NY Energy L § 16-106 (2021)
2021 New York Laws ENG - Energy Article 16 - Appliance and Equipment Energy Efficiency Standards 16-106 - Administration of Article.

§ 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