S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8143
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 16, 2021
                                ___________
 
 Introduced  by  M. of A. FAHY, CUSICK -- (at request of the Governor) --
   read once and referred to the Committee on Energy
 
 AN ACT to amend the energy law, the executive law and the state  finance
   law,  in relation to establishing the "advanced building codes, appli-
   ance and equipment efficiency standards act of 2021"

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "advanced
 building codes, appliance and  equipment  efficiency  standards  act  of
 2021".
   §  2.  Subdivision 2 of section 3-101 of the energy law, as amended by
 chapter 253 of the laws of 2013, is amended to read as follows:
   2. to encourage conservation of energy AND TO PROMOTE THE CLEAN ENERGY
 AND  CLIMATE  AGENDA,  INCLUDING  BUT  NOT  LIMITED  TO  GREENHOUSE  GAS
 REDUCTION,  SET  FORTH WITHIN CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO
 THOUSAND NINETEEN, ALSO KNOWN AS THE NEW YORK STATE  CLIMATE  LEADERSHIP
 AND  COMMUNITY  PROTECTION ACT, in the construction and operation of new
 commercial, industrial, agricultural and residential buildings,  and  in
 the  rehabilitation  of  existing  structures, through heating, cooling,
 ventilation, lighting, insulation and design techniques and the  use  of
 energy audits and life-cycle costing analysis;
   §  3.  Subdivisions  3  and  9 of section 11-102 of the energy law, as
 added by chapter 560 of the laws of 2010, are amended, subdivisions  11,
 12, 13, 14, and 15 are renumbered to be subdivisions 12, 13, 14, 15, and
 16, and a new subdivision 11 is added to read as follows:
   3.    ["ASHRAE    90.1-2007."    ANSI/ASHRAE/IESNA]   "ASHRAE   90.1."
 ANSI/ASHRAE/IES Standard [90.1-2007] 90.1, entitled "Energy  [Standards]
 STANDARD for Buildings Except Low-Rise Residential Buildings," published
 by American Society of Heating, Refrigerating and Air-Conditioning Engi-
 neers, Inc.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12007-04-1
              

 A. 8143                             2
 
   9.  "Historic building." Any building OR STRUCTURE that is ONE OR MORE
 OF THE FOLLOWING: (a) listed, OR CERTIFIED AS ELIGIBLE FOR  LISTING,  on
 the  national  register  of  historic places or on the state register of
 historic places, (b) [determined by the commissioner  of  parks,  recre-
 ation  and historic preservation to be eligible for listing on the state
 register of historic places] DESIGNATED AS HISTORIC UNDER AN  APPLICABLE
 STATE  OR  LOCAL  LAW,  OR (c) [determined by the commissioner of parks,
 recreation and historic preservation to be a contributing building to an
 historic district that is listed or eligible for listing on the state or
 national registers of historic places, or (d) otherwise  defined  as  an
 historic  building  in  regulations adopted by the state fire prevention
 and building code council] CERTIFIED AS A CONTRIBUTING RESOURCE WITHIN A
 NATIONAL REGISTER-LISTED, STATE REGISTER-LISTED, OR  LOCALLY  DESIGNATED
 AN HISTORIC DISTRICT.
   11.  "LIFE-CYCLE  COST." AN ESTIMATE OF THE TOTAL COST OF ACQUISITION,
 OPERATION, MAINTENANCE, AND CONSTRUCTION OF ANY ENERGY SYSTEM WITHIN  OR
 RELATED  TO A STRUCTURE OVER THE DESIGN LIFE OF THE STRUCTURE. "LIFE-CY-
 CLE COST" INCLUDES, BUT IS NOT LIMITED TO, THE COST OF FUEL,  MATERIALS,
 MACHINERY, ANCILLARY DEVICES, LABOR, SERVICE, REPLACEMENT, AND REPAIRS.
   §  4.  Paragraph  (b)  of  subdivision  1  and subdivisions 2 and 3 of
 section 11-103 of the energy law, paragraph  (b)  of  subdivision  1  as
 added  and  subdivision  2 as amended by chapter 560 of the laws of 2010
 and subdivision 3 as amended by chapter 292 of the  laws  of  1998,  are
 amended to read as follows:
   (b)  The code shall apply to the construction of any new building. The
 code shall also apply to an addition to, and alteration of, any existing
 building or building system; provided, however, that the code shall  not
 be interpreted to require any unaltered portion of the existing building
 or building system to comply with the code. The code shall [not apply to
 the  following  provided  that  the  energy  use  of the building is not
 increased:
   (1) storm windows installed over existing fenestration;
   (2) glass only replacements in an existing sash and frame;
   (3)  existing  ceiling,  wall  or  floor   cavities   exposed   during
 construction provided that these cavities are filled with insulation;
   (4)  construction where the existing roof, wall or floor cavity is not
 exposed;
   (5) reroofing for roofs where neither the sheathing nor the insulation
 is exposed; roofs without insulation in the cavity and where the sheath-
 ing or insulation is exposed during reroofing shall be insulated  either
 above or below the sheathing;
   (6) replacement of existing doors that separate conditioned space from
 the  exterior  shall  not  require  the  installation  of a vestibule or
 revolving door, provided, however, that an existing vestibule that sepa-
 rates such conditioned space from the exterior shall not be removed;
   (7) alterations that replace less than fifty percent of the luminaires
 in a space, provided that such alterations do not increase the installed
 interior lighting power;
   (8) alterations that replace only the  bulb  and  ballast  within  the
 existing  luminaires  in  a  space provided that the alteration does not
 increase the installed interior lighting power; and
   (9) any other exception] BE SUBJECT TO SUCH OTHER EXCEPTIONS AS MAY BE
 adopted by the state fire prevention and building code council  provided
 that  such  [exception will] EXCEPTIONS SHALL not prevent the attainment
 of the compliance goals set forth in section 410(2)(c) of  the  American
 Recovery and Reinvestment Act of 2009.

 A. 8143                             3
 
   2.  (A) The state fire prevention and building code council is author-
 ized, from time to time as it deems appropriate and consistent with  the
 purposes  of  this article, to review and amend the code, or adopt a new
 code, through rules and regulations provided that the code remains  cost
 effective  with respect to building construction in the state. In deter-
 mining whether the code remains cost effective, the code  council  shall
 consider  [whether  the cost of materials and their installation to meet
 its standards would be equal to or less than the present value of energy
 savings that could be expected over a ten year period in the building in
 which such materials are installed] (I) WHETHER THE LIFE-CYCLE COSTS FOR
 A BUILDING OR STRUCTURE WILL BE  RECOVERED  THROUGH  SAVINGS  IN  ENERGY
 COSTS OVER THE DESIGN LIFE OF THE BUILDING OR STRUCTURE UNDER A LIFE-CY-
 CLE  COST ANALYSIS PERFORMED UNDER METHODOLOGY AS ESTABLISHED BY THE NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY FROM TIME TO  TIME,
 AND (II) SECONDARY OR SOCIETAL EFFECTS, SUCH AS REDUCTIONS IN GREENHOUSE
 GAS EMISSIONS.  For residential buildings, the code shall meet or exceed
 the then most recently published International Energy Conservation Code,
 or  achieve  equivalent  or  greater  energy savings; and for commercial
 buildings, the  code  shall  meet  or  exceed  THE  THEN  MOST  RECENTLY
 PUBLISHED  ASHRAE  [90.1-2007]  90.1,  or  achieve equivalent or greater
 energy savings.
   (B) WHEN ADOPTING THE FIRST AMENDED VERSION OF THE CODE NEXT FOLLOWING
 THE EFFECTIVE DATE OF THE CHAPTER OF THE LAWS OF TWO THOUSAND TWENTY-ONE
 THAT ADDED THIS PARAGRAPH, THE STATE FIRE PREVENTION AND  BUILDING  CODE
 COUNCIL  SHALL  USE ITS BEST EFFORTS TO ADOPT PROVISIONS FOR RESIDENTIAL
 BUILDINGS THAT  ACHIEVE  ENERGY  SAVINGS  GREATER  THAN  ENERGY  SAVINGS
 ACHIEVED  BY  THE  THEN  MOST  RECENTLY  PUBLISHED  INTERNATIONAL ENERGY
 CONSERVATION CODE AND TO ADOPT PROVISIONS FOR COMMERCIAL BUILDINGS  THAT
 ACHIEVE  ENERGY SAVINGS GREATER THAN ENERGY SAVINGS ACHIEVED BY THE THEN
 MOST RECENTLY PUBLISHED ASHRAE 90.1, BOTH AT LEVELS RECOMMENDED  BY  THE
 NEW  YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, PROVIDED THAT
 THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL DETERMINES THAT SUCH
 ADVANCED ENERGY SAVINGS CAN BE ACHIEVED WHILE  STILL  MEETING  THE  COST
 EFFECTIVENESS CONSIDERATIONS CONTEMPLATED BY THIS SUBDIVISION.
   3.  Notwithstanding  any  other  provision  of  law,  the  state  fire
 prevention and building code council  in  accordance  with  the  mandate
 under  this  article shall have exclusive authority among state agencies
 to promulgate a  construction  code  incorporating  energy  conservation
 features  AND CLEAN ENERGY FEATURES, INCLUDING BUT NOT LIMITED TO GREEN-
 HOUSE GAS REDUCTION.   Any other code,  rule  or  regulation  heretofore
 promulgated or enacted by any other state agency, incorporating specific
 energy  conservation  AND  CLEAN  ENERGY  requirements applicable to the
 construction of any building, shall be superseded by the code promulgat-
 ed pursuant to this section.
   § 5. Subdivision 5 of section 11-104 of the energy law, as amended  by
 chapter  560  of the laws of 2010, is amended and a new subdivision 6 is
 added to read as follows:
   5. The [code shall exempt from such uniform standards and requirements
 any historic building as defined in  section  11-102  of  this  article]
 STATE FIRE PREVENTION AND BUILDING CODE COUNCIL IS AUTHORIZED TO PROVIDE
 EXEMPTIONS  TO  SUCH  UNIFORM  STANDARDS  AND  REQUIREMENTS FOR HISTORIC
 BUILDINGS AS DEFINED IN SECTION 11-102 OF THIS ARTICLE,  TO  THE  EXTENT
 THAT  THE UNIFORM STANDARDS AND REQUIREMENTS WOULD THREATEN, DEGRADE, OR
 DESTROY THE HISTORIC FORM, FABRIC, OR FUNCTION OF SUCH  HISTORIC  BUILD-
 INGS.

 A. 8143                             4
 
   6.  TO THE FULLEST EXTENT FEASIBLE, THE CODE SHALL BE DESIGNED TO HELP
 ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING  BUT  NOT
 LIMITED  TO  GREENHOUSE  GAS  REDUCTION,  SET  FORTH  WITHIN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS THE  NEW
 YORK  STATE  CLIMATE  LEADERSHIP  AND  COMMUNITY  PROTECTION ACT, AND AS
 FURTHER IDENTIFIED BY THE NEW YORK STATE CLIMATE ACTION  COUNCIL  ESTAB-
 LISHED  PURSUANT  TO  SECTION  75-0103 OF THE ENVIRONMENTAL CONSERVATION
 LAW.
   § 6. The article heading of article 16 of the energy law, as added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
           APPLIANCE AND EQUIPMENT [ENERGY] EFFICIENCY STANDARDS
   §  7. Subdivision 4-a of section 16-102 of the energy law, as added by
 chapter 222 of the laws of 2010, is amended to read as follows:
   4-a. ["Bottle-type water dispenser" means a water dispenser that  uses
 a  bottle  or  reservoir  as the source of potable water.] THE FOLLOWING
 DEFINITIONS REFER TO WATER COOLERS:
   (A) "BOTTLE-TYPE" MEANS A WATER DISPENSER THAT USES A BOTTLE OR RESER-
 VOIR AS THE SOURCE OF POTABLE WATER.
   (B) "WATER COOLER" MEANS A FREESTANDING DEVICE THAT CONSUMES ENERGY TO
 COOL AND/OR HEAT POTABLE WATER.
   (C) "COLD ONLY UNITS" MEANS UNITS THAT DISPENSE COLD WATER ONLY.
   (D) "HOT AND COLD UNITS" MEANS UNITS THAT DISPENSE BOTH HOT  AND  COLD
 WATER. SOME UNITS MAY ALSO OFFER ROOM-TEMPERATURE WATER.
   (E)  "COOK  AND  COLD  UNITS"  MEANS UNITS THAT DISPENSE BOTH COLD AND
 ROOM-TEMPERATURE WATER.
   (F) "POINT OF USE (POU)" MEANS THE WATER  COOLER  IS  CONNECTED  TO  A
 PRESSURIZED WATER SOURCE.
   (G) "CONVERSION-TYPE" MEANS A UNIT THAT SHIPS AS EITHER BOTTLE-TYPE OR
 POU  AND  INCLUDES A CONVERSION KIT INTENDED TO CONVERT THE WATER COOLER
 FROM A BOTTLE-TYPE UNIT TO A POU UNIT OR TO CONVERT  A  POU  UNIT  TO  A
 BOTTLE-TYPE UNIT.
   (H)  "STORAGE-TYPE"  MEANS  THERMALLY CONDITIONED WATER IS STORED IN A
 TANK IN THE WATER COOLER AND IS AVAILABLE INSTANTANEOUSLY.
   (I) "ON DEMAND" MEANS THE WATER COOLER HEATS WATER AS IT IS REQUESTED,
 WHICH TYPICALLY TAKES A FEW MINUTES TO DELIVER.
   § 8. Subdivision 11 of section 16-102 of the energy law, as  added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
   11. "Consumer audio and video product" means A MAINS-CONNECTED PRODUCT
 THAT  AMPLIFIES AUDIO, OFFERS OPTICAL, OFFERS DISC PLAYER FUNCTIONALITY,
 AND/OR RECEIVES AND  PLAYS  AUDIO  AND/OR  VIDEO  CONTENT.  EXAMPLES  OF
 CONSUMER  AUDIO  AND  VIDEO  PRODUCTS INCLUDE televisions, compact audio
 products, digital versatile disc players, digital versatile disc record-
 ers, [and] digital television adapters AND STREAMING MEDIA PLAYERS.
   § 9. Subdivision 18 of section 16-102 of the energy law, as  added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
   18.  ["Energy efficiency performance standards"] "EFFICIENCY STANDARD"
 means [performance standards which prescribe a minimum level  of  energy
 efficiency  determined  in accordance with test procedures prescribed by
 the secretary in  consultation  with  the  president]  A  STANDARD  THAT
 DEFINES  PERFORMANCE METRICS AND/OR DEFINES PRESCRIPTIVE DESIGN REQUIRE-
 MENTS IN ORDER TO REDUCE ENERGY CONSUMPTION, REDUCE  WATER  CONSUMPTION,
 REDUCE  GREENHOUSE  GAS  EMISSIONS,  AND/OR  INCREASE DEMAND FLEXIBILITY
 ASSOCIATED WITH THE REGULATED PRODUCT CATEGORY.
   § 10.  Subdivisions 27-a and 27-b of section 16-102 of the energy law,
 as added by chapter 222 of the laws of 2010,  are  amended  to  read  as
 follows:

