§ 16-104 — Applicability, conduct prohibited

§ 16-104. Applicability, conduct prohibited. 1. The provisions of this\narticle apply to the establishment of, testing for compliance with,\ncertification of compliance with, and enforcement of efficiency\nstandards for the following new products which are sold, or offered for\nsale, leased or offered for lease, rented or offered for rent or\ninstalled or offered to install in New York state unless preempting\nfederal appliance standards are in effect: (a) automatic commercial ice\ncube machines; (b) ceiling fan light kits; (c) commercial pre-rinse\nspray valves; (d) commercial refrigerators, freezers and\nrefrigerator-freezers; (e) consumer audio and video products; (f)\nilluminated exit signs; (g) incandescent reflector lamps; (h) very large\ncommercial packaged air-conditioning and heating equipment; (i) metal\nhalide lamp fixtures; (j) pedestrian traffic signal modules; (k) power\nsupplies; (l) torchiere lighting fixtures; (m) unit heaters; (n)\nvehicular traffic signal modules; (o) portable light fixtures; (p)\nbottle-type water dispensers; (q) commercial hot food holding cabinets;\n(r) portable electric spas; (s) replacement dedicated-purpose pool pump\nmotors; (t) air compressors; (u) air purifiers; (v) commercial\ndishwashers; (w) commercial fryers; (x) commercial steam cookers; (y)\ncomputers and computer monitors; (z) general service lamps; (aa)\nfederally exempt fluorescent lamps; (bb) portable air conditioners; (cc)\nresidential ventilating fans; (dd) telephones; (ee) faucets; (ff)\nshowerheads; (gg) urinals; (hh) water closets; (ii) sprinkler bodies;\n(jj) uninterruptable power supplies; (kk) light emitting diode lamps;\n(ll) electric vehicle supply equipment; (mm) commercial battery charger\nsystems; (nn) commercial ovens; (oo) commercial clothes dryers; (pp)\ncommercial and industrial fans and blowers; (qq) imaging equipment; (rr)\nlandscape irrigation controllers; (ss) outdoor lighting; (tt) plug-in\nluminous signs; (uu) small network equipment; (vv) tub spout diverters;\n(ww) commercial hot food holding cabinets; (xx) gas fireplaces; (yy)\nproducts for which efficiency standards shall have been established\npursuant to paragraph (b) or (c) of subdivision one of section 16-106 of\nthis article; and (zz) products that had been subject to any federal\nefficiency standard referred to in section 16-105 of this article that\nhave been continued in this state pursuant to such section.\n 2. No person shall sell or offer for sale, lease or offer to lease, or\nrent or offer to rent, or install or offer to install in New York state\nany new product of the types enumerated in paragraphs (a) through (xx)\nof subdivision one of this section, or any new product for which\nefficiency standards shall have been established pursuant to paragraph\n(b) or (c) of subdivision one of section 16-106 of this article, or any\nnew product that is subject to any federal efficiency standard that\nshall have been continued in this state pursuant to section 16-105 of\nthis article, unless:\n (a) it meets the efficiency standards applicable to such product as of\nthe date of manufacture of such product or as of such other date as may\nbe determined in accordance with the regulation establishing the\nstandard for such product; and\n (b) if required by regulations adopted pursuant to this article, the\nmanufacturer of such product certifies that the product meets said\nefficiency standards. As used within this subdivision, reference to any\nnew product means any individual product subject to the requirements of\nthis article.\n 3. The prohibitions contained in subdivision two of this section shall\nnot apply to:\n (a) products manufactured in the state and sold outside the state;\n (b) products manufactured outside the state and sold at wholesale\ninside the state for final retail sale outside the state;\n (c) products installed in manufactured homes at the time of\nconstruction;\n (d) products designed expressly for installation and use in\nrecreational vehicles; or\n (e) urinals and water closets designed and marketed exclusively for\nuse at prisons or mental health care facilities.\n 4. The adoption of efficiency standards for any water-related\nappliances, equipment or fixtures shall be subject to approval by the\ncommissioner of environmental conservation. Any such standard which\nwould conflict with the provisions of section 15-0314 of the\nenvironmental conservation law shall not take effect until and unless\nwaived by the commissioner of environmental conservation.\n 5. In adopting the flexible demand appliance standards, the New York\nstate energy research and development authority shall consider the\nNational Institute of Standards and Technology reliability and\ncybersecurity protocols, relevant New York cybersecurity laws,\nregulations, and advisories, or other cybersecurity protocols that are\nequally or more protective, and shall adopt, at a minimum, the North\nAmerican Electric Reliability Corporation's Critical Infrastructure\nProtection standards.\n