S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3368

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2009
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT, GALEF, COLTON, PHEFFER -- Multi-
  Sponsored by -- M. of A.  BRENNAN, COOK, HOOPER, MILLMAN, PERRY, WEIS-
  ENBERG -- read once and referred to the Committee on Energy

AN ACT to amend the energy law, the  executive  law,  the  environmental
  conservation  law,  the  general  business  law,  the  private housing
  finance law and the public authorities law, in relation to  establish-
  ing the state energy office and transferring the functions, powers and
  duties of the New York state energy research and development authority
  to  such  office;  and to repeal certain provisions of the energy law,
  the executive law and the public authorities law relating to  the  New
  York state energy research and development authority

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 4 of section 1-103 of the energy law, as
amended by chapter 83 of the laws  of  1995,  are  amended  to  read  as
follows:
  2. "Office"  [as  used  in  sections 5-108, 5-111, 5-113, and 5-117 of
article five and articles six, seven, eight and  ten  of  this  chapter]
shall mean the [New York state energy research and development authority
established  pursuant  to  article  eight of the public authorities law]
STATE ENERGY  OFFICE  ESTABLISHED  PURSUANT  TO  ARTICLE  FIVE  OF  THIS
CHAPTER.
  4. "Commissioner"  [as used in sections 5-108, 5-111, 5-113, and 5-117
of article five and articles six, seven, eight and ten of this  chapter]
shall  mean  the  [president  of  the New York state energy research and
development authority] COMMISSIONER OF THE STATE ENERGY OFFICE APPOINTED
BY THE GOVERNOR PURSUANT TO ARTICLE FIVE OF THIS CHAPTER.
  S 2. The energy law is amended by adding  seven  new  sections  5-101,
5-103, 5-105, 5-107, 5-109, 5-115 and 5-123 to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06207-01-9

A. 3368                             2
              

  S 5-101. STATE ENERGY OFFICE; CREATION. 1. THERE IS HEREBY ESTABLISHED
IN  THE  EXECUTIVE  DEPARTMENT  A  STATE ENERGY OFFICE, WITH THE POWERS,
DUTIES AND PURPOSES SET FORTH IN THIS ARTICLE.
  2.  THE  GOVERNOR SHALL APPOINT A COMMISSIONER BY AND WITH THE CONSENT
OF THE SENATE, WHO SHALL BE THE CHIEF EXECUTIVE OFFICER OF  THE  OFFICE,
AND  WHO  SHALL HOLD OFFICE AT THE PLEASURE OF THE GOVERNOR. THE COMMIS-
SIONER SHALL RECEIVE A SALARY TO BE FIXED BY  THE  GOVERNOR  WITHIN  THE
AMOUNT  APPROPRIATED  THEREFOR.  HE OR SHE SHALL ALSO RECEIVE HIS OR HER
REASONABLE EXPENSES IN CONNECTION WITH THE PERFORMANCE  OF  HIS  OR  HER
DUTIES, WITHIN THE AMOUNT AVAILABLE THEREFOR BY APPROPRIATION.
  3. THE COMMISSIONER MAY APPOINT SUCH OTHER OFFICERS, EMPLOYEES, AGENTS
AND  CONSULTANTS  AS MAY BE DEEMED NECESSARY, PRESCRIBE THEIR DUTIES AND
FIX THEIR COMPENSATION WITHIN THE AMOUNTS  MADE  AVAILABLE  THEREFOR  BY
APPROPRIATION.
  4.  THE  PRINCIPAL  OFFICE  OF THE STATE ENERGY OFFICE SHALL BE IN THE
COUNTY OF ALBANY.
  5. CONSISTENT WITH THE PROVISIONS OF THIS CHAPTER,  THE  OFFICE  SHALL
HAVE  JURISDICTION  OVER  ALL  PERSONS,  AND THE OFFICERS, DIRECTORS AND
EMPLOYEES THEREOF, ENGAGED IN THE EXPLORATION, MANUFACTURE,  PROCESSING,
SALE,  DISTRIBUTION,  TRANSPORTATION, REFINING, GENERATION AND SUPPLY OF
ENERGY AND ENERGY RESOURCES IN THIS STATE.
  S 5-103. ORGANIZATION OF OFFICE. THE COMMISSIONER MAY,  FROM  TIME  TO
TIME,  CREATE,  ABOLISH,  TRANSFER  AND  CONSOLIDATE DIVISIONS, BUREAUS,
BOARDS, COMMISSIONS AND OTHER UNITS WITHIN THE OFFICE AS HE OR  SHE  MAY
DETERMINE  NECESSARY  FOR THE EFFICIENT OPERATION OF THE OFFICE, SUBJECT
TO THE APPROVAL OF THE DIRECTOR OF THE BUDGET.
  S 5-105. GENERAL FUNCTIONS AND POWERS. THE OFFICE, ACTING THROUGH  THE
COMMISSIONER, SHALL HAVE THE FOLLOWING FUNCTIONS AND POWERS TO CARRY OUT
THE PURPOSES OF THIS CHAPTER:
  1. TO ADVISE AND ASSIST THE GOVERNOR AND THE LEGISLATURE IN THE DEVEL-
OPMENT AND IMPLEMENTATION OF STATE POLICIES RELATING TO ENERGY AND ENER-
GY RESOURCES.
  2.  TO PROMULGATE, ISSUE, AMEND, RESCIND, REVOKE OR WAIVE ORDERS, AND,
AFTER PUBLIC HEARINGS, PROMULGATE RULES AND  REGULATIONS  TO  EFFECTUATE
THE PURPOSES AND PROVISIONS OF THIS CHAPTER.
  3.  TO  CLASSIFY  PERSONS  AND  MATTERS WITHIN THE JURISDICTION OF THE
OFFICE AND PRESCRIBE DIFFERENT REQUIREMENTS  FOR  DIFFERENT  CLASSES  OF
PERSONS OR MATTERS.
  4.  TO  REQUIRE  PERSONS  SUBJECT TO THE JURISDICTION OF THE OFFICE TO
MAINTAIN OR FILE GENERAL, SPECIAL AND ANNUAL REPORTS, CONTRACTS,  STATE-
MENTS, INCLUDING BUT NOT LIMITED TO STATEMENTS OF OWNERSHIP, ACCOUNTING,
AUDITING  AND  OPERATIONS,  ENGINEERING  REPORTS,  AND OTHER DATA AS THE
COMMISSIONER DEEMS APPROPRIATE; PROVIDED, HOWEVER, WHEREVER PRACTICABLE,
FORMS REQUIRED TO BE SUBMITTED TO FEDERAL OR  STATE  AGENCIES  SHALL  BE
SUFFICIENT TO MEET THE REQUIREMENTS OF THIS SUBDIVISION.
  5.  TO  DESIGNATE EMPLOYEES WHO SHALL BE EMPOWERED TO ADMINISTER OATHS
IN ALL PARTS OF THE STATE TO PERSONS SUMMONED TO TESTIFY IN ANY INQUIRY,
INVESTIGATION, HEARING OR PROCEEDING.
  6. TO DESIGNATE EMPLOYEES OF THE OFFICE  WHO  SHALL  BE  EMPOWERED  TO
ENTER  IN  OR  UPON  AND  TO INSPECT THE PROPERTY, EQUIPMENT, BUILDINGS,
PLANTS, FACTORIES AND OFFICES, IN RELATION TO ENERGY OR ENERGY RESOURCES
OF ANY PERSON SUBJECT TO THE JURISDICTION OF THE OFFICE.
  7. TO DESIGNATE EMPLOYEES WHO SHALL BE EMPOWERED TO EXAMINE ALL BOOKS,
CONTRACTS, RECORDS, DOCUMENTS AND PAPERS, IN RELATION TO ENERGY OR ENER-
GY RESOURCES OF ANY PERSON SUBJECT TO THE JURISDICTION OF THE OFFICE.

A. 3368                             3

  8. TO DESIGNATE EMPLOYEES WHO SHALL BE EMPOWERED TO ISSUE SUBPOENAS TO
COMPEL THE ATTENDANCE OF WITNESSES AND SUBPOENAS DUCES TECUM  TO  COMPEL
FROM  ANY  PERSON THE PRODUCTION OF BOOKS, CONTRACTS, RECORDS, DOCUMENTS
OR PAPERS RELATING TO ENERGY OR ENERGY RESOURCES.
  9.  TO  REQUIRE  AND RECEIVE FROM ANY AGENCY OF THE STATE OR ANY POLI-
TICAL SUBDIVISION THEREOF ASSISTANCE AND DATA.
  10. TO ENTER INTO COOPERATIVE ARRANGEMENTS WITH AGENCIES OF THE  STATE
OR  POLITICAL SUBDIVISIONS THEREOF, EACH OF WHICH SHALL BE AUTHORIZED TO
ENTER INTO SUCH COOPERATIVE ARRANGEMENTS.
  11. TO ACT ALONE, OR IN CONJUNCTION  WITH  ANOTHER  STATE  AGENCY,  AS
AGENT  FOR,  OR  ENTER  INTO  CONTRACTS AND OTHERWISE COOPERATE WITH THE
FEDERAL GOVERNMENT, AND TO RECEIVE GRANTS OR ADVANCES OF FUNDS FROM  THE
FEDERAL GOVERNMENT FOR PROJECTS WITHIN THE JURISDICTION OF THE OFFICE.
  12.  TO  ASSIST  THE ATTORNEY GENERAL AND THE COMMISSIONER OF TAXATION
AND FINANCE IN PROTECTING CONSUMERS FROM  ABUSES  IN  THE  DISTRIBUTION,
SALE,  HANDLING  OR  TRANSPORT  OF  ENERGY,  ENERGY RESOURCES AND ENERGY
RELATED DEVICES, INSTALLATIONS, AND TECHNOLOGIES, INCLUDING THE CHARGING
OF ANY ILLEGAL PRICE OR THE VIOLATION OF ANY STATE  OR  FEDERAL  LAW  OR
REGULATION.
  13.  TO  ENTER  INTO  CONTRACTS  WITH  ANY  PERSON  FOR THE CONDUCT OF
RESEARCH OR THE RENDERING OF OTHER SERVICES,  INCLUDING  THE  HIRING  OF
EXPERTS AND CONSULTANTS.
  14. TO APPLY FOR AND ACCEPT GRANTS AND CONTRIBUTIONS.
  15. TO HOLD PUBLIC HEARINGS WHEN DEEMED APPROPRIATE.
  16.  TO  CONDUCT  ECONOMIC, SOCIOLOGICAL AND OTHER STUDIES RELATING TO
ALL ASPECTS OF ENERGY AND  ENERGY  RESOURCES  USE,  SUPPLY,  DEMAND  AND
DISTRIBUTION.
  17.  TO  COOPERATE  WITH AND SUPPLEMENT THE WORK OF THE NEW YORK STATE
ENERGY RESEARCH AND DEVELOPMENT  AUTHORITY,  AND  UNDERTAKE  STUDIES  IN
ENERGY AND ENERGY RELATED AREAS.
  18.  TO  APPOINT  ADVISORY  COMMITTEES,  BOARDS  AND TASK FORCES WHOSE
MEMBERS SHALL RECEIVE NO COMPENSATION AS MEMBERS BUT  SHALL  BE  ALLOWED
NECESSARY  AND  ACTUAL EXPENSES INCURRED IN PERFORMING DUTIES UNDER THIS
CHAPTER.
  19. TO IMPLEMENT A PROGRAM OF PUBLIC INFORMATION TO INFORM THE  PUBLIC
AND  PRIVATE SECTORS OF THE STATE AS TO THE MERITS OF REREFINED OIL, AND
THE NEED FOR ITS USE IN ORDER TO REDUCE THE DRAIN ON  THE  NATION'S  OIL
RESERVES  AND  MINIMIZE  THE DISPOSAL OF USED OIL IN WAYS HARMFUL TO THE
ENVIRONMENT AND TO PROMOTE PETROLEUM RESOURCE CONSERVATION, RECOVERY AND
REUSE BY INDUSTRY AND THE GENERAL PUBLIC OF THE STATE.
  20. TO EXERCISE ALL OTHER POWERS AND FUNCTIONS NECESSARY OR  APPROPRI-
ATE TO CARRY OUT THE DUTIES AND PURPOSES SET FORTH IN THIS CHAPTER.
  S 5-107. SPECIFIC FUNCTIONS, POWERS AND DUTIES. 1. THE OFFICE SHALL:
  A.  ACT  AS  A CENTRAL REPOSITORY AND CLEARINGHOUSE FOR INFORMATION ON
ALL ENERGY AND ENERGY RESOURCE RELATED MATTERS WITHIN  THE  JURISDICTION
OF THE OFFICE.
  B. CONDUCT PUBLIC EDUCATIONAL PROGRAMS PROMOTING CONSERVATION OF ENER-
GY AND ENERGY RESOURCES WITHIN THE STATE.
  C. NO LATER THAN FEBRUARY FIFTEENTH OF EACH YEAR MAKE AN ANNUAL REPORT
TO THE GOVERNOR AND LEGISLATURE CONCERNING ITS WORK DURING THE PRECEDING
YEAR, AND ITS PROGRAM FOR THE COMING YEAR, AND MAKE SUCH FURTHER INTERIM
REPORTS  OR  RECOMMENDATIONS  AS  IT SHALL DEEM ADVISABLE OR AS SHALL BE
REQUIRED BY THE GOVERNOR.
  D. PREPARE AN INTEGRATED PLAN SPECIFYING ACTIONS TO BE  TAKEN  IN  THE
EVENT  OF  THE  DECLARATION  BY THE GOVERNOR OF AN ENERGY OR FUEL SUPPLY
EMERGENCY PURSUANT TO SECTION 5-117 OF THIS ARTICLE.

