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

                                  4888

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

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 certain 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.
                                                           LBD07921-01-1

A. 4888                             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. 4888                             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. 4888                             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. 4888                             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 THIRTEEN 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. 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. 4888                             6

  S 4. 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  5.  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. 4888                             7

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 THIRTEEN, 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. 4888                             8

  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  THIRTEEN,  AND  WHICH,
UPON  TERMINATION  OF  THE RINSE CYCLE, AUTOMATICALLY ENERGIZES AN ELEC-
TRICAL RESISTANCE HEATING UNIT 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 ELIMINATING THE HEATING
PHASE OF THE DISHWASHER'S DRYING CYCLE. EACH SUCH SWITCH SHALL BE CLEAR-
LY 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. 4888                             9

  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. 4888                            10

  (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. 4888                            11

                   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 THIRTEEN 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. 4888                            12

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  THIRTEEN,  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 THIRTEEN 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 THIRTEEN, 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 THIRTEEN, 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 THIRTEEN.
  (D) ON AND AFTER JANUARY FIRST, TWO THOUSAND THIRTEEN, 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. 4888                            13

  4. (A) NO MANUFACTURER OF FLUORESCENT LAMP BALLASTS MANUFACTURED AFTER
JANUARY  FIRST,  TWO THOUSAND THIRTEEN 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 6. Sections 12-101-a and 17-102 of the energy law are REPEALED.
  S  7.  Paragraph  a-1 of subdivision 1 of section 553 of the executive
law is REPEALED.
  S 8. 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 9. Subdivision 1 of section 21 of the executive law, as  amended  by
section  2  of  part  B of chapter 56 of the laws of 2010, 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, economic development, agriculture and markets, housing and  commu-
nity  renewal,  general  services,  labor,  environmental  conservation,
mental health, parks, recreation and historic preservation, correctional
services and children and family services, 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 directors of the offices within the  division  of  homeland
security  and  emergency  services,  the  office for technology, and the
office of victim services, the chairs  of  the  thruway  authority,  the
metropolitan  transportation  authority,  the port authority of New York
and New Jersey, 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. Each
member agency may designate an officer of that agency, with responsibil-
ity for disaster preparedness matters, who may represent that agency  on
the  commission.  The  commissioner of the division of homeland security
and emergency services shall serve as chair of the commission,  and  the
governor  shall  designate the vice chair of the commission. The members

A. 4888                            14

of the commission, except those who serve ex officio, shall  be  allowed
their actual and necessary expenses incurred in the performance of their
duties  under  this article but shall receive no additional compensation
for services rendered pursuant to this article.
  S  10.  Paragraph (c) of subdivision 1 of section 169 of the executive
law, as separately amended by section 66 of part A and section 2 of part
W of chapter 56 of the laws of 2010, is amended to read as follows:
  (c) commissioner of agriculture and markets, commissioner of  alcohol-
ism  and  substance  abuse  services, adjutant general, commissioner and
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, president of higher education
services corporation, commissioner of motor  vehicles,  member-chair  of
board  of  parole, 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  11.  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 12. 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 13. 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.

A. 4888                            15

  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
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  14.  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  15. 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 16. 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

A. 4888                            16

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  17.  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
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  18. 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

A. 4888                            17

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
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  19.  Subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 of section 1854
of the public authorities law are REPEALED.
  S 20. 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 21. 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 22. 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 23. 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 24. 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 25. 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 26. 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-

A. 4888                            18

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.
  S  27.  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  28.  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 29. 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.