPLACEMENT, AND REPAIRS.
   §  4.  Paragraph  (b)  of  subdivision  1  and subdivisions 2 and 3 of
 section 11-103 of the energy law, paragraph  (b)  of  subdivision  1  as
 added  and  subdivision  2 as amended by chapter 560 of the laws of 2010
 and subdivision 3 as amended by chapter 292 of the  laws  of  1998,  are
 amended to read as follows:
   (b)  The code shall apply to the construction of any new building. The
 code shall also apply to an addition to, and alteration of, any existing
 building or building system; provided, however, that the code shall  not
 be interpreted to require any unaltered portion of the existing building
 or building system to comply with the code. The code shall [not apply to
 the  following  provided  that  the  energy  use  of the building is not
 increased:
   (1) storm windows installed over existing fenestration;
   (2) glass only replacements in an existing sash and frame;
   (3)  existing  ceiling,  wall  or  floor   cavities   exposed   during
 construction provided that these cavities are filled with insulation;
   (4)  construction where the existing roof, wall or floor cavity is not
 exposed;
   (5) reroofing for roofs where neither the sheathing nor the insulation
 is exposed; roofs without insulation in the cavity and where the sheath-
 ing or insulation is exposed during reroofing shall be insulated  either
 above or below the sheathing;
   (6) replacement of existing doors that separate conditioned space from
 the  exterior  shall  not  require  the  installation  of a vestibule or
 revolving door, provided, however, that an existing vestibule that sepa-
 rates such conditioned space from the exterior shall not be removed;
   (7) alterations that replace less than fifty percent of the luminaires
 in a space, provided that such alterations do not increase the installed
 interior lighting power;
   (8) alterations that replace only the  bulb  and  ballast  within  the
 existing  luminaires  in  a  space provided that the alteration does not
 increase the installed interior lighting power; and
   (9) any other exception] BE SUBJECT TO SUCH OTHER EXCEPTIONS AS MAY BE
 adopted by the state fire prevention and building code council  provided
 that  such  [exception will] EXCEPTIONS SHALL not prevent the attainment
 of the compliance goals set forth in section 410(2)(c) of  the  American
 Recovery and Reinvestment Act of 2009.
   2.  (A) The state fire prevention and building code council is author-
 ized, from time to time as it deems appropriate and consistent with  the
 purposes  of  this article, to review and amend the code, or adopt a new
 code, through rules and regulations provided that the code remains  cost
 A. 10439                            3

 effective  with respect to building construction in the state. In deter-
 mining whether the code remains cost effective, the code  council  shall
 consider  [whether  the cost of materials and their installation to meet
 its standards would be equal to or less than the present value of energy
 savings that could be expected over a ten year period in the building in
 which such materials are installed] (I) WHETHER THE LIFE-CYCLE COSTS FOR
 A  BUILDING  WILL  BE RECOVERED THROUGH SAVINGS IN ENERGY COSTS OVER THE
 DESIGN LIFE OF THE BUILDING UNDER A LIFE-CYCLE COST  ANALYSIS  PERFORMED
 UNDER  METHODOLOGY  AS ESTABLISHED BY THE NEW YORK STATE ENERGY RESEARCH
 AND DEVELOPMENT AUTHORITY IN REGULATIONS WHICH MAY BE UPDATED FROM  TIME
 TO  TIME,  AND (II) SECONDARY OR SOCIETAL EFFECTS, SUCH AS REDUCTIONS IN
 GREENHOUSE GAS EMISSIONS, AS DEFINED IN REGULATIONS. BEFORE  PUBLICATION
 OF  A  NOTICE  OF  PROPOSED  RULE MAKING ESTABLISHING THE METHODOLOGY OR
 DEFINING SECONDARY OR SOCIETAL EFFECTS, THE PRESIDENT OF  THE  AUTHORITY
 SHALL  CONDUCT  PUBLIC  MEETINGS TO PROVIDE MEANINGFUL OPPORTUNITIES FOR
 PUBLIC COMMENT FROM  ALL  SEGMENTS  OF  THE  POPULATION  THAT  WOULD  BE
 IMPACTED  BY  THE REGULATIONS, INCLUDING PERSONS LIVING IN DISADVANTAGED
 COMMUNITIES AS IDENTIFIED BY THE CLIMATE JUSTICE  WORKING  GROUP  ESTAB-
 LISHED UNDER SECTION 75-0111 OF THE ENVIRONMENTAL CONSERVATION LAW.  For
 residential  buildings,  the  code  shall  meet  or exceed the then most
 recently published International Energy Conservation  Code,  or  achieve
 equivalent  or greater energy savings; and for commercial buildings, the
 code shall meet or  exceed  THE  THEN  MOST  RECENTLY  PUBLISHED  ASHRAE
 [90.1-2007] 90.1, or achieve equivalent or greater energy savings.
   (B) WHEN ADOPTING THE FIRST AMENDED VERSION OF THE CODE NEXT FOLLOWING
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-TWO
 THAT  ADDED  THIS  PARAGRAPH  AND  ANY  SUBSEQUENT CODES, THE STATE FIRE
 PREVENTION AND BUILDING CODE COUNCIL SHALL USE ITS BEST EFFORTS TO ADOPT
 PROVISIONS FOR RESIDENTIAL BUILDINGS THAT ACHIEVE ENERGY SAVINGS GREATER
 THAN ENERGY SAVINGS ACHIEVED BY THE THEN MOST RECENTLY PUBLISHED  INTER-
 NATIONAL ENERGY CONSERVATION CODE AND TO ADOPT PROVISIONS FOR COMMERCIAL
 BUILDINGS  THAT  ACHIEVE  ENERGY  SAVINGS  GREATER  THAN  ENERGY SAVINGS
 ACHIEVED BY THE THEN MOST RECENTLY PUBLISHED ASHRAE 90.1, BOTH AT LEVELS
 RECOMMENDED BY THE  NEW  YORK  STATE  ENERGY  RESEARCH  AND  DEVELOPMENT
 AUTHORITY,  PROVIDED  THAT  THE  STATE FIRE PREVENTION AND BUILDING CODE
 COUNCIL DETERMINES THAT SUCH ADVANCED ENERGY  SAVINGS  CAN  BE  ACHIEVED
 WHILE  STILL  MEETING THE COST EFFECTIVENESS CONSIDERATIONS CONTEMPLATED
 BY THIS SUBDIVISION.
   3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
 prevention  and  building  code  council  in accordance with the mandate
 under this article shall have exclusive authority among  state  agencies
 to  promulgate  a  construction  code  incorporating energy conservation
 features AND CLEAN ENERGY FEATURES APPLICABLE TO THE CONSTRUCTION OF ANY
 BUILDING, INCLUDING BUT NOT LIMITED TO GREENHOUSE GAS  REDUCTION.    Any
 other  code, rule or regulation heretofore promulgated or enacted by any
 other state agency, incorporating specific energy conservation AND CLEAN
 ENERGY requirements applicable to  the  construction  of  any  building,
 shall  be  superseded  by the code promulgated pursuant to this section.
 NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL  BE  DEEMED
 TO  EXPAND  THE POWERS OF THE COUNCIL TO INCLUDE MATTERS THAT ARE EXCLU-
 SIVELY WITHIN THE STATUTORY JURISDICTION OF THE PUBLIC  SERVICE  COMMIS-
 SION, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE OFFICE OF RENEW-
 ABLE ENERGY SITING OR ANOTHER STATE ENTITY.
   §  5. Subdivision 5 of section 11-104 of the energy law, as amended by
 chapter 560 of the laws of 2010, is amended and a new subdivision  6  is
 added to read as follows:
 A. 10439                            4
 
   5. The [code shall exempt from such uniform standards and requirements
 any  historic  building  as  defined  in section 11-102 of this article]
 STATE FIRE PREVENTION AND BUILDING CODE COUNCIL,  IN  CONSULTATION  WITH
 THE  COMMISSIONER  OF  THE  DEPARTMENT OF PARKS, RECREATION AND HISTORIC
 PRESERVATION,  IS  AUTHORIZED TO ADOPT EXEMPTIONS TO SUCH UNIFORM STAND-
 ARDS AND REQUIREMENTS FOR  HISTORIC  BUILDINGS  AS  DEFINED  IN  SECTION
 11-102  OF  THIS  ARTICLE,  TO THE EXTENT THAT THE UNIFORM STANDARDS AND
 REQUIREMENTS WOULD THREATEN, DEGRADE,  OR  DESTROY  THE  HISTORIC  FORM,
 FABRIC, OR FUNCTION OF SUCH HISTORIC BUILDINGS.
   6.  TO  THE FULLEST EXTENT FEASIBLE, THE STANDARDS FOR CONSTRUCTION OF
 BUILDINGS IN THE CODE SHALL BE DESIGNED  TO  HELP  ACHIEVE  THE  STATE'S
 CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED TO GREENHOUSE
 GAS  REDUCTION,  SET FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF
 TWO THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE CLIMATE  LEADER-
 SHIP  AND COMMUNITY PROTECTION ACT, AND AS FURTHER IDENTIFIED BY THE NEW
 YORK STATE  CLIMATE  ACTION  COUNCIL  ESTABLISHED  PURSUANT  TO  SECTION
 75-0103 OF THE ENVIRONMENTAL CONSERVATION LAW.
   §  6. The article heading of article 16 of the energy law, as added by
 chapter 431 of the laws of 2005, is amended to read as follows:
           APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
   § 6-a. Section 16-102 of the energy law is amended  by  adding  a  new
 subdivision 1-a to read as follows:
   1-A.  "PRODUCT"  MEANS  ANY APPLIANCE OR EQUIPMENT, OTHER THAN A MOTOR
 VEHICLE, WHICH IN OPERATION CONSUMES OR IS DESIGNED TO CONSUME ENERGY OR
 TO RESULT IN THE CONSUMPTION  OF  ENERGY,  INCLUDING  ANY  WATER-RELATED
 APPLIANCE, EQUIPMENT OR FIXTURE THAT IS DESIGNED TO CONSUME OR RESULT IN
 THE CONSUMPTION OF ENERGY IN ITS OPERATION OR USE.
   §  7. Subdivision 4-a of section 16-102 of the energy law, as added by
 chapter 222 of the laws of 2010, is amended to read as follows:
   4-a. ["Bottle-type water dispenser" means a water dispenser that  uses
 a  bottle  or  reservoir  as the source of potable water.] THE FOLLOWING
 DEFINITIONS REFER TO WATER COOLERS:
   (A) "BOTTLE-TYPE" MEANS A WATER DISPENSER THAT USES A BOTTLE OR RESER-
 VOIR AS THE SOURCE OF POTABLE WATER.
   (B) "WATER COOLER" MEANS A FREESTANDING DEVICE THAT CONSUMES ENERGY TO
 COOL AND/OR HEAT POTABLE WATER.
   (C) "COLD ONLY UNITS" MEANS UNITS THAT DISPENSE COLD WATER ONLY.
   (D) "HOT AND COLD UNITS" MEANS UNITS THAT DISPENSE BOTH HOT  AND  COLD
 WATER. SOME UNITS MAY ALSO OFFER ROOM-TEMPERATURE WATER.
   (E)  "COOK  AND  COLD  UNITS"  MEANS UNITS THAT DISPENSE BOTH COLD AND
 ROOM-TEMPERATURE WATER.
   (F) "POINT OF USE (POU)" MEANS THE WATER  COOLER  IS  CONNECTED  TO  A
 PRESSURIZED WATER SOURCE.
   (G) "CONVERSION-TYPE" MEANS A UNIT THAT SHIPS AS EITHER BOTTLE-TYPE OR
 POU  AND  INCLUDES A CONVERSION KIT INTENDED TO CONVERT THE WATER COOLER
 FROM A BOTTLE-TYPE UNIT TO A POU UNIT OR TO CONVERT  A  POU  UNIT  TO  A
 BOTTLE-TYPE UNIT.
   (H)  "STORAGE-TYPE"  MEANS  THERMALLY CONDITIONED WATER IS STORED IN A
 TANK IN THE WATER COOLER AND IS AVAILABLE INSTANTANEOUSLY.
   (I) "ON DEMAND" MEANS THE WATER COOLER HEATS WATER AS IT IS REQUESTED,
 WHICH TYPICALLY TAKES A FEW MINUTES TO DELIVER.
   § 8. Subdivision 11 of section 16-102 of the energy law, as  added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
   11.  "Consumer  audio and video product" means [televisions,] A MAINS-
 CONNECTED PRODUCT THAT AMPLIFIES  AUDIO,  OFFERS  OPTICAL,  OFFERS  DISC
 PLAYER  FUNCTIONALITY,  AND/OR  RECEIVES  AND  PLAYS  AUDIO AND/OR VIDEO
 A. 10439                            5
 