 A. 8143                             5
 
   27-a.  "Portable  electric  spa" means a factory-built electric spa or
 hot tub, [supplied with equipment for  heating  and  circulating  water]
 WHICH MAY OR MAY NOT INCLUDE ANY COMBINATION OF INTEGRAL CONTROLS, WATER
 HEATING OR WATER CIRCULATING EQUIPMENT.
   27-b. "Portable light fixture" means a light fixture which has a flex-
 ible cord and an attachment plug for connection to a nominal one hundred
 twenty-volt,  fifteen-  or  twenty-ampere  branch  circuit; which can be
 relocated by the user without any rewiring;  [and]  which  is  typically
 controlled  with  a switch located on the light fixture itself or on the
 power cord; AND WHICH ARE  INTENDED  FOR  USE  IN  ACCORDANCE  WITH  THE
 NATIONAL  ELECTRICAL  CODE, ANSI/NFPA 70-2002.  "Portable light fixture"
 does not include direct plug-in nightlights; sun and heat lamps; aquari-
 um lamps; medical and dental lights; portable electric hand lamps; signs
 and commercial  advertising  displays;  photographic  lamps;  germicidal
 lamps; [metal halide lamp fixtures; torchiere lighting fixtures] ILLUMI-
 NATED  VANITY  MIRRORS; LAVA LAMPS NOT PROVIDING GENERAL OR TASK ILLUMI-
 NATION; INDUSTRIAL WORK LIGHTS RATED  FOR  USE  WITH  A  LAMP  PROVIDING
 GREATER  THAN  SEVEN  THOUSAND LUMENS; portable lamp fixtures for marine
 use or for use in hazardous locations as defined in the  national  elec-
 trical  code,  ANSI/NFPA  70; or decorative lighting outfits or electric
 candles and candelabras without lampshades that are covered by the stan-
 dard for safety of seasonal and holiday decorative products, UL 588.
   § 11. Subdivision 29-a of section 16-102 of the energy law,  as  added
 by chapter 222 of the laws of 2010, is amended to read as follows:
   29-a.  "[Residential]  REPLACEMENT  DEDICATED-PURPOSE pool pump MOTOR"
 means [a product which is designed or used to circulate and filter resi-
 dential swimming pool water in order to maintain clarity and  sanitation
 and which consists in part of a motor and an impeller] AN ELECTRIC MOTOR
 THAT:
   (A) IS SINGLE-PHASE OR POLYPHASE;
   (B)  HAS  A DEDICATED PURPOSE POOL PUMP MOTOR TOTAL HORSEPOWER OF LESS
 THAN OR EQUAL TO FIVE HORSEPOWER;
   (C) IS MARKETED FOR USE AS A REPLACEMENT MOTOR  IN  SELF-PRIMING  POOL
 FILTER  PUMP,  NON-SELF-PRIMING  POOL  FILTER  PUMP  OR PRESSURE CLEANER
 BOOSTER PUMP APPLICATIONS; AND
   (D) EXCLUDES POLYPHASE REPLACEMENT DEDICATED-PURPOSE POOL PUMP  MOTORS
 CAPABLE  OF  OPERATING  WITHOUT A DRIVE, AND IS SOLD OR OFFERED FOR SALE
 WITHOUT A DRIVE THAT CONVERTS SINGLE-PHASE POWER TO POLYPHASE POWER.
   § 12. Subdivision 33 of section 16-102 of the energy law, as added  by
 chapter 431 of the laws of 2005, is amended to read as follows:
   33. "Television (TV)" means [a commercially available electronic prod-
 uct  consisting  of  a  tuner/receiver and a monitor encased in a single
 housing, which is] AN ANALOG OR DIGITAL  DEVICE  PRIMARILY  designed  to
 receive and display [an analog or digital video television signal broad-
 cast  by an antenna, satellite, cable, or broadband source] TERRESTRIAL,
 SATELLITE, CABLE, INTERNET PROTOCOL TV (IPTV),  OR  OTHER  BROADCAST  OR
 RECORDED TRANSMISSIONS OF ANALOG OR DIGITAL VIDEO AND AUDIO SIGNALS. TVS
 INCLUDE  COMBINATION  TVS,  TELEVISION  MONITORS, COMPONENT TVS, AND ANY
 UNIT THAT IS MARKETED TO THE CONSUMER AS A TV.   "Television"  does  not
 include  [multifunction  TVs which have VCR, DVD, DVR, or EPG functions]
 COMPUTER MONITORS.
   § 13. Section 16-102 of the energy law is amended  by  adding  thirty-
 seven new subdivisions 18-a, 18-b, 21-c, 21-d, 38, 39, 40, 41, 41-a, 42,
 43,  43-a, 44, 45, 46, 46-a, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57,
 58, 59, 60, 61, 62, 63, 64, 65, 66 and 67 to read as follows:

 A. 8143                             6
 
   18-A. "GREENHOUSE GAS" MEANS CARBON DIOXIDE, METHANE,  NITROUS  OXIDE,
 HYDROFLUOROCARBONS, PERFLUOROCARBONS, SULFUR HEXAFLUORIDE, AND ANY OTHER
 SUBSTANCE  EMITTED  INTO  THE  AIR THAT MAY BE REASONABLY ANTICIPATED TO
 CAUSE OR CONTRIBUTE TO ANTHROPOGENIC CLIMATE CHANGE.
   18-B. "DEMAND FLEXIBILITY" MEANS THE CAPABILITY TO SCHEDULE, SHIFT, OR
 CURTAIL  THE  ELECTRICAL  DEMAND  OF  A  LOAD-SERVING  ENTITY'S CUSTOMER
 THROUGH DIRECT ACTION BY THE CUSTOMER  OR  THROUGH  ACTION  BY  A  THIRD
 PARTY,  THE LOAD-SERVING ENTITY, OR A GRID BALANCING AUTHORITY, WITH THE
 CUSTOMER'S CONSENT.
   21-C. "DUV" MEANS A METRIC THAT QUANTIFIES THE  DISTANCE  BETWEEN  THE
 CHROMATICITY  OF  A GIVEN LIGHT SOURCE AND A BLACKBODY RADIATOR OF EQUAL
 CORRELATED COLOR TEMPERATURE (CCT)  ON  A  CIE  1976  (U,  V)  CHROMATIC
 DIAGRAM  DEMONSTRATING HOW DIFFERENT TWO LIGHT SOURCES OF THE SAME COLOR
 TEMPERATURE  APPEAR.
   21-D. "LIGHT EMITTING DIODE  (LED)  LAMP"  MEANS  A  LAMP  CAPABLE  OF
 PRODUCING  LIGHT WITH DUV BETWEEN -0.012 AND 0.012, AND THAT HAS AN E12,
 E17,  E26, OR GU-24 BASE, INCLUDING LED  LAMPS  THAT  ARE  DESIGNED  FOR
 RETROFIT  WITHIN  EXISTING RECESSED CAN HOUSINGS THAT CONTAIN ONE OF THE
 PRECEDING BASES. LED LAMP DOES NOT INCLUDE A LAMP WITH A  BRIGHTNESS  OF
 MORE  THAN TWO THOUSAND SIX HUNDRED LUMENS OR A LAMP THAT CANNOT PRODUCE
 LIGHT WITH A CORRELATED  COLOR  TEMPERATURE  BETWEEN  TWO  THOUSAND  TWO
 HUNDRED KELVIN AND SEVEN THOUSAND KELVIN.
   38. THE FOLLOWING DEFINITIONS REFER TO AIR COMPRESSORS:
   (A)  "AIR COMPRESSOR" MEANS A COMPRESSOR DESIGNED TO COMPRESS AIR THAT
 HAS AN INLET OPEN TO THE ATMOSPHERE OR OTHER SOURCE OF AIR, AND IS  MADE
 UP OF A COMPRESSION ELEMENT (BARE COMPRESSOR), DRIVER OR DRIVERS MECHAN-
 ICAL EQUIPMENT TO DRIVE THE COMPRESSOR ELEMENT, AND ANY ANCILLARY EQUIP-
 MENT.
   (B)  "COMPRESSOR" MEANS A MACHINE OR APPARATUS THAT CONVERTS DIFFERENT
 TYPES OF ENERGY INTO THE POTENTIAL ENERGY OF GAS PRESSURE FOR  DISPLACE-
 MENT  AND  COMPRESSION  OF  GASEOUS  MEDIA TO ANY HIGHER-PRESSURE VALUES
 ABOVE ATMOSPHERIC PRESSURE AND HAS A PRESSURE RATIO AT FULL-LOAD OPERAT-
 ING PRESSURE GREATER THAN 1.3.
   39. THE FOLLOWING DEFINITIONS REFER TO AIR PURIFIERS:
   (A) "AIR PURIFIER", ALSO KNOWN AS "ROOM AIR CLEANER", MEANS  AN  ELEC-
 TRIC,  CORD-CONNECTED,  PORTABLE  APPLIANCE WITH THE PRIMARY FUNCTION OF
 REMOVING PARTICULATE MATTER FROM THE AIR AND WHICH  CAN  BE  MOVED  FROM
 ROOM TO ROOM.
   (B)  "INDUSTRIAL  AIR  PURIFIER"  MEANS  AN INDOOR AIR CLEANING DEVICE
 MANUFACTURED, ADVERTISED, MARKETED, LABELED, AND USED SOLELY FOR  INDUS-
 TRIAL  USE THAT ARE MARKETED SOLELY THROUGH INDUSTRIAL SUPPLY OUTLETS OR
 BUSINESSES AND PROMINENTLY LABELED AS "SOLELY FOR INDUSTRIAL USE. POTEN-
 TIAL HEALTH HAZARD: EMITS OZONE."
   40. "COMMERCIAL DISHWASHER" MEANS A  MACHINE  DESIGNED  TO  CLEAN  AND
 SANITIZE  PLATES,  POTS, PANS, GLASSES, CUPS, BOWLS, UTENSILS, AND TRAYS
 BY APPLYING SPRAYS OF DETERGENT SOLUTION (WITH OR WITHOUT BLASTING MEDIA
 GRANULES) AND A SANITIZING RINSE AND IS NOT A  "COMPACT  DISHWASHER"  OR
 "STANDARD  DISHWASHER" (CAPACITY LESS THAN EIGHT PLACE SETTINGS PLUS SIX
 SERVING PIECES AS SPECIFIED IN ANSI/AHAM DW-1 USING THE TEST LOAD SPECI-
 FIED IN SECTION 2.7 OF APPENDIX C IN SUBPART B OF 10 CFR 430.2).
   41. "COMMERCIAL FRYER" MEANS AN  APPLIANCE  FOR  NON-RESIDENTIAL  USE,
 INCLUDING  A COOKING VESSEL, IN WHICH OIL IS PLACED TO SUCH A DEPTH THAT
 THE COOKING FOOD IS ESSENTIALLY SUPPORTED BY DISPLACEMENT OF THE COOKING
 FLUID RATHER THAN BY THE BOTTOM OF THE VESSEL. HEAT IS DELIVERED TO  THE
 COOKING  FLUID  BY MEANS OF AN IMMERSED ELECTRIC ELEMENT OF BAND-WRAPPED
 VESSEL (ELECTRIC FRYERS) OR BY HEAT TRANSFER FROM  GAS  BURNERS  THROUGH

 A. 8143                             7
 
 EITHER THE WALLS OF THE FRYER OR THROUGH TUBES PASSING THROUGH THE COOK-
 ING FLUID (GAS FRYERS).
   41-A.  "COMMERCIAL  OVEN" MEANS A CHAMBER DESIGNED FOR HEATING, ROAST-
 ING, OR BAKING FOOD BY CONDUCTION, CONVECTION, RADIATION,  AND/OR  ELEC-
 TROMAGNETIC ENERGY.
   42.  "COMMERCIAL  STEAM  COOKER"  ALSO KNOWN AS "COMPARTMENT STEAMER",
 MEANS A DEVICE FOR NON-RESIDENTIAL USE WITH ONE  OR  MORE  FOOD-STEAMING
 COMPARTMENTS IN WHICH THE ENERGY IN THE STEAM IS TRANSFERRED TO THE FOOD
 BY  DIRECT  CONTACT.  MODELS MAY INCLUDE COUNTERTOP MODELS, WALL-MOUNTED
 MODELS, AND FLOOR MODELS MOUNTED ON A STAND, PEDESTAL, OR  CABINET-STYLE
 BASE.
   43.  "COMPUTER"  MEANS  A  DEVICE THAT PERFORMS LOGICAL OPERATIONS AND
 PROCESSES DATA. A COMPUTER INCLUDES BOTH STATIONARY AND  PORTABLE  UNITS
 AND  INCLUDES  A  DESKTOP  COMPUTER,  A  PORTABLE ALL-IN-ONE, A NOTEBOOK
 COMPUTER, A MOBILE  GAMING  SYSTEM,  A  HIGH-EXPANDABILITY  COMPUTER,  A
 SMALL-SCALE SERVER, A THIN CLIENT, AND A WORKSTATION. ALTHOUGH A COMPUT-
 ER  IS CAPABLE OF USING INPUT DEVICES AND DISPLAYS, SUCH DEVICES ARE NOT
 REQUIRED TO BE INCLUDED WITH THE COMPUTER WHEN THE COMPUTER IS  SHIPPED.
 A  COMPUTER  IS COMPOSED OF, AT A MINIMUM, (A) A CENTRAL PROCESSING UNIT
 (CPU) TO PERFORM OPERATIONS OR, IF NO CPU IS PRESENT,  THEN  THE  DEVICE
 MUST  FUNCTION AS A CLIENT GATEWAY TO A SERVER, AND THE SERVER ACTS AS A
 COMPUTATIONAL CPU; (B) THE ABILITY TO SUPPORT USER INPUT DEVICES SUCH AS
 A KEYBOARD, MOUSE, OR TOUCH PAD; AND (C) AN INTEGRATED DISPLAY SCREEN OR
 THE ABILITY TO SUPPORT AN EXTERNAL DISPLAY SCREEN TO OUTPUT INFORMATION.
 THE TERM "COMPUTER" DOES NOT INCLUDE A TABLET, A GAME CONSOLE,  A  TELE-
 VISION,  A  DEVICE  WITH  AN  INTEGRATED  AND PRIMARY DISPLAY THAT HAS A
 SCREEN SIZE OF TWENTY SQUARE INCHES OR  LESS,  A  SERVER  OTHER  THAN  A
 SMALL-SCALE SERVER, OR AN INDUSTRIAL COMPUTER.
   43-A.  "COMPUTER  MONITOR"  MEANS  AN ANALOG OR DIGITAL DEVICE OF SIZE
 GREATER THAN OR EQUAL TO SEVENTEEN INCHES AND  LESS  THAN  OR  EQUAL  TO
 SIXTY-ONE INCHES, THAT HAS A PIXEL DENSITY OF GREATER THAN FIVE THOUSAND
 PIXELS  PER  SQUARE INCH, AND THAT IS DESIGNED PRIMARILY FOR THE DISPLAY
 OF COMPUTER-GENERATED SIGNALS FOR VIEWING BY ONE PERSON IN A  DESK-BASED
 ENVIRONMENT.  A  COMPUTER  MONITOR  IS  COMPOSED OF A DISPLAY SCREEN AND
 ASSOCIATED  ELECTRONICS.  A  COMPUTER  MONITOR  DOES  NOT  INCLUDE,  (A)
 DISPLAYS  WITH  INTEGRATED  OR REPLACEABLE BATTERIES DESIGNED TO SUPPORT
 PRIMARY OPERATION WITHOUT AC MAINS OR EXTERNAL DC POWER (E.G. ELECTRONIC
 READERS,  MOBILE  PHONES,  PORTABLE  TABLETS,  BATTERY-POWERED   DIGITAL
 PICTURE FRAMES); OR (B) A TELEVISION OR SIGNAGE DISPLAY.
   44. "GENERAL SERVICE LAMP" SHALL INCLUDE THE FOLLOWING DEFINITIONS:
   (A)  "COMPACT FLUORESCENT LAMP (CFL)" MEANS AN INTEGRATED OR NON-INTE-
 GRATED SINGLE-BASE, LOW-PRESSURE MERCURY, ELECTRIC-DISCHARGE  SOURCE  IN
 WHICH  A  FLUORESCING  COATING TRANSFORMS SOME OF THE ULTRAVIOLET ENERGY
 GENERATED BY THE MERCURY DISCHARGE  INTO  LIGHT;  THIS  TERM  SHALL  NOT
 INCLUDE CIRCLINE OR U-SHAPED LAMPS.
   (B)  "GENERAL SERVICE INCANDESCENT LAMP" MEANS A STANDARD INCANDESCENT
 OR HALOGEN TYPE LAMP THAT IS INTENDED FOR GENERAL SERVICE  APPLICATIONS,
 HAS  A  MEDIUM  SCREW  BASE,  HAS  A  LUMEN RANGE OF NOT LESS THAN THREE
 HUNDRED TEN LUMENS AND NOT MORE THAN TWO THOUSAND SIX HUNDRED LUMENS, OR
 IN THE CASE OF A MODIFIED SPECTRUM LAMP, NOT LESS THAN TWO HUNDRED THIR-
 TY-TWO LUMENS AND NOT MORE THAN ONE THOUSAND NINE HUNDRED FIFTY  LUMENS,
 AND  IS  CAPABLE OF BEING OPERATED AT A VOLTAGE RANGE AT LEAST PARTIALLY
 WITHIN ONE HUNDRED TEN AND ONE HUNDRED THIRTY VOLTS; PROVIDED,  HOWEVER,
 THAT  THIS  DEFINITION  SHALL  NOT  APPLY  TO THE FOLLOWING INCANDESCENT
 LAMPS:
   (I) APPLIANCE LAMPS;

