reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 502 - Reports By Generators Of Low-level Radioactive Waste › Section 502.6 - Materials incorporated by reference

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The term low-level radioactive waste is
				defined in section
				502.2 of this Part, in part, by
				Federal descriptions of Class A, B, or C radioactive waste as set forth in
				sections 61.55 and 61.56 of title 10, Code of Federal Regulations, as in effect
				on January 26, 1983 ("Federal provisions"). In summary, the Federal provisions
				are as follows. Of the three classes, Class A is the least and Class C the
				greatest potential hazard to the public and the environment. Classification is
				determined by concentration of long- and short-lived radionuclides. All three
				classes must meet minimum waste form and packaging characteristics to
				facilitate handling and worker protection. Class B and C radioactive wastes
				must also meet stability requirements intended to minimize water infiltration
				and leachability of radionuclides from the waste. Disposal of Class C
				radioactive waste requires measures to protect against inadvertent
				intrusion.
(b) The Federal
				provisions are set forth in subpart D, entitled "Technical Requirements for
				Land Disposal Facilities," of Part 61, entitled "Licensing Requirements for
				Land Disposal of Radioactive Waste," of the rules of the United States Nuclear
				Regulatory Commission, published in the first volume of title 10, entitled
				"Energy," of the Code of Federal Regulations,containing parts 0 to 199, revised
				as of January 1, 1986, on pages 645-647 of such volume. The publisher of the
				volume is the Office of the Federal Register, National Archives and Records
				Administration. A copy of the volume may be obtained by contracting the U.S.
				Government Printing Office, Washington, DC 20402. A copy of the volume is
				available for public inspection and copying at the offices of the authority,
				located at 17 Columbia Circle, Albany, NY 12203-6399.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 503 - Implementation Of State Environmental Quality Review Act › Section 503.1 - Purpose and application

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to supplement the provisions of the State Environmental
				Quality Review Act and the rules and regulations of the Department of
				Environmental Conservation promulgated thereunder, by providing a supplemental
				list of Type II actions specifically related to the particular activities of
				the New York State Energy Research and Development Authority.
(b) This Part shall apply to any action that
				the New York State Energy Research and Development Authority intends to carry
				out, fund, or approve.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 503 - Implementation Of State Environmental Quality Review Act › Section 503.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Definitions. In addition to the definitions contained in
				  section 8-0105 of the State Environmental Quality Review Act and 6 NYCRR 617.2,
				  the following definitions shall apply to this Part:
(a) Authority means the New York State Energy
				Research and Development Authority.
(b) NYCRR means the Official Compilation of
				the Codes, Rules and Regulations of the State of New York.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				purpose of this Part is to implement section
				2880 of
				the Public Authorities Law by detailing the authority's policy for making
				payment promptly on amounts properly due and owing by the authority under
				contracts. This Part constitutes the authority's prompt payment policy
				statement as required by that section.
(b) This Part generally applies to payments
				due and owing by the authority to a person or business in the private sector
				under a contract it has entered into with the authority on or after May 1,
				1988. This Part does not apply to payments due and owing:
(1) under the Eminent Domain Procedure
				Law;
(2) as interest allowed on
				judgments rendered by a court pursuant to any provision of law except section
				2880 of
				the Public Authorities Law;
(3) to
				the Federal government; to any State agency or its instrumentalities; to any
				duly constituted unit of local government, including but not limited to
				counties, cities, towns, villages, school districts, special districts or any
				of their related instrumentalities; to any other public authority or public
				benefit corporation; or to its employees when acting in, or incidental to,
				their public employment capacity;
(4) if the authority is exercising a legally
				authorized setoff against all or part of the payment; or
(5) if other State or Federal law or rule or
				regulation specifically requires otherwise.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following terms shall have the
				  following meanings, unless the context shall indicate another or different
				  meaning or intent:
(a) Authority means
				the New York State Energy Research and Development Authority.
(b) Contract means an enforceable agreement
				entered into between the authority and a contractor.
(c) Contractor means any person, partnership,
				private corporation or association:
(1)
				selling materials, equipment or supplies or leasing property or equipment to
				the authority pursuant to a contract;
(2) constructing, reconstructing,
				rehabilitating or repairing buildings, highways or other improvements for, or
				on behalf of, the authority pursuant to a contract; or
(3) rendering or providing services to the
				authority pursuant to a contract.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.3 - Prompt payment schedule