 CONTENT. EXAMPLES OF CONSUMER AUDIO AND VIDEO PRODUCTS  INCLUDE  compact
 audio  products,  digital versatile disc players, digital versatile disc
 recorders, [and] digital television adapters AND STREAMING  MEDIA  PLAY-
 ERS.    TELEVISIONS  ARE  SPECIFICALLY  EXCLUDED FROM CONSUMER AUDIO AND
 VIDEO PRODUCTS.
   § 9. Subdivision 18 of section 16-102 of the energy law, as  added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
   18.  ["Energy efficiency performance standards"] "EFFICIENCY STANDARD"
 means [performance standards which prescribe a minimum level  of  energy
 efficiency  determined  in accordance with test procedures prescribed by
 the secretary in  consultation  with  the  president]  A  STANDARD  THAT
 DEFINES  PERFORMANCE METRICS AND/OR DEFINES PRESCRIPTIVE DESIGN REQUIRE-
 MENTS ASSOCIATED WITH THE REGULATED CATEGORY  OF  PRODUCT  IN  ORDER  TO
 REDUCE  ENERGY  CONSUMPTION, REDUCE WATER CONSUMPTION, AND REDUCE GREEN-
 HOUSE GAS EMISSIONS ASSOCIATED WITH ENERGY CONSUMPTION  AND/OR  INCREASE
 DEMAND FLEXIBILITY.
   §  10. Subdivisions 27-a and 27-b of section 16-102 of the energy law,
 as added by chapter 222 of the laws of 2010,  are  amended  to  read  as
 follows:
   27-a.  "Portable  electric  spa" means a factory-built electric spa or
 hot tub, [supplied with equipment for  heating  and  circulating  water]
 WHICH MAY OR MAY NOT INCLUDE ANY COMBINATION OF INTEGRAL CONTROLS, WATER
 HEATING OR WATER CIRCULATING EQUIPMENT.
   27-b. "Portable light fixture" means a light fixture which has a flex-
 ible cord and an attachment plug for connection to a nominal one hundred
 twenty-volt,  fifteen-  or  twenty-ampere  branch  circuit; which can be
 relocated by the user without any rewiring;  [and]  which  is  typically
 controlled  with  a switch located on the light fixture itself or on the
 power cord; AND WHICH ARE  INTENDED  FOR  USE  IN  ACCORDANCE  WITH  THE
 NATIONAL  ELECTRICAL  CODE, ANSI/NFPA 70-2002.  "Portable light fixture"
 does not include direct plug-in nightlights; sun and heat lamps; aquari-
 um lamps; medical and dental lights; portable electric hand lamps; signs
 and commercial  advertising  displays;  photographic  lamps;  germicidal
 lamps; [metal halide lamp fixtures; torchiere lighting fixtures] ILLUMI-
 NATED  VANITY  MIRRORS; LAVA LAMPS NOT PROVIDING GENERAL OR TASK ILLUMI-
 NATION; INDUSTRIAL WORK LIGHTS RATED  FOR  USE  WITH  A  LAMP  PROVIDING
 GREATER  THAN  SEVEN  THOUSAND LUMENS; portable lamp fixtures for marine
 use or for use in hazardous locations as defined in the  national  elec-
 trical  code,  ANSI/NFPA  70; or decorative lighting outfits or electric
 candles and candelabras without lampshades that are covered by the stan-
 dard for safety of seasonal and holiday decorative products, UL 588.
   § 11. Subdivision 29-a of section 16-102 of the energy law,  as  added
 by chapter 222 of the laws of 2010, is amended to read as follows:
   29-a.  "[Residential]  REPLACEMENT  DEDICATED-PURPOSE pool pump MOTOR"
 means [a product which is designed or used to circulate and filter resi-
 dential swimming pool water in order to maintain clarity and  sanitation
 and which consists in part of a motor and an impeller] AN ELECTRIC MOTOR
 THAT:
   (A) IS SINGLE-PHASE OR POLYPHASE;
   (B)  HAS  A DEDICATED PURPOSE POOL PUMP MOTOR TOTAL HORSEPOWER OF LESS
 THAN OR EQUAL TO FIVE HORSEPOWER;
   (C) IS MARKETED FOR USE AS A REPLACEMENT MOTOR  IN  SELF-PRIMING  POOL
 FILTER  PUMP,  NON-SELF-PRIMING  POOL  FILTER  PUMP  OR PRESSURE CLEANER
 BOOSTER PUMP APPLICATIONS; AND
 A. 10439                            6
 
   (D) EXCLUDES POLYPHASE REPLACEMENT DEDICATED-PURPOSE POOL PUMP  MOTORS
 CAPABLE  OF  OPERATING  WITHOUT A DRIVE, AND IS SOLD OR OFFERED FOR SALE
 WITHOUT A DRIVE THAT CONVERTS SINGLE-PHASE POWER TO POLYPHASE POWER.
   §  12. Subdivision 33 of section 16-102 of the energy law, as added by
 chapter 431 of the laws of 2005, is amended to read as follows:
   33. "Television (TV)" means [a commercially available electronic prod-
 uct consisting of a tuner/receiver and a monitor  encased  in  a  single
 housing,  which  is]  AN  ANALOG OR DIGITAL DEVICE PRIMARILY designed to
 receive and display [an analog or digital video television signal broad-
 cast by an antenna, satellite, cable, or broadband source]  TERRESTRIAL,
 SATELLITE,  CABLE,  INTERNET  PROTOCOL  TV (IPTV), OR OTHER BROADCAST OR
 RECORDED TRANSMISSIONS OF ANALOG OR DIGITAL VIDEO AND AUDIO SIGNALS. TVS
 INCLUDE COMBINATION TVS, TELEVISION MONITORS,  COMPONENT  TVS,  AND  ANY
 UNIT  THAT  IS  MARKETED TO THE CONSUMER AS A TV.  "Television" does not
 include [multifunction TVs which have VCR, DVD, DVR, or  EPG  functions]
 COMPUTER MONITORS.
   §  13.  Section  16-102 of the energy law is amended by adding thirty-
 eight new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
 42-a, 43, 43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52,  53,  54,  55,
 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:
   18-A.  "GREENHOUSE  GAS" MEANS "GREENHOUSE GAS" AS DEFINED IN SUBDIVI-
 SION SEVEN OF SECTION 75-0101 OF THE ENVIRONMENTAL CONSERVATION LAW.
   18-B. "DEMAND FLEXIBILITY" MEANS THE CAPABILITY TO SCHEDULE, SHIFT, OR
 CURTAIL THE  ELECTRICAL  DEMAND  OF  A  LOAD-SERVING  ENTITY'S  CUSTOMER
 THROUGH  DIRECT  ACTION  BY  THE  CUSTOMER  OR THROUGH ACTION BY A THIRD
 PARTY, THE LOAD-SERVING ENTITY, OR A GRID BALANCING AUTHORITY, WITH  THE
 CUSTOMER'S CONSENT.
   21-C.  "DUV"  MEANS  A METRIC THAT QUANTIFIES THE DISTANCE BETWEEN THE
 CHROMATICITY OF A GIVEN LIGHT SOURCE AND A BLACKBODY RADIATOR  OF  EQUAL
 CORRELATED  COLOR  TEMPERATURE  (CCT)  ON  A  CIE  1976 (U, V) CHROMATIC
 DIAGRAM DEMONSTRATING HOW DIFFERENT TWO LIGHT SOURCES OF THE SAME  COLOR
 TEMPERATURE  APPEAR.
   21-D.  "LIGHT  EMITTING  DIODE  (LED)  LAMP"  MEANS  A LAMP CAPABLE OF
 PRODUCING LIGHT WITH DUV BETWEEN -0.012 AND 0.012, AND THAT HAS AN  E12,
 E17,    E26,  OR  GU-24  BASE, INCLUDING LED LAMPS THAT ARE DESIGNED FOR
 RETROFIT WITHIN EXISTING RECESSED CAN HOUSINGS THAT CONTAIN ONE  OF  THE
 PRECEDING  BASES.  LED LAMP DOES NOT INCLUDE A LAMP WITH A BRIGHTNESS OF
 MORE THAN TWO THOUSAND SIX HUNDRED LUMENS OR A LAMP THAT CANNOT  PRODUCE
 LIGHT  WITH  A  CORRELATED  COLOR  TEMPERATURE  BETWEEN TWO THOUSAND TWO
 HUNDRED KELVIN AND SEVEN THOUSAND KELVIN.
   38. THE FOLLOWING DEFINITIONS REFER TO AIR COMPRESSORS:
   (A) "AIR COMPRESSOR" MEANS A COMPRESSOR DESIGNED TO COMPRESS AIR  THAT
 HAS  AN INLET OPEN TO THE ATMOSPHERE OR OTHER SOURCE OF AIR, AND IS MADE
 UP OF A COMPRESSION ELEMENT (BARE COMPRESSOR), DRIVER OR DRIVERS MECHAN-
 ICAL EQUIPMENT TO DRIVE THE COMPRESSOR ELEMENT, AND ANY ANCILLARY EQUIP-
 MENT.
   (B) "COMPRESSOR" MEANS A MACHINE OR APPARATUS THAT CONVERTS  DIFFERENT
 TYPES  OF ENERGY INTO THE POTENTIAL ENERGY OF GAS PRESSURE FOR DISPLACE-
 MENT AND COMPRESSION OF GASEOUS  MEDIA  TO  ANY  HIGHER-PRESSURE  VALUES
 ABOVE ATMOSPHERIC PRESSURE AND HAS A PRESSURE RATIO AT FULL-LOAD OPERAT-
 ING PRESSURE GREATER THAN 1.3.
   39. THE FOLLOWING DEFINITIONS REFER TO AIR PURIFIERS:
   (A)  "AIR  PURIFIER", ALSO KNOWN AS "ROOM AIR CLEANER", MEANS AN ELEC-
 TRIC, CORD-CONNECTED, PORTABLE APPLIANCE WITH THE  PRIMARY  FUNCTION  OF
 REMOVING  PARTICULATE  MATTER  FROM  THE AIR AND WHICH CAN BE MOVED FROM
 ROOM TO ROOM.
 A. 10439                            7
 
   (B) "INDUSTRIAL AIR PURIFIER" MEANS  AN  INDOOR  AIR  CLEANING  DEVICE
 MANUFACTURED,  ADVERTISED, MARKETED, LABELED, AND USED SOLELY FOR INDUS-
 TRIAL USE THAT ARE MARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS  OR
 BUSINESSES AND PROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE. POTEN-
 TIAL HEALTH HAZARD: EMITS OZONE."
   40.  "COMMERCIAL  DISHWASHER"  MEANS  A  MACHINE DESIGNED TO CLEAN AND
 SANITIZE PLATES, POTS, PANS, GLASSES, CUPS, BOWLS, UTENSILS,  AND  TRAYS
 BY APPLYING SPRAYS OF DETERGENT SOLUTION (WITH OR WITHOUT BLASTING MEDIA
 GRANULES)  AND  A  SANITIZING RINSE AND IS NOT A "COMPACT DISHWASHER" OR
 "STANDARD DISHWASHER" (CAPACITY LESS THAN EIGHT PLACE SETTINGS PLUS  SIX
 SERVING PIECES AS SPECIFIED IN ANSI/AHAM DW-1 USING THE TEST LOAD SPECI-
 FIED IN SECTION 2.7 OF APPENDIX C IN SUBPART B OF 10 CFR 430.2).
   41.  "COMMERCIAL  FRYER"  MEANS  AN APPLIANCE FOR NON-RESIDENTIAL USE,
 INCLUDING A COOKING VESSEL, IN WHICH OIL IS PLACED TO SUCH A DEPTH  THAT
 THE COOKING FOOD IS ESSENTIALLY SUPPORTED BY DISPLACEMENT OF THE COOKING
 FLUID  RATHER THAN BY THE BOTTOM OF THE VESSEL. HEAT IS DELIVERED TO THE
 COOKING FLUID BY MEANS OF AN IMMERSED ELECTRIC ELEMENT  OF  BAND-WRAPPED
 VESSEL  (ELECTRIC  FRYERS)  OR BY HEAT TRANSFER FROM GAS BURNERS THROUGH
 EITHER THE WALLS OF THE FRYER OR THROUGH TUBES PASSING THROUGH THE COOK-
 ING FLUID (GAS FRYERS).
   41-A. "COMMERCIAL OVEN" MEANS A CHAMBER DESIGNED FOR  HEATING,  ROAST-
 ING,  OR  BAKING FOOD BY CONDUCTION, CONVECTION, RADIATION, AND/OR ELEC-
 TROMAGNETIC ENERGY.
   42. "COMMERCIAL STEAM COOKER" ALSO  KNOWN  AS  "COMPARTMENT  STEAMER",
 MEANS  A  DEVICE  FOR NON-RESIDENTIAL USE WITH ONE OR MORE FOOD-STEAMING
 COMPARTMENTS IN WHICH THE ENERGY IN THE STEAM IS TRANSFERRED TO THE FOOD
 BY DIRECT CONTACT. MODELS MAY INCLUDE  COUNTERTOP  MODELS,  WALL-MOUNTED
 MODELS,  AND FLOOR MODELS MOUNTED ON A STAND, PEDESTAL, OR CABINET-STYLE
 BASE.
   42-A. "COMMERCIAL  HOT  FOOD  HOLDING  CABINET" MEANS A HEATED,  FULLY
 ENCLOSED COMPARTMENT, WITH ONE OR MORE SOLID  OR  PARTIAL  GLASS  DOORS,
 THAT  IS  DESIGNED TO MAINTAIN THE TEMPERATURE OF HOT FOOD THAT HAS BEEN
 COOKED IN A SEPARATE APPLIANCE. "COMMERCIAL HOT  FOOD  HOLDING  CABINET"
 DOES  NOT INCLUDE HEATED GLASS MERCHANDISING CABINETS, DRAWER WARMERS OR
 COOK-AND-HOLD APPLIANCES.
   43.  "COMPUTER"  MEANS  A  DEVICE THAT PERFORMS LOGICAL OPERATIONS AND
 PROCESSES DATA. A COMPUTER INCLUDES BOTH STATIONARY AND  PORTABLE  UNITS
 AND  INCLUDES  A  DESKTOP  COMPUTER,  A  PORTABLE ALL-IN-ONE, A NOTEBOOK
 COMPUTER, A MOBILE  GAMING  SYSTEM,  A  HIGH-EXPANDABILITY  COMPUTER,  A
 SMALL-SCALE SERVER, A THIN CLIENT, AND A WORKSTATION. ALTHOUGH A COMPUT-
 ER  IS CAPABLE OF USING INPUT DEVICES AND DISPLAYS, SUCH DEVICES ARE NOT
 REQUIRED TO BE INCLUDED WITH THE COMPUTER WHEN THE COMPUTER IS  SHIPPED.
 A  COMPUTER  IS COMPOSED OF, AT A MINIMUM, (A) A CENTRAL PROCESSING UNIT
 (CPU) TO PERFORM OPERATIONS OR, IF NO CPU IS PRESENT,  THEN  THE  DEVICE
 MUST  FUNCTION AS A CLIENT GATEWAY TO A SERVER, AND THE SERVER ACTS AS A
 COMPUTATIONAL CPU; (B) THE ABILITY TO SUPPORT USER INPUT DEVICES SUCH AS
 A KEYBOARD, MOUSE, OR TOUCH PAD; AND (C) AN INTEGRATED DISPLAY SCREEN OR
 THE ABILITY TO SUPPORT AN EXTERNAL DISPLAY SCREEN TO OUTPUT INFORMATION.
 THE TERM "COMPUTER" DOES NOT INCLUDE A TABLET, A GAME CONSOLE,  A  TELE-
 VISION,  A  DEVICE  WITH  AN  INTEGRATED  AND PRIMARY DISPLAY THAT HAS A
 SCREEN SIZE OF TWENTY SQUARE INCHES OR  LESS,  A  SERVER  OTHER  THAN  A
 SMALL-SCALE SERVER, OR AN INDUSTRIAL COMPUTER.
   43-A.  "COMPUTER  MONITOR"  MEANS  AN ANALOG OR DIGITAL DEVICE OF SIZE
 GREATER THAN OR EQUAL TO SEVENTEEN INCHES AND  LESS  THAN  OR  EQUAL  TO
 SIXTY-ONE INCHES, THAT HAS A PIXEL DENSITY OF GREATER THAN FIVE THOUSAND
 PIXELS  PER  SQUARE INCH, AND THAT IS DESIGNED PRIMARILY FOR THE DISPLAY
 A. 10439                            8
 