 A. 8143                             8
 
   (II) BLACK LIGHT LAMPS;
   (III) BUG LAMPS;
   (IV) COLORED LAMPS;
   (V)  G  SHAPE  LAMPS (AS DEFINED IN ANSI C78.20 AND C79.1-2002) WITH A
 DIAMETER OF FIVE INCHES OR MORE;
   (VI) INFRARED LAMPS;
   (VII) LEFT-HAND THREAD LAMPS;
   (VIII) MARINE LAMPS;
   (IX) MARINE SIGNAL SERVICE LAMPS;
   (X) MINE SERVICE LAMPS;
   (XI) PLANT LIGHT LAMPS;
   (XII) REFLECTOR LAMPS;
   (XIII) SIGN SERVICE LAMPS;
   (XIV) SILVER BOWL LAMPS;
   (XV) SHOWCASE LAMPS;
   (XVI) ROUGH SERVICE LAMPS;
   (XVII) SHATTER-RESISTANT  LAMPS  (INCLUDING  SHATTER-PROOF  LAMPS  AND
 SHATTER-PROTECTED LAMPS);
   (XVIII) 3-WAY INCANDESCENT LAMPS;
   (XIX) VIBRATION SERVICE LAMPS;
   (XX)  AB,  BA, CA, F, G16-1/2, G-25, G30, S, OR M-14 LAMPS (AS DEFINED
 IN ANSI C79.1-2002 AND ANSI C78.20) OF FORTY WATTS OR LESS;
   (XXI) T SHAPE LAMPS (AS DEFINED IN ANSI C78.20  AND  ANSI  C79.1-2002)
 AND THAT USES NOT MORE THAN FORTY WATTS OR HAS A LENGTH OF MORE THAN TEN
 INCHES; AND
   (XXII) TRAFFIC SIGNAL LAMPS.
   (C) "GENERAL SERVICE LAMP" MEANS A LAMP THAT HAS AN ANSI BASE, IS ABLE
 TO  OPERATE  AT  A  VOLTAGE  OF TWELVE VOLTS OR TWENTY-FOUR VOLTS, AT OR
 BETWEEN ONE HUNDRED TO ONE HUNDRED  THIRTY  VOLTS,  AT  OR  BETWEEN  TWO
 HUNDRED  TWENTY  TO  TWO HUNDRED FORTY VOLTS, OR OF TWO HUNDRED SEVENTY-
 SEVEN VOLTS FOR INTEGRATED LAMPS, OR IS ABLE TO OPERATE AT  ANY  VOLTAGE
 FOR NON-INTEGRATED LAMPS, HAS AN INITIAL LUMEN OUTPUT OF GREATER THAN OR
 EQUAL  TO THREE HUNDRED TEN LUMENS (OR TWO HUNDRED THIRTY-TWO LUMENS FOR
 MODIFIED SPECTRUM GENERAL SERVICE INCANDESCENT LAMPS) AND LESS  THAN  OR
 EQUAL TO THREE THOUSAND THREE HUNDRED LUMENS, IS NOT A LIGHT FIXTURE, IS
 NOT  AN  LED  DOWNLIGHT  RETROFIT  KIT,  AND IS USED IN GENERAL LIGHTING
 APPLICATIONS.  GENERAL SERVICE LAMPS SHALL INCLUDE, BUT NOT  BE  LIMITED
 TO,  GENERAL  SERVICE  INCANDESCENT LAMPS, INCANDESCENT REFLECTOR LAMPS,
 COMPACT FLUORESCENT LAMPS, GENERAL SERVICE LIGHT EMITTING  DIODE  LAMPS,
 AND GENERAL SERVICE ORGANIC LIGHT EMITTING DIODE LAMPS.  GENERAL SERVICE
 LAMPS SHALL NOT INCLUDE:
   (I) APPLIANCE LAMPS;
   (II) BLACK LIGHT LAMPS;
   (III) BUG LAMPS;
   (IV) COLORED LAMPS;
   (V) G SHAPE LAMPS WITH A DIAMETER OF FIVE INCHES OR MORE AS DEFINED IN
 ANSI C79.1-2002;
   (VI) GENERAL SERVICE FLUORESCENT LAMPS;
   (VII) HIGH INTENSITY DISCHARGE LAMPS;
   (VIII) INFRARED LAMPS;
   (IX) J, JC, JCD, JCS, JCV, JCX, JD, JS, AND JT SHAPE LAMPS THAT DO NOT
 HAVE EDISON SCREW BASES;
   (X) LAMPS THAT HAVE A WEDGE BASE OR PREFOCUS BASE;
   (XI) LEFT-HAND THREAD LAMPS;
   (XII) MARINE LAMPS;
   (XIII) MARINE SIGNAL SERVICE LAMPS;

 A. 8143                             9
 
   (XIV) MINE SERVICE LAMPS;
   (XV)  MR  SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL EQUAL TO SIXTEEN
 (DIAMETER EQUAL TO TWO INCHES) AS DEFINED IN ANSI C79.1-2002, OPERATE AT
 TWELVE VOLTS AND HAVE A LUMEN OUTPUT GREATER THAN OR EQUAL TO 800;
   (XVI) OTHER FLUORESCENT LAMPS;
   (XVII) PLANT LIGHT LAMPS;
   (XVIII) R20 SHORT LAMPS;
   (XIX) REFLECTOR LAMPS THAT  HAVE  A  FIRST  NUMBER  SYMBOL  LESS  THAN
 SIXTEEN  (DIAMETER  LESS  THAN TWO INCHES) AS DEFINED IN ANSI C79.1-2002
 AND THAT DO  NOT  HAVE  E26/E24,  E26D,  E26/50X39,  E26/53X39,  E29/28,
 E29/53X39, E39, E39D, EP39, OR EX39 BASES;
   (XX)  S  SHAPE  OR  G SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS
 THAN OR EQUAL TO 12.5 (DIAMETER LESS THAN OR EQUAL TO 1.5625 INCHES)  AS
 DEFINED IN ANSI C79.1-2002;
   (XXI) SIGN SERVICE LAMPS;
   (XXII) SILVER BOWL LAMPS;
   (XXIII) SHOWCASE LAMPS;
   (XXIV) SPECIALTY MR LAMPS;
   (XXV) T SHAPE LAMPS THAT HAVE A FIRST NUMBER SYMBOL LESS THAN OR EQUAL
 TO  8  (DIAMETER  LESS  THAN  OR  EQUAL  TO ONE INCH) AS DEFINED IN ANSI
 C79.1-2002, NOMINAL OVERALL LENGTH LESS THAN TWELVE INCHES, AND THAT ARE
 NOT COMPACT FLUORESCENT LAMPS; AND
   (XXVI) TRAFFIC SIGNAL LAMPS.
   (D) "GENERAL SERVICE LIGHT-EMITTING DIODE (LED) LAMP" MEANS  AN  INTE-
 GRATED  OR  NON-INTEGRATED LED LAMP DESIGNED FOR USE IN GENERAL LIGHTING
 APPLICATIONS AND THAT USES LIGHT-EMITTING DIODES AS THE  PRIMARY  SOURCE
 OF LIGHT.
   (E) "GENERAL SERVICE ORGANIC LIGHT-EMITTING DIODE (OLED) LAMP" MEANS A
 THIN-FILM  LIGHT-EMITTING  DEVICE THAT TYPICALLY CONSISTS OF A SERIES OF
 ORGANIC LAYERS BETWEEN TWO ELECTRICAL CONTACTS (ELECTRODES).
   (F) "INCANDESCENT REFLECTOR LAMP" OR "REFLECTOR LAMP" MEANS  ANY  LAMP
 IN  WHICH  LIGHT IS PRODUCED BY A FILAMENT HEATED TO INCANDESCENCE BY AN
 ELECTRIC CURRENT, WHICH: CONTAINS AN INNER  REFLECTIVE  COATING  ON  THE
 OUTER  BULB  TO  DIRECT  THE  LIGHT; IS NOT COLORED; IS NOT DESIGNED FOR
 ROUGH OR VIBRATION SERVICE APPLICATIONS; IS NOT AN R20 SHORT  LAMP;  HAS
 AN R, PAR, ER, BR, BPAR, OR SIMILAR BULB SHAPES WITH AN E26 MEDIUM SCREW
 BASE;  HAS A RATED VOLTAGE OR VOLTAGE RANGE THAT LIES AT LEAST PARTIALLY
 IN THE RANGE OF ONE HUNDRED FIFTEEN AND ONE HUNDRED THIRTY VOLTS; HAS  A
 DIAMETER THAT EXCEEDS 2.25 INCHES; AND HAS A RATED WATTAGE THAT IS FORTY
 WATTS OR HIGHER.
   45.  "FEDERALLY  EXEMPT  FLUORESCENT  LAMP"  MEANS  ANY  LINEAR  LAMPS
 EXCLUDED FROM THE DEFINITION OF GENERAL SERVICE FLUORESCENT LAMPS IN  10
 CFR 430.32(N). FEDERALLY EXEMPT FLUORESCENT LAMPS INCLUDE HIGH-CRI LINE-
 AR  FLUORESCENT  LAMPS, IMPACT-RESISTANT LINEAR FLUORESCENT LAMPS, COLD-
 TEMPERATURE LINEAR FLUORESCENT LAMPS, AND  LESS  THAN  FOUR-FOOT  LINEAR
 FLUORESCENT LAMPS.
   46. THE FOLLOWING DEFINITIONS REFER TO PORTABLE AIR CONDITIONERS:
   (A)  "PORTABLE  AIR  CONDITIONER"  MEANS  A PORTABLE ENCASED ASSEMBLY,
 OTHER THAN A PACKAGED TERMINAL AIR CONDITIONER, ROOM AIR CONDITIONER, OR
 DEHUMIDIFIER, THAT DELIVERS  COOLED,  CONDITIONED  AIR  TO  AN  ENCLOSED
 SPACE,  AND  IS  POWERED BY SINGLE-PHASE ELECTRIC CURRENT. SUCH PORTABLE
 AIR CONDITIONER INCLUDES A SOURCE OF REFRIGERATION AND MAY INCLUDE ADDI-
 TIONAL MEANS FOR AIR CIRCULATION AND HEATING AND MAY BE A SINGLE-DUCT OR
 A DUAL-DUCT PORTABLE AIR CONDITIONER.
   (B) "SINGLE-DUCT PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
 TIONER THAT DRAWS ALL OF THE CONDENSER INLET AIR  FROM  THE  CONDITIONED

 A. 8143                            10
 
 SPACE  WITHOUT  THE  MEANS OF A DUCT AND DISCHARGES THE CONDENSER OUTLET
 AIR OUTSIDE THE CONDITIONED SPACE THROUGH A SINGLE-DUCT ATTACHED  TO  AN
 ADJUSTABLE WINDOW BRACKET.
   (C)  "DUAL-DUCT  PORTABLE AIR CONDITIONER" MEANS A PORTABLE AIR CONDI-
 TIONER THAT DRAWS SOME OR ALL OF THE CONDENSER INLET  AIR  FROM  OUTSIDE
 THE  CONDITIONED  SPACE  THROUGH A DUCT ATTACHED TO AN ADJUSTABLE WINDOW
 BRACKET, MAY DRAW ADDITIONAL CONDENSER INLET AIR  FROM  THE  CONDITIONED
 SPACE,  AND  DISCHARGES THE CONDENSER OUTLET AIR OUTSIDE THE CONDITIONED
 SPACE BY MEANS OF A SEPARATE  DUCT  ATTACHED  TO  AN  ADJUSTABLE  WINDOW
 BRACKET.
   46-A.  "RESIDENTIAL  VENTILATING  FAN" MEANS A FAN WITH THE PURPOSE TO
 ACTIVELY SUPPLY AIR TO OR REMOVE AIR FROM THE  INSIDE  OF  A  RESIDENCE.
 THIS  INCLUDES CEILING AND WALL-MOUNTED FANS OR REMOTELY MOUNTED IN-LINE
 FANS DESIGNED TO BE USED IN A BATHROOM  OR  UTILITY  ROOM,  SUPPLY  FANS
 DESIGNED  TO PROVIDE AIR TO INDOOR SPACE AND KITCHEN RANGE HOODS. SUPPLY
 FANS MAY ALSO BE DESIGNED TO FILTER INCOMING AIR.
   47. "TELEPHONE" MEANS AN ELECTRONIC PRODUCT WHOSE PRIMARY  PURPOSE  IS
 TO  TRANSMIT  AND  RECEIVE  SOUND  OVER A DISTANCE USING A VOICE OR DATA
 NETWORK.
   48. THE FOLLOWING DEFINITIONS REFER TO FAUCETS AND SHOWERHEADS:
   (A) "FAUCET" MEANS A LAVATORY FAUCET, KITCHEN FAUCET, METERING FAUCET,
 PUBLIC LAVATORY FAUCET, OR REPLACEMENT AERATOR FOR  A  LAVATORY,  PUBLIC
 LAVATORY OR KITCHEN FAUCET.
   (B)  "PUBLIC LAVATORY FAUCET" MEANS A FITTING INTENDED TO BE INSTALLED
 IN NONRESIDENTIAL BATHROOMS THAT ARE EXPOSED TO WALK-IN TRAFFIC.
   (C) "METERING FAUCET" MEANS A FAUCET THAT, WHEN TURNED ON, WILL GRADU-
 ALLY SHUT ITSELF OFF OVER A PERIOD OF SEVERAL SECONDS.
   (D) "REPLACEMENT AERATOR" MEANS AN  AERATOR  SOLD  AS  A  REPLACEMENT,
 SEPARATE FROM THE FAUCET TO WHICH IT IS INTENDED TO BE ATTACHED.
   (E)  "SHOWERHEAD" MEANS A DEVICE THROUGH WHICH WATER IS DISCHARGED FOR
 A SHOWER BATH AND INCLUDES A HAND-HELD SHOWERHEAD BUT DOES NOT INCLUDE A
 SAFETY SHOWER SHOWERHEAD.
   (F) "HAND-HELD SHOWERHEAD" MEANS A SHOWERHEAD  THAT  CAN  BE  HELD  OR
 FIXED  IN PLACE FOR THE PURPOSE OF SPRAYING WATER ONTO A BATHER AND THAT
 IS CONNECTED TO A FLEXIBLE HOSE.
   49. THE FOLLOWING DEFINITIONS REFER TO URINALS AND WATER CLOSETS:
   (A) "PLUMBING FIXTURE" MEANS AN EXCHANGEABLE DEVICE, WHICH CONNECTS TO
 A PLUMBING SYSTEM TO DELIVER AND DRAIN AWAY WATER AND WASTE.
   (B) "URINAL" MEANS A PLUMBING FIXTURE THAT RECEIVES ONLY  LIQUID  BODY
 WASTE AND, CONVEYS THE WASTE THROUGH A TRAP INTO A DRAINAGE SYSTEM.
   (C)  "WATER CLOSET" MEANS A PLUMBING FIXTURE HAVING A WATER-CONTAINING
 RECEPTOR THAT RECEIVES LIQUID AND SOLID BODY WASTE  THROUGH  AN  EXPOSED
 INTEGRAL TRAP INTO A DRAINAGE SYSTEM.
   (D) "DUAL-FLUSH EFFECTIVE FLUSH VOLUME" MEANS THE AVERAGE FLUSH VOLUME
 OF TWO REDUCED FLUSHES AND ONE FULL FLUSH.
   (E)  "DUAL-FLUSH  WATER  CLOSET"  MEANS A WATER CLOSET INCORPORATING A
 FEATURE THAT ALLOWS THE USER TO FLUSH THE WATER  CLOSET  WITH  EITHER  A
 REDUCED OR A FULL VOLUME OF WATER.
   (F)  "TROUGH-TYPE URINAL" MEANS A URINAL DESIGNED FOR SIMULTANEOUS USE
 BY TWO OR MORE PERSONS.
   50. THE FOLLOWING DEFINITIONS REFER TO SPRAY SPRINKLER BODIES:
   (A) "PRESSURE REGULATOR" MEANS A DEVICE THAT MAINTAINS CONSTANT  OPER-
 ATING  PRESSURE  IMMEDIATELY  DOWNSTREAM  FROM  THE DEVICE, GIVEN HIGHER
 PRESSURE UPSTREAM.

