N.Y. Energy Law 16-105 – Adoption of certain federal efficiency standards
§ 16-105. Adoption of certain federal efficiency standards. 1. The federal efficiency standard established in 10CFR Parts 430 and 431, as in effect on January first, two thousand eighteen shall be applicable to products which are subject to such federal efficiency standards and which are sold, offered for sale, or installed in New York state. So long as such federal efficiency standards remain in effect as federal efficiency standards, they shall be enforced as provided by federal law. The president shall adopt by regulation all such federal efficiency standards and provided that, if any such federal efficiency standard is withdrawn, repealed, voided, or otherwise ceases to remain in effect as a federal efficiency standard:
Terms Used In N.Y. Energy Law 16-105
- Demand flexibility: means the capability to schedule, shift, or curtail the electrical demand of a load-serving entity's customer through direct action by the customer or through action by a third party, the load-serving entity, or a grid balancing authority, with the customer's consent. See N.Y. Energy Law 16-102
- Efficiency standard: means a standard that defines performance metrics and/or defines prescriptive design requirements associated with the regulated category of product in order to reduce energy consumption, reduce water consumption, and reduce greenhouse gas emissions associated with energy consumption and/or increase demand flexibility. See N.Y. Energy Law 16-102
- Greenhouse gas: means "greenhouse gas" as defined in subdivision seven of section 75-0101 of the environmental conservation law. See N.Y. Energy Law 16-102
- Person: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity. See N.Y. Energy Law 16-102
- President: means the president of the New York state energy research and development authority. See N.Y. Energy Law 16-102
- Product: means any appliance or equipment, other than a motor vehicle, which in operation consumes or is designed to consume energy or to result in the consumption of energy, including any water-related appliance, equipment or fixture that is designed to consume or result in the consumption of energy in its operation or use. See N.Y. Energy Law 16-102
(a) such efficiency standard shall be continued in this state;
(b) until and unless amended or repealed pursuant to this article, the president shall be authorized to adopt regulations establishing procedures for testing the energy reduction, water conservation, greenhouse gas reduction, and/or increased demand flexibility associated with such product;
(c) the president shall be authorized to adopt regulations establishing procedures for manufacturers of such product to certify that such product meets such efficiency standard, if the president determines that such manufacturer's certifications should be required;
(d) the president shall be authorized to adopt regulations amending such efficiency standard from time to time, including regulations that repeal such efficiency standard, or increase the stringency of such efficiency standard; and
(e) if federal preemption has been waived for any particular federal efficiency standard or standards, the president may adopt such standard or may adopt a different standard.
2. This section shall not apply to any federal efficiency standard set aside by a court upon the petition of a person who will be adversely affected, as provided in 42 U.S.C. § 6306(b).