 OF COMPUTER-GENERATED SIGNALS FOR VIEWING BY ONE PERSON IN A  DESK-BASED
 ENVIRONMENT.  A  COMPUTER  MONITOR  IS  COMPOSED OF A DISPLAY SCREEN AND
 ASSOCIATED  ELECTRONICS.  A  COMPUTER  MONITOR  DOES  NOT  INCLUDE,  (A)
 DISPLAYS  WITH  INTEGRATED  OR REPLACEABLE BATTERIES DESIGNED TO SUPPORT
 PRIMARY OPERATION WITHOUT AC MAINS OR EXTERNAL DC POWER (E.G. ELECTRONIC
 READERS,  MOBILE  PHONES,  PORTABLE  TABLETS,  BATTERY-POWERED   DIGITAL
 PICTURE FRAMES); OR (B) A TELEVISION OR SIGNAGE DISPLAY.
   44. "GENERAL SERVICE LAMP" SHALL INCLUDE THE FOLLOWING DEFINITIONS:
   (A)  "COMPACT FLUORESCENT LAMP (CFL)" MEANS AN INTEGRATED OR NON-INTE-
 GRATED SINGLE-BASE, LOW-PRESSURE MERCURY, ELECTRIC-DISCHARGE  SOURCE  IN
 WHICH  A  FLUORESCING  COATING TRANSFORMS SOME OF THE ULTRAVIOLET ENERGY
 GENERATED BY THE MERCURY DISCHARGE  INTO  LIGHT;  THIS  TERM  SHALL  NOT
 INCLUDE CIRCLINE OR U-SHAPED LAMPS.
   (B)  "GENERAL SERVICE INCANDESCENT LAMP" MEANS A STANDARD INCANDESCENT
 OR HALOGEN TYPE LAMP THAT IS INTENDED FOR GENERAL SERVICE  APPLICATIONS,
 HAS  A  MEDIUM  SCREW  BASE,  HAS  A  LUMEN RANGE OF NOT LESS THAN THREE
 HUNDRED TEN LUMENS AND NOT MORE THAN TWO THOUSAND SIX HUNDRED LUMENS, OR
 IN THE CASE OF A MODIFIED SPECTRUM LAMP, NOT LESS THAN TWO HUNDRED THIR-
 TY-TWO LUMENS AND NOT MORE THAN ONE THOUSAND NINE HUNDRED FIFTY  LUMENS,
 AND  IS  CAPABLE OF BEING OPERATED AT A VOLTAGE RANGE AT LEAST PARTIALLY
 WITHIN ONE HUNDRED TEN AND ONE HUNDRED THIRTY VOLTS; PROVIDED,  HOWEVER,
 THAT  THIS  DEFINITION  SHALL  NOT  APPLY  TO THE FOLLOWING INCANDESCENT
 LAMPS:
   (I) APPLIANCE LAMPS;
   (II) BLACK LIGHT LAMPS;
   (III) BUG LAMPS;
   (IV) COLORED LAMPS;
   (V) G SHAPE LAMPS (AS DEFINED IN ANSI C78.20 AND  C79.1-2002)  WITH  A
 DIAMETER OF FIVE INCHES OR MORE;
   (VI) INFRARED LAMPS;
   (VII) LEFT-HAND THREAD LAMPS;
   (VIII) MARINE LAMPS;
   (IX) MARINE SIGNAL SERVICE LAMPS;
   (X) MINE SERVICE LAMPS;
   (XI) PLANT LIGHT LAMPS;
   (XII) REFLECTOR LAMPS;
   (XIII) SIGN SERVICE LAMPS;
   (XIV) SILVER BOWL LAMPS;
   (XV) SHOWCASE LAMPS;
   (XVI) ROUGH SERVICE LAMPS;
   (XVII)  SHATTER-RESISTANT  LAMPS  (INCLUDING  SHATTER-PROOF  LAMPS AND
 SHATTER-PROTECTED LAMPS);
   (XVIII) 3-WAY INCANDESCENT LAMPS;
   (XIX) VIBRATION SERVICE LAMPS;
   (XX) AB, BA, CA, F, G16-1/2, G-25, G30, S, OR M-14 LAMPS  (AS  DEFINED
 IN ANSI C79.1-2002 AND ANSI C78.20) OF FORTY WATTS OR LESS;
   (XXI)  T  SHAPE  LAMPS (AS DEFINED IN ANSI C78.20 AND ANSI C79.1-2002)
 AND THAT USES NOT MORE THAN FORTY WATTS OR HAS A LENGTH OF MORE THAN TEN
 INCHES; AND
   (XXII) TRAFFIC SIGNAL LAMPS.
   (C) "GENERAL SERVICE LAMP" MEANS A LAMP THAT HAS AN ANSI BASE, IS ABLE
 TO OPERATE AT A VOLTAGE OF TWELVE VOLTS  OR  TWENTY-FOUR  VOLTS,  AT  OR
 BETWEEN  ONE  HUNDRED  TO  ONE  HUNDRED  THIRTY VOLTS, AT OR BETWEEN TWO
 HUNDRED TWENTY TO TWO HUNDRED FORTY VOLTS, OR OF  TWO  HUNDRED  SEVENTY-
 SEVEN  VOLTS  FOR INTEGRATED LAMPS, OR IS ABLE TO OPERATE AT ANY VOLTAGE
 FOR NON-INTEGRATED LAMPS, HAS AN INITIAL LUMEN OUTPUT OF GREATER THAN OR
 A. 10439                            9
 
 EQUAL TO THREE HUNDRED TEN LUMENS (OR TWO HUNDRED THIRTY-TWO LUMENS  FOR
 MODIFIED  SPECTRUM  GENERAL SERVICE INCANDESCENT LAMPS) AND LESS THAN OR
 EQUAL TO THREE THOUSAND THREE HUNDRED LUMENS, IS NOT A LIGHT FIXTURE, IS
 NOT  AN  LED  DOWNLIGHT  RETROFIT  KIT,  AND IS USED IN GENERAL LIGHTING
 APPLICATIONS.  GENERAL SERVICE LAMPS SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO,  GENERAL  SERVICE  INCANDESCENT LAMPS, INCANDESCENT REFLECTOR LAMPS,
 COMPACT FLUORESCENT LAMPS, GENERAL SERVICE LIGHT EMITTING  DIODE  LAMPS,
 AND GENERAL SERVICE ORGANIC LIGHT EMITTING DIODE LAMPS.  GENERAL SERVICE
 LAMPS SHALL NOT INCLUDE:
   (I) APPLIANCE LAMPS;
   (II) BLACK LIGHT LAMPS;
   (III) BUG LAMPS;
   (IV) COLORED LAMPS;
   (V) G SHAPE LAMPS WITH A DIAMETER OF FIVE INCHES OR MORE AS DEFINED IN
 ANSI C79.1-2002;
   (VI) GENERAL SERVICE FLUORESCENT LAMPS;
   (VII) HIGH INTENSITY DISCHARGE LAMPS;
   (VIII) INFRARED LAMPS;
   (IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, AND JT SHAPE LAMPS THAT DO NOT
 HAVE EDISON SCREW BASES;
   (X) LAMPS THAT HAVE A WEDGE BASE OR PREFOCUS BASE;
   (XI) LEFT-HAND THREAD LAMPS;
   (XII) MARINE LAMPS;
   (XIII) MARINE SIGNAL SERVICE LAMPS;
   (XIV) MINE SERVICE LAMPS;
   (XV)  MR  SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL EQUAL TO SIXTEEN
 (DIAMETER EQUAL TO TWO INCHES) AS DEFINED IN ANSI C79.1-2002, OPERATE AT
 TWELVE VOLTS AND HAVE A LUMEN OUTPUT GREATER THAN OR EQUAL TO 800;
   (XVI) OTHER FLUORESCENT LAMPS;
   (XVII) PLANT LIGHT LAMPS;
   (XVIII) R20 SHORT LAMPS;
   (XIX) REFLECTOR LAMPS THAT  HAVE  A  FIRST  NUMBER  SYMBOL  LESS  THAN
 SIXTEEN  (DIAMETER  LESS  THAN TWO INCHES) AS DEFINED IN ANSI C79.1-2002
 AND THAT DO  NOT  HAVE  E26/E24,  E26D,  E26/50X39,  E26/53X39,  E29/28,
 E29/53X39, E39, E39D, EP39, OR EX39 BASES;
   (XX)  S  SHAPE  OR  G SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS
 THAN OR EQUAL TO 12.5 (DIAMETER LESS THAN OR EQUAL TO 1.5625 INCHES)  AS
 DEFINED IN ANSI C79.1-2002;
   (XXI) SIGN SERVICE LAMPS;
   (XXII) SILVER BOWL LAMPS;
   (XXIII) SHOWCASE LAMPS;
   (XXIV) SPECIALTY MR LAMPS;
   (XXV) T SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS THAN OR EQUAL
 TO  8  (DIAMETER  LESS  THAN  OR  EQUAL  TO ONE INCH) AS DEFINED IN ANSI
 C79.1-2002, NOMINAL OVERALL LENGTH LESS THAN TWELVE INCHES, AND THAT ARE
 NOT COMPACT FLUORESCENT LAMPS; AND
   (XXVI) TRAFFIC SIGNAL LAMPS.
   (D) "GENERAL SERVICE LIGHT-EMITTING DIODE (LED) LAMP" MEANS  AN  INTE-
 GRATED  OR  NON-INTEGRATED LED LAMP DESIGNED FOR USE IN GENERAL LIGHTING
 APPLICATIONS AND THAT USES LIGHT-EMITTING DIODES AS THE  PRIMARY  SOURCE
 OF LIGHT.
   (E) "GENERAL SERVICE ORGANIC LIGHT-EMITTING DIODE (OLED) LAMP" MEANS A
 THIN-FILM  LIGHT-EMITTING  DEVICE THAT TYPICALLY CONSISTS OF A SERIES OF
 ORGANIC LAYERS BETWEEN TWO ELECTRICAL CONTACTS (ELECTRODES).
   (F) "INCANDESCENT REFLECTOR LAMP" OR "REFLECTOR LAMP" MEANS  ANY  LAMP
 IN  WHICH  LIGHT IS PRODUCED BY A FILAMENT HEATED TO INCANDESCENCE BY AN
 A. 10439                           10
 
