§ 16-105. Adoption of certain federal efficiency standards. 1. The\nfederal efficiency standard established in 10CFR Parts 430 and 431, as\nin effect on January first, two thousand eighteen shall be applicable to\nproducts which are subject to such federal efficiency standards and\nwhich are sold, offered for sale, or installed in New York state. So\nlong as such federal efficiency standards remain in effect as federal\nefficiency standards, they shall be enforced as provided by federal law.\nThe president shall adopt by regulation all such federal efficiency\nstandards and provided that, if any such federal efficiency standard is\nwithdrawn, repealed, voided, or otherwise ceases to remain in effect as\na federal efficiency standard:\n (a) such efficiency standard shall be continued in this state;\n (b) until and unless amended or repealed pursuant to this article, the\npresident shall be authorized to adopt regulations establishing\nprocedures for testing the energy reduction, water conservation,\ngreenhouse gas reduction, and/or increased demand flexibility associated\nwith such product;\n (c) the president shall be authorized to adopt regulations\nestablishing procedures for manufacturers of such product to certify\nthat such product meets such efficiency standard, if the president\ndetermines that such manufacturer's certifications should be required;\n (d) the president shall be authorized to adopt regulations amending\nsuch efficiency standard from time to time, including regulations that\nrepeal such efficiency standard, or increase the stringency of such\nefficiency standard; and\n (e) if federal preemption has been waived for any particular federal\nefficiency standard or standards, the president may adopt such standard\nor may adopt a different standard.\n 2. This section shall not apply to any federal efficiency standard set\naside by a court upon the petition of a person who will be adversely\naffected, as provided in 42 U.S.C. § 6306(b).\n
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