N.Y. Energy Law § 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.