Current through Register Vol. 46, No. 28, July 10, 2024
Except as otherwise provided by law or regulation or in
				  sections 504.4 and
				  504.5 of this Part, the date of
				  payment by the authority of an amount properly due and owing under a contract
				  shall be no later than 30 calendar days, excluding legal holidays, after such
				  receipt.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.4 - Payment procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Unless
				otherwise specified by a contract provision, a proper invoice submitted by the
				contractor to the designated payment office shall be required to initiate
				payment for goods, property or services. As soon as any invoice is received in
				the designated payment office during normal business hours, such invoice shall
				be date-stamped. The invoice shall then promptly be reviewed by the
				authority.
(b) The authority shall
				notify the contractor within 15 calendar days after receipt of an invoice of:
(1) any defects in the delivered goods,
				property or services;
(2) any
				defects in the invoice; and
(3)
				suspected improprieties of any kind.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.5 - Exceptions and extension of payment due date

Current through Register Vol. 46, No. 28, July 10, 2024
The authority has determined that, notwithstanding the
				  provisions of sections
				  504.3 and
				  504.4 of this Part, any of the
				  following facts or circumstances, which may occur concurrently or
				  consecutively, reasonably justify extension of the payment due date.
(a) If the case of a payment which a contract
				provides will be made on a specific date or at a predetermined interval,
				without having to submit a written invoice, if any documentation, supporting
				data, performance verification, or notice specifically required by the contract
				or other State or Federal mandate has not been submitted to the authority on a
				timely basis, then the payment due date shall be extended by the number of
				calendar days from the date by which all such matter was to be submitted to the
				authority and the date when the authority has actually received such
				matter.
(b) If an inspection or
				testing period, performance verification, audit or other review or
				documentation independent of the contractor is specifically required by the
				contract or by other State or Federal mandate, whether to be performed by or on
				behalf of the authority or another entity, or is specifically permitted by the
				contract or by other State or Federal provision and the authority or other
				entity with the right to do so elects to have such activity or documentation
				undertaken, then the payment due date shall be extended by the number of
				calendar days from the date of receipt of an invoice to the date when any such
				activity or documentation has been completed, the authority has actually
				received the results of such activity or documentation conducted by another
				entity, and any deficiencies identified or issues raised as a result of such
				activity or documentation have been corrected or otherwise resolved.
(c) If an invoice must be examined by a State
				or Federal agency, or by another party contributing to the funding of the
				contract, prior to payment, then the payment due date shall be extended by the
				number of calendar days from the date of receipt of an invoice to the date when
				the State or Federal agency, or other contributing party to the contract, has
				completed the inspection, advised the authority of the results of the
				inspection, and any deficiencies identified or issues raised as a result of
				such inspection have been corrected or otherwise resolved.
(d) If appropriated funds from which payment
				is to be made have not yet been appropriated or, if appropriated, not yet been
				made available to the authority, then the payment due date shall be extended by
				the number of calendar days from the date of receipt of an invoice to the date
				when such funds are made available to the authority.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.6 - Interest eligibility and computation

Current through Register Vol. 46, No. 28, July 10, 2024
If the authority fails to make prompt payment, the authority
				  shall pay interest to a contractor on the payment when such interest computed
				  as provided herein is equal to or more than $10. Interest shall be computed at
				  the daily rate in effect on the date of payment, as set by the New York State
				  Tax Commission for corporate taxes pursuant to section
				  1096 (e)(1) of the Tax
				  Law. Interest on such a payment shall be computed for the period beginning on
				  the day after the payment due date and ending on the date of
				  payment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.7 - Sources of funds to pay interest

Current through Register Vol. 46, No. 28, July 10, 2024
Any interest payable by the authority pursuant to this Part
				  shall be paid only from the same accounts, funds, or appropriations that are
				  lawfully available to make the related contract payment.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.8 - Incorporation of prompt payment policy statement into contracts

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part in effect at the time of the
				  creation of a contract shall be incorporated into and made a part of such
				  contract and shall apply to all payments as they become due and owing pursuant
				  to the terms and conditions of such contract, notwithstanding that the
				  authority may subsequently amend this Part by further rule
				  making.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.9 - Notice of objection