 A. 8143                            11
 
   (B) "SPRAY SPRINKLER BODY" MEANS THE  EXTERIOR  CASE  OR  SHELL  OF  A
 SPRINKLER  INCORPORATING  A  MEANS  OF  CONNECTION  TO THE PIPING SYSTEM
 DESIGNED TO CONVEY WATER TO A NOZZLE OR ORIFICE.
   51."UNINTERRUPTABLE  POWER  SUPPLY" MEANS A BATTERY CHARGER CONSISTING
 OF A COMBINATION OF CONVERTORS,  SWITCHES  AND  ENERGY  STORAGE  DEVICES
 (SUCH  AS BATTERIES), CONSTITUTING A POWER SYSTEM FOR MAINTAINING CONTI-
 NUITY OF LOAD POWER IN CASE OF INPUT POWER FAILURE.
   52. "COMMERCIAL BATTERY CHARGER SYSTEM (BCS)" OR "STATE-REGULATED BCS"
 MEANS A BATTERY CHARGER COUPLED WITH ITS BATTERIES OR  BATTERY  CHARGERS
 COUPLED  WITH  THEIR BATTERIES, WHICH TOGETHER ARE REFERRED TO AS STATE-
 REGULATED BATTERY CHARGER SYSTEMS. THIS  TERM  COVERS  ALL  RECHARGEABLE
 BATTERIES  OR DEVICES INCORPORATING A RECHARGEABLE BATTERY AND THE CHAR-
 GERS USED WITH THEM.   BATTERY CHARGER  SYSTEMS  INCLUDE,  BUT  ARE  NOT
 LIMITED TO:
   (A)  ELECTRONIC  DEVICES WITH A BATTERY THAT ARE NORMALLY CHARGED FROM
 AC LINE VOLTAGE OR DC INPUT VOLTAGE  THROUGH  AN  INTERNAL  OR  EXTERNAL
 POWER SUPPLY AND A DEDICATED BATTERY CHARGER;
   (B)  THE  BATTERY  AND  BATTERY CHARGER COMPONENTS OF DEVICES THAT ARE
 DESIGNED TO RUN ON BATTERY POWER DURING PART OR ALL OF THEIR OPERATIONS;
   (C) DEDICATED BATTERY SYSTEMS PRIMARILY  DESIGNED  FOR  ELECTRICAL  OR
 EMERGENCY BACKUP; AND
   (D)  DEVICES WHOSE PRIMARY FUNCTION IS TO CHARGE BATTERIES, ALONG WITH
 THE BATTERIES THEY ARE DESIGNED TO CHARGE. THESE UNITS INCLUDE  CHARGERS
 FOR  POWER TOOL BATTERIES AND CHARGERS FOR AUTOMOTIVE, AA, AAA, C, D, OR
 9V RECHARGEABLE BATTERIES, AS WELL AS CHARGERS  FOR  BATTERIES  USED  IN
 LARGER INDUSTRIAL MOTIVE EQUIPMENT AND A LA CARTE CHARGERS.
   THE  CHARGING  CIRCUITRY  OF BATTERY CHARGER SYSTEMS MAY OR MAY NOT BE
 LOCATED WITHIN THE HOUSING OF THE END-USE DEVICE ITSELF. IN MANY  CASES,
 THE  BATTERY  MAY BE CHARGED WITH A DEDICATED EXTERNAL CHARGER AND POWER
 SUPPLY COMBINATION THAT IS SEPARATE FROM THE DEVICE THAT RUNS  ON  POWER
 FROM THE BATTERY. STATE-REGULATED BATTERY CHARGER SYSTEMS DO NOT INCLUDE
 FEDERALLY REGULATED BATTERY CHARGERS THAT ARE COVERED UNDER STANDARDS IN
 10 C.F.R. SECTION 430.32(Z).
   53.    "BUSINESS  ENTITY"  MEANS ANY CORPORATION, ASSOCIATION, LIMITED
 LIABILITY COMPANY, PARTNERSHIP, LIMITED PARTNERSHIP,  LIMITED  LIABILITY
 PARTNERSHIP, OR OTHER LEGAL ENTITY OF ANY KIND OR DESCRIPTION.
   54.  "MANUFACTURED  HOME"  HAS  THE  MEANING  ASCRIBED TO THAT TERM BY
 SUBDIVISION SEVEN OF SECTION SIX HUNDRED ONE OF THE EXECUTIVE LAW.
   55. "RECREATIONAL VEHICLE" MEANS A VAN OR  UTILITY  VEHICLE  USED  FOR
 RECREATIONAL PURPOSES.
   56.  "UNIFORM  CODE"  MEANS THE NEW YORK STATE UNIFORM FIRE PREVENTION
 AND BUILDING CODE ADOPTED PURSUANT TO ARTICLE EIGHTEEN OF THE  EXECUTIVE
 LAW.
   57.  "ENERGY  CODE"  MEANS  THE  NEW  YORK  STATE  ENERGY CONSERVATION
 CONSTRUCTION CODE ADOPTED PURSUANT TO ARTICLE ELEVEN OF THIS CHAPTER.
   58. "ELECTRIC VEHICLE SUPPLY EQUIPMENT (EVSE)"  MEANS  EQUIPMENT  THAT
 SUPPLIES  ELECTRICITY IN AN APPROPRIATE FORM TO STORAGE DEVICES, INCLUD-
 ING BATTERIES AND SUPER CAPACITATORS, THAT ARE PART  OF  ELECTRIC  VEHI-
 CLES.  SUCH TERM SHALL INCLUDE EQUIPMENT THAT PERFORMS THIS FUNCTION AND
 EQUIPMENT THAT IS EMBEDDED IN ELECTRIC VEHICLES.
   59. "ELECTRIC VEHICLE" MEANS AN ON-ROAD VEHICLE THAT DRAWS ELECTRICITY
 FOR PROPULSION FROM A TRACTION BATTERY WITH A LEAST FIVE  KILOWATT-HOURS
 (KWH) OF CAPACITY, AND USES AN EXTERNAL SOURCE OF ENERGY TO RECHARGE THE
 BATTERY.  SUCH  TERM  SHALL  INCLUDE  A  PLUG-IN HYBRID ELECTRIC VEHICLE
 (PHEV) WITH A SECOND SOURCE OF ENERGY  FOR  PROPULSION,  AND  A  BATTERY

 A. 8143                            12
 
 ELECTRIC  VEHICLE  (BEV), WHICH IS POWERED SOLELY BY EXTERNALLY SUPPLIED
 ELECTRICITY STORED ON-BOARD SUCH ELECTRIC VEHICLE.
   60.  "COMMERCIAL  CLOTHES DRYER" MEANS A CLOTHES DRYER DESIGNED TO DRY
 FABRICS IN A  TUMBLE-TYPE  DRUM  WITH  FORCED  AIR  CIRCULATION  AND  IS
 DESIGNED FOR USE IN:
   (A)  APPLICATIONS  IN  WHICH  THE OCCUPANTS OF MORE THAN ONE HOUSEHOLD
 WILL BE USING THE CLOTHES DRYER, INCLUDING MULTI-FAMILY  HOUSING  COMMON
 AREAS AND COIN LAUNDRIES; OR
   (B) OTHER COMMERCIAL APPLICATIONS.
   61. "COMMERCIAL AND INDUSTRIAL FANS AND BLOWERS" MEANS A ROTARY-BLADED
 MACHINE  USED  TO  CONVERT  POWER  TO AIR POWER, WITH A BRAKE HORSEPOWER
 GREATER THAN OR EQUAL TO EITHER ONE KILOWATT OR ONE HORSEPOWER,  AND  AN
 AIR  HORSEPOWER  LESS  THAN  OR EQUAL TO ONE HUNDRED FIFTY, AND USED FOR
 COMMERCIAL AND INDUSTRIAL PURPOSES.
   62.  "IMAGING  EQUIPMENT"  MEANS  COPIERS,  PRINTERS,  SCANNERS,   FAX
 MACHINES, AND MULTIFUNCTION DEVICES USED BOTH IN HOMES AND BUSINESSES.
   63.  "LANDSCAPE  IRRIGATION  CONTROLLER"  MEANS  A  DEVICE INTENDED TO
 REMOTELY CONTROL VALVES TO OPERATE AN IRRIGATION SYSTEM FOR  LANDSCAPES,
 WHICH  MAY CONSIST OF GRASS, SHRUBS, TREES AND/OR OTHER VEGETATION. THIS
 TERM SHALL NOT INCLUDE DEVICES THAT ARE TYPICALLY  SOLD  SEPARATELY  AND
 USED  PRIMARILY FOR OTHER PURPOSES, SUCH AS A NETWORK ROUTER, AND MAY BE
 USED INCIDENTALLY FOR A LANDSCAPE IRRIGATION CONTROLLER. THIS TERM SHALL
 NOT INCLUDE BATTERY POWERED HOSE-END TIMERS OR DEVICES USED PRIMARILY IN
 AGRICULTURAL APPLICATIONS.
   64. "OUTDOOR LIGHTING" MEANS ELECTRICAL LIGHTING  USED  TO  ILLUMINATE
 OUTDOOR  AREAS,  INCLUDING PARKING LOTS, STREETLIGHTS, HIGHWAYS AND AREA
 LUMINAIRES.
   65. "PLUG-IN LUMINOUS SIGNS" MEANS  A  SELF-CONTAINED,  LUMINOUS  SIGN
 UNIT  THAT  PLUGS  INTO 120V AC BUILDING MAINS POWER AND IS INTENDED FOR
 INDOOR USE ONLY. SIGNS MAY BE INTENDED FOR USE IN COMMERCIAL OUTLETS  IN
 BUSINESS ESTABLISHMENTS OR IN RESIDENCES.
   66. "SMALL NETWORK EQUIPMENT" MEANS A DEVICE WHOSE PRIMARY FUNCTION IS
 TO  PASS INTERNET PROTOCOL (IP) TRAFFIC AMONG VARIOUS NETWORK INTERFACES
 OR PORTS INTENDED FOR USE IN RESIDENTIAL AND SMALL BUSINESS SETTINGS.
   67. "TUB SPOUT DIVERTERS" MEANS THE FOLLOWING DEFINITIONS:
   (A) A BATH AND SHOWER DIVERTER WHOSE DIVERTER MECHANISM IS LOCATED  IN
 THE TUB SPOUT; AND/OR
   (B) BATH AND SHOWER DIVERTER MEANS A DEVICE USED TO DIRECT THE FLOW OF
 WATER  EITHER  TOWARD  A TUB SPOUT OR TOWARD A SECONDARY OUTLET INTENDED
 FOR SHOWERING PURPOSES, INCLUDING A SHOWERHEAD OR BODY SPRAY.
   § 14. Section 16-104 of the energy law, as added by chapter 431 of the
 laws of 2005, subdivision 1 as amended by chapter 222  of  the  laws  of
 2010, is amended to read as follows:
   §  16-104.  Applicability,  conduct prohibited.   1. The provisions of
 this article apply to the ESTABLISHMENT OF, testing FOR COMPLIANCE WITH,
 certification OF COMPLIANCE WITH, and enforcement of  efficiency  stand-
 ards for the following new products which are sold, OR offered for sale,
 LEASED  OR OFFERED FOR LEASE, RENTED OR OFFERED FOR RENT or installed OR
 OFFERED TO INSTALL in New York state: (a) automatic commercial ice  cube
 machines;  (b)  ceiling  fan  light kits; (c) commercial pre-rinse spray
 valves; (d) commercial refrigerators, freezers  and  refrigerator-freez-
 ers;  (e) consumer audio and video products; (f) illuminated exit signs;
 (g) incandescent reflector lamps; (h)  very  large  commercial  packaged
 air-conditioning  and heating equipment; (i) metal halide lamp fixtures;
 (j) pedestrian traffic signal modules; (k) power supplies; (l) torchiere
 lighting fixtures;  (m)  unit  heaters;  (n)  vehicular  traffic  signal

