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SECTION 16-106
Administration of article
Energy (ENG) CHAPTER 17-A, ARTICLE 16
§ 16-106. Administration of article. 1. The secretary, in consultation
with the president, shall have and be entitled to exercise the following
powers and duties:

(a) To establish energy efficiency performance standards for the
products listed in subdivision one of section 16-104 of this article,
including but not limited to, establishing energy efficiency performance
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-passive-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
thereto;

(d) To order, pursuant to section 16-104 of this article, the
immediate 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;

(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
article;

(f) To accept grants or funds for purposes of administration of this
article;

(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.

2. (a) On or before June thirtieth, two thousand six, the secretary,
in consultation with the president, 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
in paragraphs (a) through (n) 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 products covered by paragraphs (a) through (n) of subdivision one of
section 16-104 of this article; (iii) procedures for manufacturers to
certify that products covered under this article meet the energy
efficiency standards to be promulgated under this article; and (iv) such
further matters as are necessary to insure the proper implementation and
enforcement of the provisions of this article. With respect to
incandescent reflector lamps, included in paragraph (g) of subdivision
one of section 16-104 of this article, the secretary, in consultation
with the president, shall conduct a study to determine whether an energy
efficiency performance standard for such product should be established,
taking into account factors including the potential impact on
electricity usage, product availability and consumer and environmental
benefits. If it is determined based on this study that such a standard
would reduce energy use and would not be preempted by the federal law,
the secretary, in consultation with the president, shall adopt
regulations in accordance with the provisions of this article
establishing energy performance standards for such product on or before
January first, two thousand eight.

(b) With respect to the products defined in subdivision seven of
section 16-102 of this article (very large commercial package air
conditioning and heating equipment), subdivision nine of section 16-102
of this article (commercial refrigerators, freezers and refrigerator -
freezers), subdivision twenty-three of section 16-102 of this article
(metal halide lamp fixtures) and subdivision three of section 16-102 of
this article (automatic commercial ice-cube makers), the secretary shall
issue regulations pursuant to paragraph a of this subdivision
establishing energy efficiency performance standards for such products
at the following levels and with the following compliance dates:

(i) very large commercial package air conditioning and heating
equipment. Each very large commercial package air conditioning and
heating equipment sold, offered for sale or installed in New York state
on or after January first, two thousand ten shall, when tested according
to the test standard specified in Air-Conditioning and Refrigeration
Institute standard 340/360-2004, meet the following standards:

(A) The minimum energy efficiency ratio of air-cooled central air
conditioners at or above two hundred forty thousand BTU per hour
(cooling capacity) and less than seven hundred sixty thousand BTU per
hour (cooling capacity) shall be

(I) 10.0 for equipment with no heating or electric resistance heating
and;

(II) 9.8 for equipment with all other heating system types that are
integrated into the equipment (at a standard rating of ninety-five
degrees Fahrenheit dB).

(B) the minimum energy efficiency ratio of air-cooled central air
conditioner heat pumps at or above two hundred forty thousand BTU per
hour (cooling capacity) and less than seven hundred sixty thousand BTU
per hour (cooling capacity) shall be

(I) 9.5 for equipment with no heating or electric resistance heating;
and

(II) 9.3 for equipment with all other heating system types that are
integrated into the equipment (at a standard rating of ninety-five
degrees Fahrenheit dB).

(C) the minimum coefficient of performance in the heating mode of
air-cooled central air conditioning heat pumps at or above two hundred
forty thousand BTU per hour (cooling capacity) and less than seven
hundred sixty thousand BTU per hour (cooling capacity) shall be 3.2 (at
a high temperature rating of forty-seven degrees Fahrenheit dB);

(ii) commercial refrigerators and freezers. (A) Each commercial
refrigerator, freezer, and refrigerator-freezer with a self-contained
condensing unit designed for holding temperature applications sold,
offered for sale or installed in New York state on or after January
first, two thousand ten shall have a daily energy consumption (in
kilowatt hours per day) not to exceed:

(I) refrigerators with solid doors 0.10 V + 2.04

(II) refrigerators with transparent doors 0.12 V + 3.34

(III) freezers with solid doors 0.40 V + 1.38

(IV) freezers with transparent doors 0.75 V + 4.10

(V) refrigerators/freezers with solid doors the greater of:
0.27AV-0.71 or 0.70

(B) Each commercial refrigerator with a self-contained condensing unit
designed for pull-down temperature applications sold, offered for sale
or installed in New York state on or after January first, two thousand
ten shall have a daily energy consumption (in kilowatt hours per day)
not to exceed: refrigerators with transparent doors 0.126 V + 3.51.

