§ 16-106 — Powers and duties of the president and the secretary

§ 16-106. Powers and duties of the president and the secretary. 1. The\npresident in consultation with the secretary shall have and be entitled\nto exercise the following powers and duties:\n (a) To adopt regulations establishing efficiency standards for the\nproducts listed in paragraphs (a) through (xx) of subdivision one of\nsection 16-104 of this article, including but not limited to,\nestablishing efficiency standards for power supplies in the active mode\nand no-load mode or other such products while in the active mode and in\nthe standby-passive-mode;\n (b) To adopt regulations establishing efficiency standards for\nproducts not specifically listed in paragraphs (a) through (xx) of\nsubdivision one of section 16-104 of this article, provided that the\npresident determines that establishing such efficiency standards would\nserve to promote energy reduction, water conservation, greenhouse gas\nreduction, and/or increased demand flexibility associated with the\nregulated product categories in this state. To the maximum extent\nfeasible the president shall coordinate any such adoption with similar\nefforts by other states. Any regulation adopted pursuant to this\nparagraph may include provisions establishing procedures for testing the\nefficiency of the covered products and provisions establishing\nprocedures for manufacturers of such product to certify that such\nproducts meet the efficiency standards, if the president determines that\nsuch manufacturer's certifications should be required;\n (c) To review efficiency standards as adopted from time to time by\nother states for products not listed in paragraphs (a) through (xx) of\nsubdivision one of section 16-104 of this article, and to adopt\nregulations establishing efficiency standards similar to those adopted\nby any other state for such products, provided that the president\ndetermines that establishing such efficiency standards would serve to\npromote energy reduction, water conservation, greenhouse gas reduction,\nand/or increased demand flexibility associated with the regulated\nproduct categories in this state. Any regulation adopted pursuant to\nthis paragraph may include provisions establishing procedures for\ntesting the efficiency of the covered products and provisions\nestablishing procedures for manufacturers of such product to certify\nthat such products meet the efficiency standards, if the president\ndetermines that such manufacturer's certifications should be required;\n (d) To adopt regulations to achieve the purposes of this article. Such\nregulations shall ensure that compliance therewith will not result in a\nnet increase in co-pollutant emissions or otherwise disproportionately\nburden disadvantaged communities as identified by the climate justice\nworking group established under section 75-0111 of the environmental\nconservation law. In order to increase public participation and improve\nthe efficacy of any efficiency standards adopted pursuant to subdivision\n(b) or (c) of this section, the president shall, before publication of a\nnotice of proposed rule making, conduct public meetings to provide\nmeaningful opportunities for public comment from all segments of the\npopulation that would be impacted by the standards or regulations,\nincluding persons living in disadvantaged communities as identified by\nthe climate justice working group established under section 75-0111 of\nthe environmental conservation law;\n (e) To conduct investigations, test, and obtain data with respect to\nresearch experiments and demonstrations, and to collect and disseminate\ninformation regarding the purposes to be achieved pursuant to this\narticle;\n (f) To accept grants or funds for purposes of administration and\nenforcement of this article. Notwithstanding any other provision of law\nto the contrary, the president is hereby authorized to accept grants or\nfunds, including funds directed through negotiated settlements or\nconsent orders pursuant to this article. All funds accepted by the\npresident for the purposes of this article shall be deposited in the\nefficiency standards administration account established by the New York\nstate energy research and development authority and maintained in a\nsegregated account in the custody of the commissioner of taxation and\nfinance. All expenditures from the efficiency standards administration\naccount pursuant to this article shall be made by the New York state\nenergy research and development authority to carry out studies,\ninvestigations, research, expenses to provide for expert witness,\nconsultant, enforcement, administrative and legal fees, including\ndisbursements to the department of state to support enforcement\nactivities authorized by the secretary pursuant to this section, and\nother related expenses pursuant to this article. All