§ 16-106. Powers and duties of the president and the secretary. 1. The
president in consultation with the secretary shall have and be entitled
to exercise the following powers and duties:

(a) To adopt regulations establishing efficiency standards for the
products listed in paragraphs (a) through (xx) of subdivision one of
section 16-104 of this article, including but not limited to,
establishing efficiency 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-passive-mode;

(b) To adopt regulations establishing efficiency standards for
products not specifically listed in paragraphs (a) through (xx) 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
regulated product categories in this state. To the maximum extent
feasible the president shall coordinate any such adoption with similar
efforts by other states. Any regulation adopted pursuant to this
paragraph may include provisions establishing procedures for testing the
efficiency 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 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 (xx) of
subdivision one of section 16-104 of this article, and to adopt
regulations establishing efficiency standards similar to those adopted
by any other state for such products, 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 regulated
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
establishing 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;

(d) To adopt regulations to achieve the purposes of this article. Such
regulations shall ensure that compliance therewith will not result in a
net increase in co-pollutant emissions or otherwise disproportionately
burden disadvantaged communities as identified by the climate justice
working group established under section 75-0111 of the environmental
conservation law. In order to increase public participation and improve
the efficacy of any efficiency standards adopted pursuant to subdivision
(b) or (c) of this section, the president shall, before publication of a
notice of proposed rule making, conduct public meetings to provide
meaningful opportunities for public comment from all segments of the
population that would be impacted by the standards or regulations,
including persons living in disadvantaged communities as identified by
the climate justice working group established under section 75-0111 of
the environmental conservation law;

(e) To conduct investigations, test, and obtain data with respect to
research experiments and demonstrations, and to collect and disseminate
information regarding the purposes to be achieved pursuant to this
article;

(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. 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,
investigations, 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 thirty-first. In addition
to submitting such report as provided in section one thousand eight
hundred sixty-seven of the public authorities law, the authority shall
provide such report to the secretary no later than ninety days after
commencement of such fiscal year;

(g) To consult with the appropriate federal agencies, including, but
not limited to, the federal department of energy 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 that violates the provisions of subdivision 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 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 person, the president, and the
secretary; to consult with the secretary in connection with
determinations made by the secretary 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
efficiency 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 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 January first, two thousand twenty-three, the
president, in consultation with the secretary, shall adopt regulations
in accordance with the provisions of this article establishing:

(i) efficiency standards for new products of the types referred to in
paragraphs (a) through (f), paragraphs (h) through (y), paragraphs (aa)
through (jj) and paragraphs (mm) through (xx) of subdivision one of
section 16-104 of this article;

(ii) procedures for testing the efficiency of the new products of the
types referred to in paragraphs (a) through (f) and paragraphs (h)
through (xx) of subdivision one of section 16-104 of this article;

(iii) procedures for manufacturers to certify that new products of the
types referred to in paragraphs (a) through (f) and paragraphs (h)
through (xx) of subdivision one of section 16-104 of this article meet
the efficiency standards to be 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
implementation and enforcement of the provisions of this article.

(b) With respect to the types of products referred to in paragraph
(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 president shall conduct a study by December
thirty-first, two thousand twenty-three to determine whether an
efficiency standard for such products should be established, taking into
account factors including the potential impact on electricity usage,
product availability and consumer and environmental benefits. If 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
president shall adopt regulations in accordance with the provisions of
this article establishing efficiency standards for such products.

3. Subsequent to adopting regulations pursuant to subdivisions one and
two of this section, the president, in consultation with the secretary,
may amend such regulations, including increasing the stringency of the
efficiency standards.

** 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
assembly committee on energy and the chair of the senate committee on
energy and telecommunications on the status of regulations establishing
efficiency 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 efficiency standards. The
report shall also set forth the estimated potential annual reductions in
energy use and potential utility bill savings resulting from adopted
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 thousand thirty-five. Such report shall be
updated in the same manner by March fifteenth, two thousand twenty-six
and two thousand thirty and copies of such updates shall be posted by
March fifteenth, two thousand twenty-seven and March fifteenth, two
thousand thirty on the websites of the authority and the department of
state.

** NB Repealed December 31, 2030

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
article 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 cooperation in connection with enforcement proceedings
conducted by the secretary 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 (xx) of subdivision one of
section 16-104 of this article, or of any product for which efficiency
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
consultation 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
article, through the consumer protection division established by the
secretary 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.