(iii) metal halide lamp fixtures. Each metal halide lamp fixture that
is sold, offered for sale or installed in New York state on or after
January first, two thousand eight and that operates a lamp in a vertical
position (including fixtures that operate lamps rated for use within
fifteen degrees of vertical) and that is capable of operating lamps
rated equal to or greater than one hundred fifty Watts and less than or
equal to five hundred Watts shall not contain a probe start metal-halide
ballast.

(iv) automatic commercial ice-cube maker. Each automatic commercial
ice-cube maker, that produces cube-type ice with capacities between
fifty and two thousand five hundred pounds per twenty-four hour period
sold, offered for sale or installed in New York state on or after
January first, two thousand ten, when tested according to the test
standard specified in air-conditioning and refrigeration institute
standard 810-2003, as in effect on January first, two thousand five,
shall meet the following standard levels:

(A) H means the harvest rate in pounds per twenty-four hours. For
water-cooled equipment, water use is for the condenser only and does not
include potable water used to make ice.

(B) For ice making head water-cooled equipment the maximum condenser
water use in gal/one hundred pounds of ice shall be 200-0.022H and the
maximum energy use with a harvest rate of:

(I) < 500 shall be 7.8-0.0055H;

(II) 500 and < 1,436 shall be 5.58-0.0044H

(III) 1,436 and < 2,500 shall be 4.0

(C) For ice making head air-cooled equipment the maximum energy use
with a harvest rate of:

(I) < 450 shall be 10.26-0.0086H;

(II) 450 and < 2,500 shall be 6.89-0.0011H

(D) For remote condensing but not remote compressor air-cooled
equipment the maximum energy use with a harvest rate of:

(I) < 1,000 shall be 8.85 - 0.0038H;

(II) 1,000 and < 2,500 shall be 5.10

(E) For remote condensing and remote compressor air-cooled equipment
the maximum energy use with a harvest rate of:

(I) < 934 lbs shall be 8.85 - 0.0038H;

(II) 934 and < 2,500 shall be 5.3

(F) For self-contained water-cooled equipment the maximum condenser
water use in gal/100 lbs of Ice shall be 191 - 0.0315H and the maximum
energy use with a harvest rate of:

(I) < 200 shall be 11.4 - 0.019H;

(II) 200 and < 2,500 shall be 7.6

(G) For self-contained air-cooled equipment the maximum energy use
with a harvest rate of:

(I) < 175 shall be 18.0 - 0.0469H

(II) 175 and < 2,500 shall be 9.8

(c) On or before December thirty-first, two thousand ten, the
secretary, in consultation with the president, 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 in paragraphs (o) through (s) of subdivision one of section
16-104 of this article; (ii) procedures for testing the energy
efficiency of the products covered by paragraphs (o) through (s) of
subdivision one of section 16-104 of this article; (iii) procedures for
manufacturers to certify that products covered by paragraphs (o) through
(s) of subdivision one of section 16-104 of this article meet the energy
efficiency standards promulgated under this article; and (iv) such
further matters as are necessary to insure the proper implementation and
enforcement of the provisions of this article with respect to the
products covered by paragraphs (o) through (s) of subdivision one of
section 16-104 of this article.

3. Subsequent to adopting regulations pursuant to subdivisions one and
two of this section, the secretary, in consultation with the president,
may amend such regulations, including increasing the stringency of the
energy efficiency performance 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
assembly committee on energy and the chair of the senate committee on
energy and telecommunications on the status of regulations establishing
energy efficiency performance standards pursuant to this article, which
shall indicate for each product enumerated in subdivision one of section
16-104 of this article the status of the implementation of performance
standards. The report shall also set forth the estimated potential
annual reductions in energy use and potential utility bill savings
resulting from adopted performance 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 thousand thirty-five. Such
report shall be updated by March fifteenth, two thousand thirty and a
copy shall be posted by March fifteenth, two thousand thirty on the
websites of the authority and the department of state.

* NB Repealed December 31, 2030