 A. 8143                            13
 
 modules;  (o) portable light fixtures; (p) bottle-type water dispensers;
 (q) commercial hot food holding cabinets; (r)  portable  electric  spas;
 [and]  (s) [residential] REPLACEMENT DEDICATED-PURPOSE pool [pumps] PUMP
 MOTORS; (T) AIR COMPRESSORS; (U) AIR PURIFIERS; (V) COMMERCIAL DISHWASH-
 ERS;  (W) COMMERCIAL FRYERS; (X) COMMERCIAL STEAM COOKERS; (Y) COMPUTERS
 AND COMPUTER MONITORS; (Z) GENERAL SERVICE LAMPS; (AA) FEDERALLY  EXEMPT
 FLUORESCENT  LAMPS;  (BB)  PORTABLE  AIR  CONDITIONERS; (CC) RESIDENTIAL
 VENTILATING FANS; (DD) TELEPHONES; (EE) FAUCETS; (FF) SHOWERHEADS;  (GG)
 URINALS; (HH) WATER CLOSETS; (II) SPRINKLER BODIES; (JJ) UNINTERRUPTABLE
 POWER  SUPPLIES;  (KK) LIGHT EMITTING DIODE LAMPS; (LL) ELECTRIC VEHICLE
 SUPPLY EQUIPMENT; (MM) COMMERCIAL BATTERY CHARGER SYSTEMS; (NN)  COMMER-
 CIAL  OVENS;  (OO) COMMERCIAL CLOTHES DRYERS; (PP) COMMERCIAL AND INDUS-
 TRIAL FANS AND BLOWERS; (QQ) IMAGING  EQUIPMENT;  (RR)  LANDSCAPE  IRRI-
 GATION  CONTROLLERS; (SS) OUTDOOR LIGHTING; (TT) PLUG-IN LUMINOUS SIGNS;
 (UU) SMALL NETWORK EQUIPMENT; (VV) TUB SPOUT  DIVERTERS;  (WW)  PRODUCTS
 FOR  WHICH  EFFICIENCY STANDARDS SHALL HAVE BEEN ESTABLISHED PURSUANT TO
 PARAGRAPH (B) OR (C) OF SUBDIVISION ONE OF SECTION 16-106 OF THIS  ARTI-
 CLE; AND (XX) PRODUCTS THAT ARE SUBJECT TO ANY FEDERAL EFFICIENCY STAND-
 ARD  REFERRED  TO IN SECTION 16-105 OF THIS ARTICLE THAT SHALL HAVE BEEN
 CONTINUED IN THIS STATE PURSUANT TO SUCH SECTION 16-105.
   2. No person OR BUSINESS ENTITY shall sell[,] OR offer for sale, LEASE
 OR OFFER TO LEASE, OR RENT OR OFFER TO RENT,  or  install  OR  OFFER  TO
 INSTALL  in  New  York  state any new product of the types enumerated in
 PARAGRAPHS (A) THROUGH (VV) OF subdivision one of this section,  or  any
 [of  the]  new [products identified] PRODUCT FOR WHICH EFFICIENCY STAND-
 ARDS SHALL HAVE BEEN ESTABLISHED pursuant to PARAGRAPH  (B)  OR  (C)  OF
 subdivision  [four]  ONE of section 16-106 of this article, [unless: (a)
 the product meets minimum energy performance standards adopted  pursuant
 to  this  article  upon  the  effective  date of such standards; and, if
 required by regulations promulgated] OR ANY NEW PRODUCT THAT IS  SUBJECT
 TO  ANY  FEDERAL  EFFICIENCY  STANDARD THAT SHALL HAVE BEEN CONTINUED IN
 THIS STATE pursuant to [this] section[, (b)  the  manufacturer  of  such
 product certifies that the product meets said minimum energy performance
 standards.] 16-105 OF THIS ARTICLE, UNLESS:
   (A)  THE  PRODUCT  MEETS  THE  EFFICIENCY STANDARDS APPLICABLE TO SUCH
 PRODUCT AS OF THE DATE OF MANUFACTURE OF SUCH  PRODUCT  OR  AS  OF  SUCH
 OTHER DATE AS MAY BE DETERMINED IN ACCORDANCE WITH THE REGULATION ESTAB-
 LISHING THE STANDARD FOR SUCH PRODUCT; AND
   (B)  IF  REQUIRED BY REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE, THE
 MANUFACTURER OF SUCH PRODUCT CERTIFIES THAT THE PRODUCT MEETS SAID EFFI-
 CIENCY STANDARDS. AS USED WITHIN THIS SUBDIVISION, REFERENCE TO ANY  NEW
 PRODUCT MEANS ANY INDIVIDUAL PRODUCT SUBJECT TO THE REQUIREMENTS OF THIS
 ARTICLE.
   3.  The  prohibitions  contained in [subdivisions one and] SUBDIVISION
 two of this section shall not apply to:
   (a) products manufactured in the state and sold outside the state;
   (b) products manufactured outside the  state  and  sold  at  wholesale
 inside the state for final retail sale outside the state;
   (c)  products  installed in [mobile] manufactured homes at the time of
 construction; or
   (d) products designed expressly for installation  and  use  in  recre-
 ational vehicles.
   § 15. The energy law is amended by adding a new section 16-105 to read
 as follows:
   §  16-105.  ADOPTION  OF  CERTAIN FEDERAL EFFICIENCY STANDARDS. 1. THE
 FEDERAL EFFICIENCY STANDARD ESTABLISHED IN 10CFR PARTS 430 AND  431,  AS

 A. 8143                            14
 
 IN EFFECT ON JANUARY FIRST, TWO THOUSAND EIGHTEEN SHALL BE APPLICABLE TO
 PRODUCTS  WHICH  ARE  SUBJECT  TO  SUCH FEDERAL EFFICIENCY STANDARDS AND
 WHICH ARE SOLD, OFFERED FOR SALE, OR INSTALLED IN  NEW  YORK  STATE.  SO
 LONG  AS  SUCH  FEDERAL EFFICIENCY STANDARDS REMAIN IN EFFECT AS FEDERAL
 EFFICIENCY STANDARDS, THEY SHALL BE ENFORCED AS PROVIDED BY FEDERAL LAW.
   2. IF ANY FEDERAL EFFICIENCY STANDARD REFERRED TO IN  SUBDIVISION  ONE
 OF  THIS  SECTION IS WITHDRAWN, REPEALED, VOIDED, OR OTHERWISE CEASES TO
 REMAIN IN EFFECT AS A FEDERAL EFFICIENCY STANDARD:
   (A) SUCH EFFICIENCY STANDARD SHALL BE DEEMED TO BE CONTINUED  IN  THIS
 STATE  AND SHALL BE DEEMED TO BE AN EFFICIENCY STANDARD ADOPTED PURSUANT
 TO THIS ARTICLE;
   (B) THE PRESIDENT SHALL FILE WITH THE SECRETARY A WRITTEN  DESCRIPTION
 OF SUCH EFFICIENCY STANDARD, THE TERMS AND CONDITIONS OF SUCH EFFICIENCY
 STANDARD, AND THE PRODUCT OR PRODUCTS THAT ARE SUBJECT TO SUCH EFFICIEN-
 CY  STANDARD,  SUCH  DESCRIPTION  TO  BE IN A FORMAT CONSISTENT WITH THE
 REGULATIONS ADOPTED PURSUANT TO THIS ARTICLE AND IN FORM  ACCEPTABLE  TO
 THE  SECRETARY,  TOGETHER  WITH A CERTIFICATE, IN FORM ACCEPTABLE TO THE
 SECRETARY, SIGNED AND DATED BY THE PRESIDENT AND  CERTIFYING  THAT  SUCH
 EFFICIENCY STANDARD IS NO LONGER IN EFFECT AS A FEDERAL EFFICIENCY STAN-
 DARD,  THAT  SUCH  EFFICIENCY STANDARD CONTINUES IN EFFECT IN THIS STATE
 PURSUANT TO THIS SECTION, AND THAT SUCH EFFICIENCY STANDARD  IS  ADOPTED
 PURSUANT TO THIS SECTION;
   (C)  THE  SECRETARY  SHALL  CAUSE SUCH WRITTEN DESCRIPTION AND CERTIF-
 ICATION TO BE PUBLISHED IN THE STATE REGISTER, AND SHALL CAUSE THE OFFI-
 CIAL COMPILATION OF CODES, RULES AND REGULATIONS OF  THE  STATE  OF  NEW
 YORK TO INCLUDE SUCH WRITTEN DESCRIPTION;
   (D)  THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS ESTABLISH-
 ING PROCEDURES FOR TESTING THE  ENERGY  REDUCTION,  WATER  CONSERVATION,
 GREENHOUSE GAS REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED
 WITH SUCH PRODUCT;
   (E)  THE PRESIDENT SHALL BE AUTHORIZED TO ADOPT REGULATIONS ESTABLISH-
 ING PROCEDURES FOR MANUFACTURERS OF SUCH PRODUCT TO  CERTIFY  THAT  SUCH
 PRODUCT MEETS SUCH EFFICIENCY STANDARD, IF THE PRESIDENT DETERMINES THAT
 SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED; AND
   (F)  THE  PRESIDENT  SHALL BE AUTHORIZED TO ADOPT REGULATIONS AMENDING
 SUCH EFFICIENCY STANDARD FROM TIME TO TIME, INCLUDING  REGULATIONS  THAT
 REPEAL  SUCH  EFFICIENCY STANDARD, DECREASE THE STRINGENCY OF SUCH EFFI-
 CIENCY STANDARD, OR INCREASE THE STRINGENCY OF SUCH EFFICIENCY STANDARD.
   3. THE ACTIONS TO BE TAKEN PURSUANT  TO  PARAGRAPHS  (B)  AND  (C)  OF
 SUBDIVISION  TWO  OF  THIS  SECTION TO CONFIRM THAT A FEDERAL EFFICIENCY
 STANDARD THAT SHALL HAVE  BEEN  WITHDRAWN,  REPEALED,  VOIDED,  OR  THAT
 OTHERWISE  SHALL HAVE CEASED TO REMAIN IN EFFECT AS A FEDERAL EFFICIENCY
 STANDARD, CONTINUES TO BE APPLICABLE  IN  THIS  STATE,  AND  IS  ADOPTED
 PURSUANT  TO  THIS  SECTION,  SHALL BE EXEMPT FROM THE PROVISIONS OF THE
 STATE ADMINISTRATIVE PROCEDURE ACT, AND THE CERTIFICATION  TO  BE  FILED
 PURSUANT  TO  PARAGRAPH  (C) OF SUBDIVISION TWO OF THIS SECTION SHALL SO
 STATE.
   4. THIS SECTION SHALL NOT APPLY TO ANY FEDERAL EFFICIENCY STANDARD SET
 ASIDE BY A COURT UPON THE PETITION OF A PERSON  WHO  WILL  BE  ADVERSELY
 AFFECTED, AS PROVIDED IN 42 U.S.C. § 6306(B).
   § 16. Section 16-106 of the energy law, as added by chapter 431 of the
 laws  of 2005, paragraph (c) of subdivision 2 as added by chapter 222 of
 the laws of 2010 and subdivision 4 as amended by chapter 69 of the  laws
 of 2020, is amended to read as follows:
   §  16-106. [Administration of article] POWERS AND DUTIES OF THE PRESI-
 DENT AND THE SECRETARY. 1. The [secretary,  in  consultation  with  the]

 A. 8143                            15
 
 president[,]  IN CONSULTATION WITH THE SECRETARY shall have and be enti-
 tled to exercise the following powers and duties:
   (a)  To  [establish  energy] ADOPT REGULATIONS ESTABLISHING efficiency
 [performance] standards  for  the  products  listed  in  PARAGRAPHS  (A)
 THROUGH  (VV)  OF  subdivision  one  of  section 16-104 of this article,
 including but not limited to, establishing [energy] efficiency [perform-
 ance] standards for power supplies in the active mode and  no-load  mode
 or  other such products while in the active mode and in the standby-pas-
 sive-mode[.
   (b) To promulgate regulations to achieve the purposes of this  article
 provided  however  that  no energy efficiency performance standard shall
 become effective for a product less than one hundred eighty  days  after
 it  shall  become  final,  provided,  however,  that no standard adopted
 pursuant to this article shall go  into  effect  if  federal  government
 energy  efficiency  performance standards regarding such product preempt
 state standards unless preemption has been waived  pursuant  to  federal
 law;
   (c)  To  administer and enforce the provisions of this article and any
 rule or regulation promulgated thereunder or order issued pursuant ther-
 eto;
   (d) To order, pursuant to section 16-104 of this article, the  immedi-
 ate  cessation  of  any  distribution, sale or offer for sale, import or
 installation of any product for which  the  secretary,  in  consultation
 with  the  president,  determines that the certification of such product
 listed in subdivision one of section 16-104 of this article was achieved
 in violation of section 16-108 of this article];
   (B)  TO  ADOPT  REGULATIONS  ESTABLISHING  EFFICIENCY  STANDARDS   FOR
 PRODUCTS  NOT  SPECIFICALLY  LISTED  IN  PARAGRAPHS  (A) THROUGH (VV) OF
 SUBDIVISION ONE OF SECTION 16-104 OF THIS  ARTICLE,  PROVIDED  THAT  THE
 PRESIDENT  DETERMINES  THAT ESTABLISHING SUCH EFFICIENCY STANDARDS WOULD
 SERVE TO PROMOTE ENERGY REDUCTION, WATER  CONSERVATION,  GREENHOUSE  GAS
 REDUCTION, AND/OR INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH THE REGU-
 LATED  PRODUCT CATEGORIES IN THIS STATE. ANY REGULATION ADOPTED PURSUANT
 TO THIS PARAGRAPH MAY INCLUDE  PROVISIONS  ESTABLISHING  PROCEDURES  FOR
 TESTING THE EFFICIENCY OF THE COVERED PRODUCTS AND PROVISIONS ESTABLISH-
 ING  PROCEDURES  FOR  MANUFACTURERS OF SUCH PRODUCT TO CERTIFY THAT SUCH
 PRODUCTS MEET THE EFFICIENCY STANDARDS, IF THE PRESIDENT DETERMINES THAT
 SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
   (C) TO REVIEW EFFICIENCY STANDARDS AS ADOPTED FROM  TIME  TO  TIME  BY
 OTHER  STATES  FOR PRODUCTS NOT LISTED IN PARAGRAPHS (A) THROUGH (VV) OF
 SUBDIVISION ONE OF SECTION 16-104 OF THIS ARTICLE, AND  TO  ADOPT  REGU-
 LATIONS  ESTABLISHING  EFFICIENCY  STANDARDS SIMILAR TO THOSE ADOPTED BY
 ANY OTHER STATE FOR SUCH PRODUCTS, PROVIDED THAT  THE  PRESIDENT  DETER-
 MINES THAT ESTABLISHING SUCH EFFICIENCY STANDARDS WOULD SERVE TO PROMOTE
 ENERGY  REDUCTION,  WATER CONSERVATION, GREENHOUSE GAS REDUCTION, AND/OR
 INCREASED DEMAND FLEXIBILITY ASSOCIATED WITH THE REGULATED PRODUCT CATE-
 GORIES IN THIS STATE. ANY REGULATION ADOPTED PURSUANT TO THIS  PARAGRAPH
 MAY INCLUDE PROVISIONS ESTABLISHING PROCEDURES FOR TESTING THE EFFICIEN-
 CY  OF  THE  COVERED PRODUCTS AND PROVISIONS ESTABLISHING PROCEDURES FOR
 MANUFACTURERS OF SUCH PRODUCT TO CERTIFY THAT  SUCH  PRODUCTS  MEET  THE
 EFFICIENCY  STANDARDS, IF THE PRESIDENT DETERMINES THAT SUCH MANUFACTUR-
 ER'S CERTIFICATIONS SHOULD BE REQUIRED;
   (D) TO ADOPT REGULATIONS TO ACHIEVE THE PURPOSES OF THIS ARTICLE;
   (e) To conduct investigations, test, and obtain data with  respect  to
 research  experiments and demonstrations, and to collect and disseminate

