N.Y. Energy Law § 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.