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This entry was published on 2023-01-06
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SECTION 16-104
Applicability, conduct prohibited
§ 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
standards 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; (s) replacement dedicated-purpose pool pump
motors; (t) air compressors; (u) air purifiers; (v) commercial
dishwashers; (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) commercial ovens; (oo) commercial clothes dryers; (pp)
commercial and industrial fans and blowers; (qq) imaging equipment; (rr)
landscape irrigation 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 state
any new product of the types enumerated in paragraphs (a) through (xx)
of subdivision one of this section, 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
new product that is subject to any federal efficiency standard that
shall have been continued in this state pursuant to section 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
standard 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
efficiency 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 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 manufactured homes at the time of

(d) products designed expressly for installation and use in
recreational 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
appliances, equipment or fixtures shall be subject to approval by the
commissioner 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
cybersecurity 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.