 A. 8143                            16
 
 information regarding the purposes to be achieved pursuant to this arti-
 cle;
   (f)  To  accept  grants  or  funds  for purposes of administration AND
 ENFORCEMENT of this article. NOTWITHSTANDING ANY OTHER PROVISION OF  LAW
 TO  THE CONTRARY, THE PRESIDENT IS HEREBY AUTHORIZED TO ACCEPT GRANTS OR
 FUNDS,  INCLUDING  FUNDS  DIRECTED  THROUGH  NEGOTIATED  SETTLEMENTS  OR
 CONSENT  ORDERS PURSUANT TO THIS ARTICLE, AND IS AUTHORIZED TO ESTABLISH
 THE APPLIANCE STANDARDS ADMINISTRATION ACCOUNT TO BE ADMINISTERED BY THE
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY,  IN  CONSULTA-
 TION  WITH  THE SECRETARY, AND MAINTAINED IN A SEGREGATED ACCOUNT IN THE
 CUSTODY OF THE COMMISSIONER OF TAXATION AND FINANCE. ALL FUNDS  ACCEPTED
 BY  THE PRESIDENT FOR THE PURPOSES OF THIS ARTICLE SHALL BE DEPOSITED IN
 THE EFFICIENCY STANDARDS ADMINISTRATION ACCOUNT ESTABLISHED BY  THE  NEW
 YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND MAINTAINED IN A
 SEGREGATED  ACCOUNT  IN  THE CUSTODY OF THE COMMISSIONER OF TAXATION AND
 FINANCE. ALL EXPENDITURES FROM THE EFFICIENCY  STANDARDS  ADMINISTRATION
 ACCOUNT  PURSUANT  TO  THIS  ARTICLE SHALL BE MADE BY THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY TO CARRY OUT STUDIES, INVESTI-
 GATIONS, RESEARCH, EXPENSES TO PROVIDE FOR EXPERT  WITNESS,  CONSULTANT,
 ENFORCEMENT,  ADMINISTRATIVE  AND LEGAL FEES, INCLUDING DISBURSEMENTS TO
 THE DEPARTMENT OF STATE TO SUPPORT ENFORCEMENT ACTIVITIES AUTHORIZED  BY
 THE  SECRETARY  PURSUANT  TO  THIS  SECTION,  AND OTHER RELATED EXPENSES
 PURSUANT TO THIS ARTICLE. ALL DEPOSITS MADE TO THE EFFICIENCY  STANDARDS
 ADMINISTRATION  ACCOUNT  MADE  BY THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY, ALL FUNDS MAINTAINED IN THE EFFICIENCY  STANDARDS
 ADMINISTRATION  ACCOUNT,  AND  DISBURSEMENTS THEREFROM, MADE PURSUANT TO
 THIS ARTICLE SHALL BE SUBJECT TO AN ANNUAL INDEPENDENT AUDIT AS PART  OF
 SUCH  AUTHORITY'S AUDITED FINANCIAL STATEMENTS, AND SUCH AUTHORITY SHALL
 PREPARE AN ANNUAL REPORT SUMMARIZING EFFICIENCY STANDARDS ADMINISTRATION
 ACCOUNT BALANCE AND ACTIVITIES FOR EACH FISCAL YEAR ENDING  MARCH  THIR-
 TY-FIRST  AND  PROVIDE SUCH REPORT TO THE SECRETARY NO LATER THAN NINETY
 DAYS AFTER COMMENCEMENT OF SUCH FISCAL YEAR;
   (g) [To  impose  a  fine  and/or  impose  injunctive  relief  for  any
 violation of this article after notice and an opportunity to be heard;
   (h) The secretary and the president shall consult with the appropriate
 federal  agencies, including, but not limited to, the federal department
 of energy, industry and other potentially affected parties  in  carrying
 out  the  provisions  of  this  article] TO CONSULT WITH THE APPROPRIATE
 FEDERAL AGENCIES, INCLUDING, BUT NOT LIMITED TO, THE FEDERAL  DEPARTMENT
 OF  ENERGY,  THE  FEDERAL  DEPARTMENT  OF INDUSTRY AND OTHER POTENTIALLY
 AFFECTED PARTIES IN CARRYING OUT THE PROVISIONS OF THIS ARTICLE; AND
   (H) TO CONDUCT INVESTIGATIONS, IN CONSULTATION WITH THE SECRETARY,  TO
 DETERMINE  IF  PRODUCTS  COVERED  BY  STANDARDS ADOPTED PURSUANT TO THIS
 ARTICLE COMPLY WITH SUCH STANDARDS; TO CONDUCT  TESTS  TO  DETERMINE  IF
 PRODUCTS  COVERED  BY  STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
 WITH SUCH STANDARDS; TO PREPARE WRITTEN REPORTS OF THE RESULTS  OF  SUCH
 INVESTIGATIONS  AND  TESTS; TO PROVIDE SUCH REPORTS TO THE SECRETARY; IN
 CONSULTATION WITH THE SECRETARY, TO NEGOTIATE SETTLEMENT AGREEMENTS WITH
 ANY PERSON OR BUSINESS ENTITY THAT VIOLATES THE PROVISIONS  OF  SUBDIVI-
 SION TWO OF SECTION 16-104 OF THIS ARTICLE, OR FAILS TO PERFORM ANY DUTY
 IMPOSED  BY  THIS ARTICLE, OR VIOLATES OR FAILS TO COMPLY WITH ANY RULE,
 REGULATION, DETERMINATION, OR ORDER ADOPTED,  MADE,  OR  ISSUED  BY  THE
 PRESIDENT  OR  THE SECRETARY PURSUANT TO THIS ARTICLE, PURSUANT TO WHICH
 SUCH PERSON OR BUSINESS ENTITY SHALL AGREE TO CEASE SUCH  VIOLATION  AND
 TO  PAY  SUCH  CIVIL  PENALTY AS MAY BE SPECIFIED IN SUCH AGREEMENT, THE
 TERMS OF WHICH WILL BE INCORPORATED INTO A CONSENT ORDER SIGNED BY  SUCH

 A. 8143                            17

 PERSON  OR BUSINESS ENTITY, THE PRESIDENT, AND THE SECRETARY; TO CONSULT
 WITH THE SECRETARY IN CONNECTION WITH DETERMINATIONS MADE BY THE  SECRE-
 TARY  PURSUANT TO PARAGRAPH (B) OF SUBDIVISION FIVE OF THIS SECTION; AND
 TO  COOPERATE WITH THE SECRETARY IN ENFORCEMENT PROCEEDINGS CONDUCTED BY
 THE SECRETARY PURSUANT TO THIS ARTICLE.
   1-A. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ARTICLE, NO EFFICIEN-
 CY STANDARD ADOPTED PURSUANT TO PARAGRAPH (A) OF SUBDIVISION ONE OF THIS
 SECTION SHALL BECOME EFFECTIVE LESS THAN ONE HUNDRED EIGHTY  DAYS  AFTER
 PUBLICATION  OF  THE  NOTICE  OF  ADOPTION OF SUCH STANDARD IN THE STATE
 REGISTER; NO EFFICIENCY STANDARD ADOPTED PURSUANT TO  PARAGRAPH  (B)  OR
 (C)  OF SUBDIVISION ONE OF THIS SECTION SHALL BECOME EFFECTIVE LESS THAN
 ONE YEAR AFTER PUBLICATION OF THE NOTICE OF ADOPTION OF SUCH  EFFICIENCY
 STANDARD  IN THE STATE REGISTER; NO AMENDMENT OF ANY EFFICIENCY STANDARD
 ADOPTED PURSUANT TO THIS ARTICLE OR OF ANY EFFICIENCY STANDARD CONTINUED
 IN THIS STATE PURSUANT TO SECTION 16-105 OF THIS  ARTICLE  SHALL  BECOME
 EFFECTIVE  LESS  THAN  ONE  HUNDRED EIGHTY DAYS AFTER PUBLICATION OF THE
 NOTICE OF ADOPTION OF SUCH AMENDMENT IN THE STATE REGISTER; AND  NO  NEW
 OR  AMENDED  EFFICIENCY STANDARD, OR WATER CONSERVATION STANDARD ADOPTED
 PURSUANT TO THIS ARTICLE SHALL GO  INTO  EFFECT  IF  FEDERAL  GOVERNMENT
 EFFICIENCY  STANDARDS  REGARDING  SUCH  PRODUCT  PREEMPT STATE STANDARDS
 UNLESS PREEMPTION HAS BEEN WAIVED PURSUANT TO FEDERAL LAW.
   2. (a) On or before [June thirtieth] JANUARY FIRST, two thousand [six]
 TWENTY-TWO, the [secretary, in consultation with the]  president,  shall
 adopt  regulations  in  accordance  with  the provisions of this article
 establishing:
   (i) [energy] efficiency [performance] standards for  new  products  of
 the  types  [set  forth] REFERRED TO in paragraphs (a) through [(n)] (F)
 AND PARAGRAPHS (H) THROUGH (Y), PARAGRAPHS (AA) THROUGH (JJ)  AND  PARA-
 GRAPHS  (MM)  THROUGH  (VV) of subdivision one of section 16-104 of this
 article[, with the exception of such paragraph (g) (incandescent reflec-
 tor lamps)];
   (ii) procedures  for  testing  the  [energy]  efficiency  of  the  NEW
 products [covered by] OF THE TYPES REFERRED TO IN paragraphs (a) through
 [(n)]  (F) AND PARAGRAPHS (H) THROUGH (VV) of subdivision one of section
 16-104 of this article;
   (iii) procedures  for  manufacturers  to  certify  that  NEW  products
 [covered  under]  OF THE TYPES REFERRED TO IN PARAGRAPHS (A) THROUGH (F)
 AND PARAGRAPHS (H) THROUGH (VV) OF SUBDIVISION ONE OF SECTION 16-104  OF
 this  article  meet the [energy] efficiency standards to be [promulgated
 under this article] ADOPTED PURSUANT TO THIS ARTICLE, IF  THE  PRESIDENT
 DETERMINES  THAT  SUCH MANUFACTURER'S CERTIFICATIONS SHOULD BE REQUIRED;
 and
   (iv) such further matters as are necessary to insure the proper imple-
 mentation and enforcement of the provisions of this article.
   (A-1) With respect to [incandescent  reflector  lamps,  included]  THE
 TYPES OF PRODUCTS REFERRED TO in [paragraph] PARAGRAPHS (g), (Z) OR (KK)
 of  subdivision  one  of  section  16-104  of this article (INCANDESCENT
 REFLECTOR LAMPS, GENERAL SERVICE LAMPS, AND LIGHT EMITTING DIODE LAMPS),
 the [secretary, in consultation with the] president[,] shall  conduct  a
 study  BY  DECEMBER  THIRTY-FIRST,  TWO THOUSAND TWENTY-ONE to determine
 whether an [energy] efficiency [performance] standard for such [product]
 PRODUCTS should be established, taking into  account  factors  including
 the  potential  impact  on  electricity  usage, product availability and
 consumer and environmental benefits. If [it is determined] THE PRESIDENT
 DETERMINES based on this study that such a standard would reduce  energy
 use  and  would  not be preempted by the federal law, the [secretary, in

 A. 8143                            18

 consultation with the] president[,] shall adopt regulations  in  accord-
 ance  with  the provisions of this article establishing [energy perform-
 ance] EFFICIENCY standards for such [product on or before January first,
 two thousand eight] PRODUCTS.
   (b)  With  respect  to  the TYPES OF products [defined] REFERRED TO in
 PARAGRAPHS (A), (D), (H) AND (I) OF subdivision [seven] ONE  of  section
 [16-102]  16-104  of  this  article  (very  large commercial package air
 conditioning and heating equipment[), subdivision nine of section 16-102
 of this article (], commercial refrigerators,  freezers  and  refrigera-
 tor-freezers[), subdivision twenty-three of section 16-102 of this arti-
 cle  (],  metal  halide lamp fixtures[) and subdivision three of section
 16-102 of this article (], AND automatic  commercial  ice-cube  makers),
 the  [secretary shall issue] regulations ADOPTED BY THE PRESIDENT pursu-
 ant to paragraph [a] (A) of this subdivision [establishing energy] SHALL
 ESTABLISH THE FOLLOWING efficiency  [performance]  standards  [for  such
 products  at  the  following levels] and [with] the following compliance
 dates:
   (i) [very] VERY large commercial package air conditioning and  heating
 equipment. Each very large commercial package air conditioning and heat-
 ing  equipment  sold, offered for sale or installed in New York state on
 or after January first, two thousand [ten] TWENTY-TWO shall, when tested
 according to the test standard specified in Air-Conditioning and Refrig-
 eration Institute standard 340/360-2004, meet the following standards:
   (A) The minimum energy efficiency  ratio  of  air-cooled  central  air
 conditioners  at or above two hundred forty thousand BTU per hour (cool-
 ing capacity) and less than seven hundred sixty thousand  BTU  per  hour
 (cooling capacity) shall be
   (I) 10.0 for equipment with no heating or electric resistance heating;
 and[;]
   (II)  9.8  for  equipment with all other heating system types that are
 integrated into the equipment  (at  a  standard  rating  of  ninety-five
 degrees Fahrenheit dB).
   (B)  the  minimum  energy  efficiency  ratio of air-cooled central air
 conditioner heat pumps at or above two hundred forty  thousand  BTU  per
 hour  (cooling  capacity) and less than seven hundred sixty thousand BTU
 per hour (cooling capacity) shall be
   (I) 9.5 for equipment with no heating or electric resistance  heating;
 and
   (II)  9.3  for  equipment with all other heating system types that are
 integrated into the equipment  (at  a  standard  rating  of  ninety-five
 degrees Fahrenheit dB).
   (C)  the  minimum  coefficient  of  performance in the heating mode of
 air-cooled central air conditioning heat pumps at or above  two  hundred
 forty  thousand  BTU  per  hour  (cooling  capacity) and less than seven
 hundred sixty thousand BTU per hour (cooling capacity) shall be 3.2  (at
 a high temperature rating of forty-seven degrees Fahrenheit dB)[;].
   (ii) [commercial] COMMERCIAL refrigerators, [and] freezers, AND REFRI-
 GERATOR-FREEZERS.  (A) Each commercial refrigerator, freezer, and refri-
 gerator-freezer with a self-contained condensing unit designed for hold-
 ing temperature applications sold, offered for sale or installed in  New
 York  state  on  or  after  January first, two thousand [ten] TWENTY-TWO
 shall have a daily energy consumption (in kilowatt hours per day) not to
 exceed:
   (I) refrigerators with solid doors 0.10 V + 2.04
   (II) refrigerators with transparent doors 0.12 V + 3.34
   (III) freezers with solid doors 0.40 V + 1.38