A. 3368                             4

  E. COOPERATE WITH THE PUBLIC SERVICE COMMISSION, THE NEW  YORK  ENERGY
RESEARCH  AND DEVELOPMENT AUTHORITY, THE POWER AUTHORITY OF THE STATE OF
NEW YORK, THE OFFICE OF TEMPORARY  AND  DISABILITY  ASSISTANCE  AND  ALL
OTHER  APPROPRIATE  STATE  AGENCIES IN EFFECTUATING THE PURPOSES OF THIS
CHAPTER.
  F. CONDUCT ACTIVITIES TO ENCOURAGE AND PROMOTE THE PRUDENT DEVELOPMENT
AND  WISE  USE OF ALL ENERGY RESOURCES INDIGENOUS TO THE STATE OR SHARED
BY THE STATE WITH THE DOMINION OF  CANADA,  THE  FEDERAL  GOVERNMENT  OR
OTHER STATES.
  G.  ADVISE  AND ASSIST STATE AGENCIES IN THE IMPLEMENTATION OF SECTION
ONE HUNDRED TWENTY-SEVEN-A OF THE STATE FINANCE LAW.
  H. DEVELOP A PLAN TO MAXIMIZE THE USE  OF  TELECOMMUTING  TO  CONSERVE
ENERGY  OTHERWISE  USED  BY  THE PERSONNEL OF THE OFFICE IN COMMUTING TO
THEIR ASSIGNED WORKPLACE. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS
PARAGRAPH,  THE  OFFICE  SHALL  SUBMIT  A REPORT TO THE GOVERNOR AND THE
LEGISLATURE ON THE IMPACT OF SUCH PLAN TO INCLUDE, BUT  NOT  BE  LIMITED
TO, ENERGY CONSERVATION, AIR QUALITY, WORKFORCE ACCEPTANCE, OFFICE COSTS
AND POTENTIAL COST SAVINGS.
  2. THE OFFICE MAY:
  A.  UNDERTAKE  STUDIES,  SURVEYS  OR ANALYSES TO DETERMINE PRESENT AND
PROJECTED ENERGY AND ENERGY RESOURCE USE, SUPPLY AND DEMAND  WITHIN  THE
STATE.
  B. PROMULGATE ENERGY USE STANDARDS AFTER CONSULTATION WITH THE COMMIS-
SIONER  OF  THE OFFICE OF GENERAL SERVICES, FOR THE PURCHASE, LEASE, USE
OR MAINTENANCE OF STATE BUILDINGS AND EQUIPMENT.
  C. MAINTAIN LIAISON WITH AND REPRESENT THE  STATE  BEFORE  APPROPRIATE
AGENCIES  OF  THE  FEDERAL  GOVERNMENT, THE DOMINION OF CANADA, REGIONAL
COMMISSIONS, OTHER STATE GOVERNMENTS AND MUNICIPALITIES  IN  ALL  ENERGY
AND ENERGY RESOURCES MATTERS.
  D.  COORDINATE  THE  STATE'S  ADMINISTRATION  OF  ANY ENERGY OR ENERGY
RESOURCE PROGRAMS OF THE FEDERAL GOVERNMENT, OTHER THAN RESEARCH, DEVEL-
OPMENT AND DEMONSTRATION PROGRAMS CONDUCTED BY THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY, INCLUDING BUT NOT LIMITED  TO  THOSE
CONCERNED WITH CONSERVATION, ALLOCATION, MANAGEMENT OR EDUCATION.
  E.  ADVISE  ALL AGENCIES AND MUNICIPALITIES OF THE STATE IN ENERGY AND
ENERGY RESOURCE RELATED MATTERS.
  S 5-109. ACTION BY THE COMMISSIONER. 1. THE COMMISSIONER SHALL PREPARE
AND DISTRIBUTE AT THE EARLIEST FEASIBLE DATE AN INDEX OF  FUNCTIONS  AND
RESPONSIBILITIES  OF  STATE  AGENCIES  RELATING  TO  ENERGY  AND  ENERGY
RESOURCES IN SUFFICIENT DETAIL TO GUIDE THE PUBLIC AND SERVE AS A  BASIS
FOR SUCH FURTHER STEPS AS MAY BE DEEMED NECESSARY TO ASSURE FULL COORDI-
NATION  WITHOUT  DUPLICATION  OF  THE  ENERGY-RELATED ACTIVITIES OF SUCH
AGENCIES.
  2. UPON COMPLETION OF THE INDEX REQUIRED TO BE  PREPARED  PURSUANT  TO
SUBDIVISION  ONE  OF  THIS SECTION, AND NO LATER THAN ONE HUNDRED TWENTY
DAYS AFTER SUCH COMPLETION, THE  COMMISSIONER  SHALL  RECOMMEND  TO  THE
GOVERNOR AND THE LEGISLATURE SUCH ACTION AS MAY BE NECESSARY TO PRECLUDE
ANY  IDENTIFIED  OR  POTENTIAL DUPLICATION OF ENERGY AND ENERGY RESOURCE
RELATED FUNCTIONS AND RESPONSIBILITIES OF STATE AGENCIES.
  S 5-115. ENERGY ADVISORY COUNCIL. THERE IS HEREBY CREATED  WITHIN  THE
OFFICE  AN ENERGY ADVISORY COUNCIL, CONSISTING OF THIRTEEN MEMBERS, FIVE
OF WHOM SHALL BE APPOINTED BY THE GOVERNOR FROM AMONG  PERSONS  WHO  ARE
NOT  HOLDERS  OF  PUBLIC  OFFICE,  ELECTIVE  OR  APPOINTIVE. OF THE FIVE
APPOINTED MEMBERS, NO MORE THAN THREE SHALL BELONG TO THE SAME POLITICAL
PARTY. THE OTHER MEMBERS SHALL BE THE COMMISSIONERS OF ECONOMIC DEVELOP-
MENT, TRANSPORTATION AND ENVIRONMENTAL CONSERVATION, THE  CHAIR  OF  THE

A. 3368                             5

CONSUMER  PROTECTION BOARD, THE ENERGY RESEARCH AND DEVELOPMENT AUTHORI-
TY, THE PUBLIC SERVICE COMMISSION, THE POWER AUTHORITY OF THE  STATE  OF
NEW  YORK AND THE COMMISSIONER. THE COMMISSIONER SHALL SERVE AS CHAIR OF
THE  COUNCIL  AND  THE  GOVERNOR  SHALL  DESIGNATE A VICE-CHAIR FROM THE
REMAINING MEMBERS OF THE COUNCIL.  THE  MEMBERS  OF  THE  COUNCIL  SHALL
RECEIVE  NO  COMPENSATION  BUT  SHALL  BE  ENTITLED TO REIMBURSEMENT FOR
NECESSARY EXPENSES INCURRED IN CONNECTION WITH THE PERFORMANCE OF  THEIR
DUTIES.  THE  COUNCIL  SHALL ASSIST THE COMMISSIONER IN CARRYING OUT THE
PURPOSE OF THIS CHAPTER, INCLUDING  THE  COORDINATION,  DEVELOPMENT  AND
IMPLEMENTATION OF A COMPREHENSIVE STATE ENERGY POLICY.
  S  5-123.  REVIEW  AND RECOMMENDATIONS ON CONTINUATION. 1. IN THE YEAR
TWO THOUSAND ELEVEN AND EVERY FOUR YEARS THEREAFTER, THE  DEPARTMENT  OF
AUDIT  AND  CONTROL  SHALL CONDUCT AN AUDIT OF THE OFFICE. WITHIN NINETY
DAYS OF THE COMPLETION OF SUCH AUDIT A COMMISSION, WHOSE  MAXIMUM  DURA-
TION  SHALL  BE  SIX  MONTHS,  SHALL BE CREATED TO DETERMINE WHETHER THE
OFFICE SHALL CONTINUE IN OPERATION, OR WHETHER IT SHALL  BE  CHANGED  IN
SOME  MANNER, OR WHETHER IT SHALL BE DISSOLVED, AND THE COMMISSION SHALL
REPORT ITS FINDINGS TO THE GOVERNOR AND THE LEGISLATURE WITH RECOMMENDA-
TIONS OF CHANGES NECESSARY, AND IF DISSOLUTION IS RECOMMENDED  IT  SHALL
RECOMMEND WHAT FUNCTIONS SHALL BE ELIMINATED AND WHAT FUNCTIONS SHALL BE
CONTINUED BY ANOTHER AGENCY.
  2.  THE  COMMISSION  SHALL BE COMPOSED OF FIVE MEMBERS, WITH THE CHAIR
AND ONE OTHER MEMBER APPOINTED BY THE GOVERNOR, ONE MEMBER APPOINTED  BY
THE  TEMPORARY  PRESIDENT  OF  THE  SENATE,  ONE MEMBER APPOINTED BY THE
SPEAKER OF THE ASSEMBLY, AND ONE MEMBER APPOINTED  BY  THE  COMPTROLLER.
STAFF  FOR  THE  COMMISSION SHALL BE PROVIDED BY THE DEPARTMENT OF AUDIT
AND CONTROL FROM FUNDS APPROPRIATED FOR SUCH PURPOSE.
  S 3. The energy law is amended by adding a new article 6  to  read  as
follows:
                                ARTICLE 6
                             ENERGY PLANNING
SECTION 6-102. STATE ENERGY PLANNING BOARD.
        6-104. STATE ENERGY PLAN.
        6-106. CONDUCT OF THE STATE ENERGY PLANNING PROCEEDING.
        6-108. RELIABILITY STUDY.
  S  6-102. STATE ENERGY PLANNING BOARD. 1. THERE SHALL BE ESTABLISHED A
STATE ENERGY PLANNING BOARD, HEREINAFTER REFERRED TO IN THIS ARTICLE  AS
THE  "BOARD",  WHICH SHALL CONSIST OF THE COMMISSIONER, THE CHAIR OF THE
PUBLIC SERVICE COMMISSION AND THE COMMISSIONER OF ENVIRONMENTAL  CONSER-
VATION. ANY DECISION OR ACTION BY THE BOARD SHALL BE BY MAJORITY VOTE.
  2.  STAFF  SERVICES SHALL BE PERFORMED BY PERSONNEL OF THE OFFICE, THE
DEPARTMENT OF PUBLIC SERVICE AND THE DEPARTMENT OF ENVIRONMENTAL CONSER-
VATION, AS DIRECTED BY THE BOARD. ASSISTANCE SHALL ALSO BE  MADE  AVAIL-
ABLE,  AS  REQUESTED  BY THE BOARD, FROM OTHER AGENCIES, DEPARTMENTS AND
PUBLIC AUTHORITIES OF THE STATE. THE  BOARD  MAY  PROVIDE  FOR  ITS  OWN
REPRESENTATION IN ALL ACTIONS OR PROCEEDINGS IN WHICH IT IS A PARTY.
  3.  THE  BOARD SHALL HAVE THE POWERS: (A) TO ADOPT A STATE ENERGY PLAN
IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE;
  (B) TO ADOPT RULES AND REGULATIONS  AS  NECESSARY  OR  APPROPRIATE  TO
IMPLEMENT THIS ARTICLE;
  (C) TO ISSUE SUBPOENAS AND SUBPOENAS DUCES TECUM; AND
  (D)  TO  AUTHORIZE  ANY  PERSON TO CONDUCT HEARINGS WHICH THE BOARD IS
AUTHORIZED TO CONDUCT, TO TAKE TESTIMONY WITH RESPECT TO THE SUBJECT  OR
MATTER UNDER INVESTIGATION, AND TO REPORT THE TESTIMONY TO THE BOARD. IN
THE  CONDUCT  OF  SUCH  HEARINGS,  ANY PERSON SO AUTHORIZED BY THE BOARD
SHALL HAVE ALL THE POWERS OF THE BOARD.

A. 3368                             6

  S 6-104. STATE ENERGY PLAN. 1. THE BOARD SHALL ADOPT  A  STATE  ENERGY
PLAN IN ACCORDANCE WITH THE PROVISIONS OF THIS ARTICLE.
  2.  THE STATE ENERGY PLAN SHALL INCLUDE: (A) FORECASTS FOR A PERIOD OF
TWENTY YEARS OF (I) DEMAND FOR ELECTRICITY, NATURAL GAS, COAL AND PETRO-
LEUM PRODUCTS, INCLUDING  HEATING  AND  TRANSPORTATION  FUELS,  FOR  THE
SERVICE AREAS OF THE STATE'S MAJOR ELECTRIC AND GAS UTILITIES AND/OR THE
STATE  AS  A WHOLE, AS APPROPRIATE, TAKING INTO ACCOUNT ENERGY CONSERVA-
TION, LOAD MANAGEMENT  AND  OTHER  DEMAND-REDUCING  MEASURES  REASONABLY
EXPECTED TO OCCUR;
  (II) ENERGY SUPPLY REQUIREMENTS NEEDED TO SATISFY DEMAND FOR ELECTRIC-
ITY,  NATURAL  GAS,  COAL  AND PETROLEUM PRODUCTS, INCLUDING HEATING AND
TRANSPORTATION FUELS, FOR THE SERVICE AREAS OF THE STATE'S  MAJOR  ELEC-
TRIC  AND GAS UTILITIES AND/OR FOR THE STATE AS A WHOLE, AS APPROPRIATE,
INCLUDING WITH RESPECT TO ELECTRICITY, THE AMOUNT OF CAPACITY NEEDED  TO
PROVIDE ADEQUATE RESERVE MARGINS;
  (III)  AN  ASSESSMENT  OF  THE  ABILITY  OF THE EXISTING ENERGY SUPPLY
SOURCES AND THE EXISTING TRANSMISSION OR FUEL TRANSPORTATION SYSTEMS, TO
SATISFY, TOGETHER WITH THOSE SOURCES OR SYSTEMS REASONABLY CERTAIN TO BE
AVAILABLE, SUCH ENERGY SUPPLY REQUIREMENTS;
  (IV) ADDITIONAL ELECTRIC CAPACITY NEEDED TO MEET  SUCH  ENERGY  SUPPLY
REQUIREMENTS  THAT  WILL  NOT  BE  MET BY EXISTING SOURCES OF SUPPLY AND
THOSE REASONABLY CERTAIN TO BE AVAILABLE; AND
  (V) ENERGY PRICES;
  (B) IDENTIFICATION AND ANALYSIS OF  THE  COSTS,  RISKS,  BENEFITS  AND
UNCERTAINTIES OF ENERGY SUPPLY SOURCE ALTERNATIVES, INCLUDING DEMAND-RE-
DUCING MEASURES, FOR SATISFYING ENERGY SUPPLY REQUIREMENTS WHICH ARE NOT
REASONABLY  CERTAIN TO BE MET BY THE ENERGY SUPPLY SOURCES IDENTIFIED IN
SUBPARAGRAPH (III) OF PARAGRAPH (A) OF THIS SUBDIVISION,  PROVIDED  THAT
SUCH  ANALYSIS  SHALL INCLUDE THE FACTORS IDENTIFIED IN PARAGRAPH (D) OF
THIS SUBDIVISION;
  (C) IDENTIFICATION AND ANALYSIS OF EMERGING TRENDS RELATED  TO  ENERGY
SUPPLY, PRICE AND DEMAND, INCLUDING TRENDS RELATED TO THE TRANSPORTATION
SECTOR;
  (D)  A  STATEMENT  OF  ENERGY  POLICIES AND LONG-RANGE ENERGY PLANNING
OBJECTIVES AND STRATEGIES APPROPRIATE TO ACHIEVE,  AMONG  OTHER  THINGS,
THE  LEAST COST INTEGRATION OF ENERGY SUPPLY SOURCES AND DEMAND-REDUCING
MEASURES FOR SATISFYING ENERGY SUPPLY REQUIREMENTS, GIVING DUE REGARD TO
SUCH FACTORS AS  RATEPAYER  IMPACTS,  SECURITY  AND  DIVERSITY  OF  FUEL
SUPPLIES  AND  GENERATING MODES, PROTECTION OF PUBLIC HEALTH AND SAFETY,
ADVERSE AND BENEFICIAL ENVIRONMENTAL IMPACTS, CONSERVATION OF ENERGY AND
ENERGY RESOURCES AND THE ABILITY OF THE STATE TO COMPETE ECONOMICALLY;
  (E) RECOMMENDATIONS, AS APPROPRIATE AND DESIRABLE, FOR  ADMINISTRATIVE
AND LEGISLATIVE ACTIONS TO IMPLEMENT SUCH POLICIES, OBJECTIVES AND STRA-
TEGIES;
  (F) ANALYSIS OF THE PROBABLE IMPACT OF IMPLEMENTATION OF THE PLAN UPON
ECONOMIC DEVELOPMENT, HEALTH, SAFETY AND WELFARE, ENVIRONMENTAL QUALITY,
AND ENERGY COSTS FOR CONSUMERS, SPECIFICALLY LOW-INCOME CONSUMERS; AND
  (G) SUCH ADDITIONAL INFORMATION AS THE BOARD DEEMS APPROPRIATE.
  3. (A) THE STATE ENERGY PLAN SHALL PROVIDE GUIDANCE FOR ENERGY-RELATED
DECISIONS TO BE MADE BY THE PUBLIC AND PRIVATE SECTORS WITHIN THE STATE.
  (B)  ANY  ENERGY-RELATED  ACTION OR DECISION OF A STATE AGENCY, BOARD,
COMMISSION OR AUTHORITY SHALL BE REASONABLY CONSISTENT  WITH  THE  FORE-
CASTS  AND  THE  POLICIES  AND LONG-RANGE ENERGY PLANNING OBJECTIVES AND
STRATEGIES CONTAINED IN THE PLAN,  INCLUDING  ITS  MOST  RECENT  UPDATE;
PROVIDED, HOWEVER, THAT ANY SUCH ACTION OR DECISION WHICH IS NOT REASON-
ABLY  CONSISTENT  WITH  THE PLAN SHALL BE DEEMED IN COMPLIANCE WITH THIS

