§ 8-106 — Administration and enforcement

New York § 8-106

• Jurisdiction: New York
• Law ENG: Energy
• Art. 8: State Lighting Efficiency Standards For Existing Public Buildings Act

Text

§ 8-106. Administration and enforcement. 1. With respect to existing\nbuildings owned by the state, this article shall be administered by the\ncommissioner and the standards enforced by the office of general\nservices in accordance with procedures to be developed by the\ncommissioner after consultation with the commissioner of the office of\ngeneral services. The commissioner may request any department, division,\nboard, bureau, commission, or other state agency to provide such\ninformation, data and assistance as is necessary to enable the\ncommissioner to effectuate the purposes of this article, and such\ndepartments, divisions, boards, bureaus, commissions and other state\nagencies are authorized to provide, to the extent feasible, such\ninformation, data and assistance.\n 2. With respect to existing buildings owned by any municipality, the\nadministration and enforcement of the standards shall be the\nresponsibility of such municipality and the manner of such\nadministration and enforcement shall be prescribed by local law or\nordinance or by order or resolution of the governing body of any such\nmunicipality.\n 3. a. With respect to all other existing buildings, the administration\nand enforcement of the standards shall be the responsibility of the\noffice, provided, however, that the commissioner may enter into an\nagreement with any city, town or village delegating all or part of such\nresponsibility. On or before April first, nineteen hundred eighty, the\noffice shall adopt regulations providing for the administration and\nenforcement of such standards as well as providing for the wide\ndissemination of such standards to the general public. Such regulations\nshall include a requirement that the owner of record of an existing\nbuilding or a real estate management company responsible for the\nmanagement and operation of any such building or the tenant or tenants\nof leased premises in any such building, submit sworn statements to the\noffice, or where applicable, to such a city, town or village, certifying\nthat the building or leased premises are in full compliance with the\nstandards, or alternatively, that the building or leased premises will\nbe in such compliance on or before October first, nineteen hundred\neighty-one.\n b. Any person who knowingly fails to submit such a certification\nstatement as required by this subdivision or the regulations adopted\nhereunder or who knowingly fails to bring such a building or leased\npremises into compliance with the standards by October first, nineteen\nhundred eighty-one, shall be liable for a civil penalty of up to one\nthousand dollars. The attorney general is hereby authorized to commence\nan action or special proceeding in any court of competent jurisdiction\nin the state in the name of the people of the state to recover any such\npenalty, or for injunctive relief to compel compliance with the\nstandards, when requested to do so by the commissioner. All monies\nrecovered in any such action or special proceeding, together with the\ncosts thereof shall be paid into the state treasury to the credit of the\ngeneral fund. Any such action or proceeding may be compromised or\ndiscontinued on application of the commissioner upon such terms as the\ncourt shall approve and order.\n 4. Where the commissioner has entered into an agreement with any city,\ntown or village, delegating all or part of the office's responsibility\nfor the administration and enforcement of the standards, any officer or\ndepartment designated by a local law or ordinance of any such city, town\nor village shall have power to conduct investigations regarding the\ncompliance with the provisions of this subdivision and to institute an\naction or special proceeding in any court of competent jurisdiction to\nenjoin any violation of this subdivision and to recover the penalty\nspecified. All monies recovered in any such action or special proceeding\ntogether with the costs thereof, shall be paid to the treasurer of any\nsuch city, town or village and be available for any lawful city, town or\nvillage purpose.\n