N.Y. Energy Law § 8-106: Administration and enforcement

§ 8-106. Administration and enforcement. 1. With respect to existing

buildings owned by the state, this article shall be administered by the

commissioner and the standards enforced by the office of general

services in accordance with procedures to be developed by the

commissioner after consultation with the commissioner of the office of

general services. The commissioner may request any department, division,

board, bureau, commission, or other state agency to provide such

information, data and assistance as is necessary to enable the

commissioner to effectuate the purposes of this article, and such

departments, divisions, boards, bureaus, commissions and other state

agencies are authorized to provide, to the extent feasible, such

information, data and assistance.

2. With respect to existing buildings owned by any municipality, the

administration and enforcement of the standards shall be the

responsibility of such municipality and the manner of such

administration and enforcement shall be prescribed by local law or

ordinance or by order or resolution of the governing body of any such

municipality.

3. a. With respect to all other existing buildings, the administration

and enforcement of the standards shall be the responsibility of the

office, provided, however, that the commissioner may enter into an

agreement with any city, town or village delegating all or part of such

responsibility. On or before April first, nineteen hundred eighty, the

office shall adopt regulations providing for the administration and

enforcement of such standards as well as providing for the wide

dissemination of such standards to the general public. Such regulations

shall include a requirement that the owner of record of an existing

building or a real estate management company responsible for the

management and operation of any such building or the tenant or tenants

of leased premises in any such building, submit sworn statements to the

office, or where applicable, to such a city, town or village, certifying

that the building or leased premises are in full compliance with the

standards, or alternatively, that the building or leased premises will

be in such compliance on or before October first, nineteen hundred

eighty-one.

b. Any person who knowingly fails to submit such a certification

statement as required by this subdivision or the regulations adopted

hereunder or who knowingly fails to bring such a building or leased

premises into compliance with the standards by October first, nineteen

hundred eighty-one, shall be liable for a civil penalty of up to one

thousand dollars. The attorney general is hereby authorized to commence

an action or special proceeding in any court of competent jurisdiction

in the state in the name of the people of the state to recover any such

penalty, or for injunctive relief to compel compliance with the

standards, when requested to do so by the commissioner. All monies

recovered in any such action or special proceeding, together with the

costs thereof shall be paid into the state treasury to the credit of the

general fund. Any such action or proceeding may be compromised or

discontinued on application of the commissioner upon such terms as the

court shall approve and order.

4. Where the commissioner has entered into an agreement with any city,

town or village, delegating all or part of the office's responsibility

for the administration and enforcement of the standards, any officer or

department designated by a local law or ordinance of any such city, town

or village shall have power to conduct investigations regarding the

compliance with the provisions of this subdivision and to institute an

action or special proceeding in any court of competent jurisdiction to

enjoin any violation of this subdivision and to recover the penalty

specified. All monies recovered in any such action or special proceeding

together with the costs thereof, shall be paid to the treasurer of any

such city, town or village and be available for any lawful city, town or

village purpose.