A. 3368                             7

SECTION, PROVIDED THAT SUCH ACTION OR DECISION INCLUDES A  FINDING  THAT
THE RELEVANT PROVISIONS OF THE PLAN ARE NO LONGER REASONABLE OR PROBABLE
BASED  ON A MATERIAL AND SUBSTANTIAL CHANGE IN FACT OR CIRCUMSTANCE, AND
A STATEMENT EXPLAINING THE BASIS FOR THIS FINDING.
  (C)  NO  ACTION  OR  DECISION  OF A STATE AGENCY, BOARD, COMMISSION OR
AUTHORITY THAT IS REQUIRED BY THIS SECTION TO BE  REASONABLY  CONSISTENT
WITH  THE  FORECASTS, POLICIES AND LONG-RANGE ENERGY PLANNING OBJECTIVES
AND STRATEGIES CONTAINED IN THE PLAN, INCLUDING ITS MOST RECENT  UPDATE,
SHALL  BE  DEEMED BY A COURT OF LAW TO BE UNREASONABLY INCONSISTENT WITH
SUCH FORECASTS, POLICIES, OBJECTIVES AND STRATEGIES, UNDER THIS  OR  ANY
OTHER PROVISION OF LAW, UNLESS A DETERMINATION TO THIS EFFECT IS MADE BY
THE BOARD UPON ITS OWN INITIATIVE OR FOLLOWING THE REFERRAL OF THE ISSUE
TO THE BOARD BY A COURT AFTER THE COMMENCEMENT OF A PROCEEDING CHALLENG-
ING SUCH ACTION.
  (D)  NOTHING  IN  THIS  SECTION SHALL LIMIT THE AUTHORITY OF ANY STATE
AGENCY, BOARD,  COMMISSION  OR  AUTHORITY  TO  DENY  AN  APPLICATION  TO
CONSTRUCT,  OPERATE  OR  MODIFY  AN  ENERGY FACILITY ON ENVIRONMENTAL OR
PUBLIC HEALTH AND SAFETY GROUNDS.
  (E) A STATE AGENCY, BOARD, COMMISSION OR AUTHORITY MAY  TAKE  OFFICIAL
NOTICE  OF  THE MOST RECENT FINAL STATE ENERGY PLAN ADOPTED BY THE BOARD
PRIOR TO ANY  FINAL  ENERGY-RELATED  DECISION  BY  SUCH  AGENCY,  BOARD,
COMMISSION OR AUTHORITY.
  S  6-106.  CONDUCT  OF THE STATE ENERGY PLANNING PROCEEDING. 1. BY MAY
FIRST, TWO THOUSAND ELEVEN, AND EVERY FOUR YEARS FOLLOWING THE  ADOPTION
OF  THE  MOST RECENT PLAN, THE STATE ENERGY PLANNING BOARD SHALL ADOPT A
STATE ENERGY PLAN, WHICH ADDRESSES EACH ITEM IDENTIFIED  IN  SUBDIVISION
TWO  OF  SECTION  6-104 OF THIS ARTICLE PROVIDED, HOWEVER, THE BOARD MAY
ADOPT SUCH A PLAN MORE FREQUENTLY FOR GOOD CAUSE SHOWN.
  2. THE  BOARD  SHALL  CONDUCT  A  STATE  ENERGY  PLANNING  PROCEEDING,
CONSISTENT  WITH  THE NEED TO DEVELOP THE PLAN IN A TIMELY MANNER, WHICH
SHALL PROVIDE FOR THE FOLLOWING AT A MINIMUM:
  (A) THE FILING OF INFORMATION BY MAJOR ENERGY SUPPLIERS  AS  SPECIFIED
IN SUBDIVISION THREE OF THIS SECTION;
  (B)  THE  PREPARATION  AND ISSUANCE OF A DRAFT PLAN, SUBSEQUENT TO THE
FILING OF INFORMATION BY MAJOR ENERGY  SUPPLIERS,  WHICH  SHALL  ADDRESS
EACH  ITEM  IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTI-
CLE;
  (C) PUBLIC COMMENT HEARINGS, IN AT LEAST THREE GEOGRAPHIC LOCATIONS IN
THE STATE, AND AN OPPORTUNITY TO SUBMIT WRITTEN COMMENTS, SUBSEQUENT  TO
THE ISSUANCE OF A DRAFT PLAN, TO OBTAIN VIEWS AND COMMENTS OF INTERESTED
PERSONS ON ANY ASPECT OF, OR ISSUE ADDRESSED IN, SUCH DRAFT PLAN;
  (D)  EVIDENTIARY  HEARINGS,  AT  THE REQUEST OF ANY INTERESTED PERSON,
SUBSEQUENT TO THE ISSUANCE OF A DRAFT PLAN, ON THE ISSUES IDENTIFIED  IN
PARAGRAPH  (A) OF SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE OR ON
THE FACTUAL BASIS FOR ANY OTHER ISSUE IDENTIFIED IN SUBDIVISION  TWO  OF
SECTION 6-104 OF THIS ARTICLE; AND
  (E)  SUBMISSION OF A NOTICE FOR ANY HEARING OR OPPORTUNITY FOR COMMENT
PROVIDED FOR PURSUANT TO THIS SUBDIVISION  FOR  PUBLICATION  WITHIN  THE
STATE REGISTER.
  3.  INFORMATION  FILED  BY  MAJOR  ENERGY  SUPPLIERS SHALL INCLUDE THE
FOLLOWING:
  (A) THE MEMBERS OF THE  NEW  YORK  POWER  POOL,  INCLUDING  THE  POWER
AUTHORITY  OF  THE  STATE OF NEW YORK, SHALL PREPARE AND SUBMIT A SINGLE
COMPREHENSIVE  LONG-RANGE  PLAN  FOR  FUTURE  OPERATIONS,  WHICH   SHALL
INCLUDE:

A. 3368                             8

  (I)  A  FORECAST OF ELECTRICITY DEMANDS OVER A PERIOD OF TWENTY YEARS,
INCLUDING ANNUAL IN-STATE ELECTRIC ENERGY SALES AND  SUMMER  AND  WINTER
PEAK  LOADS  BY UTILITY SERVICE AREA, AND TOTAL ANNUAL IN-STATE ELECTRIC
ENERGY SALES AND COINCIDENT PEAK LOAD ON A STATEWIDE BASIS, SPECIFICALLY
IDENTIFYING THE EXTENT TO WHICH ENERGY CONSERVATION, LOAD MANAGEMENT AND
OTHER  DEMAND-REDUCING MEASURES, AND ELECTRIC ENERGY GENERATED BY COGEN-
ERATION, SMALL HYDRO AND ALTERNATE ENERGY PRODUCTION FACILITIES CONSUMED
ON SITE, HAVE BEEN INCORPORATED WITHIN SUCH FORECAST;
  (II) A FORECAST OF ELECTRICITY SUPPLY REQUIREMENTS OVER  A  PERIOD  OF
TWENTY  YEARS, STATEWIDE AND BY UTILITY SERVICE AREA, SPECIFICALLY IDEN-
TIFYING THE AMOUNT OF RESERVE MARGINS  REQUIRED  FOR  RELIABLE  ELECTRIC
SERVICE,  THE  AMOUNTS  OF TRANSMISSION AND DISTRIBUTION LOSSES ASSUMED,
AND THE AMOUNT OF OUT-OF-STATE SALES COMMITMENTS;
  (III) AN ASSESSMENT OF THE  ABILITY  OF  EXISTING  ELECTRICITY  SUPPLY
SOURCES,  AND THOSE REASONABLY CERTAIN TO BE AVAILABLE, TO SATISFY ELEC-
TRICITY SUPPLY REQUIREMENTS, INCLUDING  ELECTRIC  GENERATING  FACILITIES
WHICH  CAN  BE  RETAINED  IN  SERVICE  BEYOND THEIR ORIGINAL DESIGN LIFE
THROUGH ROUTINE MAINTENANCE AND REPAIRS;
  (IV) AN INVENTORY OF (1) ALL EXISTING ELECTRIC GENERATING  AND  TRANS-
MISSION  FACILITIES  OPERATED BY MEMBERS OF THE POWER POOL INCLUDING THE
POWER AUTHORITY OF THE STATE OF NEW YORK, (2)  ELECTRIC  GENERATING  AND
TRANSMISSION  FACILITIES UNDER CONSTRUCTION BY MEMBERS OF THE POWER POOL
INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW  YORK,  INCLUDING  THE
DATES FOR COMPLETION AND OPERATION, (3) THE ANTICIPATED RETIREMENT DATES
FOR  ELECTRIC GENERATING FACILITIES CURRENTLY OPERATED BY MEMBERS OF THE
POWER POOL INCLUDING THE POWER AUTHORITY OF THE STATE OF NEW  YORK,  (4)
LAND OWNED BY THE MEMBERS OF THE POWER POOL INCLUDING THE POWER AUTHORI-
TY  OF  THE STATE OF NEW YORK AND HELD FOR FUTURE USE AS SITES FOR MAJOR
ELECTRIC GENERATING FACILITIES, AND (5) ELECTRIC  GENERATING  FACILITIES
OPERATED,  OR  PLANNED TO BE OPERATED, BY OTHERS, TO THE EXTENT INFORMA-
TION CONCERNING THE SAME IS KNOWN;
  (V) RECOMMENDED SUPPLY ADDITIONS  AND  DEMAND  REDUCING  MEASURES  FOR
SATISFYING  THE  ELECTRICITY SUPPLY REQUIREMENTS, NOT REASONABLY CERTAIN
TO BE MET BY ELECTRICITY SUPPLY SOURCES IDENTIFIED IN SUBPARAGRAPH (III)
OF THIS PARAGRAPH, INCLUDING THE LIFE  EXTENSION  OF  EXISTING  ELECTRIC
GENERATING FACILITIES, AND REASONS THEREFOR;
  (VI)  A  STATEMENT OF RESEARCH AND DEVELOPMENT PLANS, INCLUDING OBJEC-
TIVES AND PROGRAMS IN THE AREAS OF ENERGY CONSERVATION, LOAD MANAGEMENT,
ELECTRIC  GENERATION  AND  TRANSMISSION,  NEW  ENERGY  TECHNOLOGIES  AND
POLLUTION  ABATEMENT AND CONTROL, RECENT RESULTS OF SUCH PROGRAMS UNDER-
TAKEN OR FUNDED TO DATE, AND AN ASSESSMENT OF THE POTENTIAL  IMPACTS  OF
SUCH RESULTS;
  (VII)  A  PROJECTION OF ESTIMATED ELECTRICITY PRICES TO CONSUMERS OVER
THE FORECAST PERIOD;
  (VIII) A DESCRIPTION OF  THE  LOAD  FORECASTING  METHODOLOGY  AND  THE
ASSUMPTIONS  AND  DATA USED IN THE PREPARATION OF THE FORECASTS, SPECIF-
ICALLY INCLUDING PROJECTIONS OF DEMOGRAPHIC AND  ECONOMIC  ACTIVITY  AND
SUCH  OTHER  FACTORS, STATEWIDE AND BY SERVICE AREA, WHICH MAY INFLUENCE
ELECTRICITY DEMAND, AND THE BASIS FOR SUCH PROJECTIONS;
  (IX) PROPOSED POLICIES, OBJECTIVES  AND  STRATEGIES  FOR  MEETING  THE
STATE'S FUTURE ELECTRICITY NEEDS; AND
  (X)  SUCH  ADDITIONAL  INFORMATION  AS  THE  BOARD MAY, BY REGULATION,
REQUIRE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
  (B) THE MEMBERS OF THE NEW YORK GAS GROUP SHALL PREPARE AND  SUBMIT  A
SINGLE  COMPREHENSIVE LONG-RANGE PLAN FOR FUTURE OPERATIONS, WHICH SHALL
INCLUDE:

A. 3368                             9

  (I) A FORECAST OVER A PERIOD OF TWENTY YEARS, STATEWIDE AND BY UTILITY
SERVICE AREA, OF ESTIMATED ANNUAL  IN-STATE  GAS  SALES,  WINTER  SEASON
SALES AND PEAK DAY SALES BY APPROPRIATE END-USE CLASSIFICATIONS, SPECIF-
ICALLY  IDENTIFYING THE EXTENT TO WHICH ENERGY CONSERVATION MEASURES AND
THE  SALE OF GAS OWNED BY PERSONS OTHER THAN THE MEMBERS OF THE NEW YORK
GAS GROUP DIRECTLY TO END-USERS HAVE BEEN INCORPORATED WITHIN SUCH FORE-
CAST;
  (II) A FORECAST OF GAS SUPPLY REQUIREMENTS OVER  A  PERIOD  OF  TWENTY
YEARS,  STATEWIDE  AND BY UTILITY SERVICE AREA, SPECIFICALLY IDENTIFYING
THE AMOUNTS OF GAS NEEDED TO MEET SEVERE WEATHER  CONDITIONS,  LOST  AND
UNACCOUNTED FOR GAS, OUT-OF-STATE SALES COMMITMENTS AND INTERNAL USE;
  (III) AN ASSESSMENT OF THE ABILITY OF EXISTING GAS SUPPLY SOURCES, AND
THOSE REASONABLY CERTAIN TO BE AVAILABLE, TO SATISFY GAS SUPPLY REQUIRE-
MENTS;
  (IV)  AN INVENTORY OF (1) ALL EXISTING SUPPLY SOURCES, STORAGE FACILI-
TIES, AND TRANSMISSION FACILITIES WHICH ARE USED  IN  PROVIDING  SERVICE
WITHIN  THE  STATE,  (2)  THE  TRANSMISSION AND STORAGE FACILITIES UNDER
CONSTRUCTION WHICH WOULD BE USED IN PROVIDING SERVICE WITHIN THE  STATE,
THEIR  PROJECTED  COSTS  AND CAPACITIES, INCLUDING PEAKING CAPACITY, (3)
TRANSMISSION FACILITY ADDITIONS PROPOSED TO BE CONSTRUCTED BY MEMBERS OF
THE GAS GROUP, (4) TRANSMISSION FACILITIES OPERATED, OR  PLANNED  TO  BE
OPERATED,  BY  OTHERS,  TO THE EXTENT INFORMATION CONCERNING THE SAME IS
KNOWN;
  (V) RECOMMENDED SUPPLY  ADDITIONS  AND  DEMAND-REDUCING  MEASURES  FOR
SATISFYING THE GAS SUPPLY REQUIREMENTS, NOT REASONABLY CERTAIN TO BE MET
BY GAS SUPPLY SOURCES IDENTIFIED IN SUBPARAGRAPH (III) OF THIS PARAGRAPH
AND THE REASONS THEREFOR;
  (VI)  A PROJECTION OF ESTIMATED GAS PRICES TO CONSUMERS OVER THE FORE-
CAST PERIOD;
  (VII) A DESCRIPTION  OF  THE  LOAD  FORECASTING  METHODOLOGY  AND  THE
ASSUMPTIONS  AND  DATA USED IN THE PREPARATION OF THE FORECASTS, SPECIF-
ICALLY INCLUDING PROJECTIONS OF DEMOGRAPHIC AND  ECONOMIC  ACTIVITY  AND
SUCH  OTHER  FACTORS, STATEWIDE AND BY SERVICE AREA, WHICH MAY INFLUENCE
DEMAND FOR NATURAL GAS, AND THE BASIS FOR SUCH PROJECTIONS;
  (VIII) A STATEMENT OF RESEARCH AND DEVELOPMENT PLANS, INCLUDING OBJEC-
TIVES AND PROGRAMS IN THE AREAS OF ENERGY CONSERVATION  AND  NEW  ENERGY
TECHNOLOGIES,  RECENT  RESULTS  OF SUCH PROGRAMS UNDERTAKEN OR FUNDED TO
DATE, AND AN ASSESSMENT OF THE POTENTIAL IMPACTS OF SUCH RESULTS;
  (IX) PROPOSED POLICIES, OBJECTIVES  AND  STRATEGIES  FOR  MEETING  THE
STATE'S FUTURE GAS NEEDS; AND
  (X)  SUCH  ADDITIONAL  INFORMATION  AS  THE  BOARD MAY, BY REGULATION,
REQUIRE TO CARRY OUT THE PURPOSES OF THIS ARTICLE.
  (C) SUCH INFORMATION FROM MAJOR PETROLEUM  SUPPLIERS  AND  MAJOR  COAL
SUPPLIERS  AS  THE  BOARD  MAY,  BY REGULATION, REQUIRE TO CARRY OUT THE
PURPOSES OF THIS ARTICLE.
  4. ANY INFORMATION FILED BY A MAJOR ENERGY SUPPLIER UNDER THIS SECTION
THAT IS CLAIMED TO BE CONFIDENTIAL SHALL BE TREATED IN  ACCORDANCE  WITH
REGULATIONS  ADOPTED  BY  THE  BOARD  PERTAINING TO THE DETERMINATION OF
CONFIDENTIAL STATUS AND THE RETENTION OF CONFIDENTIAL RECORDS.
  5. COPIES OF THE DRAFT PLAN, AND ALL NON-CONFIDENTIAL INFORMATION  AND
COMMENTS  FILED  PURSUANT TO THIS SECTION SHALL BE MADE AVAILABLE TO THE
PUBLIC FOR INSPECTION.
  6. THE BOARD MAY AMEND THE STATE ENERGY PLAN, OR ASPECTS THEREOF, UPON
ITS OWN INITIATIVE OR UPON THE WRITTEN  APPLICATION  OF  ANY  INTERESTED
PERSON. IN CONNECTION WITH ANY SUCH AMENDMENT, THE BOARD MAY REQUIRE THE
FILING OF SUCH INFORMATION BY MAJOR ENERGY SUPPLIERS AS MAY BE REQUIRED,

A. 3368                            10

CONSISTENT  WITH REGULATION. PRIOR TO ADOPTING ANY PROPOSED AMENDMENT TO
AN ELEMENT OF THE PLAN IDENTIFIED IN PARAGRAPH (A) OF SUBDIVISION TWO OF
SECTION 6-104 OF THIS ARTICLE, THE BOARD SHALL  HOLD  EVIDENTIARY  HEAR-
INGS,  UPON THE WRITTEN APPLICATION OF AN INTERESTED PARTY. IN ADDITION,
UPON THE WRITTEN APPLICATION OF AN INTERESTED  PARTY,  THE  BOARD  SHALL
CONDUCT  EVIDENTIARY  HEARINGS  ON THE FACTUAL BASIS FOR ANY OTHER ISSUE
IDENTIFIED IN SUBDIVISION TWO OF SECTION 6-104 OF THIS ARTICLE. PRIOR TO
ADOPTING A PROPOSED AMENDMENT TO ANY ELEMENT  OF  THE  PLAN,  THE  BOARD
SHALL  PREPARE  AND  PUBLISH  IN  THE STATE REGISTER NOTICE OF ANY DRAFT
AMENDMENT AND REASONS THEREFOR AND SHALL SOLICIT PUBLIC COMMENTS  THERE-
ON.  THE  BOARD  SHALL  ADOPT  AN AMENDMENT TO THE STATE ENERGY PLAN, OR
ASPECTS THEREOF, UPON A FINDING BY THE BOARD THAT THERE HAS BEEN A MATE-
RIAL AND SUBSTANTIAL CHANGE IN  FACT  OR  CIRCUMSTANCE  SINCE  THE  MOST
RECENT  PLAN  WAS  ADOPTED. A DECISION OF THE BOARD THAT NO AMENDMENT IS
NECESSARY, TOGETHER WITH  THE  REASONS  SUPPORTING  SUCH  DETERMINATION,
SHALL BE FINAL.
  7. ANY PERSON WHO PARTICIPATED IN THE STATE ENERGY PLANNING PROCEEDING
OR  ANY PERSON WHO SOUGHT AN AMENDMENT OF THE STATE ENERGY PLAN PURSUANT
TO SUBDIVISION SIX OF THIS SECTION,  MAY  OBTAIN,  PURSUANT  TO  ARTICLE
SEVENTY-EIGHT  OF  THE  CIVIL PRACTICE LAW AND RULES, JUDICIAL REVIEW OF
THE BOARD'S DECISION ADOPTING A PLAN, OR ANY AMENDMENT  THERETO,  OR  OF
THE  BOARD'S DECISION NOT TO AMEND SUCH PLAN PURSUANT TO SUBDIVISION SIX
OF THIS SECTION. ANY SUCH SPECIAL PROCEEDING SHALL  BE  BROUGHT  IN  THE
APPELLATE DIVISION OF THE SUPREME COURT OF THE STATE OF NEW YORK FOR THE
THIRD  JUDICIAL  DEPARTMENT.  SUCH  PROCEEDING SHALL BE INITIATED BY THE
FILING OF A PETITION IN SUCH COURT WITHIN THIRTY DAYS AFTER THE ISSUANCE
OF A DECISION BY THE BOARD. THE PROCEEDING SHALL HAVE A  LAWFUL  PREFER-
ENCE  OVER  ANY  OTHER  MATTER, SHALL BE HEARD ON AN EXPEDITED BASIS AND
SHALL BE COMPLETED IN ALL RESPECTS,  INCLUDING  ANY  SUBSEQUENT  APPEAL,
WITHIN ONE HUNDRED EIGHTY DAYS OF THE FILING OF THE PETITION. WHERE MORE
THAN ONE SUCH PETITION IS FILED, THE COURT MAY PROVIDE FOR CONSOLIDATION
OF  THE  PROCEEDINGS. NOTWITHSTANDING THE PROVISIONS OF ARTICLE SEVEN OF
THE PUBLIC SERVICE LAW, THE PROCEDURE  SET  FORTH  IN  THIS  SUBDIVISION
SHALL  CONSTITUTE THE EXCLUSIVE MEANS FOR SEEKING JUDICIAL REVIEW OF ANY
ELEMENT OF THE PLAN.
  8. PROCEEDINGS CONDUCTED PURSUANT TO THIS SECTION SHALL NOT BE CONSID-
ERED PART OF AN ADJUDICATORY PROCEEDING AS DEFINED IN SUBDIVISION  THREE
OF SECTION ONE HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT, OR
PART  OF  A RULE MAKING PROCEEDING HELD UNDER SUBDIVISION ONE OF SECTION
TWO HUNDRED TWO OF THE STATE ADMINISTRATIVE PROCEDURE ACT.
  S 6-108. RELIABILITY STUDY. 1. THE BOARD SHALL UNDERTAKE  A  STUDY  OF
THE  OVERALL  RELIABILITY  OF  THE  STATE'S  ELECTRIC  TRANSMISSION  AND
DISTRIBUTION SYSTEM. THE BOARD MAY  CONTRACT  WITH  AN  INDEPENDENT  AND
COMPETITIVELY  SELECTED  CONTRACTOR  TO  UNDERTAKE SUCH STUDY. THE BOARD
SHALL PREPARE A REPORT ON ITS FINDINGS AND LEGISLATIVE  RECOMMENDATIONS.
ON  OR  BEFORE  DECEMBER  FIRST,  TWO THOUSAND THIRTEEN, THE BOARD SHALL
TRANSMIT SUCH REPORT TO THE GOVERNOR, THE SPEAKER OF THE  ASSEMBLY,  THE
TEMPORARY  PRESIDENT  OF THE SENATE, THE CHAIRMAN OF THE ASSEMBLY ENERGY
COMMITTEE, AND THE CHAIRMAN OF THE SENATE ENERGY AND  TELECOMMUNICATIONS
COMMITTEE.
  2.  THE  STUDY SHALL INCLUDE, AT MINIMUM, AN ASSESSMENT OF EACH OF THE
FOLLOWING:
  (A) THE CURRENT AND PROJECTED RELIABILITY OF THE ELECTRIC POWER SYSTEM
OVER THE TERM OF THE PLANNING PERIOD,  WITH  SPECIFIC  FOCUS  ON  TRANS-
MISSION  SYSTEMS  AND DISTRIBUTION SYSTEMS WITHIN THE STATE. THE ASSESS-
MENT SHALL EXAMINE: (I) INVESTMENT IN INFRASTRUCTURE, INCLUDING  CAPITAL

A. 3368                            11

IMPROVEMENTS,  EXPANSIONS,  AND MAINTENANCE; AND (II) WORKFORCE UTILIZA-
TION.
  (B) THE POTENTIAL IMPACT OF THE FOLLOWING ON DISTRIBUTION SYSTEM RELI-
ABILITY  AND ON EACH FACTOR ENUMERATED IN PARAGRAPH (A) OF THIS SUBDIVI-
SION: (I) DISTRIBUTED ELECTRIC GENERATION, ESPECIALLY  GENERATION  USING
RENEWABLE  OR  INNOVATIVE ENERGY RESOURCES; (II) ENERGY CONSERVATION AND
EFFICIENCY; (III) LOAD CONTROL AND PEAK SHAVING MEASURES; (IV) CORPORATE
REORGANIZATION  OF  ELECTRIC  UTILITIES;  (V)  PERFORMANCE   RATEMAKING,
MULTI-YEAR  RATE AGREEMENTS, AND OTHER DEPARTURES FROM TRADITIONAL REGU-
LATORY MECHANISMS; AND (VI) LARGE SCALE INDUSTRIAL DEVELOPMENT.
  (C) THE POTENTIAL IMPACT OF THE FOLLOWING ON TRANSMISSION SYSTEM RELI-
ABILITY: (I) EACH FACTOR ENUMERATED IN PARAGRAPH (B)  OF  THIS  SUBDIVI-
SION;  (II)  CHANGES IN PROTOCOLS FOR ELECTRICITY DISPATCHED THROUGH THE
NEW YORK POWER POOL OR ITS SUCCESSOR OR SUCCESSORS; (III)  ACCOMMODATION
OF  PROPOSED  NEW  ELECTRIC  GENERATION FACILITIES OR REPOWERING OR LIFE
EXTENSION OF EXISTING FACILITIES; AND (IV) THE MARKET-DRIVEN  NATURE  OF
DECISIONS TO BUILD, SIZE, AND LOCATE SUCH FACILITIES.
  3.  THE  BOARD  SHALL  CONSULT  WITH  ENTITIES THAT HAVE RESOURCES AND
EXPERTISE TO ASSIST IN SUCH INVESTIGATION.
  (A) THE LONG ISLAND POWER AUTHORITY, THE POWER AUTHORITY OF THE  STATE
OF  NEW  YORK,  THE DEPARTMENT OF PUBLIC SERVICE, AND THE MEMBERS OF THE
NEW YORK POWER POOL OR ITS SUCCESSOR OR SUCCESSORS SHALL COOPERATE  WITH
THE BOARD AND ITS CONTRACTOR.
  (B)  THE  LONG  ISLAND  POWER AUTHORITY AND THE POWER AUTHORITY OF THE
STATE OF NEW YORK ARE AUTHORIZED, AS DEEMED FEASIBLE  AND  ADVISABLE  BY
THEIR  RESPECTIVE  BOARDS,  TO  MAKE A VOLUNTARY CONTRIBUTION TOWARD THE
INVESTIGATION.
  S 4. Subdivisions 4 and 8 of section 9-103 of the energy law, subdivi-
sion 4 as amended by chapter 83 of the laws of 1995 and subdivision 8 as
added by section 78 of part A of chapter 436 of the laws  of  1997,  are
amended to read as follows:
  4.  Agencies, municipalities, and public authorities are encouraged to
consult with and seek advice and assistance from the OFFICE AND THE  New
York  state  energy research and development authority concerning energy
performance contracts.
  8.  In the case of a school district or a board of cooperative  educa-
tional  services,  an energy performance contract shall be developed and
approved pursuant to the requirements of this section  and  pursuant  to
regulations promulgated by the commissioner of education in consultation
with  the  [New  York  state  energy research and development authority]
COMMISSIONER.  Such regulations shall include, but shall not be  limited
to:  a  list  of the appropriate type of projects that qualify as energy
performance contracts; an approval process that includes review  of  the
type  and  nature  of  the proposed project, the scope and nature of the
work to be performed, and a detailed breakdown of the energy savings  to
be  derived  each  year  and  for the duration of the energy performance
contract; and a  process  for  ensuring  that  districts  have  obtained
financing  at  the  lowest cost possible. Such regulations shall require
that all energy performance  contracts  which  contain  maintenance  and
monitoring  charges  as  part  of  the energy performance contract price
state such maintenance and monitoring charges separately in the contract
in a clear and conspicuous manner. [Such regulations shall not apply  to
energy performance contracts entered into prior to the effective date of
such  regulations,  nor shall they apply to energy performance contracts
for which a request for proposals was issued  prior  to  such  effective
date.]