deposits made to\nthe efficiency standards administration account made by the New York\nstate energy research and development authority, all funds maintained in\nthe efficiency standards administration account, and disbursements\ntherefrom, made pursuant to this article shall be subject to an annual\nindependent audit as part of such authority's audited financial\nstatements, and such authority shall prepare an annual report\nsummarizing efficiency standards administration account balance and\nactivities for each fiscal year ending March thirty-first. In addition\nto submitting such report as provided in section one thousand eight\nhundred sixty-seven of the public authorities law, the authority shall\nprovide such report to the secretary no later than ninety days after\ncommencement of such fiscal year;\n (g) To consult with the appropriate federal agencies, including, but\nnot limited to, the federal department of energy and other potentially\naffected parties in carrying out the provisions of this article; and\n (h) To conduct investigations, in consultation with the secretary, to\ndetermine if products covered by standards adopted pursuant to this\narticle comply with such standards; to conduct tests to determine if\nproducts covered by standards adopted pursuant to this article comply\nwith such standards; to prepare written reports of the results of such\ninvestigations and tests; to provide such reports to the secretary; in\nconsultation with the secretary, to negotiate settlement agreements with\nany person that violates the provisions of subdivision two of section\n16-104 of this article, or fails to perform any duty imposed by this\narticle, or violates or fails to comply with any rule, regulation,\ndetermination, or order adopted, made, or issued by the president or the\nsecretary pursuant to this article, pursuant to which such person shall\nagree to cease such violation and to pay such civil penalty as may be\nspecified in such agreement, the terms of which will be incorporated\ninto a consent order signed by such person, the president, and the\nsecretary; to consult with the secretary in connection with\ndeterminations made by the secretary pursuant to paragraph (b) of\nsubdivision five of this section; and to cooperate with the secretary in\nenforcement proceedings conducted by the secretary pursuant to this\narticle.\n 1-a. Notwithstanding any other provision of this article, no\nefficiency standard adopted pursuant to paragraph (a) of subdivision one\nof this section shall become effective less than one hundred eighty days\nafter publication of the notice of adoption of such standard in the\nstate register; no efficiency standard adopted pursuant to paragraph (b)\nor (c) of subdivision one of this section shall become effective less\nthan one year after publication of the notice of adoption of such\nefficiency standard in the state register; no amendment of any\nefficiency standard adopted pursuant to this article or of any\nefficiency standard continued in this state pursuant to section 16-105\nof this article shall become effective less than one hundred eighty days\nafter publication of the notice of adoption of such amendment in the\nstate register; and no new or amended efficiency standard adopted\npursuant to this article shall go into effect if federal government\nefficiency standards regarding such product preempt state standards\nunless preemption has been waived pursuant to federal law.\n 2. (a) On or before January first, two thousand twenty-three, the\npresident, in consultation with the secretary, shall adopt regulations\nin accordance with the provisions of this article establishing:\n (i) efficiency standards for new products of the types referred to in\nparagraphs (a) through (f), paragraphs (h) through (y), paragraphs (aa)\nthrough (jj) and paragraphs (mm) through (xx) of subdivision one of\nsection 16-104 of this article;\n (ii) procedures for testing the efficiency of the new products of the\ntypes referred to in paragraphs (a) through (f) and paragraphs (h)\nthrough (xx) of subdivision one of section 16-104 of this article;\n (iii) procedures for manufacturers to certify that new products of the\ntypes referred to in paragraphs (a) through (f) and paragraphs (h)\nthrough (xx) of subdivision one of section 16-104 of this article meet\nthe efficiency standards to be adopted pursuant to this article, if the\npresident determines that such manufacturer's certifications should be\nrequired; and\n (iv) such further matters as are necessary to insure the proper\nimplementation and enforcement of the provisions of this article.