Current through Register Vol. 46, No. 28, July 10, 2024
Unless a different procedure is specifically prescribed in a
				  contract, a contractor may object to any action taken by the authority pursuant
				  to this Part which prevents the commencement of the time in which interest will
				  be paid by submitting a written notice of objection to the authority. Such
				  notice shall be signed and dated and concisely and clearly set forth the basis
				  for the objection and be addressed to the Vice President, New York State Energy
				  Research and Development Authority, at the address set forth in section
				  504.2(e) of this
				  Part. The vice president of the authority, or his or her designee, shall review
				  the objection for purposes of affirming or modifying the authority's action.
				  Within 15 working days of the receipt of the objection, the vice president, or
				  his or her designee, shall notify the contractor either that the authority's
				  action is affirmed or that it is modified or that, due to the complexity of the
				  issue, additional time is needed to conduct the review; provided, however, in
				  no event shall the extended review period exceed 30 working
				  days.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.10 - Judicial review

Current through Register Vol. 46, No. 28, July 10, 2024
Any determination made by the authority pursuant to this Part
				  which prevents the commencement of the time in which interest will be paid is
				  subject to judicial review in a proceeding pursuant to article 78 of the Civil
				  Practice Law and Rules. Such proceedings shall only be commenced upon
				  completion of the review procedure specified in section
				  504.9 of this Part or any other
				  review procedure that may be specified in the contract or by other law, rule,
				  or regulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.11 - Court action or other legal processes

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Notwithstanding any other law to the
				contrary, the liability of the authority to make an interest payment to a
				contractor pursuant to this Part shall not extend beyond the date of a notice
				of intention to file a claim, the date of a notice of a claim, or the date
				commencing a legal action for the payment of such interest, whichever occurs
				first.
(b) With respect to the
				court action or other legal processes referred to in subdivision (a) of this
				section, any interest obligation incurred by the authority after the date
				specified therein pursuant to any provision of law other than Public
				Authorities Law, section 2880 shall be determined as prescribed by such
				separate provision of law, shall be paid as directed by the court, and shall be
				paid from any source of funds available for that purpose.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 504 - Prompt Payment Policy Statement › Section 504.12 - Amendments

