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

                                  3762

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2015
                               ___________

Introduced  by M. of A. ENGLEBRIGHT, GALEF, COLTON -- Multi-Sponsored by
  -- M. of A. BRENNAN, COOK, HOOPER -- 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 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:
  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,

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07252-01-5

A. 3762                             2

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.
  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.

A. 3762                             3

  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.
  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.

A. 3762                             4

  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  SECRETARY  OF
STATE, THE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE PUBLIC SERVICE
COMMISSION, THE POWER AUTHORITY OF THE STATE OF NEW YORK AND THE COMMIS-
SIONER.  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

A. 3762                             5

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 COMPRE-
HENSIVE STATE ENERGY POLICY.
  S 5-123. REVIEW AND RECOMMENDATIONS ON CONTINUATION. 1.  IN  THE  YEAR
TWO  THOUSAND  SEVENTEEN 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.]
  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

A. 3762                             6

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)
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.

A. 3762                             7

  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 SEVENTEEN,  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.
  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.

A. 3762                             8

  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 SEVENTEEN, 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.
  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.

A. 3762                             9

  (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.
  (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-

A. 3762                            10

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

A. 3762                            11

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 SEVENTEEN, 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 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

A. 3762                            12

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  SEVENTEEN,  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 SEVENTEEN  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 READILY DETERMINED FROM THE MODEL NUMBER OR OTHER IDENTIFICATION
PROVIDED ON THE BALLAST CARTON.
  (B) ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  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
APPLICABLE  VALUE SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
  (C) ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  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 SEVENTEEN.
  (D) ON AND AFTER JANUARY FIRST,  TWO  THOUSAND  SEVENTEEN,  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 APPLI-
CABLE FACTOR SET FORTH IN PARAGRAPH (A) OF THIS SUBDIVISION.
  4. (A) NO MANUFACTURER OF FLUORESCENT LAMP BALLASTS MANUFACTURED AFTER
JANUARY FIRST, TWO THOUSAND SEVENTEEN 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

A. 3762                            13

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. 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 8. Subdivision 1 of section 21 of the executive law, as  amended  by
chapter 176 of the laws of 2013, 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,  economic  development,  agriculture  and  markets,
housing  and  community  renewal, general services, labor, environmental
conservation, mental health, parks, recreation  and  historic  preserva-
tion,   corrections  and  community  supervision,  children  and  family
services, homeland security and  emergency  services,  and  people  with
developmental  disabilities,  the president of the New York state energy
research and development authority, the superintendents of state  police
and  financial services, the secretary of state, the state fire adminis-
trator, the chair of the public service commission, the adjutant  gener-
al,  the  office  of  information technology services, and the office of
victim services, the chairs of the thruway authority, the office for the
aging, 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 executive level  officer
of  that  agency, with responsibility 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 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  9.  Paragraph  (c) of subdivision 1 of section 169 of the executive
law, as amended by section 9 of part A of chapter  60  of  the  laws  of
2012, is amended to read as follows:

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  (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, commissioner of alcoholism and substance abuse services, exec-
utive 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  10.  Paragraph  a  of subdivision 1 of section 374 of the executive
law, as amended by section 96 of subpart B of  part  C  and  as  further
amended  by  section 104 of part A of chapter 62 of the laws of 2011, 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, corrections
and community  supervision,  education,  health[,]  AND  labor,  [mental
health and social services, office] OFFICES of general services, ENERGY,
MENTAL HEALTH AND TEMPORARY AND DISABILITY ASSISTANCE, division of hous-
ing and community renewal, and the superintendent of financial services.
  S  11.  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
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  12.  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

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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 13. 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  14.  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  15.  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

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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 16. Subdivision 2 of section 1852 of the public authorities law,  as
amended  by  chapter  156  of  the  laws  of 2014, 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  president  and chief executive officer 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  appoint-
ment  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 distribution of gas; and one of whom
shall be an officer of an electric utility. [The governor  shall  desig-
nate  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  17.  Subdivisions 10, 11, 12, 13, 14, 15, 16 and 17 of section 1854
of the public authorities law are REPEALED.
  S 18. 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 19. 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 20. Completion of unfinished business. Any business or other  matter
undertaken or commenced by the New York state energy research and devel-

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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  21.  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 22. 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  23.  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 24. 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.
  S 25. 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 26. 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 27. 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.