A. 3368                            12

  S  5.  Continuance  of  rules and regulations. All rules, regulations,
acts, determinations and decisions of the commissioner  of  housing  and
community   renewal,   pertaining   to  the  state  energy  conservation
construction code established by article  11  of  the  energy  law,  and
assigned  by  this  act  to  the commissioner of the state energy office
shall continue in force and effect as rules, regulations, acts, determi-
nations and decisions of the state energy office or the commissioner  of
the state energy office until duly modified or repealed.
  S  6.  The energy law is amended by adding a new article 15 to read as
follows:
                                ARTICLE 15
                        ENERGY EFFICIENT DEVICES
SECTION 15-102. ENFORCEMENT POWERS.
        15-103. ANNUAL REPORT.
        15-104. EFFECT OF OTHER LAWS.
        15-108. ENERGY EFFICIENCY  OF  RESIDENTIAL  AND  COMMERCIAL  HOT
                  WATER HEATERS.
        15-110. REFRIGERATORS, REFRIGERATORS/FREEZERS AND FREEZERS.
        15-112. ELECTRIC DISHWASHERS.
        15-116. GAS APPLIANCES.
        15-118. AIR CONDITIONERS AND HEAT PUMPS.
        15-120. FLUORESCENT LAMP BALLASTS.
  S  15-102. ENFORCEMENT POWERS.  THE ATTORNEY GENERAL AND, IN ANY COUN-
TY, CITY, TOWN OR VILLAGE, THE CHIEF LEGAL OFFICER, THE CHIEF OFFICER OF
THE DEPARTMENT HAVING JURISDICTION OVER CONSUMER AFFAIRS OR ANY  DEPART-
MENT  OR  OFFICER DESIGNATED BY A LOCAL LAW OR ORDINANCE SHALL SEVERALLY
HAVE POWER TO CONDUCT  INVESTIGATIONS  REGARDING  COMPLIANCE  WITH  THIS
ARTICLE,  AND  TO INSTITUTE AN ACTION OR SPECIAL PROCEEDING IN ANY COURT
OF COMPETENT JURISDICTION TO ENJOIN  SUCH  VIOLATIONS  AND  RECOVER  THE
PENALTY SPECIFIED; PROVIDED, HOWEVER, THE ATTORNEY GENERAL MAY AT HIS OR
HER  OPTION NOTIFY A LOCAL GOVERNMENT THAT HE OR SHE INTENDS TO EXERCISE
EXCLUSIVE JURISDICTION WITH RESPECT TO SUCH ENFORCEMENT POWERS  AS  THEY
APPLY TO A SPECIFIC VIOLATION.
  S  15-103. ANNUAL REPORT. IN ITS ANNUAL REPORT TO THE GOVERNOR AND THE
LEGISLATURE, PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF SECTION 5-107
OF THIS CHAPTER, THE OFFICE SHALL PROVIDE A REVIEW OF THE  EFFECTIVENESS
OF THE PROVISIONS OF THIS ARTICLE.
  S  15-104. EFFECT OF OTHER LAWS. 1. IF THE COMMISSIONER SHALL BE NOTI-
FIED BY THE UNITED STATES DEPARTMENT OF ENERGY THAT A PETITION HAS  BEEN
FILED TO SUPERSEDE ANY REQUIREMENT OF THIS ARTICLE OR ANY STANDARD, RULE
OR  REGULATION  PROMULGATED  THEREUNDER THE COMMISSIONER SHALL DETERMINE
THE IMPACT OF SUCH PETITION OR APPLICABLE STATE REQUIREMENTS, STANDARDS,
RULES OR REGULATIONS. IF HE OR  SHE  DETERMINES  THAT  (A)  THERE  IS  A
SUBSTANTIAL  STATE  OR  LOCAL  NEED  WHICH IS SUFFICIENT TO JUSTIFY SUCH
STATE REQUIREMENT, (B) SUCH STATE REQUIREMENT  DOES  NOT  UNDULY  BURDEN
INTERSTATE  COMMERCE,  AND  (C)  SUCH  STATE REQUIREMENT CONTAINS A MORE
STRINGENT ENERGY EFFICIENCY  STANDARD  THAN  THE  CORRESPONDING  FEDERAL
STANDARD,  THE  COMMISSIONER  SHALL FILE PROMPTLY WITH THE UNITED STATES
DEPARTMENT OF ENERGY THE NECESSARY DOCUMENTS TO SO DEMONSTRATE,  AND  TO
REQUEST THAT THE PETITION TO SUPERSEDE BE DENIED.
  2.  THE  COMMISSIONER SHALL DETERMINE THE IMPACT OF ANY FEDERAL STAND-
ARD, RULE OR DETERMINATION WHICH WOULD  SUPERSEDE  THE  REQUIREMENTS  OF
THIS  ARTICLE.  IF  HE OR SHE DETERMINES THAT (A) ANY REQUIREMENT ESTAB-
LISHED BY THIS ARTICLE IS MORE  STRINGENT  THAN  AN  APPLICABLE  FEDERAL
STANDARD, RULE OR DETERMINATION, AND THAT SUCH FEDERAL STANDARD, RULE OR
DETERMINATION,  WOULD  SUPERSEDE  THE  REQUIREMENT  IN THIS ARTICLE, (B)

A. 3368                            13

THERE IS A SUBSTANTIAL STATE OR LOCAL NEED WHICH IS SUFFICIENT TO JUSTI-
FY SUCH STATE REQUIREMENT, AND (C) SUCH STATE REQUIREMENT DOES NOT UNDU-
LY BURDEN INTERSTATE COMMERCE, THE COMMISSIONER SHALL PROMPTLY  PETITION
THE UNITED STATES DEPARTMENT OF ENERGY REQUESTING A RULE THAT SUCH STATE
STANDARD, RULE OR DETERMINATION, NOT BE SUPERSEDED.
  S  15-108.  ENERGY  EFFICIENCY OF RESIDENTIAL AND COMMERCIAL HOT WATER
HEATERS. 1. AS USED IN THIS SECTION:
  (A) "RECOVERY EFFICIENCY" SHALL MEAN THE RATIO OF THE HEAT ABSORBED BY
THE WATER TO THE HEAT INPUT DELIVERED TO THE  HEATING  UNIT  DURING  THE
PERIOD  THAT  THE WATER TEMPERATURE IS RAISED FROM THE INLET TEMPERATURE
TO THE FINAL TEMPERATURE.
  (B) "STANDBY LOSSES" SHALL MEAN HEAT LOSSES OCCURRING WHILE  MAINTAIN-
ING  DESIGN  WATER  TEMPERATURE  OVER PERIODS WHEN NO HOT WATER IS BEING
DRAWN FROM THE WATER TANK.
  2. NO PERSON SHALL ADVERTISE, DISPLAY FOR SALE, OR SELL IN THIS  STATE
ANY  NEW ELECTRIC, GAS-FIRED OR OIL-FIRED HOT WATER HEATER TO BE USED IN
THIS STATE FOR DOMESTIC OR SANITARY PURPOSES UNLESS IT  SHALL  MEET  THE
FOLLOWING PERFORMANCE STANDARDS:
  (A)  FOR  AUTOMATIC  ELECTRIC  STORAGE WATER HEATERS, THE STANDBY LOSS
SHALL NOT EXCEED FOUR WATT-HOURS  PER  HOUR  PER  SQUARE  FOOT  OF  TANK
SURFACE AREA UNLESS SUPERSEDED BY MORE STRINGENT STANDARDS DETERMINED BY
THE OFFICE.
  (B)  FOR AUTOMATIC GAS-FIRED OR OIL-FIRED WATER HEATERS, UNLESS SUPER-
SEDED BY MORE STRINGENT STANDARDS DETERMINED BY THE OFFICE, THE  MINIMUM
RECOVERY  EFFICIENCY  SHALL  BE  SEVENTY-FIVE  PERCENT AND FOR AUTOMATIC
GAS-FIRED OR OIL-FIRED STORAGE WATER HEATERS THE STANDBY LOSS SHALL  NOT
EXCEED  A  PERCENT OF THE ENERGY INPUT EQUAL TO 2.3 PLUS THE QUOTIENT OF
67 DIVIDED BY THE RATED VOLUME IN GALLONS OF THE HEATER.
  (C) STANDBY LOSSES AND RECOVERY EFFICIENCIES SHALL  BE  DETERMINED  BY
METHODS  DESCRIBED  BY  THE  AMERICAN NATIONAL STANDARD INSTITUTE, INC.,
HITHERTO KNOWN AS ANSI  IN  ITS  PUBLICATIONS  ANSI  C72.1-72  AND  ANSI
Z21.10.3-74 UNLESS SUPERSEDED BY METHODS ESTABLISHED BY THE OFFICE.
  3.  IF  THE COMMISSIONER SHALL DETERMINE THAT NO HOT WATER HEATER OF A
CERTAIN CLASS, SIZE OR TYPE IS AVAILABLE WITH SUCH  EFFICIENCY  TO  MEET
THE  REQUIREMENTS  OF  THIS  SECTION, HE OR SHE MAY EXTEND THE EFFECTIVE
DATE FOR COMPLIANCE OF SUCH CLASS UNTIL SUCH HOT WATER HEATER IS  AVAIL-
ABLE.
  4.  SUCH  HOT  WATER  HEATER AND ITS PACKING CARTON, IF SUCH CARTON IS
PROVIDED, SHALL CARRY IN A CONSPICUOUS POSITION A NON-TRANSFERABLE  SIGN
OR  LABEL  STATING  THAT  SUCH HOT WATER HEATER MEETS THE MINIMUM ENERGY
EFFICIENCY REQUIREMENTS OF NEW YORK STATE.
  5. A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY  A  FINE
NOT TO EXCEED ONE THOUSAND DOLLARS.
  S  15-110.  REFRIGERATORS,  REFRIGERATORS/FREEZERS  AND  FREEZERS.  NO
REFRIGERATOR, REFRIGERATOR/FREEZER OR FREEZER WHICH IS  MANUFACTURED  ON
OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  ELEVEN,  AND WHICH CONTAINS A
CONTINUOUSLY  ENERGIZED  ELECTRICAL  RESISTANCE  HEATING  UNIT  FOR  THE
PURPOSE OF PREVENTING CONDENSATION ON THE JACKET, SHALL BE DISPLAYED FOR
SALE, ADVERTISED OR SOLD AT RETAIL IN THIS STATE, UNLESS IT POSSESSES AN
EASILY  ACCESSIBLE MANUALLY-OPERATED ELECTRICAL SWITCH CAPABLE OF TERMI-
NATING THE HEATING WHEN IT IS DEEMED NECESSARY. EACH SUCH  SWITCH  SHALL
BE  CLEARLY MARKED AS TO ITS PURPOSE AND FULLY DESCRIBED IN THE INSTRUC-
TION BOOK PROVIDED WITH THE APPLIANCE INCLUDING A CHART  THAT  INDICATES
THE  ANNUALIZED SAVINGS POSSIBLE BY USE OF THE SWITCH AT SEVERAL TYPICAL
COSTS OF ELECTRICITY, AND A STATEMENT OF PERCENTAGE  OF  ENERGY  SAVINGS
POSSIBLE BY USE OF SUCH SWITCH.

