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.
Terms Used In N.Y. Energy Law 16-104
- Authority: means the New York state energy research and development authority. See N.Y. Energy Law 16-102
- Bottle-type: means a water dispenser that uses a bottle or reservoir as the source of potable water. See N.Y. Energy Law 16-102
- Ceiling fan: means a non-portable device that is suspended from a ceiling for circulating air via the rotation of fan blades. See N.Y. Energy Law 16-102
- Commercial and industrial fans and blowers: means a rotary-bladed machine used to convert power to air power, with a brake horsepower greater than or equal to either one kilowatt or one horsepower, and an air horsepower less than or equal to one hundred fifty, and used for commercial and industrial purposes. See N.Y. Energy Law 16-102
- Computer: means a device that performs logical operations and processes data. 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
- Electric vehicle: means an on-road vehicle that draws electricity for propulsion from a traction battery with a least five kilowatt-hours (kWh) of capacity, and uses an external source of energy to recharge the battery. See N.Y. Energy Law 16-102
- Imaging equipment: means copiers, printers, scanners, fax machines, and multifunction devices used both in homes and businesses. See N.Y. Energy Law 16-102
- Lamp: means an electrical appliance that includes a glass envelope and produces optical radiation for the purpose of visual illumination, designed to be installed into a light fixture by means of an integral lamp-holder or socket. See N.Y. Energy Law 16-102
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Outdoor lighting: means electrical lighting used to illuminate outdoor areas, including parking lots, streetlights, highways and area luminaires. 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
- Plug-in luminous signs: means a self-contained, luminous sign unit that plugs into 120V AC building mains power and is intended for indoor use only. 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
- Small network equipment: means a device whose primary function is to pass internet protocol (IP) traffic among various network interfaces or ports intended for use in residential and small business settings. See N.Y. Energy Law 16-102
- Tub spout diverters: means the following definitions:
(a) A bath and shower diverter whose diverter mechanism is located in the tub spout; and/or
(b) Bath and shower diverter means a device used to direct the flow of water either toward a tub spout or toward a secondary outlet intended for showering purposes, including a showerhead or body spray. See N.Y. Energy Law 16-102
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.