 ELECTRIC CURRENT, WHICH: CONTAINS AN INNER  REFLECTIVE  COATING  ON  THE
 OUTER  BULB  TO  DIRECT  THE  LIGHT; IS NOT COLORED; IS NOT DESIGNED FOR
 ROUGH OR VIBRATION SERVICE APPLICATIONS; IS NOT AN R20 SHORT  LAMP;  HAS
 AN R, PAR, ER, BR, BPAR, OR SIMILAR BULB SHAPES WITH AN E26 MEDIUM SCREW
 BASE;  HAS A RATED VOLTAGE OR VOLTAGE RANGE THAT LIES AT LEAST PARTIALLY
 IN THE RANGE OF ONE HUNDRED FIFTEEN AND ONE HUNDRED THIRTY VOLTS; HAS  A
 DIAMETER THAT EXCEEDS 2.25 INCHES; AND HAS A RATED WATTAGE THAT IS FORTY
 WATTS OR HIGHER.
   45.  "FEDERALLY  EXEMPT  FLUORESCENT  LAMP"  MEANS  ANY  LINEAR  LAMPS
 EXCLUDED FROM THE DEFINITION OF GENERAL SERVICE FLUORESCENT LAMPS IN  10
 CFR 430.32(N). FEDERALLY EXEMPT FLUORESCENT LAMPS INCLUDE HIGH-CRI LINE-
 AR  FLUORESCENT  LAMPS, IMPACT-RESISTANT LINEAR FLUORESCENT LAMPS, COLD-
 TEMPERATURE LINEAR FLUORESCENT LAMPS, AND  LESS  THAN  FOUR-FOOT  LINEAR
 FLUORESCENT LAMPS.
   46. THE FOLLOWING DEFINITIONS REFER TO PORTABLE AIR CONDITIONERS:
   (A)  "PORTABLE  AIR  CONDITIONER"  MEANS  A PORTABLE ENCASED ASSEMBLY,
 OTHER THAN A PACKAGED TERMINAL AIR CONDITIONER, ROOM AIR CONDITIONER, OR
 DEHUMIDIFIER, THAT DELIVERS  COOLED,  CONDITIONED  AIR  TO  AN  ENCLOSED
 SPACE,  AND  IS  POWERED BY SINGLE-PHASE ELECTRIC CURRENT. SUCH PORTABLE
 AIR CONDITIONER INCLUDES A SOURCE OF REFRIGERATION AND MAY INCLUDE ADDI-
 TIONAL MEANS FOR AIR CIRCULATION AND HEATING AND MAY BE A SINGLE-DUCT OR
 A DUAL-DUCT PORTABLE AIR CONDITIONER.
   (B) "SINGLE-DUCT PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
 TIONER THAT DRAWS ALL OF THE CONDENSER INLET AIR  FROM  THE  CONDITIONED
 SPACE  WITHOUT  THE  MEANS OF A DUCT AND DISCHARGES THE CONDENSER OUTLET
 AIR OUTSIDE THE CONDITIONED SPACE THROUGH A SINGLE-DUCT ATTACHED  TO  AN
 ADJUSTABLE WINDOW BRACKET.
   (C)  "DUAL-DUCT  PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
 TIONER THAT DRAWS SOME OR ALL OF THE CONDENSER INLET  AIR  FROM  OUTSIDE
 THE  CONDITIONED  SPACE  THROUGH A DUCT ATTACHED TO AN ADJUSTABLE WINDOW
 BRACKET, MAY DRAW ADDITIONAL CONDENSER INLET AIR  FROM  THE  CONDITIONED
 SPACE,  AND  DISCHARGES THE CONDENSER OUTLET AIR OUTSIDE THE CONDITIONED
 SPACE BY MEANS OF A SEPARATE  DUCT  ATTACHED  TO  AN  ADJUSTABLE  WINDOW
 BRACKET.
   46-A.  "RESIDENTIAL  VENTILATING  FAN" MEANS A FAN WITH THE PURPOSE TO
 ACTIVELY SUPPLY AIR TO OR REMOVE AIR FROM THE  INSIDE  OF  A  RESIDENCE.
 THIS  INCLUDES CEILING AND WALL-MOUNTED FANS OR REMOTELY MOUNTED IN-LINE
 FANS DESIGNED TO BE USED IN A BATHROOM  OR  UTILITY  ROOM,  SUPPLY  FANS
 DESIGNED  TO PROVIDE AIR TO INDOOR SPACE AND KITCHEN RANGE HOODS. SUPPLY
 FANS MAY ALSO BE DESIGNED TO FILTER INCOMING AIR.
   47. "TELEPHONE" MEANS AN ELECTRONIC PRODUCT WHOSE PRIMARY  PURPOSE  IS
 TO  TRANSMIT  AND  RECEIVE  SOUND  OVER A DISTANCE USING A VOICE OR DATA
 NETWORK.
   48. THE FOLLOWING DEFINITIONS REFER TO FAUCETS AND SHOWERHEADS:
   (A) "FAUCET" MEANS A LAVATORY FAUCET, KITCHEN FAUCET, METERING FAUCET,
 PUBLIC LAVATORY FAUCET, OR REPLACEMENT AERATOR FOR  A  LAVATORY,  PUBLIC
 LAVATORY OR KITCHEN FAUCET.
   (B)  "PUBLIC LAVATORY FAUCET" MEANS A FITTING INTENDED TO BE INSTALLED
 IN NONRESIDENTIAL BATHROOMS THAT ARE EXPOSED TO WALK-IN TRAFFIC.
   (C) "METERING FAUCET" MEANS A FAUCET THAT, WHEN TURNED ON, WILL GRADU-
 ALLY SHUT ITSELF OFF OVER A PERIOD OF SEVERAL SECONDS.
   (D) "REPLACEMENT AERATOR" MEANS AN  AERATOR  SOLD  AS  A  REPLACEMENT,
 SEPARATE FROM THE FAUCET TO WHICH IT IS INTENDED TO BE ATTACHED.
   (E)  "SHOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS DISCHARGED FOR
 A SHOWER BATH AND INCLUDES A HAND-HELD SHOWERHEAD BUT DOES NOT INCLUDE A
 SAFETY SHOWER SHOWERHEAD.
 A. 10439                           11
 
   (F) "HAND-HELD SHOWERHEAD" MEANS A SHOWERHEAD  THAT  CAN  BE  HELD  OR
 FIXED  IN PLACE FOR THE PURPOSE OF SPRAYING WATER ONTO A BATHER AND THAT
 IS CONNECTED TO A FLEXIBLE HOSE.
   49. THE FOLLOWING DEFINITIONS REFER TO URINALS AND WATER CLOSETS:
   (A) "PLUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE, WHICH CONNECTS TO
 A PLUMBING SYSTEM TO DELIVER AND DRAIN AWAY WATER AND WASTE.
   (B)  "URINAL"  MEANS A PLUMBING FIXTURE THAT RECEIVES ONLY LIQUID BODY
 WASTE AND, CONVEYS THE WASTE THROUGH A TRAP INTO A DRAINAGE SYSTEM.
   (C) "WATER CLOSET" MEANS A PLUMBING FIXTURE HAVING A  WATER-CONTAINING
 RECEPTOR  THAT  RECEIVES  LIQUID AND SOLID BODY WASTE THROUGH AN EXPOSED
 INTEGRAL TRAP INTO A DRAINAGE SYSTEM.
   (D) "DUAL-FLUSH EFFECTIVE FLUSH VOLUME" MEANS THE AVERAGE FLUSH VOLUME
 OF TWO REDUCED FLUSHES AND ONE FULL FLUSH.
   (E) "DUAL-FLUSH WATER CLOSET" MEANS A  WATER  CLOSET  INCORPORATING  A
 FEATURE  THAT  ALLOWS  THE  USER TO FLUSH THE WATER CLOSET WITH EITHER A
 REDUCED OR A FULL VOLUME OF WATER.
   (F) "TROUGH-TYPE URINAL" MEANS A URINAL DESIGNED FOR SIMULTANEOUS  USE
 BY TWO OR MORE PERSONS.
   50. THE FOLLOWING DEFINITIONS REFER TO SPRAY SPRINKLER BODIES:
   (A)  "PRESSURE REGULATOR" MEANS A DEVICE THAT MAINTAINS CONSTANT OPER-
 ATING PRESSURE IMMEDIATELY DOWNSTREAM  FROM  THE  DEVICE,  GIVEN  HIGHER
 PRESSURE UPSTREAM.
   (B)  "SPRAY  SPRINKLER  BODY"  MEANS  THE  EXTERIOR CASE OR SHELL OF A
 SPRINKLER INCORPORATING A MEANS  OF  CONNECTION  TO  THE  PIPING  SYSTEM
 DESIGNED TO CONVEY WATER TO A NOZZLE OR ORIFICE.
   51.  "UNINTERRUPTABLE POWER SUPPLY" MEANS A BATTERY CHARGER CONSISTING
 OF A COMBINATION OF CONVERTORS,  SWITCHES  AND  ENERGY  STORAGE  DEVICES
 (SUCH  AS BATTERIES), CONSTITUTING A POWER SYSTEM FOR MAINTAINING CONTI-
 NUITY OF LOAD POWER IN CASE OF INPUT POWER FAILURE.
   52. "COMMERCIAL BATTERY CHARGER SYSTEM (BCS)" OR "STATE-REGULATED BCS"
 MEANS A BATTERY CHARGER COUPLED WITH ITS BATTERIES OR  BATTERY  CHARGERS
 COUPLED  WITH  THEIR BATTERIES, WHICH TOGETHER ARE REFERRED TO AS STATE-
 REGULATED BATTERY CHARGER SYSTEMS. THIS  TERM  COVERS  ALL  RECHARGEABLE
 BATTERIES  OR DEVICES INCORPORATING A RECHARGEABLE BATTERY AND THE CHAR-
 GERS USED WITH THEM.   BATTERY CHARGER  SYSTEMS  INCLUDE,  BUT  ARE  NOT
 LIMITED TO:
   (A)  ELECTRONIC  DEVICES WITH A BATTERY THAT ARE NORMALLY CHARGED FROM
 AC LINE VOLTAGE OR DC INPUT VOLTAGE  THROUGH  AN  INTERNAL  OR  EXTERNAL
 POWER SUPPLY AND A DEDICATED BATTERY CHARGER;
   (B)  THE  BATTERY  AND  BATTERY CHARGER COMPONENTS OF DEVICES THAT ARE
 DESIGNED TO RUN ON BATTERY POWER DURING PART OR ALL OF THEIR OPERATIONS;
   (C) DEDICATED BATTERY SYSTEMS PRIMARILY  DESIGNED  FOR  ELECTRICAL  OR
 EMERGENCY BACKUP; AND
   (D)  DEVICES WHOSE PRIMARY FUNCTION IS TO CHARGE BATTERIES, ALONG WITH
 THE BATTERIES THEY ARE DESIGNED TO CHARGE. THESE UNITS INCLUDE  CHARGERS
 FOR  POWER TOOL BATTERIES AND CHARGERS FOR AUTOMOTIVE, AA, AAA, C, D, OR
 9V RECHARGEABLE BATTERIES, AS WELL AS CHARGERS  FOR  BATTERIES  USED  IN
 LARGER INDUSTRIAL MOTIVE EQUIPMENT AND A LA CARTE CHARGERS.
   THE  CHARGING  CIRCUITRY  OF BATTERY CHARGER SYSTEMS MAY OR MAY NOT BE
 LOCATED WITHIN THE HOUSING OF THE END-USE DEVICE ITSELF. IN MANY  CASES,
 THE  BATTERY  MAY BE CHARGED WITH A DEDICATED EXTERNAL CHARGER AND POWER
 SUPPLY COMBINATION THAT IS SEPARATE FROM THE DEVICE THAT RUNS  ON  POWER
 FROM THE BATTERY. STATE-REGULATED BATTERY CHARGER SYSTEMS DO NOT INCLUDE
 FEDERALLY REGULATED BATTERY CHARGERS THAT ARE COVERED UNDER STANDARDS IN
 10 C.F.R. SECTION 430.32(Z).
 A. 10439                           12
 
   53.  "GAS FIREPLACE" MEANS A DECORATIVE GAS FIREPLACE OR A HEATING GAS
 FIREPLACE.
   (A)  "DECORATIVE   GAS  FIREPLACE" MEANS A VENTED FIREPLACE, INCLUDING
 APPLIANCES THAT ARE FREESTANDING, RECESSED, ZERO  CLEARANCE, OR  A   GAS
 FIREPLACE  INSERT,  THAT  IS FUELED BY NATURAL GAS OR PROPANE, IS MARKED
 FOR  DECORATIVE USE ONLY, AND  IS  NOT  EQUIPPED  WITH  A THERMOSTAT  OR
 INTENDED FOR USE AS A HEATER.
   (B) "HEATING GAS FIREPLACE" MEANS A VENTED FIREPLACE, INCLUDING APPLI-
 ANCES THAT ARE FREESTANDING, RECESSED, ZERO  CLEARANCE, OR  A  GAS FIRE-
 PLACE  INSERT, THAT IS FUELED BY NATURAL GAS OR PROPANE  AND  IS  NOT  A
 DECORATIVE FIREPLACE.
   54.  "MANUFACTURED  HOME"  HAS  THE  MEANING  ASCRIBED TO THAT TERM BY
 SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW.
   55. "RECREATIONAL VEHICLE" MEANS A VAN OR  UTILITY  VEHICLE  USED  FOR
 RECREATIONAL PURPOSES.
   56.  "UNIFORM  CODE"  MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE ADOPTED PURSUANT TO ARTICLE EIGHTEEN OF THE  EXECUTIVE
 LAW.
   57.  "ENERGY  CODE"  MEANS  THE  NEW  YORK  STATE  ENERGY CONSERVATION
 CONSTRUCTION CODE ADOPTED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER.
   58. "ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)"  MEANS  EQUIPMENT  THAT
 SUPPLIES  ELECTRICITY IN AN APPROPRIATE FORM TO STORAGE DEVICES, INCLUD-
 ING BATTERIES AND SUPER CAPACITORS, THAT ARE PART OF ELECTRIC  VEHICLES.
 SUCH TERM SHALL INCLUDE EQUIPMENT THAT PERFORMS THIS FUNCTION AND EQUIP-
 MENT THAT IS EMBEDDED IN ELECTRIC VEHICLES.
   59. "ELECTRIC VEHICLE" MEANS AN ON-ROAD VEHICLE THAT DRAWS ELECTRICITY
 FOR  PROPULSION FROM A TRACTION BATTERY WITH A LEAST FIVE KILOWATT-HOURS
 (KWH) OF CAPACITY, AND USES AN EXTERNAL SOURCE OF ENERGY TO RECHARGE THE
 BATTERY. SUCH TERM SHALL  INCLUDE  A  PLUG-IN  HYBRID  ELECTRIC  VEHICLE
 (PHEV)  WITH  A  SECOND  SOURCE  OF ENERGY FOR PROPULSION, AND A BATTERY
 ELECTRIC VEHICLE (BEV), WHICH IS POWERED SOLELY BY  EXTERNALLY  SUPPLIED
 ELECTRICITY STORED ON-BOARD SUCH ELECTRIC VEHICLE.
   60.  "COMMERCIAL  CLOTHES DRYER" MEANS A CLOTHES DRYER DESIGNED TO DRY
 FABRICS IN A  TUMBLE-TYPE  DRUM  WITH  FORCED  AIR  CIRCULATION  AND  IS
 DESIGNED FOR USE IN:
   (A)  APPLICATIONS  IN  WHICH  THE OCCUPANTS OF MORE THAN ONE HOUSEHOLD
 WILL BE USING THE CLOTHES DRYER, INCLUDING MULTI-FAMILY  HOUSING  COMMON
 AREAS AND COIN LAUNDRIES; OR
   (B) OTHER COMMERCIAL APPLICATIONS.
   61. "COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS" MEANS A ROTARY-BLADED
 MACHINE  USED  TO  CONVERT  POWER  TO AIR POWER, WITH A BRAKE HORSEPOWER
 GREATER THAN OR EQUAL TO EITHER ONE KILOWATT OR ONE HORSEPOWER,  AND  AN
 AIR  HORSEPOWER  LESS  THAN  OR EQUAL TO ONE HUNDRED FIFTY, AND USED FOR
 COMMERCIAL AND INDUSTRIAL PURPOSES.
   62.  "IMAGING  EQUIPMENT"  MEANS  COPIERS,  PRINTERS,  SCANNERS,   FAX
 MACHINES, AND MULTIFUNCTION DEVICES USED BOTH IN HOMES AND BUSINESSES.
   63.  "LANDSCAPE  IRRIGATION  CONTROLLER"  MEANS  A  DEVICE INTENDED TO
 REMOTELY CONTROL VALVES TO OPERATE AN IRRIGATION SYSTEM FOR  LANDSCAPES,
 WHICH  MAY CONSIST OF GRASS, SHRUBS, TREES AND/OR OTHER VEGETATION. THIS
 TERM SHALL NOT INCLUDE DEVICES THAT ARE TYPICALLY  SOLD  SEPARATELY  AND
 USED  PRIMARILY FOR OTHER PURPOSES, SUCH AS A NETWORK ROUTER, AND MAY BE
 USED INCIDENTALLY FOR A LANDSCAPE IRRIGATION CONTROLLER. THIS TERM SHALL
 NOT INCLUDE BATTERY POWERED HOSE-END TIMERS OR DEVICES USED PRIMARILY IN
 AGRICULTURAL APPLICATIONS.
 A. 10439                           13
 