 A. 8143                            19
 
   (IV) freezers with transparent doors 0.75 V + 4.10
   (V)   refrigerators/freezers   with   solid   doors  the  greater  of:
 0.27AV-0.71 or 0.70.
   (B) Each commercial refrigerator with a self-contained condensing unit
 designed for pull-down temperature applications sold, offered  for  sale
 or  installed  in New York state on or after January first, two thousand
 [ten] TWENTY-TWO shall have a  daily  energy  consumption  (in  kilowatt
 hours per day) not to exceed: refrigerators with transparent doors 0.126
 V + 3.51.
   (iii)  [metal]  METAL  halide  lamp  fixtures.  Each metal halide lamp
 fixture that is sold, offered for sale or installed in New York state on
 or after January first, two thousand [eight] TWENTY-TWO and  that  oper-
 ates  a  lamp  in  a  vertical position (including fixtures that operate
 lamps rated for use within fifteen degrees  of  vertical)  and  that  is
 capable  of  operating  lamps rated equal to or greater than one hundred
 fifty Watts and less than or equal  to  five  hundred  Watts  shall  not
 contain a probe start metal-halide ballast.
   (iv)  [automatic]  AUTOMATIC commercial ice-cube maker. Each automatic
 commercial ice-cube maker, that produces cube-type ice  with  capacities
 between  fifty and two thousand five hundred pounds per twenty-four hour
 period sold, offered for sale or installed in New York state on or after
 January first, two thousand [ten] TWENTY-TWO, when tested  according  to
 the test standard specified in air-conditioning and refrigeration insti-
 tute  standard  810-2003,  as  in  effect on January first, two thousand
 five, shall meet the following standard levels:
   (A) H means the harvest rate in  pounds  per  twenty-four  hours.  For
 water-cooled equipment, water use is for the condenser only and does not
 include potable water used to make ice.
   (B)  For  ice making head water-cooled equipment the maximum condenser
 water use in gal/one hundred pounds of ice shall be 200-0.022H  and  the
 maximum energy use with a harvest rate of:
   (I) < 500 shall be   7.8-0.0055H;
   (II) 500 and < 1,436 shall be 5.58-0.0044H
   (III) 1,436 and < 2,500 shall be 4.0
   (C)  For  ice  making head air-cooled equipment the maximum energy use
 with a harvest rate of:
   (I) < 450 shall be   10.26-0.0086H;
   (II) 450 and < 2,500 shall be 6.89-0.0011H
   (D) For remote condensing but not remote compressor air-cooled  equip-
 ment the maximum energy use with a harvest rate of:
   (I) < 1,000 shall be  8.85 - 0.0038H;
   (II) 1,000 and < 2,500 shall be 5.10
   (E)  For  remote condensing and remote compressor air-cooled equipment
 the maximum energy use with a harvest rate of:
   (I) < 934 lbs shall be   8.85 - 0.0038H;
   (II) 934 and < 2,500 shall be 5.3
   (F) For self-contained water-cooled equipment  the  maximum  condenser
 water  use  in gal/100 lbs of Ice shall be 191 - 0.0315H and the maximum
 energy use with a harvest rate of:
   (I) < 200 shall be   11.4 - 0.019H;
   (II) 200 and < 2,500 shall be 7.6
   (G) For self-contained air-cooled equipment  the  maximum  energy  use
 with a harvest rate of:
   (I) < 175 shall be   18.0 - 0.0469H
   (II) 175 and < 2,500 shall be 9.8

 A. 8143                            20
 
   [(c)  On or before December thirty-first, two thousand ten, the secre-
 tary, in consultation with the president,  shall  adopt  regulations  in
 accordance  with the provisions of this article establishing: (i) energy
 efficiency performance standards for new products of the types set forth
 in  paragraphs  (o)  through (s) of subdivision one of section 16-104 of
 this article; (ii) procedures for testing the energy efficiency  of  the
 products  covered  by  paragraphs  (o) through (s) of subdivision one of
 section 16-104 of this article; (iii) procedures  for  manufacturers  to
 certify  that products covered by paragraphs (o) through (s) of subdivi-
 sion one of section 16-104 of this article meet  the  energy  efficiency
 standards  promulgated under this article; and (iv) such further matters
 as are necessary to insure the proper implementation and enforcement  of
 the  provisions  of this article with respect to the products covered by
 paragraphs (o) through (s) of subdivision one of section 16-104 of  this
 article.]
   3. Subsequent to adopting regulations pursuant to subdivisions one and
 two  of  this  section, the [secretary, in consultation with the] presi-
 dent, IN CONSULTATION WITH THE SECRETARY, may  amend  such  regulations,
 including increasing the stringency of the [energy] efficiency [perform-
 ance] standards[, provided however that no energy efficiency performance
 standard  shall  become  effective  for  a product less than one hundred
 eighty days after it shall become final].
   4. By March fifteenth of two thousand twenty-one,  the  secretary  and
 the president shall produce a report to the governor, the speaker of the
 assembly, the temporary president of the senate, the chair of the assem-
 bly  committee on energy and the chair of the senate committee on energy
 and telecommunications on the status of regulations establishing  [ener-
 gy]  efficiency  [performance] standards pursuant to this article, which
 shall indicate for each product enumerated in subdivision one of section
 16-104 of this article the status of the implementation of [performance]
 EFFICIENCY standards. The report shall  also  set  forth  the  estimated
 potential  annual  reductions  in  energy use and potential utility bill
 savings resulting from adopted [performance]  EFFICIENCY  standards  for
 the  years two thousand twenty-five and two thousand thirty-five and the
 potential cumulative reductions in energy use through the year two thou-
 sand thirty-five. Such report shall be updated by March  fifteenth,  two
 thousand thirty and a copy shall be posted by March fifteenth, two thou-
 sand  thirty  on  the  websites  of  the authority and the department of
 state.
   5. (A) IN ADDITION TO ALL OTHER POWERS  AND  AUTHORITY  GIVEN  TO  THE
 SECRETARY  BY  THIS ARTICLE, THE SECRETARY SHALL HAVE AND BE ENTITLED TO
 EXERCISE THE FOLLOWING POWERS AND DUTIES:
   (I) TO REQUEST THE PRESIDENT TO CONDUCT INVESTIGATIONS TO DETERMINE IF
 PRODUCTS COVERED BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS  ARTI-
 CLE COMPLY WITH SUCH EFFICIENCY STANDARDS; TO CONSULT WITH THE PRESIDENT
 IN  CONNECTION  WITH THE PRESIDENT'S PERFORMANCE OF SUCH INVESTIGATIONS;
 TO REQUEST THE PRESIDENT TO  CONDUCT  TESTS  TO  DETERMINE  IF  PRODUCTS
 COVERED  BY EFFICIENCY STANDARDS ADOPTED PURSUANT TO THIS ARTICLE COMPLY
 WITH SUCH EFFICIENCY STANDARDS; AND TO REQUEST THE  PRESIDENT'S  COOPER-
 ATION IN CONNECTION WITH ENFORCEMENT PROCEEDINGS CONDUCTED BY THE SECRE-
 TARY PURSUANT TO THIS ARTICLE;
   (II)  TO  ORDER  THE  IMMEDIATE CESSATION OF ANY DISTRIBUTION, SALE OR
 OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR OFFER TO RENT,  IMPORT,
 OR  OFFER  TO  IMPORT,  OR  INSTALLATION OR OFFER OF INSTALLATION OF ANY
 PRODUCT LISTED IN PARAGRAPHS (A) THROUGH  (VV)  OF  SUBDIVISION  ONE  OF
 SECTION  16-104  OF THIS ARTICLE, OR OF ANY PRODUCT FOR WHICH EFFICIENCY

 A. 8143                            21
 
 STANDARDS SHALL HAVE BEEN ESTABLISHED PURSUANT TO PARAGRAPH (B)  OR  (C)
 OF  SUBDIVISION ONE OF THIS SECTION, OR ANY PRODUCT THAT IS SUBJECT TO A
 FEDERAL EFFICIENCY STANDARD THAT SHALL HAVE BEEN CONTINUED IN THIS STATE
 PURSUANT TO SECTION 16-105 OF THIS ARTICLE, IF THE SECRETARY, IN CONSUL-
 TATION  WITH  THE  PRESIDENT, DETERMINES THAT SUCH PRODUCT DOES NOT MEET
 THE APPLICABLE EFFICIENCY STANDARD OR IF SUCH PRODUCT DOES  NOT  SATISFY
 THE   TESTING  PROCEDURES  OR  MANUFACTURER'S  CERTIFICATION  PROCEDURES
 ADOPTED PURSUANT TO THE REGULATIONS AUTHORIZED BY THIS ARTICLE;
   (III) TO ACCEPT GRANTS OR FUNDS FOR  PURPOSES  OF  ADMINISTRATION  AND
 ENFORCEMENT OF THIS ARTICLE;
   (IV)  TO  IMPOSE,  AFTER  NOTICE AND AN OPPORTUNITY TO BE HEARD, CIVIL
 PENALTIES AND/OR INJUNCTIVE RELIEF FOR ANY VIOLATION OF THIS ARTICLE  OR
 ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE. ANY PENALTIES COLLECTED
 BY  THE  SECRETARY  UNDER  THIS  SECTION  SHALL BE PLACED IN THE ACCOUNT
 ESTABLISHED UNDER SECTION NINETY-SEVEN-WWW OF  THE  STATE  FINANCE  LAW,
 RELATING TO THE CONSUMER PROTECTION ACCOUNT; AND
   (V)  TO  ADOPT  SUCH  RULES  AND REGULATIONS AS THE SECRETARY MAY DEEM
 NECESSARY OR APPROPRIATE FOR THE PURPOSE OF CARRYING OUT THE POWERS  AND
 DUTIES GRANTED TO THE SECRETARY BY THIS ARTICLE.
   (B) THE SECRETARY MAY EXERCISE THE POWERS AND AUTHORITY GRANTED TO THE
 SECRETARY  BY  THIS SUBDIVISION, OR BY ANY OTHER PROVISION OF THIS ARTI-
 CLE, THROUGH THE CONSUMER PROTECTION DIVISION ESTABLISHED BY THE  SECRE-
 TARY  PURSUANT  TO SECTION NINETY-FOUR-A OF THE EXECUTIVE LAW OR THROUGH
 SUCH OTHER DIVISIONS, OFFICERS, OR EMPLOYEES OF THE DEPARTMENT OF  STATE
 AS THE SECRETARY MAY DESIGNATE FROM TIME TO TIME.
   § 17. The energy law is amended by adding a new section 16-107 to read
 as follows:
   §  16-107. SUBPOENAS, INFORMATION AND DOCUMENT PRODUCTION, ENFORCEMENT
 PROCEDURES, REFERRALS.  1. (A) IN ADDITION TO ALL OTHER POWERS  PROVIDED
 BY  THIS  ARTICLE,  THE  SECRETARY OR HIS OR HER DESIGNEE SHALL HAVE THE
 POWER AND AUTHORITY TO SUBPOENA ANY  PERSON  OR  BUSINESS  ENTITY  DOING
 BUSINESS  IN  THIS STATE AND BRING SUCH PERSON OR BUSINESS ENTITY BEFORE
 SUCH OFFICER OR PERSON IN THE DEPARTMENT OF STATE AS MAY  BE  DESIGNATED
 IN SUCH SUBPOENA, AND TO ADMINISTER AN OATH TO AND TAKE TESTIMONY OF ANY
 PERSON OR CAUSE ANY PERSON'S DEPOSITION TO BE TAKEN.
   (B)  IN  ADDITION  TO  ALL  OTHER POWERS PROVIDED BY THIS ARTICLE, THE
 PRESIDENT OR HIS OR HER DESIGNEE SHALL HAVE THE POWER AND  AUTHORITY  TO
 SUBPOENA  ANY PERSON OR BUSINESS ENTITY IN THIS STATE TO COMPEL TESTIMO-
 NY, THE PROTECTION OF DOCUMENTS, OR BOTH, AND BRING SUCH  PERSON  BEFORE
 SUCH  OFFICER  OR  PERSON  IN THE AUTHORITY AS MAY BE DESIGNATED IN SUCH
 SUBPOENA, AND TO ADMINISTER AN OATH TO AND TAKE TESTIMONY OF ANY  PERSON
 OR CAUSE ANY PERSON'S DEPOSITION TO BE TAKEN.
   (C) A SUBPOENA ISSUED UNDER THIS SUBDIVISION SHALL BE REGULATED BY THE
 CIVIL  PRACTICE  LAW AND RULES, AND IS IN ADDITION TO AND NOT IN LIMITA-
 TION OF THE POWER TO MAKE INFORMATION AND DOCUMENT REQUESTS UNDER SUBDI-
 VISION TWO OF THIS SECTION.
   2. ANY PERSON OR BUSINESS ENTITY THAT SELLS OR OFFERS FOR SALE, LEASES
 OR OFFERS FOR LEASE, RENTS OR OFFERS FOR RENT, OR INSTALLS OR OFFERS  TO
 INSTALL,  MANUFACTURES  OR  TESTS IN NEW YORK STATE ANY NEW PRODUCT OF A
 TYPE LISTED IN PARAGRAPHS (A) THROUGH (VV) OF SUBDIVISION ONE OF SECTION
 16-104 OF THIS ARTICLE, OR ANY NEW PRODUCT FOR WHICH  EFFICIENCY  STAND-
 ARDS  SHALL  HAVE  BEEN  ESTABLISHED PURSUANT TO PARAGRAPH (B) OR (C) OF
 SUBDIVISION ONE OF SECTION 16-106 OF THIS ARTICLE, OR ANY  PRODUCT  THAT
 IS  SUBJECT TO FEDERAL EFFICIENCY STANDARDS THAT SHALL HAVE BEEN CONTIN-
 UED IN THIS STATE PURSUANT TO SECTION 16-105 OF THIS ARTICLE,  SHALL  BE
 OBLIGED,  ON THE REQUEST OF THE SECRETARY OR HIS OR HER DESIGNEE, OR THE