Current through Register Vol. 46, No. 28, July 10, 2024
This Part may be amended by resolution of the authority,
				  provided that the chair, upon written notice to the other members of the
				  authority, may from time to time promulgate nonmaterial amendments of this
				  Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The purpose
				of these regulations is to implement procedures relating to requests for
				records or personal information by a data subject pursuant to the Personal
				Privacy Protection Law, in accordance with the provisions of article 6-A of the
				Public Officers Law. These procedures shall apply to records or personal
				information directly maintained by the authority and maintained under any
				contract it executes for the operation of a system of records, or for research,
				evaluation, or reporting by the authority or on its behalf.
(b) It is the intent of the authority to
				maintain in its records, except when a data subject has submitted unsolicited
				personal information, only such personal information that is relevant and
				necessary to accomplish a purpose of the authority that is required to be
				accomplished by statute or executive order or to implement a program
				specifically authorized by law. It is the intent of the authority to collect
				personal information directly from the data subject whenever practicable and to
				seek to ensure that all records used by the authority to make a determination
				about a data subject are accurate, relevant, timely, and complete.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Authority means
				the New York State Energy Research and Development Authority.
(b) Committee means the Committee on Open
				Government as constituted pursuant to subdivision 1 of section
				89 of the
				Public Officers Law.
(c) Data
				subject means any natural person about whom personal information has been
				collected by the authority.
(d)
				Disclose means to reveal, release, transfer, disseminate, or otherwise
				communicate personal information or records orally, in writing, or by
				electronic or any other means other than to the data subject.
(e) Governmental unit means any governmental
				entity performing a governmental or proprietary function for the Federal
				government or for any state or any municipality thereof.
(f) Law means State statute, Federal statute,
				rule, or regulation.
(g) Personal
				information means any information concerning a data subject which, because of
				name, number, symbol, mark, or other identifier, can be used to identify that
				data subject.
(h) Record means any
				item, collection, or grouping of personal information about a data subject
				which is maintained and is retrievable by use of the name or other identifier
				of the data subject irrespective of the physical form or technology used to
				maintain such personal information. The term record shall not include personal
				information which is not used to make any determination about the data subject
				if it is:
(1) a telephone book or directory
				which is used exclusively for telephone and directory information;
(2) any card catalog, book, or other resource
				material in any library;
(3) any
				compilation of information containing names and addresses only which is used
				exclusively for the purpose of mailing authority information;
(4) personal information required by law to
				be maintained, and required by law to be used, only for statistical research or
				reporting purposes;
(5) information
				requested by the authority which is necessary for the authority to answer
				unsolicited requests by the data subject for information; or
(6) correspondence files.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.3 - Assignment of responsibilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				privacy compliance officer is designated the officer responsible for ensuring
				that the authority complies with the provisions of the Personal Privacy
				Protection Law and the regulations in this Part.
(b) The address of the privacy compliance
				officer is New York State Energy Research and Development Authority, 17
				Columbia Circle, Albany, NY 12203-6399.
(c) The privacy compliance officer is
				responsible for:
(1) assisting a data subject
				in identifying and requesting a record or personal information, if
				necessary;
(2) describing the
				contents of systems of records orally or in writing in order to enable a data
				subject to learn if a system of records includes a record or personal
				information identifiable to a data subject requesting such record or personal
				information;
(3) taking one of the
				following actions:
(i) making the record or
				personal information available to the data subject for inspection in a printed
				form without codes or symbols, unless an accompanying document explaining such
				codes or symbols is also provided;
(ii) providing the data subject with a copy
				of the record or personal information upon payment of or offer to pay the fee
				set forth in section
				505.10 of this Part;
(iii) denying access to the record or
				personal information in whole or in part and explaining in writing the reasons
				therefor;
(iv) providing
				notification that the authority does not have possession of the record or
				personal information sought;
(v)
				providing notification that the authority cannot locate the record or personal
				information sought after having made a diligent search; or
(vi) providing notification that the record
				or personal information sought cannot be retrieved by use of the description
				thereof, or by use of the name or other identifier of the data subject without
				extraordinary search methods being employed by the authority; and
(4) keeping an accurate accounting
				of the date, nature, and purpose of each disclosure of a record or personal
				information when required by section
				94 of the
				Public Officers Law, and the name and address of the person or governmental
				unit to whom the disclosure is made and retaining such accounting for at least
				five years after the disclosure for which the accounting is made or for the
				life of the record disclosed, whichever is longer; and
(5) upon request, certifying that a copy of a
				record or personal information is a true copy or that it does not have
				possession of a record or such record cannot be found after diligent
				search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.4 - Proof of identity

Current through Register Vol. 46, No. 28, July 10, 2024
(a) When
				records or personal information are made available in person following a
				written request from a data subject, the authority may require appropriate
				identification, such as a driver's license, an identifier assigned to the data
				subject by the authority, a photograph or similar information that confirms
				that the record or personal information sought pertains to the data subject.
				When a request is made by mail, the authority may require verification of a
				signature or inclusion of an identifier generally known only by a data subject,
				or similar appropriate identification that confirms that the record or personal
				information sought pertains to the data subject.
(b) Proof of identity shall not be required
				regarding a request for a record or personal information accessible to the
				public pursuant to article 6 of the Public Officers Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.5 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records containing personal information shall be made
				  available for public inspection and copying at: 17 Columbia Circle, Albany, NY
				  12203-6399.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.6 - Hours for public inspection and copying

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records of personal information
				  shall be accepted and records produced during all hours the authority is
				  regularly open for business. These hours are 8:30 a.m.-5:00
				  p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.7 - Requests for records and personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests for personal information
				shall be made in writing.
(b) A
				request shall reasonably describe the records and personal information sought.
				Whenever possible the data subject should supply identifying information that
				assists the authority in locating the records or personal information
				sought.
(c) Within five business
				days of the receipt of a request, the authority shall provide access to the
				record or personal information, deny access in writing explaining the reasons
				therefor or acknowledge the receipt of the request in writing, stating the
				approximate date when the request will be granted or denied.
(d) Upon a data subject's voluntary request
				the authority shall permit a person of the data subject's choosing to accompany
				the data subject when reviewing and obtaining a copy of a record or personal
				information, provided that the authority may require the data subject to
				furnish a written statement authorizing discussion of the record or personal
				information in the accompanying person's presence.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.8 - Amendment of records and personal information

