NY Energy L § 8-106 (2021)
2021 New York Laws ENG - Energy Article 8 - State Lighting Efficiency Standards for Existing Public Buildings Act 8-106 - Administration and Enforcement.

§  8-106. Administration and enforcement.  1. With respect to existing   buildings owned by the state, this article shall be administered by  the   commissioner  and  the  standards  enforced  by  the  office  of general   services  in  accordance  with  procedures  to  be  developed   by   the   commissioner  after  consultation with the commissioner of the office of   general services. The commissioner may request any department, division,   board, bureau,  commission,  or  other  state  agency  to  provide  such   information,   data  and  assistance  as  is  necessary  to  enable  the   commissioner to effectuate  the  purposes  of  this  article,  and  such   departments,  divisions,  boards,  bureaus,  commissions and other state   agencies are  authorized  to  provide,  to  the  extent  feasible,  such   information, data and assistance.2.  With  respect to existing buildings owned by any municipality, the   administration  and  enforcement  of  the   standards   shall   be   the   responsibility   of   such   municipality   and   the   manner  of  such   administration and enforcement shall  be  prescribed  by  local  law  or   ordinance  or  by  order or resolution of the governing body of any such   municipality.3. a. With respect to all other existing buildings, the administration   and enforcement of the standards shall  be  the  responsibility  of  the   office,  provided,  however,  that  the  commissioner  may enter into an   agreement with any city, town or village delegating all or part of  such   responsibility.  On  or before April first, nineteen hundred eighty, the   office shall adopt regulations  providing  for  the  administration  and   enforcement  of  such  standards  as  well  as  providing  for  the wide   dissemination of such standards to the general public. Such  regulations   shall  include  a  requirement  that  the owner of record of an existing   building or  a  real  estate  management  company  responsible  for  the   management  and  operation of any such building or the tenant or tenants   of leased premises in any such building, submit sworn statements to  the   office, or where applicable, to such a city, town or village, certifying   that  the  building  or  leased premises are in full compliance with the   standards, or alternatively, that the building or leased  premises  will   be  in  such  compliance  on  or  before October first, nineteen hundred   eighty-one.b. Any person who knowingly  fails  to  submit  such  a  certification   statement  as  required  by  this subdivision or the regulations adopted   hereunder or who knowingly fails to bring  such  a  building  or  leased   premises  into  compliance with the standards by October first, nineteen   hundred eighty-one, shall be liable for a civil penalty  of  up  to  one   thousand  dollars. The attorney general is hereby authorized to commence   an action or special proceeding in any court of  competent  jurisdiction   in  the state in the name of the people of the state to recover any such   penalty,  or  for  injunctive  relief  to  compel  compliance  with  the   standards,  when  requested  to  do  so  by the commissioner. All monies   recovered in any such action or special proceeding,  together  with  the   costs thereof shall be paid into the state treasury to the credit of the   general  fund.  Any  such  action  or  proceeding  may be compromised or   discontinued on application of the commissioner upon such terms  as  the   court shall approve and order.4. Where the commissioner has entered into an agreement with any city,   town  or  village, delegating all or part of the office's responsibility   for the administration and enforcement of the standards, any officer  or   department designated by a local law or ordinance of any such city, town   or  village  shall  have  power  to conduct investigations regarding the   compliance with the provisions of this subdivision and to  institute  an   action  or  special proceeding in any court of competent jurisdiction to   enjoin any violation of this subdivision  and  to  recover  the  penalty    specified. All monies recovered in any such action or special proceeding   together  with  the costs thereof, shall be paid to the treasurer of any   such city, town or village and be available for any lawful city, town or   village purpose.