2023 New York Laws › ENG - Energy › Article 16 - Appliance and Equipment Efficiency Standards › 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
construction;
(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.