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within 30 business days of a request from
				the data subject for correction or amendment of a record or personal
				information that is reasonably described and that pertains to the data subject,
				the authority shall:
(1) make the amendment
				or correction in whole or in part and inform the data subject that, on request,
				such correction or amendment will be provided to any person or governmental
				unit to which the record or personal information has been or is disclosed;
				or
(2)
(i) inform the data subject in writing of the
				denial of the request to correct or amend the record or personal information,
				including the reasons therefor; and
(ii) notify the data subject that an appeal
				of the decision may be made to the president and chief executive officer of the
				authority at the address set forth in section
				505.3(b) of this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.9 - Appeal of a denial of a request for access to a record or a denial of a request for correction of a record

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any data subject denied access to a
				record or personal information or denied a request to amend or correct a record
				or personal information may, within 30 days of such denial, appeal in writing
				to the president and chief executive officer of the authority.
(b) The time for deciding an appeal shall
				commence upon receipt of an appeal that identifies:
(1) the date the request for a record or
				personal information or amendment or correction of a record or personal
				information was denied and a copy of the denial;
(2) the record or personal information that
				is the subject of the appeal; and
(3) the name and return address of the
				appellant.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.10 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
Copies of records or personal information shall be provided
				  upon the payment of or offer to pay a fee of 25 cents a page for copies not
				  exceeding 9 x 14 inches, or the actual cost of reproducing such records if
				  larger copies are required. If records are copied electronically to computer
				  disk or to other media, copies will be provided upon the payment of or the
				  offer to pay the cost of the computer disk or other such media, and any other
				  actual costs incurred by the authority. If it is not practical for the
				  authority to photocopy or electronically copy any such record, it will be
				  copied commercially if the person requesting the copy pays or offers to pay the
				  fee equal to the cost of such commercial reproduction.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 505 - Personal Privacy Protection › Section 505.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstances is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 506 - Purchase Of Energy Efficient Products › Section 506.1 - Scope and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				provisions of this Part shall apply to purchases by or for the State or any
				agency thereof of a new or replacement energy using product and to building
				designs or specifications for new construction and for substantial renovation
				of any existing building owned or leased in whole by a State agency.
(b) The purpose of this Part is to establish
				minimum energy efficiency standards for energy using products purchased by or
				for a State agency. The standards are designed to achieve cost effective
				savings to the maximum extent practicable, taking into account market
				availability.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 506 - Purchase Of Energy Efficient Products › Section 506.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For purposes of this Part, the terms hereinafter listed shall
				  have the following meanings, unless the context clearly indicates
				  otherwise.
(a) Btu means British
				thermal unit.
(b) Building addition
				means an extension or increase in the floor area or height of an existing
				building beyond the existing building envelope.
(c) Building designs or specifications means
				any designs, plans, drawings, descriptions, or specifications for new
				construction or substantial renovation of existing buildings owned or leased in
				whole by a State agency.
(d) Energy
				using product means any device or product operated by electricity, natural gas,
				fuel oil, gasoline, methanol, or other energy source for which an energy
				efficiency standard has been established pursuant to section
				506.4 of this Part.
(e) New construction means construction of a
				new building or a building addition.
(f) Purchase means to acquire from or through
				a manufacturer, retailer, wholesaler, marketer, builder, developer, or other
				person in the business of selling, installing, repairing, procuring, or
				providing an energy using product.
(g) State agency means any State department,
				agency, board, benefit corporation, public authority, or commission.
(h) Substantial renovation means the
				replacement of more than 50 percent of a building subsystem within any
				consecutive 12-month period.
(i)
				Subsystem means a building assembly or building set of units made up of various
				components that serve a specific function, including, but not limited to,
				exterior walls, windows, doors, roofs, ceilings, floors, lighting, piping, duct
				work, insulation, HVAC system equipment or components, electrical appliances,
				and plumbing appliances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 506 - Purchase Of Energy Efficient Products › Section 506.3 - Purchase of an energy-using product; building designs and specifications