   64. "OUTDOOR LIGHTING" MEANS ELECTRICAL LIGHTING  USED  TO  ILLUMINATE
 OUTDOOR  AREAS,  INCLUDING PARKING LOTS, STREETLIGHTS, HIGHWAYS AND AREA
 LUMINAIRES.
   65.  "PLUG-IN  LUMINOUS  SIGNS"  MEANS A SELF-CONTAINED, LUMINOUS SIGN
 UNIT THAT PLUGS INTO 120V AC BUILDING MAINS POWER AND  IS  INTENDED  FOR
 INDOOR  USE ONLY. SIGNS MAY BE INTENDED FOR USE IN COMMERCIAL OUTLETS IN
 BUSINESS ESTABLISHMENTS OR IN RESIDENCES.
   66. "SMALL NETWORK EQUIPMENT" MEANS A DEVICE WHOSE PRIMARY FUNCTION IS
 TO PASS INTERNET PROTOCOL (IP) TRAFFIC AMONG VARIOUS NETWORK  INTERFACES
 OR PORTS INTENDED FOR USE IN RESIDENTIAL AND SMALL BUSINESS SETTINGS.
   67. "TUB SPOUT DIVERTERS" MEANS THE FOLLOWING DEFINITIONS:
   (A)  A BATH AND SHOWER DIVERTER WHOSE DIVERTER MECHANISM IS LOCATED IN
 THE TUB SPOUT; AND/OR
   (B) BATH AND SHOWER DIVERTER MEANS A DEVICE USED TO DIRECT THE FLOW OF
 WATER EITHER TOWARD A TUB SPOUT OR TOWARD A  SECONDARY  OUTLET  INTENDED
 FOR SHOWERING PURPOSES, INCLUDING A SHOWERHEAD OR BODY SPRAY.
   § 14. Section 16-104 of the energy law, as added by chapter 431 of the
 laws  of  2005,  subdivision  1 as amended by chapter 222 of the laws of
 2010, is amended to read as follows:
   § 16-104. Applicability, conduct prohibited.   1.  The  provisions  of
 this article apply to the ESTABLISHMENT OF, testing FOR COMPLIANCE WITH,
 certification  OF  COMPLIANCE WITH, and enforcement of efficiency stand-
 ards for the following new products which are sold, OR offered for sale,
 LEASED OR OFFERED FOR LEASE, RENTED OR OFFERED FOR RENT or installed  OR
 OFFERED TO INSTALL in New York state UNLESS PREEMPTING FEDERAL APPLIANCE
 STANDARDS ARE IN EFFECT: (a) automatic commercial ice cube machines; (b)
 ceiling  fan  light  kits;  (c)  commercial  pre-rinse spray valves; (d)
 commercial  refrigerators,  freezers  and   refrigerator-freezers;   (e)
 consumer  audio  and  video  products;  (f)  illuminated exit signs; (g)
 incandescent reflector lamps; (h) very large  commercial  packaged  air-
 conditioning  and heating equipment; (i) metal halide lamp fixtures; (j)
 pedestrian traffic signal modules; (k)  power  supplies;  (l)  torchiere
 lighting  fixtures;  (m)  unit  heaters;  (n)  vehicular  traffic signal
 modules; (o) portable light fixtures; (p) bottle-type water  dispensers;
 (q)  commercial  hot  food holding cabinets; (r) portable electric spas;
 [and] (s) [residential] REPLACEMENT DEDICATED-PURPOSE pool [pumps]  PUMP
 MOTORS; (T) AIR COMPRESSORS; (U) AIR PURIFIERS; (V) COMMERCIAL DISHWASH-
 ERS;  (W) COMMERCIAL FRYERS; (X) COMMERCIAL STEAM COOKERS; (Y) COMPUTERS
 AND COMPUTER MONITORS; (Z) GENERAL SERVICE LAMPS; (AA) FEDERALLY  EXEMPT
 FLUORESCENT  LAMPS;  (BB)  PORTABLE  AIR  CONDITIONERS; (CC) RESIDENTIAL
 VENTILATING FANS; (DD) TELEPHONES; (EE) FAUCETS; (FF) SHOWERHEADS;  (GG)
 URINALS; (HH) WATER CLOSETS; (II) SPRINKLER BODIES; (JJ) UNINTERRUPTABLE
 POWER  SUPPLIES;  (KK) LIGHT EMITTING DIODE LAMPS; (LL) ELECTRIC VEHICLE
 SUPPLY EQUIPMENT; (MM) COMMERCIAL BATTERY CHARGER SYSTEMS; (NN)  COMMER-
 CIAL  OVENS;  (OO) COMMERCIAL CLOTHES DRYERS; (PP) COMMERCIAL AND INDUS-
 TRIAL FANS AND BLOWERS; (QQ) IMAGING  EQUIPMENT;  (RR)  LANDSCAPE  IRRI-
 GATION  CONTROLLERS; (SS) OUTDOOR LIGHTING; (TT) PLUG-IN LUMINOUS SIGNS;
 (UU) SMALL NETWORK EQUIPMENT; (VV) TUB SPOUT DIVERTERS; (WW)  COMMERCIAL
 HOT  FOOD HOLDING CABINETS; (XX) GAS FIREPLACES; (YY) PRODUCTS FOR WHICH
 EFFICIENCY STANDARDS SHALL HAVE BEEN ESTABLISHED PURSUANT  TO  PARAGRAPH
 (B)  OR  (C)  OF  SUBDIVISION ONE OF SECTION 16-106 OF THIS ARTICLE; AND
 (ZZ) PRODUCTS THAT HAD BEEN SUBJECT TO ANY FEDERAL  EFFICIENCY  STANDARD
 REFERRED  TO  IN SECTION 16-105 OF THIS ARTICLE THAT HAVE BEEN CONTINUED
 IN THIS STATE PURSUANT TO SUCH SECTION.
   2. No person shall sell[,] OR offer for sale, LEASE OR OFFER TO LEASE,
 OR RENT OR OFFER TO RENT, or install OR OFFER TO  INSTALL  in  New  York
 A. 10439                           14
 
 state  any new product of the types enumerated in PARAGRAPHS (A) THROUGH
 (XX) OF subdivision one of this section, or any [of the]  new  [products
 identified]  PRODUCT  FOR  WHICH  EFFICIENCY  STANDARDS  SHALL HAVE BEEN
 ESTABLISHED  pursuant  to PARAGRAPH (B) OR (C) OF subdivision [four] ONE
 of section 16-106 of this article, [unless: (a) the product meets  mini-
 mum  energy  performance standards adopted pursuant to this article upon
 the effective date of such standards; and, if  required  by  regulations
 promulgated] OR ANY NEW PRODUCT THAT IS SUBJECT TO ANY FEDERAL EFFICIEN-
 CY  STANDARD  THAT  SHALL  HAVE BEEN CONTINUED IN THIS STATE pursuant to
 [this] section[, (b) the manufacturer of such product certifies that the
 product meets said minimum energy performance standards.] 16-105 OF THIS
 ARTICLE, UNLESS:
   (A) IT MEETS THE EFFICIENCY STANDARDS APPLICABLE TO SUCH PRODUCT AS OF
 THE DATE OF MANUFACTURE OF SUCH PRODUCT OR AS OF SUCH OTHER DATE AS  MAY
 BE  DETERMINED IN ACCORDANCE WITH THE REGULATION ESTABLISHING THE STAND-
 ARD FOR SUCH PRODUCT; AND
   (B) IF REQUIRED BY REGULATIONS ADOPTED PURSUANT TO THIS  ARTICLE,  THE
 MANUFACTURER OF SUCH PRODUCT CERTIFIES THAT THE PRODUCT MEETS SAID EFFI-
 CIENCY  STANDARDS. AS USED WITHIN THIS SUBDIVISION, REFERENCE TO ANY NEW
 PRODUCT MEANS ANY INDIVIDUAL PRODUCT SUBJECT TO THE REQUIREMENTS OF THIS
 ARTICLE.
   3. The prohibitions contained in [subdivisions  one  and]  SUBDIVISION
 two of this section shall not apply to:
   (a) products manufactured in the state and sold outside the state;
   (b)  products  manufactured  outside  the  state and sold at wholesale
 inside the state for final retail sale outside the state;
   (c) products installed in [mobile] manufactured homes at the  time  of
 construction; [or]
   (d)  products  designed  expressly  for installation and use in recre-
 ational vehicles; OR
   (E) URINALS AND WATER CLOSETS DESIGNED AND  MARKETED  EXCLUSIVELY  FOR
 USE AT PRISONS OR MENTAL HEALTH CARE FACILITIES.
   4.  THE  ADOPTION OF EFFICIENCY STANDARDS FOR ANY WATER-RELATED APPLI-
 ANCES, EQUIPMENT OR FIXTURES SHALL BE SUBJECT TO APPROVAL BY THE COMMIS-
 SIONER OF ENVIRONMENTAL CONSERVATION.  ANY  SUCH  STANDARD  WHICH  WOULD
 CONFLICT  WITH  THE  PROVISIONS  OF SECTION 15-0314 OF THE ENVIRONMENTAL
 CONSERVATION LAW SHALL NOT TAKE EFFECT UNTIL AND UNLESS  WAIVED  BY  THE
 COMMISSIONER OF ENVIRONMENTAL CONSERVATION.
   5.  IN  ADOPTING THE FLEXIBLE DEMAND APPLIANCE STANDARDS, THE NEW YORK
 STATE ENERGY RESEARCH  AND  DEVELOPMENT  AUTHORITY  SHALL  CONSIDER  THE
 NATIONAL  INSTITUTE OF STANDARDS AND TECHNOLOGY RELIABILITY AND CYBERSE-
 CURITY PROTOCOLS, RELEVANT NEW YORK CYBERSECURITY LAWS, REGULATIONS, AND
 ADVISORIES, OR OTHER CYBERSECURITY PROTOCOLS THAT ARE  EQUALLY  OR  MORE
 PROTECTIVE,  AND  SHALL ADOPT, AT A MINIMUM, THE NORTH AMERICAN ELECTRIC
 RELIABILITY CORPORATION'S CRITICAL INFRASTRUCTURE PROTECTION STANDARDS.
   § 15. The energy law is amended by adding a new section 16-105 to read
 as follows:
   § 16-105. ADOPTION OF CERTAIN FEDERAL  EFFICIENCY  STANDARDS.  1.  THE
 FEDERAL  EFFICIENCY  STANDARD ESTABLISHED IN 10CFR PARTS 430 AND 431, AS
 IN EFFECT ON JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE APPLICABLE TO
 PRODUCTS WHICH ARE SUBJECT TO  SUCH  FEDERAL  EFFICIENCY  STANDARDS  AND
 WHICH  ARE  SOLD,  OFFERED  FOR SALE, OR INSTALLED IN NEW YORK STATE. SO
 LONG AS SUCH FEDERAL EFFICIENCY STANDARDS REMAIN IN  EFFECT  AS  FEDERAL
 EFFICIENCY STANDARDS, THEY SHALL BE ENFORCED AS PROVIDED BY FEDERAL LAW.
 THE  PRESIDENT  SHALL  ADOPT  BY  REGULATION ALL SUCH FEDERAL EFFICIENCY
 STANDARDS AND PROVIDED THAT, IF ANY SUCH FEDERAL EFFICIENCY STANDARD  IS
 A. 10439                           15
 