A. 3368                            14

  EACH  SUCH REFRIGERATOR, REFRIGERATOR/FREEZER OR FREEZER DISPLAYED FOR
SALE,  ADVERTISED,  OR  SOLD  WITHOUT  SUCH  A  SWITCH,   WITHOUT   SUCH
DESCRIPTION IN SUCH INSTRUCTION BOOK OR WITHOUT SUCH CHART AND STATEMENT
OF SAVINGS SHALL CONSTITUTE A VIOLATION.
  EACH  DAY  A  VIOLATION  IS  CONTINUED  SHALL  CONSTITUTE  A  SEPARATE
VIOLATION.
  A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE  NOT
TO EXCEED TWO HUNDRED FIFTY DOLLARS.
  S  15-112. ELECTRIC DISHWASHERS. NO ELECTRIC DISHWASHER WHICH IS MANU-
FACTURED ON OR AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, AND WHICH, UPON
TERMINATION OF THE RINSE CYCLE, AUTOMATICALLY  ENERGIZES  AN  ELECTRICAL
RESISTANCE  HEATING UNIT SHALL BE DISPLAYED FOR SALE, ADVERTISED OR SOLD
AT RETAIL IN THIS STATE UNLESS IT POSSESSES AN EASILY ACCESSIBLE MANUAL-
LY OPERATED ELECTRICAL SWITCH CAPABLE OF ELIMINATING THE  HEATING  PHASE
OF  THE  DISHWASHER'S  DRYING  CYCLE.  EACH SUCH SWITCH SHALL BE CLEARLY
MARKED AS TO ITS PURPOSE, AND FULLY DESCRIBED IN  THE  INSTRUCTION  BOOK
PROVIDED WITH THE APPLIANCE INCLUDING A CHART THAT INDICATES THE ANNUAL-
IZED  SAVINGS  POSSIBLE BY USE OF THE SWITCH AT SEVERAL TYPICAL COSTS OF
ELECTRICITY, AND A STATEMENT OF PERCENTAGE OF ENERGY SAVINGS POSSIBLE BY
USE OF SUCH SWITCH.
  EACH SUCH DISHWASHER DISPLAYED FOR SALE, ADVERTISED  OR  SOLD  WITHOUT
SUCH  A  SWITCH,  WITHOUT  SUCH  DESCRIPTION IN SUCH INSTRUCTION BOOK OR
WITHOUT  SUCH  CHART  AND  STATEMENT  OF  SAVINGS  SHALL  CONSTITUTE   A
VIOLATION.
  EACH  DAY  A  VIOLATION  IS  CONTINUED  SHALL  CONSTITUTE  A  SEPARATE
VIOLATION.
  A KNOWING VIOLATION OF THIS SECTION SHALL BE PUNISHABLE BY A FINE  NOT
TO EXCEED TWO HUNDRED FIFTY DOLLARS.
  S 15-116. GAS APPLIANCES. 1. LEGISLATIVE INTENT. THE LEGISLATURE HERE-
BY  FINDS AND DECLARES THAT CONSERVATION OF GASEOUS FUELS IS IN THE BEST
INTEREST OF THE HEALTH, SAFETY AND WELFARE OF THE CITIZENS OF THIS STATE
AND THAT SUCH CONSERVATION ALSO SHALL RESULT IN ECONOMIC SAVINGS TO  THE
USERS  OF  SUCH  FUELS.  THE  LEGISLATURE,  FURTHER, FINDS THAT WITH THE
ADVANCES IN TECHNOLOGY, THE USE  OF  CONTINUOUSLY  OPERATED  OR  LIGHTED
PILOT  LIGHTS  TO PROVIDE FOR IGNITION OF CERTAIN GAS APPLIANCES IS BOTH
WASTEFUL AND NO LONGER NECESSARY.
  2. DEFINITIONS. AS USED IN THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (A) GAS APPLIANCE. ANY FURNACE, AIR-CONDITIONER, HEATER, REFRIGERATOR,
STOVE,  RANGE,  DISHWASHER, CLOTHES DRYER, CLOTHES WASHER, OR OTHER SUCH
DEVICE, WHICH USES A GASEOUS FUEL OTHER THAN PROPANE FOR  THE  OPERATION
THEREOF,  AND  WHICH  IS  MANUFACTURED  AFTER THE EFFECTIVE DATE OF THIS
SECTION, AND IS AUTOMATICALLY IGNITED BY A MEANS OTHER THAN AN INTERMIT-
TENT IGNITION DEVICE.
  THE TERM GAS APPLIANCE SHALL NOT INCLUDE A WATER  HEATER  WHICH  HEATS
WATER  FOR  DOMESTIC  USE,  A  STOVE  OR RANGE WHICH CONTAINS A SEPARATE
SECTION  SPECIFICALLY  DESIGNED  TO  PROVIDE   SPACE   HEATING,   OR   A
GRAVITY-TYPE  ROOM  HEATER, WALL FURNACE OR FLOOR FURNACE WHICH DOES NOT
CONTAIN ANY ELECTRICAL COMPONENT.
  (B) AUTOMATIC GAS APPLIANCE. ANY  FURNACE,  AIR  CONDITIONER,  HEATER,
REFRIGERATOR,  STOVE,  RANGE, DISHWASHER, CLOTHES DRYER, CLOTHES WASHER,
OR OTHER SUCH DEVICE, WHICH USES A GASEOUS FUEL OTHER THAN  PROPANE  FOR
THE  OPERATION  THEREOF,  AND  WHICH IS MANUFACTURED AFTER THE EFFECTIVE
DATE OF THIS SECTION, AND IS AUTOMATICALLY IGNITED  BY  AN  INTERMITTENT
IGNITION DEVICE.

A. 3368                            15

  THE  TERM  AUTOMATIC  GAS  APPLIANCE  SHALL NOT INCLUDE A WATER HEATER
WHICH HEATS WATER FOR DOMESTIC USE, A STOVE OR RANGE  WHICH  CONTAINS  A
SEPARATE  SECTION  SPECIFICALLY  DESIGNED TO PROVIDE SPACE HEATING, OR A
GRAVITY-TYPE ROOM HEATER, WALL FURNACE OR FLOOR FURNACE WHICH  DOES  NOT
CONTAIN ANY ELECTRICAL COMPONENT.
  (C) RESIDENCE. ANY BUILDING OR STRUCTURE IN THIS STATE USED PRINCIPAL-
LY  FOR  DWELLING  PURPOSES,  INCLUDING,  BUT NOT LIMITED TO, SINGLE AND
MULTIPLE FAMILY DWELLINGS OR RESIDENCES OF ANY NATURE, INCLUDING  APART-
MENTS,  APARTMENT BUILDINGS, APARTMENT PROJECTS, CONDOMINIUMS AND MOBILE
HOMES, BUT NOT INCLUDING HOTELS OR MOTELS.
  (D) INTERMITTENT IGNITION DEVICE. A DEVICE WHICH IGNITES AN  AUTOMATIC
GAS  APPLIANCE TO BEGIN NORMAL OPERATION THEREOF, AND WHICH IS ACTIVATED
ONLY AT THE TIME SUCH AUTOMATIC GAS APPLIANCE IS TO BE SO IGNITED.
  3. PROHIBITIONS. THE FOLLOWING ACTS SHALL BE UNLAWFUL:
  (A) THE SALE OR OFFERING FOR SALE BY  ADVERTISEMENT  OR  OTHERWISE  OR
DISPLAYING FOR SALE OF GAS APPLIANCES FOR USE IN OR IN CONNECTION WITH A
RESIDENCE.
  (B) THE INSTALLATION OR CAUSING THE INSTALLATION OF A GAS APPLIANCE IN
A RESIDENCE.
  (C)  THE  IMPORTATION INTO THIS STATE OF A GAS APPLIANCE FOR USE IN OR
IN CONNECTION WITH A RESIDENCE.
  (D) THE DELIVERY IN THIS STATE AFTER SALE OR PURSUANT TO A CONTRACT OF
SALE OF A GAS APPLIANCE FOR USE IN OR IN CONNECTION WITH A RESIDENCE.
  (E) THE SALE OR DISPLAY FOR SALE OF AN AUTOMATIC GAS APPLIANCE FOR USE
IN OR IN CONNECTION WITH A RESIDENCE, UNLESS SUCH AUTOMATIC  GAS  APPLI-
ANCE  IS  LABELED  IN  A  MANNER VISIBLE TO THE PURCHASER OR PROSPECTIVE
PURCHASER WITH THE WORDS "INTERMITTENT IGNITION",  "ELECTRIC  IGNITION",
"PILOTLESS IGNITION", "PILOTLESS ELECTRIC IGNITION", "SPARK IGNITION" OR
SIMILAR WORDS APPROVED BY THE COMMISSIONER.
  4.  PENALTIES.  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE NOT EXCEEDING FIVE HUNDRED DOLLARS  FOR  EACH  SUCH
VIOLATION.  PROVIDED  THAT  EACH  DAY  OF  A  CONTINUING VIOLATION SHALL
CONSTITUTE A SEPARATE AND DISTINCT OFFENSE.
  S 15-118. AIR CONDITIONERS AND HEAT PUMPS. 1. DEFINITIONS. AS USED  IN
THIS ARTICLE:
  (A)  "AIR  CONDITIONER"  MEANS A COMBINATION OF COMPONENTS INCLUDING A
COMPRESSOR, A CONDENSER  AND  AN  EVAPORATOR  POWERED  BY  SINGLE  PHASE
CURRENT,  HAVING A COOLING CAPACITY RATING BELOW 65,000 BTU PER HOUR AND
WHICH IS DESIGNED FOR THE PURPOSE OF COOLING ONE  OR  MORE  ROOMS  OF  A
BUILDING.
  (B) "HEAT PUMP" MEANS A COMBINATION OF COMPONENTS INCLUDING A COMPRES-
SOR,  A  CONDENSER  AND AN EVAPORATOR, WHICH MAY UTILIZE AIR OR WATER AS
THE SOURCE OF HEAT, IS COMBINED WITH A CENTRAL AIR CONDITIONER,  AND  IS
DESIGNED  FOR  THE PURPOSE OF HEATING AND COOLING ONE OR MORE ROOMS OF A
BUILDING.
  (C) "ROOM AIR CONDITIONER" MEANS AN ENCASED AIR  CONDITIONER  DESIGNED
AS  A  UNIT FOR MOUNTING IN A WINDOW OR THROUGH THE WALL FOR THE PURPOSE
OF PROVIDING DELIVERY OF CONDITIONED AIR TO AN  ENCLOSED  SPACE  WITHOUT
DUCTS, AND WHICH IS NOT A PACKAGED TERMINAL AIR CONDITIONER.
  (D)  "CENTRAL AIR CONDITIONER" MEANS AN AIR CONDITIONER WHICH IS NOT A
ROOM AIR CONDITIONER OR A PACKAGED TERMINAL AIR CONDITIONER.
  (E) "COOLING CAPACITY RATING" MEANS THE QUANTITY OF  HEAT  IN  BRITISH
THERMAL  UNITS  (BTU) WHICH AN AIR CONDITIONER IS CAPABLE OF REMOVING IN
ONE HOUR.
  (F) "POWER RATING" MEANS THE POWER REQUIRED IN WATTS  TO  PRODUCE  THE
COOLING CAPACITY RATING.

A. 3368                            16

  (G)  "ENERGY EFFICIENCY RATIO (EER)" MEANS THE COOLING CAPACITY RATING
FOR ROOM AIR CONDITIONERS OR PACKAGED TERMINAL AIR CONDITIONERS  DIVIDED
BY THE POWER RATING.
  (H)  "SEASONAL ENERGY EFFICIENCY RATIO (SEER)" MEANS THE TOTAL COOLING
OF A CENTRAL AIR CONDITIONER IN BTU DURING ITS NORMAL ANNUAL USAGE PERI-
OD FOR COOLING DIVIDED BY THE TOTAL ELECTRIC POWER INPUT  IN  WATT-HOURS
DURING THE SAME PERIOD.
  (I) "ENERGY EFFICIENCY" MEANS THE EER OR SEER OF A ROOM AIR CONDITION-
ER OR CENTRAL AIR CONDITIONER RESPECTIVELY.
  (J)  "AT RETAIL" MEANS THE FIRST TRANSFER OF GOODS, FOR LAWFUL CONSID-
ERATION, FROM ANY PERSON WHO IS REGULARLY IN THE BUSINESS OF BUYING  AND
SELLING  NEW AIR CONDITIONERS AND/OR HEAT PUMPS FOR PROFIT TO ANY PERSON
WHO IS NOT REGULARLY IN THE BUSINESS  OF  BUYING  AND  SELLING  NEW  AIR
CONDITIONERS AND/OR HEAT PUMPS FOR PROFIT.
  (K)  "PACKAGED  TERMINAL  AIR  CONDITIONER"  MEANS A WALL SLEEVE AND A
SEPARATE UNCASED CHASSIS WITH  A  COMBINATION  OF  HEATING  AND  COOLING
ASSEMBLIES  INTENDED  FOR  MOUNTING THROUGH THE WALL. IT INCLUDES AN AIR
CONDITIONER, OUTDOOR LOUVERS, FORCED VENTILATION, CONTROLS, AND  HEATING
CAPABILITY BY HEAT PUMP, ELECTRICITY, HOT WATER OR STEAM.
  2.  LABELING  OF  NEW  AIR  CONDITIONERS AND HEAT PUMPS. (A) NO PERSON
SHALL SELL, OFFER, OR EXPOSE FOR SALE AT RETAIL ANY NEW ROOM AIR  CONDI-
TIONER  AS HEREINAFTER SPECIFIED UNLESS SUCH AIR CONDITIONER SHALL CARRY
IN A CONSPICUOUS POSITION A NAMEPLATE, SIGN OR LABEL  STATING  ITS:  (I)
COOLING CAPACITY RATING, (II) POWER RATING, AND (III) ENERGY EFFICIENCY.
  (B)  NO  PERSON SHALL SELL, OFFER OR EXPOSE FOR SALE AT RETAIL ANY NEW
CENTRAL AIR CONDITIONER OR HEAT PUMP UNLESS AN ENERGY FACT  SHEET  WHICH
DISCLOSES  THE (I) SEASONAL ENERGY EFFICIENCY RATIO AND (II) THE COOLING
CAPACITY RATING HAS BEEN SHOWN TO THE PURCHASER PRIOR TO THE SALE OF THE
PRODUCT. FOR PURPOSES OF PROVIDING THE REQUIRED  ENERGY  INFORMATION  ON
SPLIT  SYSTEM  CENTRAL  AIR  CONDITIONERS AND HEAT PUMPS, THE FACT SHEET
DISCLOSURE SHALL BE BASED ON SYSTEM PERFORMANCE OF THE SPECIFIC CONDENS-
ING UNIT AND EVAPORATOR COIL COMBINATION BEING SOLD.
  (C) IF  THE  FEDERAL  GOVERNMENT  SHALL  ADOPT  LABELING  REQUIREMENTS
DIFFERENT FROM THOSE REQUIRED IN PARAGRAPHS (A) AND (B) OF THIS SUBDIVI-
SION, THEN UPON THE EFFECTIVE DATE OF THE FEDERAL LABELING REQUIREMENTS,
NEW  AIR  CONDITIONERS  OR  HEAT  PUMPS OFFERED FOR SALE AT RETAIL SHALL
COMPLY WITH THE FEDERAL LABELING REQUIREMENTS, AND  THE  STATE  LABELING
REQUIREMENTS  SHALL  BE SUPERSEDED, PROVIDED, HOWEVER, FROM THE TIME THE
FEDERAL GOVERNMENT SHALL HAVE PRESCRIBED SUCH LABELING REQUIREMENTS,  TO
THE  TIME THAT SUCH REQUIREMENTS SHALL BECOME EFFECTIVE, COMPLIANCE WITH
THIS SECTION MAY BE MET BY  DISCLOSURE  OF  EITHER  THE  REQUIRED  STATE
LABELING INFORMATION OR THE PRESCRIBED FEDERAL LABELING INFORMATION.
  (D)  THE MONTH AND YEAR OF MANUFACTURE OF SUCH AIR CONDITIONER OR HEAT
PUMP SHALL BE MARKED IN A READILY ACCESSIBLE LOCATION ON OR IN SAID  AIR
CONDITIONER OR HEAT PUMP.
  3. TEST PROCEDURES. TEST PROCEDURES FOR THE PURPOSE OF DETERMINING THE
COMPLIANCE  WITH  THIS  SECTION  SHALL  BE IN ACCORDANCE WITH THE UNITED
STATES DEPARTMENT OF ENERGY (USDOE) TEST PROCEDURES IN EFFECT AT TIME OF
MANUFACTURE HOWEVER, IF NO USDOE TEST PROCEDURES HAVE BEEN ADOPTED,  THE
APPLICABLE TEST PROCEDURES ADOPTED BY THE AIR-CONDITIONING AND REFRIGER-
ATION INSTITUTE SHALL APPLY.
  4.  ENERGY EFFICIENCY STANDARDS. (A) ROOM AIR CONDITIONERS.  NO PERSON
SHALL SELL, OFFER FOR SALE, OR EXPOSE FOR SALE AT RETAIL, ANY  NEW  ROOM
AIR  CONDITIONER  WITH  AN  ENERGY  EFFICIENCY RATIO LESS THAN THE RATIO
LISTED:

A. 3368                            17

                   MINIMUM ENERGY EFFICIENCY RATIO (EER)
                        IN BTU PER HOUR PER WATT
                              NOMINAL             ENERGY
COOLING CAPACITY              OPERATING           EFFICIENCY
BTU PER HOUR                  VOLTAGE             STANDARDS

5,999 AND LESS                LESS THAN 150       7.5
6,000 AND OVER                LESS THAN 150       8.5
ALL SIZES                     150 OR GREATER      8.2
  (B)  CENTRAL  AIR  CONDITIONERS. NO PERSON SHALL SELL, OFFER FOR SALE,
EXPOSE FOR SALE AT RETAIL OR INSTALL ANY CENTRAL AIR CONDITIONER WITH  A
SEASONAL ENERGY EFFICIENCY RATIO OF LESS THAN 9.5.
  (C)  HEAT PUMPS. NO PERSON SHALL SELL, OFFER FOR SALE, EXPOSE FOR SALE
AT RETAIL OR INSTALL ANY COMBINED CENTRAL AIR CONDITIONER AND HEAT  PUMP
WITH A SEASONAL ENERGY EFFICIENCY RATIO OF LESS THAN 8.5.
  (D)  PACKAGED TERMINAL AIR CONDITIONERS.  PACKAGED TERMINAL AIR CONDI-
TIONERS SHALL MEET THE SAME REQUIREMENTS AS OTHER ROOM AIR CONDITIONERS,
AS SPECIFIED IN THIS SUBDIVISION, EXCEPT THAT NO  LATER  THAN  SEPTEMBER
FIRST,  TWO  THOUSAND  ELEVEN  THE OFFICE SHALL, AFTER CONSULTATION WITH
OTHER GOVERNMENT AGENCIES AND REPRESENTATIVES OF INDUSTRY  AS  IT  DEEMS
DESIRABLE, PROMULGATE A SCHEDULE OF MINIMUM ENERGY EFFICIENCY RATIOS FOR
SUCH PACKAGED TERMINAL AIR CONDITIONERS.
  5.  ADVERTISING OF AIR CONDITIONERS AND HEAT PUMPS. ANY PRINTED ADVER-
TISING FOR AIR CONDITIONERS OR HEAT PUMPS TO BE SOLD AT RETAIL INCLUDING
THE COOLING CAPACITY RATING SHALL ALSO  INCLUDE  THE  APPLICABLE  ENERGY
EFFICIENCY IN A TYPEFACE NO SMALLER THAN THAT OF THE CORRESPONDING COOL-
ING CAPACITY RATING.
  6.  PENALTIES.  ANY  PERSON  WHO  SHALL  VIOLATE ANY PROVISION OF THIS
SECTION EITHER PERSONALLY OR THROUGH AN  AGENT  OR  EMPLOYEE,  SHALL  BE
SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWENTY-FIVE DOLLARS NOR MORE
THAN  TWO HUNDRED FIFTY DOLLARS FOR EACH VIOLATION. FOR PURPOSES OF THIS
SECTION, THE SALE, OFFER FOR SALE, OR EXPOSURE FOR SALE OR  INSTALLATION
OF  ANY  ONE AIR CONDITIONER OR HEAT PUMP WHICH FAILS TO MEET THE STAND-
ARDS OF THIS SECTION, SHALL CONSTITUTE A VIOLATION.
  S 15-120. FLUORESCENT LAMP BALLASTS. 1. DEFINITIONS. AS USED  IN  THIS
SECTION:
  (A) "ANSI" MEANS THE AMERICAN NATIONAL STANDARDS INSTITUTE, INC.
  (B)  "BALLAST  EFFICIENCY  FACTOR"  MEANS  THE RATIO OF RELATIVE LIGHT
OUTPUT TO THE POWER INPUT.
  (C) "FLUORESCENT LAMP BALLAST" OR "BALLAST" MEANS A DEVICE TO  OPERATE
FLUORESCENT LAMPS BY PROVIDING A STARTING VOLTAGE AND CURRENT AND LIMIT-
ING  THE  CURRENT  DURING NORMAL OPERATION, AND WHICH IS (I) DESIGNED TO
OPERATE AT NOMINAL INPUT VOLTAGES OF ONE HUNDRED TWENTY OR  TWO  HUNDRED
SEVENTY-SEVEN VOLTS; (II) DESIGNED TO OPERATE WITH AN INPUT FREQUENCY OF
SIXTY  HERTZ; AND (III) DESIGNED FOR USE IN CONNECTION WITH AN F40T12 OR
F96T12 LAMP;  PROVIDED,  HOWEVER,  THAT  THIS  TERM  SHALL  NOT  INCLUDE
BALLASTS  WHICH  HAVE  A  DIMMING  CAPABILITY OR ARE INTENDED FOR USE IN
AMBIENT TEMPERATURES OF 0°F OR LESS OR HAVE A POWER FACTOR OF LESS  THAN
.60.
  (D)  "F40T12  LAMP"  MEANS  A  TUBULAR  FLUORESCENT  LAMP WHICH (I) IS
FORTY-EIGHT INCHES IN LENGTH AND ONE AND A HALF INCHES IN DIAMETER, (II)
HAS A MAXIMUM OPERATING CURRENT OF  GREATER  THAN  THREE  HUNDRED  FIFTY
MILLIAMPERES  AND LESS THAN FIVE HUNDRED MILLIAMPERES AND (III) CONFORMS
TO ANSI STANDARD C78.1 - 1978.
  (E) "F96T12 LAMP" MEANS A TUBULAR FLUORESCENT LAMP WHICH (I) IS  NINE-
TY-SIX  INCHES IN LENGTH AND ONE AND A HALF INCHES IN DIAMETER, (II) HAS

A. 3368                            18

A MAXIMUM OPERATING CURRENT OF GREATER THAN THREE HUNDRED FIFTY MILLIAM-
PERES AND LESS THAN FIVE HUNDRED MILLIAMPERES AND (III) CONFORMS TO ANSI
STANDARD C78.3 - 1978.
  (F)  "LUMINAIRE"  MEANS  A  COMPLETE  LIGHTING  UNIT  CONSISTING  OF A
FLUORESCENT LAMP, OR LAMPS, TOGETHER WITH PARTS DESIGNED  TO  DISTRIBUTE
THE LIGHT, TO POSITION AND PROTECT SUCH LAMPS, AND TO CONNECT SUCH LAMPS
TO THE POWER SUPPLY.
  (G)  "NOMINAL  INPUT  VOLTAGE" MEANS AN INPUT VOLTAGE WITHIN PLUS FIVE
PERCENT OR MINUS FIVE PERCENT OF A SPECIFIED VALUE.
  (H) "NOMINAL LAMP WATTS" MEANS THE WATTAGE AT WHICH A FLUORESCENT LAMP
IS DESIGNED TO OPERATE.
  (I) "POWER INPUT" MEANS THE POWER CONSUMPTION IN WATTS  OF  A  BALLAST
AND FLUORESCENT LAMP OR LAMPS, AS DETERMINED IN ACCORDANCE WITH THE TEST
PROCEDURES SPECIFIED IN SUBDIVISION TWO OF THIS SECTION.
  (J)  "RELATIVE  LIGHT OUTPUT" MEANS LIGHT OUTPUT DELIVERED THROUGH THE
USE OF A BALLAST DIVIDED BY THE LIGHT OUTPUT THROUGH THE USE OF A REFER-
ENCE BALLAST, EXPRESSED AS A PERCENT, AS DETERMINED IN  ACCORDANCE  WITH
THE TEST PROCEDURES SPECIFIED IN SUBDIVISION TWO OF THIS SECTION.
  2.  TEST  PROCEDURES.  RELATIVE  LIGHT OUTPUT AND POWER INPUT SHALL BE
DETERMINED IN ACCORDANCE WITH TEST PROCEDURES SPECIFIED BY ANSI STANDARD
C82.2-1977.
  3. ENERGY EFFICIENCY STANDARDS. (A) ON AND AFTER  JANUARY  FIRST,  TWO
THOUSAND ELEVEN, NO PERSON SHALL SELL, OFFER FOR SALE, INSTALL, OR CAUSE
TO  BE  INSTALLED  WITHIN  THE STATE ANY BALLAST MANUFACTURED AFTER SUCH
DATE WHICH HAS A BALLAST EFFICIENCY  FACTOR  LESS  THAN  THE  APPLICABLE
VALUE SET FORTH BELOW:
                          NOMINAL
BALLASTS DESIGNED FOR      INPUT     TOTAL NOMINAL       BALLAST
  THE OPERATION OF        VOLTAGE      LAMP WATTS    EFFICIENCY FACTOR
________________________________________________________________________
ONE F40T12 LAMP              120           40               1.805
                             277           40               1.805
TWO F40T12 LAMPS             120           80               1.060
                             277           80               1.050
TWO F96T12 LAMPS             120          150               0.570
                             277          150               0.570
PROVIDED,  HOWEVER,  THAT A BALLAST MANUFACTURED PRIOR TO JANUARY FIRST,
TWO THOUSAND ELEVEN WHICH DOES NOT MEET THE BALLAST  EFFICIENCY  FACTORS
SET  OUT ABOVE MAY BE SOLD, OFFERED FOR SALE, INSTALLED, OR CAUSED TO BE
INSTALLED WITHIN THE STATE ONLY IF THE DATE OF MANUFACTURE CAN BE READI-
LY DETERMINED FROM THE MODEL NUMBER OF OTHER IDENTIFICATION PROVIDED  ON
THE BALLAST CARTON.
  (B)  ON  AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, NO PERSON SHALL
SELL, OFFER FOR SALE, INSTALL, OR CAUSE TO BE INSTALLED WITHIN THE STATE
ANY BALLAST WHICH HAS A BALLAST EFFICIENCY FACTOR LESS THAN THE APPLICA-
BLE  VALUE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
  (C) ON AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, NO  PERSON  SHALL
SELL  OR  OFFER  FOR  SALE  WITHIN  THE STATE ANY LUMINAIRE CONTAINING A
BALLAST WHICH HAS A BALLAST EFFICIENCY FACTOR LESS THAN  THE  APPLICABLE
VALUE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION UNLESS SUCH BALLAST
WAS MANUFACTURED PRIOR TO JANUARY FIRST, TWO THOUSAND ELEVEN.
  (D)  ON  AND AFTER JANUARY FIRST, TWO THOUSAND ELEVEN, NO PERSON SHALL
SELL OR OFFER FOR SALE WITHIN THE STATE ANY LUMINAIRE WHICH  CONTAINS  A
BALLAST WITH A BALLAST EFFICIENCY FACTOR LESS THAN THE APPLICABLE FACTOR
SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.

A. 3368                            19

  4. (A) NO MANUFACTURER OF FLUORESCENT LAMP BALLASTS MANUFACTURED AFTER
JANUARY  FIRST, TWO THOUSAND ELEVEN SHALL SELL OR CAUSE SUCH BALLASTS TO
BE SOLD FOR RESALE OR INSTALLATION IN THE STATE UNLESS  THERE  HAS  BEEN
FILED  WITH THE OFFICE A COMPLIANCE STATEMENT WHICH INCLUDES THE FOLLOW-
ING  INFORMATION:  NAME  AND  ADDRESS OF THE BALLAST MANUFACTURER; BRAND
NAME AND MODEL NUMBER OF THE BALLAST; NAME AND ADDRESS  OF  THE  TESTING
AGENT  WHICH  PERFORMED  THE  TEST PROCEDURES NECESSARY TO DETERMINE THE
BALLAST EFFICIENCY FACTOR; THE DATE AND RESULTS  OF  SUCH  TEST;  AND  A
DECLARATION  THAT  THE  FLUORESCENT  LAMP  BALLAST  MEETS OR EXCEEDS THE
BALLAST  EFFICIENCY  FACTOR  SPECIFIED  IN  SUBDIVISION  THREE  OF  THIS
SECTION.
  (B)  THE  COMMISSIONER  MAY  DETERMINE THAT APPROVAL BY AN INDUSTRY OR
GOVERNMENTAL CERTIFICATION AGENCY WHICH  REVIEWS  THE  SAME  OR  SIMILAR
INFORMATION AS REQUIRED BY PARAGRAPH (A) OF THIS SUBDIVISION SHALL SERVE
IN LIEU OF THE COMPLIANCE STATEMENT.
  5.  PENALTIES.  A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL BE
PUNISHABLE BY A FINE NOT EXCEEDING ONE HUNDRED DOLLARS. FOR THE PURPOSES
OF THIS SECTION, EACH SALE, OFFER FOR SALE OR INSTALLATION OF A  BALLAST
WHICH FAILS TO MEET THE EFFICIENCY STANDARDS OF THIS SECTION, OR A LUMI-
NAIRE CONTAINING SUCH A BALLAST, SHALL CONSTITUTE A SEPARATE VIOLATION.
  S 7. Sections 12-101-a and 17-102 of the energy law are REPEALED.
  S  8.  Paragraph  a-1 of subdivision 1 of section 553 of the executive
law is REPEALED.
  S 9. Continuance of rules and  regulations.  All  rules,  regulations,
acts,  determinations  and  decisions  of  the state consumer protection
board, pertaining to articles 12 and 17 of the energy law, and  assigned
pursuant  to this act to the state energy office shall continue in force
and effect as rules, regulations, acts, determinations and decisions  of
the  state  energy office or the commissioner of the state energy office
until duly modified or repealed.
  S 10. Subdivision 1 of section 21 of the executive law, as amended  by
chapter 346 of the laws of 2002, is amended to read as follows:
  1.  There  is  hereby  created  in the executive department a disaster
preparedness commission consisting of the commissioners  of  transporta-
tion,   health,  STATE  ENERGY  OFFICE,  division  of  criminal  justice
services, education, [social services] TEMPORARY AND DISABILITY  ASSIST-
ANCE,  CHILDREN  AND  FAMILY SERVICES, economic development, agriculture
and markets, housing and community  renewal,  general  services,  labor,
environmental conservation, mental health, the president of the New York
state  energy research and development authority, the superintendents of
state police, insurance, banking, the secretary of state, the state fire
administrator, the chair of the public service commission, the  adjutant
general,  the  director of the state office for technology, the chairman
of the thruway authority, the chief professional officer  of  the  state
coordinating  chapter  of  the  American  Red Cross and three additional
members, to be appointed by the governor, two of  whom  shall  be  chief
executives.  The  governor  shall designate the chair of the commission.
The members of the commission, except those who serve ex officio,  shall
be  allowed their actual and necessary expenses incurred in the perform-
ance of their duties under this article but shall receive no  additional
compensation for services rendered pursuant to this article.
  S  11.  Paragraph (c) of subdivision 1 of section 169 of the executive
law, as amended by chapter 634 of the laws of 1998, is amended  to  read
as follows:
  (c)  commissioner of agriculture and markets, commissioner of alcohol-
ism and substance abuse services,  adjutant  general,  commissioner  and