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Except as
				otherwise provided in section
				506.5 of this Part, neither a
				State agency nor other person making a purchase on behalf of a State agency for
				a building owned or leased in whole by a State agency shall purchase an energy
				using product, unless such energy using product meets the applicable minimum
				energy efficiency standard set forth in section
				506.4 of this Part.
(b) All building designs or specifications by
				or for a State agency shall incorporate energy using products which meet the
				applicable minimum energy efficiency standards set forth in section
				506.4 of this Part.
(c) Nothing herein contained shall be
				construed to prohibit the purchase of an energy using product that is more
				energy efficient than the applicable minimum energy efficiency standard set
				forth in section
				506.4 of this Part.
(d) A written representation stating the
				energy efficiency of an energy using product from a manufacturer, retailer,
				wholesaler, marketer, or other person in the business of selling or providing
				the energy using product; from a builder, developer, or other contractor who
				procures, sells, or provides the energy using product; or from a person
				qualified to determine the efficiency of an energy using product such as a
				nationally recognized independent testing laboratory or certification program
				may be relied upon in determining whether the requirements of this Part have
				been met.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 506 - Purchase Of Energy Efficient Products › Section 506.4 - Minimum energy efficiency standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Fluorescent lamp ballasts.
(1)
Fluorescent lamp ballasts
mean devices that are used to start
				and operate fluorescent lamps by providing starting voltages and current and by
				limiting the current during normal operation. Fluorescent lamp ballasts shall
				not include devices capable of being dimmed to 50 percent or less of their
				maximum output, and devices designed for operation at ambient temperatures of
				-20 degrees Fahrenheit or less.
(2)
				For replacement T8 fluorescent lamp ballasts powering 32 watt or 59 watt lamps
				that are designed to operate at nominal input of 120 or 277 volts and have
				input current frequencies of 60 Hertz, the minimum energy efficiency standards
				shall be the minimum ballast efficacy factors set forth in Table 5.1 of this
				section determined in accordance with the test procedures set forth in 10
Code of Federal Regulations
(CFR) part 430, subpart B,
				appendix Q (see section
				506.6 of this Part). For
				fluorescent lamp ballasts in new construction, no T12 ballast shall be
				purchased and the minimum energy efficiency standards for T8 ballasts powering
				32 watt or 59 watt lamps that are designed to operate at nominal input of 120
				or 277 volts and have input current frequencies of 60 Hertz shall be the
				ballast efficacy factors set forth in Table 5.1 of this section determined in
				accordance with the test procedures set forth in 10
Code of Federal
				Regulations
(CFR) part 430, subpart B, appendix Q (see section
				506.6 of this Part).
Table 5.1
Minimum Energy Efficient Standards: Ballast Efficacy
				  Factorsa for T8 Fluorescent Lamp
				  Ballasts
Type and number of
								lamps
F32T8 (32
								Watt)
Ballast type
1 lamp
2 lamp
3 lamp
4 lamp
2 lamp
Rapid Start
2.61
1.41
0.96
0.72
NA
Instant Start
2.84
1.49
1.04
0.79
0.79
___ 
				  a
Ballast efficacy factor
				  (BEF)
means the ratio of the ballast factor to input watts; it
				  identifies the efficacy of a lamp/ballast system in comparison to other systems
				  using the same type and number of lamps.
Ballast factor
means
				  the ratio of the light output of a lamp(s) operated by a ballast, to the light
				  output of the same lamp(s) operated by a reference ballast at rated current and
				  voltage.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 506 - Purchase Of Energy Efficient Products › Section 506.5 - Waivers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A State agency
				may waive a minimum energy efficiency standard set forth in section
				506.4 of this Part for any
				purchase or for inclusion in any building designs or specifications, if it
				determines that the purchase for a particular building or the inclusion in any
				particular building designs or specifications of an energy using product
				meeting such standard:
(1) would be
				inconsistent with public health or safety;
(2) would not be in compliance with Federal,
				State, or local law or regulation, permit, administrative or judicial order, or
				other requirement;
(3) would be
				incompatible with or adversely affect the operation of other building systems
				or equipment in accordance with the purposes for which they are to be
				used;
(4) would cause energy losses
				or inefficiencies in other systems, equipment, or elements of the building that
				would exceed the energy savings of using such energy using product;
(5) would necessitate substantial revisions
				or alterations to other existing systems, equipment, or elements of the
				building, or would create an undue burden in operating and maintaining the
				building;
(6) cannot be done in a
				timely manner because purchase of such energy using product is immediately
				necessary on a limited and temporary basis for the protection or preservation
				of life, property, or health;
(7)
				would apply to an historic building eligible for or listed on the State or
				National Register of Historic Places or be significantly inconsistent with the
				historic, aesthetic, cultural, or archeological character of the building;
				or
(8) would result in a
				substantial delay of the purchase of an energy using product or have a
				substantial adverse effect on the construction of a new building or substantial
				renovation of an existing building because:
(i) the energy using product is not widely
				available; or
(ii) the building
				specifications have been approved, construction or pre-installation renovation
				or other work has commenced, or substantial design has been completed prior to
				the effective date of a standard.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 507 - CO2 Allowance Auction Program › Section 507.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to provide for the administration
				  and implementation by the New York State Energy Research and Development
				  Authority ("authority") of CO 2 allowance auctions and
				  programs to promote the purposes of the energy efficiency and clean energy
				  technology account ("the account") as provided by the CO
				  2 Budget Trading Program at 6 New York Codes, Rules and
				  Regulations (NYCRR) Part 242. This Part complements the provisions of the CO
				  2 Budget Trading Program, which was established by the
				  New York State Department of Environmental Conservation to stabilize and then
				  reduce anthropogenic emissions of CO 2, a greenhouse
				  gas, from CO 2 budget sources in an economically
				  efficient manner.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 507 - CO2 Allowance Auction Program › Section 507.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
Part 507 incorporates by reference the definitions
				  established by the Department at 6 NYCRR Part 242. In addition, the following
				  definitions apply:
(a) Ascending
				Price, Multiple Round Auction: A multiple round auction starting with an
				opening price with increases each round by predetermined increments. In each
				round, bidders offer the quantity they are willing to purchase at the posted
				price. Rounds continue so long as demand exceeds the quantity offered for sale.
				At the completion of the final round, allowances may be allocated, subject to
				Section 507.6:
(i) at the final price to remaining bidders
				and withhold unsold allowances for a future auction, or
(ii) at the penultimate price, first to final
				round bidders and then to bidders in the penultimate round in chronological
				order of bid during the penultimate round for all remaining allowances,
				or
(iii) according to an
				alternative mechanism designed to effectuate the objectives of this
				Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 507 - CO2 Allowance Auction Program › Section 507.3 - Multi-state auctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				authority shall participate in a multi-state CO 2
				allowance auction or auctions if the authority determines, in consultation with
				the committee, that:
(1) a multi-state auction
				capability and process is in place for the participating states;
(2) the multi-state auction can provide
				benefits that meet or exceed the objectives of the auction and purposes of the
				account, as described in this Part; and
(3) the multi-state auction process would be
				consistent with the process described in this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 507 - CO2 Allowance Auction Program › Section 507.4 - The energy efficiency and clean energy technology account

