Section 16-106. Administration of article

1. The secretary, in consultation
  with the president, shall have and be entitled to exercise the following
  powers and duties:
    (a)  To  establish  energy  efficiency  performance  standards for the
  products listed in subdivision one of section 16-104  of  this  article,
  including but not limited to, establishing energy efficiency performance
  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 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
  thereto;
    (d) To  order,  pursuant  to  section  16-104  of  this  article,  the
  immediate  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;
    (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 of this
  article;
    (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.
    2. (a) On or before June thirtieth, two thousand six,  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
  in  paragraphs  (a)  through (n) of subdivision one of section 16-104 of
  this article, with the exception of  such  paragraph  (g)  (incandescent
  reflector  lamps);  (ii) procedures for testing the energy efficiency of
  the products covered by paragraphs (a) through (n) of subdivision one of
  section 16-104 of this article; (iii) procedures  for  manufacturers  to
  certify  that  products  covered  under  this  article  meet  the energy
  efficiency standards to be 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
  incandescent  reflector  lamps, included in paragraph (g) of subdivision
  one of section 16-104 of this article, the  secretary,  in  consultation
  with the president, shall conduct a study to determine whether an energy
  efficiency  performance standard for such product 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 based on this study that such  a  standard

  would  reduce  energy use and would not be preempted by the federal law,
  the  secretary,  in  consultation  with  the  president,   shall   adopt
  regulations   in   accordance   with  the  provisions  of  this  article
  establishing  energy performance standards for such product on or before
  January first, two thousand eight.
    (b) With respect to the  products  defined  in  subdivision  seven  of
  section  16-102  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 refrigerator -
  freezers), subdivision twenty-three of section 16-102  of  this  article
  (metal  halide lamp fixtures) and subdivision three of section 16-102 of
  this article (automatic commercial ice-cube makers), the secretary shall
  issue  regulations  pursuant  to  paragraph  a   of   this   subdivision
  establishing  energy  efficiency performance standards for such products
  at the following levels and with the following compliance dates:
    (i)  very  large  commercial  package  air  conditioning  and  heating
  equipment.  Each  very  large  commercial  package  air conditioning and
  heating equipment sold, offered for sale or installed in New York  state
  on or after January first, two thousand ten shall, when tested according
  to  the  test  standard  specified in Air-Conditioning and Refrigeration
  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
  (cooling 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  refrigerators  and  freezers.  (A)  Each  commercial
  refrigerator,  freezer,  and  refrigerator-freezer with a self-contained
  condensing unit designed  for  holding  temperature  applications  sold,
  offered  for  sale  or  installed  in New York state on or after January
  first, two thousand ten  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
    (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 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 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 and that operates 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 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,  when  tested  according  to  the  test
  standard  specified  in  air-conditioning  and  refrigeration  institute
  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
  equipment 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
    3. Subsequent to adopting regulations pursuant to subdivisions one and
  two of this section, the secretary, in consultation with the  president,
  may  amend  such regulations, including increasing the stringency of the
  energy efficiency performance 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.