 WITHDRAWN,  REPEALED, VOIDED, OR OTHERWISE CEASES TO REMAIN IN EFFECT AS
 A FEDERAL EFFICIENCY STANDARD:
   (A) SUCH EFFICIENCY STANDARD SHALL BE CONTINUED IN THIS STATE;
   (B) UNTIL AND UNLESS AMENDED OR REPEALED PURSUANT TO THIS ARTICLE, THE
 PRESIDENT  SHALL  BE AUTHORIZED TO ADOPT REGULATIONS ESTABLISHING PROCE-
 DURES FOR TESTING THE ENERGY REDUCTION, WATER  CONSERVATION,  GREENHOUSE
 GAS  REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH SUCH
 PRODUCT;
   (C) THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS  ESTABLISH-
 ING  PROCEDURES  FOR  MANUFACTURERS OF SUCH PRODUCT TO CERTIFY THAT SUCH
 PRODUCT MEETS SUCH EFFICIENCY STANDARD, IF THE PRESIDENT DETERMINES THAT
 SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
   (D) THE PRESIDENT SHALL BE AUTHORIZED TO  ADOPT  REGULATIONS  AMENDING
 SUCH  EFFICIENCY  STANDARD FROM TIME TO TIME, INCLUDING REGULATIONS THAT
 REPEAL SUCH EFFICIENCY STANDARD, OR  INCREASE  THE  STRINGENCY  OF  SUCH
 EFFICIENCY STANDARD; AND
   (E)  IF  FEDERAL PREEMPTION HAS BEEN WAIVED FOR ANY PARTICULAR FEDERAL
 EFFICIENCY STANDARD OR STANDARDS, THE PRESIDENT MAY ADOPT SUCH  STANDARD
 OR MAY ADOPT A DIFFERENT STANDARD.
   2.    THIS  SECTION SHALL NOT APPLY TO ANY FEDERAL EFFICIENCY STANDARD
 SET ASIDE BY A COURT UPON THE PETITION OF A PERSON WHO WILL BE ADVERSELY
 AFFECTED, AS PROVIDED IN 42 U.S.C. § 6306(B).
   § 16. Section 16-106 of the energy law, as added by chapter 431 of the
 laws of 2005, paragraph (c) of subdivision 2 as added by chapter 222  of
 the  laws of 2010 and subdivision 4 as amended by chapter 69 of the laws
 of 2020, is amended to read as follows:
   § 16-106. [Administration of article] POWERS AND DUTIES OF THE  PRESI-
 DENT  AND  THE  SECRETARY.  1. The [secretary, in consultation with the]
 president[,] IN CONSULTATION WITH THE SECRETARY shall have and be  enti-
 tled to exercise the following powers and duties:
   (a)  To  [establish  energy] ADOPT REGULATIONS ESTABLISHING efficiency
 [performance] standards  for  the  products  listed  in  PARAGRAPHS  (A)
 THROUGH  (XX)  OF  subdivision  one  of  section 16-104 of this article,
 including but not limited to, establishing [energy] efficiency [perform-
 ance] standards for power supplies in the active mode and  no-load  mode
 or  other such products while in the active mode and in the standby-pas-
 sive-mode[.
   (b) To promulgate regulations to achieve the purposes of this  article
 provided  however  that  no energy efficiency performance standard shall
 become effective for a product less than one hundred eighty  days  after
 it  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 such product preempt
 state standards unless preemption has been waived  pursuant  to  federal
 law;
   (c)  To  administer and enforce the provisions of this article and any
 rule or regulation promulgated thereunder or order issued pursuant ther-
 eto;
   (d) To order, pursuant to section 16-104 of this article, the  immedi-
 ate  cessation  of  any  distribution, sale or offer for sale, import or
 installation of any product for which  the  secretary,  in  consultation
 with  the  president,  determines that the certification of such product
 listed in subdivision one of section 16-104 of this article was achieved
 in violation of section 16-108 of this article];
   (B)  TO  ADOPT  REGULATIONS  ESTABLISHING  EFFICIENCY  STANDARDS   FOR
 PRODUCTS  NOT  SPECIFICALLY  LISTED  IN  PARAGRAPHS  (A) THROUGH (XX) OF
 A. 10439                           16
 
 SUBDIVISION ONE OF SECTION 16-104 OF THIS  ARTICLE,  PROVIDED  THAT  THE
 PRESIDENT  DETERMINES  THAT ESTABLISHING SUCH EFFICIENCY STANDARDS WOULD
 SERVE TO PROMOTE ENERGY REDUCTION, WATER  CONSERVATION,  GREENHOUSE  GAS
 REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH THE REGU-
 LATED  PRODUCT CATEGORIES IN THIS STATE.  TO THE MAXIMUM EXTENT FEASIBLE
 THE PRESIDENT SHALL COORDINATE ANY SUCH ADOPTION WITH SIMILAR EFFORTS BY
 OTHER STATES.  ANY REGULATION ADOPTED PURSUANT  TO  THIS  PARAGRAPH  MAY
 INCLUDE PROVISIONS ESTABLISHING PROCEDURES FOR TESTING THE EFFICIENCY OF
 THE COVERED PRODUCTS AND PROVISIONS ESTABLISHING PROCEDURES FOR MANUFAC-
 TURERS OF SUCH PRODUCT TO CERTIFY THAT SUCH PRODUCTS MEET THE EFFICIENCY
 STANDARDS,  IF THE PRESIDENT DETERMINES THAT SUCH MANUFACTURER'S CERTIF-
 ICATIONS SHOULD BE REQUIRED;
   (C) TO REVIEW EFFICIENCY STANDARDS AS ADOPTED FROM  TIME  TO  TIME  BY
 OTHER  STATES  FOR PRODUCTS NOT LISTED IN PARAGRAPHS (A) THROUGH (XX) OF
 SUBDIVISION ONE OF SECTION 16-104 OF THIS ARTICLE, AND  TO  ADOPT  REGU-
 LATIONS  ESTABLISHING  EFFICIENCY  STANDARDS SIMILAR TO THOSE ADOPTED BY
 ANY OTHER STATE FOR SUCH PRODUCTS, PROVIDED THAT  THE  PRESIDENT  DETER-
 MINES THAT ESTABLISHING SUCH EFFICIENCY STANDARDS WOULD SERVE TO PROMOTE
 ENERGY  REDUCTION,  WATER CONSERVATION, GREENHOUSE GAS REDUCTION, AND/OR
 INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH THE REGULATED PRODUCT CATE-
 GORIES IN THIS STATE. ANY REGULATION ADOPTED PURSUANT TO THIS  PARAGRAPH
 MAY INCLUDE PROVISIONS ESTABLISHING PROCEDURES FOR TESTING THE EFFICIEN-
 CY  OF  THE  COVERED PRODUCTS AND PROVISIONS ESTABLISHING PROCEDURES FOR
 MANUFACTURERS OF SUCH PRODUCT TO CERTIFY THAT  SUCH  PRODUCTS  MEET  THE
 EFFICIENCY  STANDARDS, IF THE PRESIDENT DETERMINES THAT SUCH MANUFACTUR-
 ER'S CERTIFICATIONS SHOULD BE REQUIRED;
   (D) TO ADOPT REGULATIONS TO ACHIEVE THE PURPOSES OF THIS ARTICLE. SUCH
 REGULATIONS SHALL ENSURE THAT COMPLIANCE THEREWITH WILL NOT RESULT IN  A
 NET  INCREASE  IN CO-POLLUTANT EMISSIONS OR OTHERWISE DISPROPORTIONATELY
 BURDEN DISADVANTAGED COMMUNITIES AS IDENTIFIED BY  THE  CLIMATE  JUSTICE
 WORKING  GROUP  ESTABLISHED  UNDER  SECTION 75-0111 OF THE ENVIRONMENTAL
 CONSERVATION LAW. IN ORDER TO INCREASE PUBLIC PARTICIPATION AND  IMPROVE
 THE EFFICACY OF ANY EFFICIENCY STANDARDS ADOPTED PURSUANT TO SUBDIVISION
 (B) OR (C) OF THIS SECTION, THE PRESIDENT SHALL, BEFORE PUBLICATION OF A
 NOTICE OF PROPOSED RULE MAKING, CONDUCT PUBLIC MEETINGS TO PROVIDE MEAN-
 INGFUL  OPPORTUNITIES  FOR PUBLIC COMMENT FROM ALL SEGMENTS OF THE POPU-
 LATION THAT WOULD BE IMPACTED BY THE STANDARDS OR REGULATIONS, INCLUDING
 PERSONS LIVING IN DISADVANTAGED COMMUNITIES AS IDENTIFIED BY THE CLIMATE
 JUSTICE WORKING GROUP ESTABLISHED UNDER SECTION 75-0111 OF THE  ENVIRON-
 MENTAL CONSERVATION LAW;
   (e)  To  conduct investigations, test, 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 arti-
 cle;
   (f)  To  accept  grants  or  funds  for purposes of administration AND
 ENFORCEMENT of this article. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
 TO  THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ACCEPT GRANTS OR
 FUNDS,  INCLUDING  FUNDS  DIRECTED  THROUGH  NEGOTIATED  SETTLEMENTS  OR
 CONSENT  ORDERS  PURSUANT  TO  THIS ARTICLE.   ALL FUNDS ACCEPTED BY THE
 PRESIDENT FOR THE PURPOSES OF THIS ARTICLE SHALL  BE  DEPOSITED  IN  THE
 EFFICIENCY  STANDARDS ADMINISTRATION ACCOUNT ESTABLISHED BY THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY  AND  MAINTAINED  IN  A
 SEGREGATED  ACCOUNT  IN  THE CUSTODY OF THE COMMISSIONER OF TAXATION AND
 FINANCE. ALL EXPENDITURES FROM THE EFFICIENCY  STANDARDS  ADMINISTRATION
 ACCOUNT  PURSUANT  TO  THIS  ARTICLE SHALL BE MADE BY THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO CARRY OUT STUDIES, INVESTI-
 A. 10439                           17
 
 GATIONS, RESEARCH, EXPENSES TO PROVIDE FOR EXPERT  WITNESS,  CONSULTANT,
 ENFORCEMENT,  ADMINISTRATIVE  AND LEGAL FEES, INCLUDING DISBURSEMENTS TO
 THE DEPARTMENT OF STATE TO SUPPORT ENFORCEMENT ACTIVITIES AUTHORIZED  BY
 THE  SECRETARY  PURSUANT  TO  THIS  SECTION,  AND OTHER RELATED EXPENSES
 PURSUANT TO THIS ARTICLE. ALL DEPOSITS MADE TO THE EFFICIENCY  STANDARDS
 ADMINISTRATION  ACCOUNT  MADE  BY THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY, ALL FUNDS MAINTAINED IN THE EFFICIENCY  STANDARDS
 ADMINISTRATION  ACCOUNT,  AND  DISBURSEMENTS THEREFROM, MADE PURSUANT TO
 THIS ARTICLE SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART  OF
 SUCH  AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY SHALL
 PREPARE AN ANNUAL REPORT SUMMARIZING EFFICIENCY STANDARDS ADMINISTRATION
 ACCOUNT BALANCE AND ACTIVITIES FOR EACH FISCAL YEAR ENDING  MARCH  THIR-
 TY-FIRST.   IN ADDITION TO SUBMITTING SUCH REPORT AS PROVIDED IN SECTION
 ONE THOUSAND EIGHT HUNDRED SIXTY-SEVEN OF THE  PUBLIC  AUTHORITIES  LAW,
 THE  AUTHORITY  SHALL PROVIDE SUCH REPORT TO THE SECRETARY NO LATER THAN
 NINETY DAYS AFTER COMMENCEMENT OF SUCH FISCAL YEAR;
   (g) [To  impose  a  fine  and/or  impose  injunctive  relief  for  any
 violation of this article after notice and an opportunity to be heard;
   (h) 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] TO CONSULT WITH THE APPROPRIATE
 FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL  DEPARTMENT
 OF  ENERGY  AND  OTHER  POTENTIALLY AFFECTED PARTIES IN CARRYING OUT THE
 PROVISIONS OF THIS ARTICLE; AND
   (H) TO CONDUCT INVESTIGATIONS, IN CONSULTATION WITH THE SECRETARY,  TO
 DETERMINE  IF  PRODUCTS  COVERED  BY  STANDARDS ADOPTED PURSUANT TO THIS
 ARTICLE COMPLY WITH SUCH STANDARDS; TO CONDUCT  TESTS  TO  DETERMINE  IF
 PRODUCTS  COVERED  BY  STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
 WITH SUCH STANDARDS; TO PREPARE WRITTEN REPORTS OF THE RESULTS  OF  SUCH
 INVESTIGATIONS  AND  TESTS; TO PROVIDE SUCH REPORTS TO THE SECRETARY; IN
 CONSULTATION WITH THE SECRETARY, TO NEGOTIATE SETTLEMENT AGREEMENTS WITH
 ANY PERSON THAT VIOLATES THE PROVISIONS OF SUBDIVISION  TWO  OF  SECTION
 16-104  OF  THIS  ARTICLE,  OR FAILS TO PERFORM ANY DUTY IMPOSED BY THIS
 ARTICLE, OR VIOLATES OR FAILS  TO  COMPLY  WITH  ANY  RULE,  REGULATION,
 DETERMINATION, OR ORDER ADOPTED, MADE, OR ISSUED BY THE PRESIDENT OR THE
 SECRETARY  PURSUANT TO THIS ARTICLE, PURSUANT TO WHICH SUCH PERSON SHALL
 AGREE TO CEASE SUCH VIOLATION AND TO PAY SUCH CIVIL PENALTY  AS  MAY  BE
 SPECIFIED  IN  SUCH  AGREEMENT,  THE TERMS OF WHICH WILL BE INCORPORATED
 INTO A CONSENT ORDER SIGNED BY  SUCH  PERSON,  THE  PRESIDENT,  AND  THE
 SECRETARY;  TO  CONSULT  WITH  THE SECRETARY IN CONNECTION WITH DETERMI-
 NATIONS MADE BY THE SECRETARY PURSUANT TO PARAGRAPH (B)  OF  SUBDIVISION
 FIVE OF THIS SECTION; AND TO COOPERATE WITH THE SECRETARY IN ENFORCEMENT
 PROCEEDINGS CONDUCTED BY THE SECRETARY PURSUANT TO THIS ARTICLE.
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NO EFFICIEN-
 CY STANDARD ADOPTED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION  SHALL  BECOME EFFECTIVE LESS THAN ONE HUNDRED EIGHTY DAYS AFTER
 PUBLICATION OF THE NOTICE OF ADOPTION OF  SUCH  STANDARD  IN  THE  STATE
 REGISTER;  NO  EFFICIENCY  STANDARD ADOPTED PURSUANT TO PARAGRAPH (B) OR
 (C) OF SUBDIVISION ONE OF THIS SECTION SHALL BECOME EFFECTIVE LESS  THAN
 ONE  YEAR AFTER PUBLICATION OF THE NOTICE OF ADOPTION OF SUCH EFFICIENCY
 STANDARD IN THE STATE REGISTER; NO AMENDMENT OF ANY EFFICIENCY  STANDARD
 ADOPTED PURSUANT TO THIS ARTICLE OR OF ANY EFFICIENCY STANDARD CONTINUED
 IN  THIS  STATE  PURSUANT TO SECTION 16-105 OF THIS ARTICLE SHALL BECOME
 EFFECTIVE LESS THAN ONE HUNDRED EIGHTY DAYS  AFTER  PUBLICATION  OF  THE
 NOTICE  OF  ADOPTION OF SUCH AMENDMENT IN THE STATE REGISTER; AND NO NEW
 A. 10439                           18
 