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The Authority
				will establish and administer the Account in accordance with the provisions of
				6 NYCRR Part 242-1.2(35) and 242-5.3.
(b) The Authority will administer the Account
				in such a manner that allowances allocated to the Account by the Department
				from the CO2 Budget Trading Program will be made available for sale in CO2
				Allowance Auctions as described in this Part.
(c) The proceeds of the CO2 Allowance
				Auctions will be placed into a segregated Authority funding account, and shall
				not be commingled with other Authority funds.
(d) The proceeds of the CO2 Allowance
				Auctions will be used by the Authority to promote and implement programs for
				energy efficiency, renewable or non-carbon emitting technologies, and
				innovative carbon emissions abatement technologies with significant carbon
				reduction potential, where such investments will be consistent with the
				provisions of the Climate Leadership and Community Protection Act, including
				Section
				75-0117 of the environmental
				conservation law, which established a goal for disadvantaged communities to
				receive 40%, and no less than 35%, of the overall benefits from the investment
				of the proceeds, and for reasonable administrative costs incurred by the
				Authority in undertaking the activities described in Part 507 and for
				administrative costs, auction design and support costs, and program design and
				support costs associated with the CO2 Budget Trading Program, whenever
				incurred.
(e) At least annually,
				the Authority shall convene an advisory group of stakeholders representing a
				broad array of energy and environmental interests to advise it on how to best
				utilize said funds to achieve the goals of the Account.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XI - New York State Energy Research And Development Authority › Part 507 - CO2 Allowance Auction Program › Section 507.5 - Implementation of CO(2) allowance auctions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The authority will design, implement and
				administer CO 2 allowance auctions in accordance with
				the objectives identified in 6 NYCRR Part 242.
(b) Implementation and administrative support
				functions for any auction conducted pursuant to this Part and with respect to
				the administration of the account may be delegated by the authority to a
				designee deemed qualified by the authority to perform such functions, provided
				that such designee shall perform all such functions under the direction and
				oversight of the authority.