 A. 8143                            22
 
 REQUEST OF THE PRESIDENT OR HIS OR HER DESIGNEE, TO SUPPLY THE SECRETARY
 AND/OR THE PRESIDENT WITH SUCH INFORMATION AND DOCUMENTATION AS  MAY  BE
 REQUIRED  CONCERNING  SUCH  PERSON'S OR SUCH BUSINESS ENTITY'S BUSINESS,
 BUSINESS  PRACTICES, OR BUSINESS METHODS, OR PROPOSED BUSINESS PRACTICES
 OR METHODS. THE OBLIGATIONS CONTAINED  IN  THIS  SUBDIVISION  SHALL  NOT
 APPLY  TO  ANY  PERSON OR BUSINESS ENTITY THAT SELLS OR OFFERS FOR SALE,
 LEASES OR OFFERS FOR LEASE, RENTS OR OFFERS FOR  RENT,  OR  INSTALLS  OR
 OFFERS  TO  INSTALL  ONLY  PRODUCTS  DESCRIBED  IN  SUBDIVISION THREE OF
 SECTION 16-104 OF THIS ARTICLE. THE POWER TO MAKE INFORMATION AND  DOCU-
 MENT  REQUESTS  IS  IN ADDITION TO AND NOT IN LIMITATION OF THE POWER TO
 ISSUE SUBPOENAS.
   3. A SUBPOENA MAY BE  ISSUED  PURSUANT  TO  SUBDIVISION  ONE  OF  THIS
 SECTION,  AND  A  REQUEST  FOR INFORMATION AND DOCUMENTATION MAY BE MADE
 PURSUANT TO SUBDIVISION TWO OF THIS SECTION, AT  ANY  TIME  AND  IN  ANY
 SITUATION,  WITHOUT  REGARD TO WHETHER SUCH SUBPOENA OR REQUEST IS OR IS
 NOT ISSUED OR MADE IN CONNECTION WITH AN INVESTIGATION CONDUCTED BY  THE
 PRESIDENT OR AN ENFORCEMENT PROCEEDING CONDUCTED BY THE SECRETARY.
   4. THE SECRETARY SHALL, BEFORE ORDERING THE IMMEDIATE CESSATION OF ANY
 DISTRIBUTION,  SALE  OR OFFER FOR SALE, LEASE OR OFFER TO LEASE, RENT OR
 OFFER TO RENT, IMPORT OR OFFER TO IMPORT, OR INSTALLATION  OR  OFFER  OF
 INSTALLATION  OF  ANY PRODUCT, OR IMPOSING ANY CIVIL PENALTY, INJUNCTIVE
 RELIEF, OR OTHER RELIEF PURSUANT TO THIS  ARTICLE  UPON  ANY  PERSON  OR
 BUSINESS  ENTITY  WHO  IS ALLEGED TO BE IN VIOLATION OF ANY PROVISION OF
 THIS ARTICLE OR OF ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE,  AND
 AT LEAST TEN DAYS PRIOR TO THE DATE SET FOR THE HEARING, NOTIFY IN WRIT-
 ING AND SHALL AFFORD SUCH PERSON OR BUSINESS ENTITY AN OPPORTUNITY TO BE
 HEARD  IN PERSON OR BY COUNSEL IN REFERENCE THERETO. SUCH WRITTEN NOTICE
 MAY BE SERVED BY DELIVERY OF SAME PERSONALLY,  OR  BY  MAILING  SAME  BY
 CERTIFIED  MAIL  TO  THE  LAST  KNOWN BUSINESS ADDRESS OF SUCH PERSON OR
 BUSINESS ENTITY, OR BY ANY METHOD AUTHORIZED BY THE CIVIL  PRACTICE  LAW
 AND  RULES.  THE HEARING ON SUCH CHARGES SHALL BE AT SUCH TIME AND PLACE
 AS THE DEPARTMENT OF STATE SHALL  PRESCRIBE.  A  HEARING  HELD  BY  THIS
 SUBDIVISION SHALL BE HELD PURSUANT TO THE STATE ADMINISTRATIVE PROCEDURE
 ACT, AND ANY APPLICABLE REGULATIONS ADOPTED BY THE SECRETARY.
   5.  A  FINAL  ACTION  OF THE SECRETARY IN IMPOSING A CIVIL PENALTY, OR
 OTHER ORDER, MAY BE SUBJECT TO REVIEW BY A PROCEEDING  INSTITUTED  UNDER
 ARTICLE  SEVENTY-EIGHT  OF  THE  CIVIL  PRACTICE  LAW  AND  RULES AT THE
 INSTANCE OF THE PERSON OR BUSINESS ENTITY AGGRIEVED. FINAL ACTIONS  THAT
 MAY  BE  SUBJECT  TO  JUDICIAL REVIEW UNDER ARTICLE SEVENTY-EIGHT OF THE
 CIVIL PRACTICE LAW AND RULES INCLUDE:
   (A) A DETERMINATION THAT A PERSON OR BUSINESS ENTITY IS  IN  VIOLATION
 OF ANY PROVISION OF THIS ARTICLE OR OF ANY REGULATION ADOPTED UNDER THIS
 ARTICLE;
   (B)  AN  ORDER  DIRECTING THE IMMEDIATE CESSATION OF THE SALE OR OFFER
 FOR SALE, INSTALLATION OR OFFER TO INSTALL, LEASE  OR  OFFER  TO  LEASE,
 RENT  OR  OFFER  TO  RENT,  OR  IMPORT  ANY  PRODUCT IN VIOLATION OF ANY
 PROVISION OF THIS ARTICLE OR OF ANY REGULATION ADOPTED UNDER THIS  ARTI-
 CLE;
   (C) AN ORDER GRANTING OR IMPOSING ANY OTHER TYPE OF INJUNCTIVE RELIEF;
 AND
   (D)  THE  IMPOSITION  OF A CIVIL PENALTY, EXCLUDING ANY CONSENT ORDER,
 ANY DETERMINATION MADE IN A CONSENT ORDER AND ANY CIVIL  PENALTY  AND/OR
 INJUNCTIVE RELIEF IMPOSED BY A CONSENT ORDER.
   6.  IN  ADDITION  TO  ALL  OTHER  POWERS PROVIDED BY THIS ARTICLE, THE
 SECRETARY AND THE PRESIDENT, ARE AUTHORIZED, INDIVIDUALLY OR JOINTLY, TO
 REFER THE RESULTS OF ANY INVESTIGATION CONDUCTED BY THE PRESIDENT PURSU-

 A. 8143                            23
 
 ANT TO THIS ARTICLE TO THE ATTORNEY GENERAL AND TO REQUEST THE  ATTORNEY
 GENERAL TO INSTITUTE, IN THE NAME OF THE SECRETARY AND/OR THE PRESIDENT,
 AN  ACTION  OR PROCEEDING TO ENFORCE THE PROVISIONS OF THIS ARTICLE. THE
 ATTORNEY GENERAL SHALL, AT THE REQUEST OF THE SECRETARY OR PRESIDENT, OR
 MAY,  ON HIS OR HER OWN INITIATIVE, INSTITUTE PROCEEDINGS TO ENFORCE THE
 PROVISIONS OF THIS ARTICLE INCLUDING THE IMPOSITION OF  CIVIL  PENALTIES
 OR INJUNCTIVE RELIEF.  NOTHING IN THIS SUBDIVISION SHALL LIMIT OR IMPAIR
 THE  POWER  AND  AUTHORITY  OF  THE  SECRETARY  TO  CONDUCT  ENFORCEMENT
 PROCEEDINGS, TO ISSUE ORDERS PURSUANT TO PARAGRAPH  (B)  OF  SUBDIVISION
 FIVE OF SECTION 16-106 OF THIS ARTICLE, AND TO IMPOSE PENALTIES PURSUANT
 TO SECTION 16-108 OF THIS ARTICLE.
   § 18. Section 16-108 of the energy law, as added by chapter 431 of the
 laws of 2005, is amended to read as follows:
   §  16-108. Violations, civil liability.  1. Any person who OR BUSINESS
 ENTITY THAT issues:
   (A) a certification that a product listed in  PARAGRAPHS  (A)  THROUGH
 (VV)  OF subdivision one of section 16-104 of this article complies with
 the [energy] efficiency standards FOR SUCH  PRODUCT  established  by  OR
 PURSUANT TO this article[,];
   (B)  A  CERTIFICATION  THAT  A  PRODUCT  NOT  LISTED IN PARAGRAPHS (A)
 THROUGH (VV) OF SUBDIVISION  ONE  OF  SECTION  16-104  OF  THIS  ARTICLE
 COMPLIES WITH EFFICIENCY STANDARDS FOR SUCH PRODUCT ESTABLISHED PURSUANT
 TO  PARAGRAPH  (B)  OR  (C) OF SUBDIVISION ONE OF SECTION 16-104 OF THIS
 ARTICLE; OR
   (C) A CERTIFICATION THAT A PRODUCT THAT IS SUBJECT  TO  FEDERAL  EFFI-
 CIENCY  STANDARDS  THAT SHALL HAVE BEEN CONTINUED IN THIS STATE PURSUANT
 TO SECTION 16-105 OF THIS ARTICLE COMPLIES WITH SUCH  EFFICIENCY  STAND-
 ARDS,  knowing that such product does not comply with [those] SUCH EFFI-
 CIENCY standards, shall be liable for a civil penalty of not  more  than
 ten  thousand  dollars for each such product certified and an additional
 penalty of not more than ten thousand dollars for each day during  which
 such violation continues.
   2.  Any  person who OR BUSINESS ENTITY THAT violates the provisions of
 subdivision two of section 16-104 of this article,  or  [who]  fails  to
 perform  any duty imposed by this article, or [who] violates or fails to
 comply with any rule, regulation, determination, or order [of]  ADOPTED,
 MADE, OR ISSUED BY THE PRESIDENT OR the secretary [of state promulgated]
 pursuant  to  this  article,  shall be liable for a civil penalty of not
 more than five hundred dollars for each such violation and an additional
 civil penalty of not more than one hundred dollars for each  day  during
 which such violation continues, and, in addition thereto, such person OR
 BUSINESS ENTITY may be enjoined from continuing such violation.
   3.  [The secretary may cause an investigation to be made of complaints
 received concerning violations of this article and may refer the results
 of such investigations to the attorney  general.  The  attorney  general
 shall,  at  the request of the secretary, or may, on his own initiative,
 institute proceedings to enforce the provisions of this article.
   4.] An action or cause of action for the recovery of a  penalty  under
 this  section  may be settled or compromised in an amount to be approved
 by the secretary either before  or  after  proceedings  are  brought  to
 recover such penalties and prior to the entry for judgment therefor.
   § 19. The energy law is amended by adding a new section 16-109 to read
 as follows:
   §  16-109.  CONFLICTS  WITH OTHER LAWS.  NOTHING IN THIS ARTICLE OR IN
 ANY REGULATION ADOPTED PURSUANT TO THIS ARTICLE SHALL LIMIT, IMPAIR,  OR
 SUPERSEDE  THE  PROVISIONS  OF  SUBDIVISION ONE OF SECTION THREE HUNDRED

 A. 8143                            24
 
 EIGHTY-THREE OF THE EXECUTIVE LAW OR THE PROVISIONS OF SUBDIVISION THREE
 OF SECTION 11-103 OF THIS CHAPTER.
   §  20.  Subparagraphs  14  and 15 of paragraph (a) of subdivision 3 of
 section 94-a of the executive law, as added by section 21 of part  A  of
 chapter 62 of the laws of 2011, are amended and a new subparagraph 16 is
 added to read as follows:
   (14)  cooperate  with  and assist consumers in class actions in proper
 cases; [and]
   (15) create an internet website or webpage pursuant to  section  three
 hundred  ninety-c  of  the  general business law[.], AS ADDED BY CHAPTER
 FIVE HUNDRED NINE OF THE LAWS OF TWO THOUSAND SEVEN; AND
   (16) EXERCISE SUCH POWERS AND DUTIES GRANTED TO THE SECRETARY BY ARTI-
 CLE SIXTEEN OF THE ENERGY LAW AS THE SECRETARY  MAY  DIRECT,  INCLUDING,
 BUT  NOT  LIMITED  TO: CONSULT WITH SUCH PRESIDENT OF THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY IN  CONNECTION  WITH  INVESTI-
 GATIONS  CONDUCTED  BY SUCH PRESIDENT PURSUANT TO ARTICLE SIXTEEN OF THE
 ENERGY LAW; MAKE DETERMINATIONS RELATING TO COMPLIANCE BY PRODUCTS  WITH
 THE  STANDARDS  ADOPTED  PURSUANT  TO ARTICLE SIXTEEN OF THE ENERGY LAW;
 ORDER THE IMMEDIATE CESSATION OF ANY DISTRIBUTION,  SALE  OR  OFFER  FOR
 SALE,  IMPORT,  OR  INSTALLATION  OF ANY PRODUCT THAT DOES NOT MEET SUCH
 STANDARDS; AND IMPOSE CIVIL PENALTIES AS CONTEMPLATED BY ARTICLE SIXTEEN
 OF THE ENERGY LAW.
   § 21. The opening paragraph and paragraphs a and c  of  subdivision  1
 and subdivision 3 of section 374 of the executive law, the opening para-
 graph  of  subdivision  1 as amended by chapter 309 of the laws of 1996,
 paragraph a of subdivision 1 as amended by section 96 of  subpart  B  of
 part  C  of  chapter  62  of  the laws of 2011 and as further amended by
 section 104 of part A of chapter 62 of the laws of 2011, paragraph c  of
 subdivision  1 as amended by chapter 920 of the laws of 1985, and subdi-
 vision 3 as added by chapter 707 of the laws of  1981,  are  amended  to
 read as follows:
   There  is  hereby created and established in the department of state a
 council, to be known as the state  fire  prevention  and  building  code
 council. Such council shall consist of the secretary of state, as chair-
 man,  the  state fire administrator, THE PRESIDENT OF THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, and [fifteen]  SIXTEEN  other
 members to be appointed as follows:
   a.  [Two]  THREE  members, to be appointed by the governor, from among
 the  commissioners  of  [the  departments   of   economic   development,
 corrections  and community supervision, education, health, labor, mental
 health and social services, office  of  general  services,  division  of
 housing  and  community  renewal,] ECONOMIC DEVELOPMENT; CORRECTIONS AND
 COMMUNITY SUPERVISION; EDUCATION; HEALTH; LABOR; MENTAL HEALTH;  GENERAL
 SERVICES;  HOUSING  AND  COMMUNITY  RENEWAL; ENVIRONMENTAL CONSERVATION;
 PARKS, RECREATION AND HISTORIC PRESERVATION; AND TEMPORARY AND DISABILI-
 TY ASSISTANCE; and the superintendent of financial services.
   c. Seven members, to be appointed by the governor with the advice  and
 consent of the senate, one of whom shall be a fire service official, one
 of  whom shall be a registered architect, one of whom shall be a profes-
 sional engineer, one of whom shall be a code enforcement  official,  one
 of  whom  shall  represent  builders,  one of whom shall represent trade
 unions, and one of whom shall be a person with a disability  as  defined
 in  section  two  hundred  ninety-two of this chapter who would directly
 benefit from the provisions of [article thirteen of] the  state  uniform
 fire  prevention and building code RELATING TO ACCESSIBILITY. The regis-
 tered architect and professional engineer  shall  be  duly  licensed  to

 A. 8143                            25
 
 practice  their  respective  professions in the state of New York. After
 the certification of code enforcement personnel pursuant to this chapter
 shall have begun said code enforcement official shall be so certified.
   3.  (A)  The  council shall meet at least quarterly at the call of the
 chairman. Additional meetings may be called upon at  least  five  [days]
 DAYS' notice by the chairman or by petition of five members of the coun-
 cil.
   (B) NOTWITHSTANDING THE PROVISIONS OF ANY OTHER LAW TO THE CONTRARY, A
 MAJORITY, BUT NO FEWER THAN SEVEN, OF THE MEMBERS OF THE COUNCIL THEN IN
 OFFICE,  GATHERED  TOGETHER IN THE PRESENCE OF EACH OTHER OR THROUGH THE
 USE OF VIDEOCONFERENCING, AT A MEETING DULY HELD AT A TIME FIXED BY  LAW
 OR  BY  ANY  BY-LAW  DULY ADOPTED BY THE COUNCIL, OR AT ANY MEETING DULY
 HELD UPON REASONABLE NOTICE TO  ALL  MEMBERS  OF  THE  COUNCIL  THEN  IN
 OFFICE,  OR AT ANY DULY ADJOURNED MEETING OF SUCH MEETING, SHALL CONSTI-
 TUTE A QUORUM, AND A MAJORITY, BUT NO FEWER THAN SEVEN, OF  THE  MEMBERS
 OF  THE  COUNCIL  THEN  IN  OFFICE  MAY  PERFORM AND EXERCISE ANY POWER,
 AUTHORITY, OR DUTY OF THE COUNCIL AT ANY SUCH MEETING OR ADJOURNED MEET-
 ING.
   § 22. Subdivision 2 of section 97-www of the  state  finance  law,  as
 amended  by  section  53 of part A of chapter 62 of the laws of 2011, is
 amended to read as follows:
   2. Such account shall consist of all penalties received by the depart-
 ment of state pursuant to section three  hundred  ninety-nine-z  of  the
 general  business  law,  SECTION  16-106 OF THE ENERGY LAW and any addi-
 tional monies appropriated, credited or transferred to such  account  by
 the Legislature. Any interest earned by the investment of monies in such
 account shall be added to such account, become part of such account, and
 be used for the purposes of such account.
   §  23. This act shall take effect immediately; provided, however, that
 sections six through twenty and section twenty-two  of  this  act  shall
 take  effect on the one hundred eightieth day after it shall have become
 a law; provided, however,  that  the  amendments  to  subdivision  4  of
 section  16-106  of  the  energy law made by section sixteen of this act
 shall not affect the repeal of such  subdivision  and  shall  be  deemed
 repealed  therewith.  Effective  immediately,  the  addition, amendment,
 and/or repeal of any rule or regulation necessary for the timely  imple-
 mentation of this act on or before its effective date are hereby author-
 ized to be made and completed on or before such effective date.