 OR AMENDED EFFICIENCY STANDARD ADOPTED PURSUANT TO THIS ARTICLE SHALL GO
 INTO EFFECT IF FEDERAL GOVERNMENT EFFICIENCY  STANDARDS  REGARDING  SUCH
 PRODUCT PREEMPT STATE STANDARDS UNLESS PREEMPTION HAS BEEN WAIVED PURSU-
 ANT TO FEDERAL LAW.
   2. (a) On or before [June thirtieth] JANUARY FIRST, two thousand [six]
 TWENTY-THREE,  the  [secretary,  in consultation with the] president, IN
 CONSULTATION WITH THE SECRETARY, shall adopt regulations  in  accordance
 with the provisions of this article establishing:
   (i)  [energy]  efficiency  [performance] standards for new products of
 the types [set forth] REFERRED TO in paragraphs (a) through  [(n)]  (F),
 PARAGRAPHS  (H) THROUGH (Y), PARAGRAPHS (AA) THROUGH (JJ) AND PARAGRAPHS
 (MM) THROUGH (XX) of subdivision one of section 16-104 of this article[,
 with  the  exception  of  such  paragraph  (g)  (incandescent  reflector
 lamps)];
   (ii)  procedures  for  testing  the  [energy]  efficiency  of  the NEW
 products [covered by] OF THE TYPES REFERRED TO IN paragraphs (a) through
 [(n)] (F) AND PARAGRAPHS (H) THROUGH (XX) of subdivision one of  section
 16-104 of this article;
   (iii)  procedures  for  manufacturers  to  certify  that  NEW products
 [covered under] OF THE TYPES REFERRED TO IN PARAGRAPHS (A)  THROUGH  (F)
 AND  PARAGRAPHS (H) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF
 this article meet the [energy] efficiency standards to  be  [promulgated
 under  this  article] ADOPTED PURSUANT TO THIS ARTICLE, IF THE PRESIDENT
 DETERMINES THAT SUCH MANUFACTURER'S CERTIFICATIONS SHOULD  BE  REQUIRED;
 and
   (iv) such further matters as are necessary to insure the proper imple-
 mentation and enforcement of the provisions of this article.
   (B) With respect to [incandescent reflector lamps, included] THE TYPES
 OF  PRODUCTS  REFERRED  TO  in [paragraph] PARAGRAPH (g), (Z) OR (KK) of
 subdivision one of section 16-104 of this article (INCANDESCENT  REFLEC-
 TOR  LAMPS,  GENERAL SERVICE LAMPS, AND LIGHT EMITTING DIODE LAMPS), the
 [secretary, in consultation with the] president[,] shall conduct a study
 BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-THREE to determine whether
 an  [energy]  efficiency  [performance]  standard  for  such   [product]
 PRODUCTS  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] THE PRESIDENT
 DETERMINES  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 accord-
 ance with the provisions of this article establishing  [energy  perform-
 ance] EFFICIENCY standards for such [product on or before January first,
 two thousand eight] PRODUCTS.
   3. Subsequent to adopting regulations pursuant to subdivisions one and
 two  of  this  section, the [secretary, in consultation with the] presi-
 dent, IN CONSULTATION WITH THE SECRETARY, may  amend  such  regulations,
 including increasing the stringency of the [energy] efficiency [perform-
 ance] standards[, provided however that no energy efficiency performance
 standard  shall  become  effective  for  a product less than one hundred
 eighty days after it shall become final].
   4. By March fifteenth of two thousand twenty-one,  the  secretary  and
 the president shall produce a report to the governor, the speaker of the
 assembly, the temporary president of the senate, the chair of the assem-
 bly  committee on energy and the chair of the senate committee on energy
 and telecommunications on the status of regulations establishing  [ener-
 gy]  efficiency  [performance] standards pursuant to this article, which
 A. 10439                           19
 
 shall indicate for each product enumerated in subdivision one of section
 16-104 of this article the status of the implementation of [performance]
 EFFICIENCY standards. The report shall  also  set  forth  the  estimated
 potential  annual  reductions  in  energy use and potential utility bill
 savings resulting from adopted [performance]  EFFICIENCY  standards  for
 the  years two thousand twenty-five and two thousand thirty-five and the
 potential cumulative reductions in energy use through the year two thou-
 sand thirty-five. Such report shall be updated IN  THE  SAME  MANNER  by
 March  fifteenth, two thousand TWENTY-SIX AND TWO THOUSAND thirty and [a
 copy] COPIES OF SUCH UPDATES shall be posted  by  March  fifteenth,  two
 thousand  TWENTY-SEVEN  AND  MARCH FIFTEENTH, TWO THOUSAND thirty on the
 websites of the authority and the department of state.
   5. (A) IN ADDITION TO ALL OTHER POWERS  AND  AUTHORITY  GIVEN  TO  THE
 SECRETARY  BY  THIS ARTICLE, THE SECRETARY SHALL HAVE AND BE ENTITLED TO
 EXERCISE THE FOLLOWING POWERS AND DUTIES:
   (I) TO REQUEST THE PRESIDENT TO CONDUCT INVESTIGATIONS TO DETERMINE IF
 PRODUCTS COVERED BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS  ARTI-
 CLE COMPLY WITH SUCH EFFICIENCY STANDARDS; TO CONSULT WITH THE PRESIDENT
 IN  CONNECTION  WITH THE PRESIDENT'S PERFORMANCE OF SUCH INVESTIGATIONS;
 TO REQUEST THE PRESIDENT TO  CONDUCT  TESTS  TO  DETERMINE  IF  PRODUCTS
 COVERED  BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
 WITH SUCH EFFICIENCY STANDARDS; AND TO REQUEST THE  PRESIDENT'S  COOPER-
 ATION IN CONNECTION WITH ENFORCEMENT PROCEEDINGS CONDUCTED BY THE SECRE-
 TARY PURSUANT TO THIS ARTICLE;
   (II)  TO  ORDER  THE  IMMEDIATE CESSATION OF ANY DISTRIBUTION, SALE OR
 OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR OFFER TO RENT,  IMPORT,
 OR  OFFER  TO  IMPORT,  OR  INSTALLATION OR OFFER OF INSTALLATION OF ANY
 PRODUCT LISTED IN PARAGRAPHS (A) THROUGH  (XX)  OF  SUBDIVISION  ONE  OF
 SECTION  16-104  OF THIS ARTICLE, OR OF ANY PRODUCT FOR WHICH EFFICIENCY
 STANDARDS SHALL HAVE BEEN ESTABLISHED PURSUANT TO PARAGRAPH (B)  OR  (C)
 OF  SUBDIVISION ONE OF THIS SECTION, OR ANY PRODUCT THAT IS SUBJECT TO A
 FEDERAL EFFICIENCY STANDARD THAT SHALL HAVE BEEN CONTINUED IN THIS STATE
 PURSUANT TO SECTION 16-105 OF THIS ARTICLE, IF THE SECRETARY, IN CONSUL-
 TATION WITH THE PRESIDENT, DETERMINES THAT SUCH PRODUCT  DOES  NOT  MEET
 THE  APPLICABLE  EFFICIENCY STANDARD OR IF SUCH PRODUCT DOES NOT SATISFY
 THE  TESTING  PROCEDURES  OR  MANUFACTURER'S  CERTIFICATION   PROCEDURES
 ADOPTED PURSUANT TO THE REGULATIONS AUTHORIZED BY THIS ARTICLE;
   (III)  TO  ACCEPT  GRANTS  OR FUNDS FOR PURPOSES OF ADMINISTRATION AND
 ENFORCEMENT OF THIS ARTICLE;
   (IV) TO IMPOSE, AFTER NOTICE AND AN OPPORTUNITY  TO  BE  HEARD,  CIVIL
 PENALTIES  AND/OR INJUNCTIVE RELIEF FOR ANY VIOLATION OF THIS ARTICLE OR
 ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE. ANY PENALTIES COLLECTED
 BY THE SECRETARY UNDER THIS SECTION  SHALL  BE  PLACED  IN  THE  ACCOUNT
 ESTABLISHED  UNDER  SECTION  NINETY-SEVEN-WWW  OF THE STATE FINANCE LAW,
 RELATING TO THE CONSUMER PROTECTION ACCOUNT; AND
   (V) TO ADOPT SUCH RULES AND REGULATIONS  AS  THE  SECRETARY  MAY  DEEM
 NECESSARY  OR APPROPRIATE FOR THE PURPOSE OF CARRYING OUT THE POWERS AND
 DUTIES GRANTED TO THE SECRETARY BY THIS ARTICLE.
   (B) THE SECRETARY MAY EXERCISE THE POWERS AND AUTHORITY GRANTED TO THE
 SECRETARY BY THIS SUBDIVISION, OR BY ANY OTHER PROVISION OF  THIS  ARTI-
 CLE,  THROUGH THE CONSUMER PROTECTION DIVISION ESTABLISHED BY THE SECRE-
 TARY PURSUANT TO SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW  OR  THROUGH
 SUCH  OTHER DIVISIONS, OFFICERS, OR EMPLOYEES OF THE DEPARTMENT OF STATE
 AS THE SECRETARY MAY DESIGNATE FROM TIME TO TIME.
   § 17. The energy law is amended by adding a new section 16-107 to read
 as follows:
 A. 10439                           20
 
