2023 New York Laws › ENG - Energy › Article 16 - Appliance and Equipment Efficiency Standards › 16-106 - Powers and Duties of the President and the Secretary.

§ 16-106. Powers and duties of the president and the secretary. 1. The
president  in consultation with the secretary shall have and be entitled
to exercise the following powers and duties:
(a) To adopt regulations establishing  efficiency  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  efficiency 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  adopt  regulations  establishing  efficiency  standards  for
products not specifically listed  in  paragraphs  (a)  through  (xx)  of
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
regulated  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  manufacturers  of  such  product  to  certify that such
products meet the efficiency standards, if the president determines that
such manufacturer's certifications 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
regulations  establishing  efficiency standards similar to those adopted
by any other state  for  such  products,  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  regulated
product categories in this state. 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  manufacturers  of such product to certify
that such products meet  the  efficiency  standards,  if  the  president
determines that such manufacturer'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
meaningful  opportunities  for  public  comment from all segments of the
population 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 environmental 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
article;
(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,
investigations,  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 thirty-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 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
determinations 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
efficiency 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  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 pursuant to federal law.
2. (a) On or before January  first,  two  thousand  twenty-three,  the
president,  in  consultation with the secretary, shall adopt regulations
in accordance with the provisions of this article establishing:
(i) efficiency standards for new products of the types referred to  in
paragraphs  (a) through (f), paragraphs (h) through (y), paragraphs (aa)
through (jj) and paragraphs (mm) through  (xx)  of  subdivision  one  of
section 16-104 of this article;
(ii)  procedures for testing the efficiency of the new products 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;
(iii) procedures for manufacturers to certify that new products 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  efficiency standards to be 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
implementation and enforcement of the provisions of this article.
(b) With respect to the types of products  referred  to  in  paragraph
(g),  (z)  or  (kk) of subdivision one of section 16-104 of this article
(incandescent reflector lamps, general service lamps, and light emitting
diode  lamps),  the  president  shall  conduct  a  study   by   December
thirty-first,   two   thousand  twenty-three  to  determine  whether  an
efficiency standard for such products should be established, taking into
account factors including the potential  impact  on  electricity  usage,
product  availability  and  consumer  and environmental benefits. If 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
president shall adopt regulations in accordance with the  provisions  of
this article establishing efficiency standards for such products.
3. Subsequent to adopting regulations pursuant to subdivisions one and
two  of this section, the president, in consultation with the secretary,
may amend such regulations, including increasing the stringency  of  the
efficiency standards.
** 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
efficiency 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  efficiency  standards.  The
report shall also set forth the estimated potential annual reductions in
energy  use  and  potential  utility bill savings resulting from adopted
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 thousand  thirty-five.  Such  report  shall  be
updated  in  the same manner by March fifteenth, two thousand twenty-six
and two thousand thirty and 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.
** NB Repealed December 31, 2030
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
article 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  cooperation  in  connection  with  enforcement  proceedings
conducted by the secretary 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
consultation 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
article, through the consumer protection  division  established  by  the
secretary  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.