\n (b) With respect to the types of products referred to in paragraph\n(g), (z) or (kk) of subdivision one of section 16-104 of this article\n(incandescent reflector lamps, general service lamps, and light emitting\ndiode lamps), the president shall conduct a study by December\nthirty-first, two thousand twenty-three to determine whether an\nefficiency standard for such products should be established, taking into\naccount factors including the potential impact on electricity usage,\nproduct availability and consumer and environmental benefits. If the\npresident determines based on this study that such a standard would\nreduce energy use and would not be preempted by the federal law, the\npresident shall adopt regulations in accordance with the provisions of\nthis article establishing efficiency standards for such products.\n 3. Subsequent to adopting regulations pursuant to subdivisions one and\ntwo of this section, the president, in consultation with the secretary,\nmay amend such regulations, including increasing the stringency of the\nefficiency standards.\n ** 4. By March fifteenth of two thousand twenty-one, the secretary and\nthe president shall produce a report to the governor, the speaker of the\nassembly, the temporary president of the senate, the chair of the\nassembly committee on energy and the chair of the senate committee on\nenergy and telecommunications on the status of regulations establishing\nefficiency standards pursuant to this article, which shall indicate for\neach product enumerated in subdivision one of section 16-104 of this\narticle the status of the implementation of efficiency standards. The\nreport shall also set forth the estimated potential annual reductions in\nenergy use and potential utility bill savings resulting from adopted\nefficiency standards for the years two thousand twenty-five and two\nthousand thirty-five and the potential cumulative reductions in energy\nuse through the year two thousand thirty-five. Such report shall be\nupdated in the same manner by March fifteenth, two thousand twenty-six\nand two thousand thirty and copies of such updates shall be posted by\nMarch fifteenth, two thousand twenty-seven and March fifteenth, two\nthousand thirty on the websites of the authority and the department of\nstate.\n ** NB Repealed December 31, 2030\n 5. (a) In addition to all other powers and authority given to the\nsecretary by this article, the secretary shall have and be entitled to\nexercise the following powers and duties:\n (i) To request the president to conduct investigations to determine if\nproducts covered by efficiency standards adopted pursuant to this\narticle comply with such efficiency standards; to consult with the\npresident in connection with the president's performance of such\ninvestigations; to request the president to conduct tests to determine\nif products covered by efficiency standards adopted pursuant to this\narticle comply with such efficiency standards; and to request the\npresident's cooperation in connection with enforcement proceedings\nconducted by the secretary pursuant to this article;\n (ii) To order the immediate cessation of any distribution, sale or\noffer for sale, lease or offer to lease, rent or offer to rent, import,\nor offer to import, or installation or offer of installation of any\nproduct listed in paragraphs (a) through (xx) of subdivision one of\nsection 16-104 of this article, or of any product for which efficiency\nstandards shall have been established pursuant to paragraph (b) or (c)\nof subdivision one of this section, or any product that is subject to a\nfederal efficiency standard that shall have been continued in this state\npursuant to section 16-105 of this article, if the secretary, in\nconsultation with the president, determines that such product does not\nmeet the applicable efficiency standard or if such product does not\nsatisfy the testing procedures or manufacturer's certification\nprocedures adopted pursuant to the regulations authorized by this\narticle;\n (iii) To accept grants or funds for purposes of administration and\nenforcement of this article;\n (iv) To impose, after notice and an opportunity to be heard, civil\npenalties and/or injunctive relief for any violation of this article or\nany regulation adopted pursuant to this article. Any penalties collected\nby the secretary under this section shall be placed in the account\nestablished under section ninety-seven-www of the state finance law,\nrelating to the consumer protection account; and\n (v) To adopt such rules and regulations as the secretary may deem\nnecessary or appropriate for the purpose of carrying out the powers and\nduties granted to the secretary by this article.\n (b) The secretary may exercise the powers and authority granted to the\nsecretary by this subdivision, or by any other provision of this\narticle, through the consumer protection division established by the\nsecretary pursuant to section ninety-four-a of the executive law or\nthrough such other divisions, officers, or employees of the department\nof state as the secretary may designate from time to time.\n