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president  of  state  civil service commission, commissioner of economic
development, COMMISSIONER OF THE STATE ENERGY OFFICE, chair of the ener-
gy research and development authority, executive director of  the  board
of real property services, president of higher education services corpo-
ration, commissioner of motor vehicles, member-chair of board of parole,
director  of  probation  and  correctional alternatives, chair of public
employment relations board, secretary  of  state,  chair  of  the  state
racing  and  wagering  board,  [commissioner of alcoholism and substance
abuse services,] executive  director  of  the  housing  finance  agency,
commissioner  of  housing  and  community renewal, executive director of
state insurance fund,  commissioner-chair  of  state  liquor  authority,
chair of the workers' compensation board;
  S  12.  Paragraph  a  of subdivision 1 of section 374 of the executive
law, as amended by chapter 243 of the laws of 1997, is amended  to  read
as follows:
  a.  Two  members,  to  be  appointed  by  the governor, from among the
commissioners of the departments of economic  development,  correctional
services,  education,  health[,]  AND  labor[,  mental health and social
services], [office] OFFICES of general services, ENERGY, MENTAL  HEALTH,
AND  TEMPORARY AND DISABILITY ASSISTANCE, division of housing and commu-
nity renewal, and the superintendent of insurance.
  S 13. Subdivision 1 of section 5-0101 of the  environmental  conserva-
tion  law,  as amended by chapter 316 of the laws of 2001, is amended to
read as follows:
  1. There is hereby continued within the department the State  Environ-
mental  Board,  which  shall  consist  of sixteen members, including the
Commissioner of Environmental Conservation as chair; the Commissioner of
Health as vice chair; the  Commissioners  of  Agriculture  and  Markets,
Economic  Development,  Transportation, Labor, and Parks, Recreation and
Historic Preservation, the Secretary of State, the Chair of  the  Public
Service Commission, the [President of the New York State Energy Research
and  Development Authority] COMMISSIONER OF THE STATE ENERGY OFFICE, and
members to be appointed by the Governor with the advice and  consent  of
the Senate. None of the members appointed by the Governor shall be offi-
cers  or  employees of any state department or agency and each shall be,
by professional training or  experience  and  attainment,  qualified  to
analyze and interpret matters of environmental concern. Of such members,
one  shall  be representative of conservationists of the state and shall
be familiar with matters pertaining to the utilization  of  the  natural
resources  of  the state, one shall be representative of industry and as
such shall be employed by a manufacturer or public utility, one shall be
representative  of  agriculture  and  shall  be  familiar  with  matters
pertaining  to  agriculture and three shall be from the fields of public
health, natural sciences, urban studies or other disciplines relating to
the environment, ecology or natural resource management.
  S 14. Section  15-2901  of  the  environmental  conservation  law,  as
amended  by  chapter  83  of  the  laws  of  1995, is amended to read as
follows:
S 15-2901. Water resources planning council; organization.
  There is hereby established within the  department  [of  environmental
conservation]  a  water  resources planning council. It shall consist of
fifteen members, including the commissioners of agriculture and markets,
economic development, ENERGY, environmental conservation, health, trans-
portation, the chair of the public service commission, [president of the
New York state energy research and development authority,] secretary  of
state  and  seven  members  to be appointed by the governor including at

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least one member who shall  have  expertise  in  the  science  of  water
resources planning and at least one member selected from a list proposed
by  public interest or environmental citizens organizations. These seven
members  shall  serve terms of four years each. Two of the members shall
be appointed upon the recommendation  of  the  majority  leader  of  the
senate and two of the members shall be appointed upon the recommendation
of  the  speaker of the assembly. The governor shall select a chair from
among the members.   Meetings of the council  shall  be  called  by  the
chair. Members shall receive reimbursement for expenses.
  S  15.  Subdivisions  1  and 2 of section 23-0311 of the environmental
conservation law, as amended by chapter 83 of  the  laws  of  1995,  are
amended to read as follows:
  1. A thirteen member New York state oil, gas and solution mining advi-
sory  board  shall be created within the department to advise and assist
the commissioner and other state agencies  on  activities  and  policies
related to the development, operation and regulation of the oil, gas and
solution  mining  industry. The members shall be appointed by the gover-
nor, with a majority representative of the respective industries.  Three
of  the  members shall be appointed upon recommendation of the [majority
leader] TEMPORARY PRESIDENT of the senate and three of the members shall
be appointed  upon  recommendation  of  the  speaker  of  the  assembly.
Appointments  shall be made for three-year terms. Members shall continue
in office until their successors have been appointed and qualified.  The
governor  shall  select  a chair from among the members. The board shall
meet at least twice yearly and the members shall  receive  reimbursement
for  expenses.  The  department shall provide the board with secretarial
services.
  2. The chair of the public service commission, the [president  of  the
New  York  state energy research and development authority] COMMISSIONER
OF THE STATE ENERGY OFFICE, the state geologist,  and  the  commissioner
shall serve the board in an ex-officio capacity.
  S  16. Subdivision 3 of section 23-2101 of the environmental conserva-
tion law, as amended by chapter 83 of the laws of 1995,  is  amended  to
read as follows:
  3.  The  [Commissioner]  COMMISSIONER  shall be the official represen-
tative of this state on the Interstate Oil Compact  Commission.  At  the
direction  of  the  commissioner,  any  other officer or employee of the
department may serve as substitute representative in the place and stead
of the commissioner. The commissioner shall consult and coordinate  with
the  [president  of  the  New York state energy research and development
authority] COMMISSIONER OF THE STATE ENERGY OFFICE on issues relating to
state energy policy.
  S 17. The closing paragraph of section 391-a of the  general  business
law, as amended by chapter 83 of the laws of 1995, is amended to read as
follows:
  The  provisions  of  this section shall not apply to any person acting
pursuant to a directive or in accordance with an  order  issued  by  the
[governor] COMMISSIONER OF THE STATE ENERGY OFFICE to avert or alleviate
shortages  or  disruptions of supplies of liquid fuels, lubricating oils
or similar products. Any such directive or order may  impose  disclosure
requirements  deemed  by  [the  governor] SUCH COMMISSIONER to be in the
public interest.
  S 18. Section 84-a of the private housing finance law, as  amended  by
chapter 83 of the laws of 1995, is amended to read as follows:
  S  84-a.  Additional  supervision and regulation of housing companies.
The commissioner shall require that every company file with him,  within

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six  months  of  the  effective  date  of  regulations implementing this
section and in such format as the commissioner  shall  prescribe,  AFTER
CONSULTATION  WITH THE STATE ENERGY OFFICE, an energy audit report which
identifies  potential  energy-saving  building  improvements,  including
alterations, modifications and adjustments to  the  building  structure,
heating,  cooling,  lighting  and  ventilation  systems;  their relative
costs; potential energy and cost savings; and  simple  payback  periods,
which  for  the  purpose  of this section shall mean that period of time
within which the estimated cost of such improvements, exclusive  of  the
cost  of  capital,  would  be  recovered  from  the savings generated by
reduced energy consumption resulting from the improvements.  The  energy
audit  shall  be conducted by a public utility, an engineer or architect
licensed by the state, or the managing agent or other representative  of
the  company  IF  SUCH  INDIVIDUAL HAS ATTENDED AN ENERGY AUDIT TRAINING
WORKSHOP SPONSORED BY THE COMMISSIONER OF THE STATE ENERGY  OFFICE.    A
copy  of the energy audit report, required herein, shall be given to any
duly constituted tenant's association or cooperator's  advisory  council
and a copy shall be available for inspection and copying by any individ-
ual  tenant  who  requests  it. The commissioner shall also require that
every company certify by March thirty-first,  nineteen  hundred  eighty-
four  that all compatible conservation measures identified in the energy
audit report which have simple payback period of one year or  less  have
been  implemented;  provided,  however,  if  the commissioner determines
within sixty days of the date the energy audit report is filed that  one
or  more  of such identified conservation measures cannot be implemented
by March thirty-first, nineteen hundred eighty-four, given the projected
rent revenues and any other monies available to the company from reserve
funds, loans or grants from the state or federal government or any other
source, the  implementation  of  such  conservation  measures  shall  be
provided for according to a schedule prescribed by the commissioner.
  S  19. Subdivision 2 of section 1852 of the public authorities law, as
amended by chapter 83 of the  laws  of  1995,  is  amended  to  read  as
follows:
  2.  The membership of the authority shall consist of thirteen members,
to be as follows: the commissioner of the [department of transportation]
STATE ENERGY OFFICE, WHO SHALL BE THE CHAIR, the  commissioner  of  [the
department  of]  environmental  conservation,  the  chair  of the public
service commission, the chair of the power authority of the State of New
York, all of whom, EXCEPT THE CHAIR, shall serve  ex-officio;  and  nine
members  appointed by the governor by and with the advice and consent of
the senate; one of whom shall be an engineer  or  a  research  scientist
with  a  degree in the physical sciences or engineering who has not been
employed in the nuclear fission field  for  three  years  preceding  the
appointment and who shall not be so employed during his or her term; one
of  whom  shall  be  an  economist who shall not have received more than
one-tenth of his or her income from an electric utility or  gas  utility
for  three  years  preceding the appointment and who shall not so derive
more than one-tenth of his or her income during such term; one  of  whom
who  shall  be  a member of a not-for-profit environmental group; one of
whom shall be a member of a not-for-profit consumer group; one  of  whom
who  shall  be an officer of a utility primarily engaged in the distrib-
ution of gas; and one OF whom shall be an officer of an electric  utili-
ty.  [The  governor  shall  designate  the  chair.]  Of the nine members
appointed by the governor, two shall be  appointed  for  terms  expiring
April  first,  nineteen  hundred  seventy-eight,  two for terms expiring
April first, nineteen hundred  eighty,  two  for  terms  expiring  April

A. 3368                            23

first,  nineteen  hundred eighty-one, and three for terms expiring April
first, nineteen hundred eighty-two. Persons appointed  by  the  governor
for  full  terms  as successors to such members shall serve for terms of
six  years  each commencing as of April first. In the event of a vacancy
occurring in the office of a member by death, resignation or  otherwise,
the  governor  shall  appoint  a  successor,  by and with the advice and
consent of the senate, to serve the balance of the unexpired term.
  S 20. Subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 of  section  1854
of the public authorities law are REPEALED.
  S  21. Transfer of records. The president of the New York state energy
research and development authority shall deliver to the commissioner  of
the  state energy office all books, papers, records and property of such
authority pertaining to the functions transferred pursuant to  this  act
to the state energy office.
  S  22.  Continuity  of authority. For the purpose of succession to all
functions, powers, duties and obligations of the New York  state  energy
research and development authority transferred and assigned to, devolved
upon  and  assumed by the state energy office pursuant to this act, such
office shall be deemed and held to constitute the continuation  of  such
authority and not a different agency or authority.
  S  23. Completion of unfinished business. Any business or other matter
undertaken or commenced by the New York state energy research and devel-
opment authority pertaining to or connected with the functions,  powers,
obligations  and  duties hereby transferred and assigned, and pending on
the effective date of this act, may be conducted and  completed  by  the
state energy office.
  S  24.  Continuance  of rules and regulations. All rules, regulations,
acts, determinations and decisions of the New York state energy research
and development authority, pertaining to the functions  transferred  and
assigned pursuant to this act to the state energy office in force at the
time  of  such  transfer,  assignment,  assumption  or  devolution shall
continue in force and effect as rules, regulations, acts, determinations
and decisions  of  the  state  energy  office  until  duly  modified  or
repealed.
  S 25. Terms occurring in laws, contracts and other documents. Whenever
the  New  York  state  energy research and development authority and the
president thereof, the functions,  powers,  obligations  and  duties  of
which are transferred pursuant to this act to the state energy office or
the  commissioner  thereof,  are  referred  to or designated in any law,
contract or document pertaining to the  functions,  powers,  obligations
and  duties  hereby  transferred  and assigned, such reference or desig-
nation shall be deemed to refer  to  the  state  energy  office  or  the
commissioner thereof.
  S  26.  Existing  rights  and remedies preserved. No existing right or
remedy of any character shall be lost, impaired, or affected  by  reason
of the provisions  of this act.
  S 27. Pending actions and proceedings. No action or proceeding pending
at  the  time  this act takes effect, brought by or against the New York
state energy research and development authority or the president  there-
of, the functions, duties and obligations of which are assigned pursuant
to  this  act  to  the  state  energy  office  shall  be affected by any
provision of this act, but the same may be prosecuted or defended in the
name of the commissioner of the state energy office. In all such actions
and proceedings, the state energy office, upon application to the court,
shall be substituted as a party.

A. 3368                            24

  S 28. Transfer of appropriations heretofore made.  All  appropriations
or  reappropriations  heretofore  made  to  the  New  York  state energy
research and development authority for the functions, duties  and  obli-
gations  assigned  to  the  state energy office pursuant to this act, or
segregated  pursuant  to  law,  to the extent of remaining unexpended or
unencumbered balances thereof,  whether  allocated  or  unallocated  and
whether  obligated or unobligated, are transferred to and made available
for use and expenditure by the state energy office for the same purposes
for which originally appropriated or reappropriated and shall be payable
on vouchers certified or approved by the commissioner of the state ener-
gy office or duly authorized  representative  of  such  commissioner  on
audit and warrant of the comptroller.
  S  29.  The  state  energy  office shall administer loans, agreements,
contracts and commitments of the New  York  state  energy  research  and
development authority in effect as of the effective date of this act.
  S 30. This act shall take effect on the first of January next succeed-
ing  the date on which it shall have become a law; provided that any and
all actions necessary to implement the provisions of  this  act  on  its
effective  date are authorized and directed to be taken and completed on
or before such date.