§ 16-105. Adoption of certain federal efficiency standards. 1. The
federal efficiency standard established in 10CFR Parts 430 and 431, as
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.
The president shall adopt by regulation all such federal efficiency
standards and provided that, if any such federal efficiency standard is
withdrawn, repealed, voided, or otherwise ceases to remain in effect as
a federal efficiency standard:

(a) such efficiency standard shall be continued in this state;

(b) until and unless amended or repealed pursuant to this article, the
president shall be authorized to adopt regulations establishing
procedures for testing the energy reduction, water conservation,
greenhouse gas reduction, and/or increased demand flexibility associated
with such product;

(c) the president shall be authorized to adopt regulations
establishing 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;

(d) the president shall be authorized to adopt regulations amending
such efficiency standard from time to time, including regulations that
repeal such efficiency standard, or increase the stringency of such
efficiency standard; and

(e) if federal preemption has been waived for any particular federal
efficiency standard or standards, the president may adopt such standard
or may adopt a different standard.

2. 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).