   § 16-107. SUBPOENAS, INFORMATION AND DOCUMENT PRODUCTION,  ENFORCEMENT
 PROCEDURES,  REFERRALS.  1. (A) IN ADDITION TO ALL OTHER POWERS PROVIDED
 BY THIS ARTICLE, THE SECRETARY OR HIS OR HER  DESIGNEE  SHALL  HAVE  THE
 POWER  AND AUTHORITY TO SUBPOENA AND REQUIRE THE ATTENDANCE OF WITNESSES
 AND  THE  PRODUCTION OF BOOKS, PAPERS, CONTRACTS AND ANY OTHER DOCUMENTS
 PERTAINING TO ANY INVESTIGATION OR HEARING CONDUCTED  PURSUANT  TO  THIS
 ARTICLE. THE SECRETARY MAY ISSUE SUCH SUBPOENAS ON HIS OR HER OWN INITI-
 ATIVE OR AT THE REQUEST OF THE PRESIDENT.
   (B)  IF ANY PERSON REFUSES TO COMPLY WITH A SUBPOENA ISSUED UNDER THIS
 SECTION, THE DEPARTMENT MAY PETITION A COURT OF  COMPETENT  JURISDICTION
 TO ENFORCE THE SUBPOENA AND SUCH SANCTIONS AS THE COURT MAY DIRECT.
   (C) A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE
 CIVIL  PRACTICE  LAW AND RULES, AND IS IN ADDITION TO AND NOT IN LIMITA-
 TION OF THE POWER TO MAKE INFORMATION AND DOCUMENT REQUESTS UNDER SUBDI-
 VISION TWO OF THIS SECTION.
   2. ANY PERSON THAT SELLS OR OFFERS FOR  SALE,  LEASES  OR  OFFERS  FOR
 LEASE, RENTS OR OFFERS FOR RENT, OR INSTALLS OR OFFERS TO INSTALL, MANU-
 FACTURES  OR TESTS IN NEW YORK STATE ANY NEW PRODUCT OF A TYPE LISTED IN
 PARAGRAPHS (A) THROUGH (XX) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
 ARTICLE, OR ANY NEW PRODUCT FOR WHICH EFFICIENCY  STANDARDS  SHALL  HAVE
 BEEN  ESTABLISHED PURSUANT TO PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF
 SECTION 16-106 OF THIS ARTICLE, OR ANY PRODUCT THAT IS SUBJECT TO FEDER-
 AL EFFICIENCY STANDARDS THAT SHALL HAVE BEEN  CONTINUED  IN  THIS  STATE
 PURSUANT  TO  SECTION  16-105  OF THIS ARTICLE, SHALL BE OBLIGED, ON THE
 REQUEST OF THE SECRETARY OR HIS OR HER DESIGNEE, OR THE REQUEST  OF  THE
 PRESIDENT  OR  HIS  OR  HER DESIGNEE, TO SUPPLY THE SECRETARY AND/OR THE
 PRESIDENT WITH SUCH INFORMATION AND DOCUMENTATION  AS  MAY  BE  REQUIRED
 CONCERNING SUCH PERSON'S BUSINESS, BUSINESS PRACTICES, OR BUSINESS METH-
 ODS,   OR  PROPOSED  BUSINESS  PRACTICES  OR  METHODS.  THE  OBLIGATIONS
 CONTAINED IN THIS SUBDIVISION SHALL NOT APPLY TO ANY PERSON  THAT  SELLS
 OR  OFFERS  FOR  SALE,  LEASES  OR OFFERS FOR LEASE, RENTS OR OFFERS FOR
 RENT, OR INSTALLS OR OFFERS TO INSTALL ONLY PRODUCTS DESCRIBED IN SUBDI-
 VISION THREE OF SECTION 16-104 OF THIS ARTICLE. THE POWER TO MAKE INFOR-
 MATION AND DOCUMENT REQUESTS IS IN ADDITION TO AND NOT IN LIMITATION  OF
 THE POWER TO ISSUE SUBPOENAS.
   3. THE SECRETARY SHALL, BEFORE ORDERING THE IMMEDIATE CESSATION OF ANY
 DISTRIBUTION,  SALE  OR OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR
 OFFER TO RENT, IMPORT OR OFFER TO IMPORT, OR INSTALLATION  OR  OFFER  OF
 INSTALLATION  OF  ANY PRODUCT, OR IMPOSING ANY CIVIL PENALTY, INJUNCTIVE
 RELIEF, OR OTHER RELIEF PURSUANT TO THIS ARTICLE UPON ANY PERSON WHO  IS
 ALLEGED  TO  BE  IN VIOLATION OF ANY PROVISION OF THIS ARTICLE OR OF ANY
 REGULATION ADOPTED PURSUANT TO THIS ARTICLE, AND AT LEAST TEN DAYS PRIOR
 TO THE DATE SET FOR THE HEARING, NOTIFY IN WRITING AND SHALL AFFORD SUCH
 PERSON AN OPPORTUNITY TO BE HEARD IN PERSON OR BY COUNSEL  IN  REFERENCE
 THERETO.  SUCH  WRITTEN  NOTICE  MAY  BE  SERVED  BY  DELIVERY  OF  SAME
 PERSONALLY, OR BY MAILING SAME BY CERTIFIED MAIL TO THE LAST KNOWN BUSI-
 NESS ADDRESS OF SUCH PERSON, OR BY ANY METHOD AUTHORIZED  BY  THE  CIVIL
 PRACTICE  LAW  AND  RULES.  THE HEARING ON SUCH CHARGES SHALL BE AT SUCH
 TIME AND PLACE AS THE DEPARTMENT OF STATE  SHALL  PRESCRIBE.  A  HEARING
 HELD BY THIS SUBDIVISION SHALL BE HELD PURSUANT TO THE STATE ADMINISTRA-
 TIVE PROCEDURE ACT, AND ANY APPLICABLE REGULATIONS ADOPTED BY THE SECRE-
 TARY.
   4.  A  FINAL  ACTION  OF THE SECRETARY IN IMPOSING A CIVIL PENALTY, OR
 OTHER ORDER, MAY BE SUBJECT TO REVIEW BY A PROCEEDING  INSTITUTED  UNDER
 ARTICLE SEVENTY-EIGHT OF THE CIVIL PRACTICE LAW AND RULES.
 A. 10439                           21

   5.  IN  ADDITION  TO  ALL  OTHER  POWERS PROVIDED BY THIS ARTICLE, THE
 SECRETARY AND THE PRESIDENT, ARE AUTHORIZED, INDIVIDUALLY OR JOINTLY, TO
 REFER THE RESULTS OF ANY INVESTIGATION CONDUCTED BY THE PRESIDENT PURSU-
 ANT TO THIS ARTICLE TO THE ATTORNEY GENERAL AND TO REQUEST THE  ATTORNEY
 GENERAL TO INSTITUTE, IN THE NAME OF THE SECRETARY AND/OR THE PRESIDENT,
 AN  ACTION  OR PROCEEDING TO ENFORCE THE PROVISIONS OF THIS ARTICLE. THE
 ATTORNEY GENERAL SHALL, AT THE REQUEST OF THE SECRETARY OR PRESIDENT, OR
 MAY, ON HIS OR HER OWN INITIATIVE, INSTITUTE PROCEEDINGS TO ENFORCE  THE
 PROVISIONS  OF  THIS ARTICLE INCLUDING THE IMPOSITION OF CIVIL PENALTIES
 OR INJUNCTIVE RELIEF.  NOTHING IN THIS SUBDIVISION SHALL LIMIT OR IMPAIR
 THE  POWER  AND  AUTHORITY  OF  THE  SECRETARY  TO  CONDUCT  ENFORCEMENT
 PROCEEDINGS,  TO  ISSUE  ORDERS PURSUANT TO PARAGRAPH (B) OF SUBDIVISION
 FIVE OF SECTION 16-106 OF THIS ARTICLE, AND TO IMPOSE PENALTIES PURSUANT
 TO SECTION 16-108 OF THIS ARTICLE.
   § 18. Section 16-108 of the energy law, as added by chapter 431 of the
 laws of 2005, is amended to read as follows:
   § 16-108. Violations, civil liability.  1. Any person who issues:
   (A) a certification that a product listed in  PARAGRAPHS  (A)  THROUGH
 (XX)  OF subdivision one of section 16-104 of this article complies with
 the [energy] efficiency standards FOR SUCH  PRODUCT  established  by  OR
 PURSUANT TO this article[,];
   (B)  A  CERTIFICATION  THAT  A  PRODUCT  NOT  LISTED IN PARAGRAPHS (A)
 THROUGH (XX) OF SUBDIVISION  ONE  OF  SECTION  16-104  OF  THIS  ARTICLE
 COMPLIES WITH EFFICIENCY STANDARDS FOR SUCH PRODUCT ESTABLISHED PURSUANT
 TO  PARAGRAPH  (B)  OR  (C) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
 ARTICLE; OR
   (C) A CERTIFICATION THAT A PRODUCT THAT IS SUBJECT  TO  FEDERAL  EFFI-
 CIENCY  STANDARDS  THAT SHALL HAVE BEEN CONTINUED IN THIS STATE PURSUANT
 TO SECTION 16-105 OF THIS ARTICLE COMPLIES WITH SUCH  EFFICIENCY  STAND-
 ARDS,  knowing that such product does not comply with [those] SUCH EFFI-
 CIENCY standards, shall be liable for a civil penalty of not  more  than
 ten  thousand  dollars for each such product certified and an additional
 penalty of not more than ten thousand dollars for each day during  which
 such violation continues.
   2.  Any  person  who  violates  the  provisions  of subdivision two of
 section 16-104 of this article, or  [who]  fails  to  perform  any  duty
 imposed  by  this article, or [who] violates or fails to comply with any
 rule, regulation, determination, or order [of] ADOPTED, MADE, OR  ISSUED
 BY  THE  PRESIDENT  OR  the secretary [of state promulgated] pursuant to
 this article, shall be liable for a civil penalty of not more than  five
 hundred  dollars for each such violation and an additional civil penalty
 of not more than one hundred dollars for  each  day  during  which  such
 violation  continues,  and,  in  addition  thereto,  such  person may be
 enjoined from continuing such violation.
   3. [The secretary may cause an investigation to be made of  complaints
 received concerning violations of this article and may refer the results
 of  such  investigations  to  the attorney general. The attorney general
 shall, at the request of the secretary, or may, on his  own  initiative,
 institute proceedings to enforce the provisions of this article.
   4.]  An  action or cause of action for the recovery of a penalty under
 this section may be settled or compromised in an amount to  be  approved
 by  the  secretary  either  before  or  after proceedings are brought to
 recover such penalties and prior to the entry for judgment therefor.
   § 19. The energy law is amended by adding a new section 16-109 to read
 as follows:
 A. 10439                           22
 
   § 16-109. CONFLICTS WITH OTHER LAWS.  NOTHING IN THIS  ARTICLE  OR  IN
 ANY  REGULATION ADOPTED PURSUANT TO THIS ARTICLE SHALL LIMIT, IMPAIR, OR
 SUPERSEDE THE PROVISIONS OF SUBDIVISION ONE  OF  SECTION  THREE  HUNDRED
 EIGHTY-THREE OF THE EXECUTIVE LAW OR THE PROVISIONS OF SUBDIVISION THREE
 OF SECTION 11-103 OF THIS CHAPTER.
   §  20.  Subparagraphs  14  and 15 of paragraph (a) of subdivision 3 of
 section 94-a of the executive law, as added by section 21 of part  A  of
 chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
 added to read as follows:
   (14)  cooperate  with  and assist consumers in class actions in proper
 cases; [and]
   (15) create an internet website or webpage pursuant to  section  three
 hundred  ninety-c  of  the  general business law[.], AS ADDED BY CHAPTER
 FIVE HUNDRED NINE OF THE LAWS OF TWO THOUSAND SEVEN; AND
   (16) EXERCISE SUCH POWERS AND DUTIES GRANTED TO THE SECRETARY BY ARTI-
 CLE SIXTEEN OF THE ENERGY LAW AS THE SECRETARY  MAY  DIRECT,  INCLUDING,
 BUT  NOT  LIMITED  TO: CONSULT WITH SUCH PRESIDENT OF THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN  CONNECTION  WITH  INVESTI-
 GATIONS  CONDUCTED  BY SUCH PRESIDENT PURSUANT TO ARTICLE SIXTEEN OF THE
 ENERGY LAW; MAKE DETERMINATIONS RELATING TO COMPLIANCE BY PRODUCTS  WITH
 THE  STANDARDS  ADOPTED  PURSUANT  TO ARTICLE SIXTEEN OF THE ENERGY LAW;
 ORDER THE IMMEDIATE CESSATION OF ANY DISTRIBUTION,  SALE  OR  OFFER  FOR
 SALE,  IMPORT,  OR  INSTALLATION  OF ANY PRODUCT THAT DOES NOT MEET SUCH
 STANDARDS; AND IMPOSE CIVIL PENALTIES AS CONTEMPLATED BY ARTICLE SIXTEEN
 OF THE ENERGY LAW.
   § 21. 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,  ENVIRONMENTAL
 CONSERVATION,  corrections and community supervision, education, health,
 labor, mental health and social services, office  of  general  services,
 division of housing and community renewal, THE PRESIDENT OF THE NEW YORK
 STATE  ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, and the superintendent
 of financial services.
   § 22. Subdivision 3 of section 374 of the executive law, as  added  by
 chapter 707 of the laws of 1981, is amended to read as follows:
   3. The council shall meet at least quarterly at the call of the chair-
 man.  Additional  meetings may be called upon at least five [days] DAYS'
 notice by the chairman or by petition of five members of the council.
   § 23. Subdivision 2 of section 97-www of the  state  finance  law,  as
 amended  by  section  53 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   2. Such account shall consist of all penalties received by the depart-
 ment of state pursuant to section three  hundred  ninety-nine-z  of  the
 general  business  law,  SECTION  16-106 OF THE ENERGY LAW and any addi-
 tional monies appropriated, credited or transferred to such  account  by
 the Legislature. Any interest earned by the investment of monies in such
 account shall be added to such account, become part of such account, and
 be used for the purposes of such account.
   § 24. A building code or other requirement applicable to commercial or
 residential  buildings  or  construction  may  not prohibit the use of a
 substance allowed pursuant to the United States Environmental Protection
 Agency's significant new alternatives  policy  to  implement  42  U.S.C.
 767lk,  provided that such substance and the refrigeration or air condi-
 A. 10439                           23
 
 tioning system or other equipment or products utilizing  such  substance
 are  designed,  installed, and used in accordance with nationally recog-
 nized published standards that  protect  building  occupant  safety  and
 reduce  fire  risks.  Substances  under review but not yet listed by the
 United States Environmental Protection  Agency  pursuant  to  42  U.S.C.
 767lk  may  be  allowed for use provided that such substance has a lower
 global warming potential than alternative substances and such  substance
 and  the  refrigeration or air conditioning system or other equipment or
 products utilizing such substance are designed, installed, and  used  in
 accordance  with  nationally recognized published standards that protect
 building occupant safety and reduce fire risks and,  if  such  substance
 contains any perfluoroalkyl and polyfluoroalkyl substances, has not been
 determined  by  the  department of environmental conservation to require
 additional study to determine the extent  of  any  environmental  and/or
 health impacts that may result from such use.
   §  25. This act shall take effect immediately; provided, however, that
 sections six through twenty-four of this act shall take  effect  on  the
 one  hundred  eightieth  day after it shall have become a law; provided,
 however, that the amendments to subdivision 4 of section 16-106  of  the
 energy  law  made  by  section  sixteen of this act shall not affect the
 repeal of such subdivision  and  shall  be  deemed  repealed  therewith.
 Effective  immediately,  the  addition,  amendment, and/or repeal of any
 rule or regulation necessary for the timely implementation of  this  act
 on  or  before  its  effective date are hereby authorized to be made and
 completed on or before such effective date.