New York ENG Code § 16-106

Powers and duties of the president and the secretary
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§ 16-106. Powers and duties of the president and the secretary. 1. The\npresident in consultation with the secretary shall have and be entitled\nto exercise the following powers and duties:\n  (a) To adopt regulations establishing efficiency standards for the\nproducts listed in paragraphs (a) through (xx) of subdivision one of\nsection 16-104 of this article, including but not limited to,\nestablishing efficiency standards for power supplies in the active mode\nand no-load mode or other such products while in the active mode and in\nthe standby-passive-mode;\n  (b) To adopt regulations establishing efficiency standards for\nproducts not specifically listed in paragraphs (a) through (xx) of\nsubdivision one of section 16-104 of this article, provided that the\npresident determines that establishing such efficiency standards would\nserve to promote energy reduction, water conservation, greenhouse gas\nreduction, and/or increased demand flexibility associated with the\nregulated product categories in this state. To the maximum extent\nfeasible the president shall coordinate any such adoption with similar\nefforts by other states. Any regulation adopted pursuant to this\nparagraph may include provisions establishing procedures for testing the\nefficiency of the covered products and provisions establishing\nprocedures for manufacturers of such product to certify that such\nproducts meet the efficiency standards, if the president determines that\nsuch manufacturer's certifications should be required;\n  (c) To review efficiency standards as adopted from time to time by\nother states for products not listed in paragraphs (a) through (xx) of\nsubdivision one of section 16-104 of this article, and to adopt\nregulations establishing efficiency standards similar to those adopted\nby any other state for such products, provided that the president\ndetermines that establishing such efficiency standards would serve to\npromote energy reduction, water conservation, greenhouse gas reduction,\nand/or increased demand flexibility associated with the regulated\nproduct categories in this state. Any regulation adopted pursuant to\nthis paragraph may include provisions establishing procedures for\ntesting the efficiency of the covered products and provisions\nestablishing procedures for manufacturers of such product to certify\nthat such products meet the efficiency standards, if the president\ndetermines that such manufacturer's certifications should be required;\n  (d) To adopt regulations to achieve the purposes of this article. Such\nregulations shall ensure that compliance therewith will not result in a\nnet increase in co-pollutant emissions or otherwise disproportionately\nburden disadvantaged communities as identified by the climate justice\nworking group established under section 75-0111 of the environmental\nconservation law. In order to increase public participation and improve\nthe efficacy of any efficiency standards adopted pursuant to subdivision\n(b) or (c) of this section, the president shall, before publication of a\nnotice of proposed rule making, conduct public meetings to provide\nmeaningful opportunities for public comment from all segments of the\npopulation that would be impacted by the standards or regulations,\nincluding persons living in disadvantaged communities as identified by\nthe climate justice working group established under section 75-0111 of\nthe environmental conservation law;\n  (e) To conduct investigations, test, and obtain data with respect to\nresearch experiments and demonstrations, and to collect and disseminate\ninformation regarding the purposes to be achieved pursuant to this\narticle;\n  (f) To accept grants or funds for purposes of administration and\nenforcement of this article. Notwithstanding any other provision of law\nto the contrary, the president is hereby authorized to accept grants or\nfunds, including funds directed through negotiated settlements or\nconsent orders pursuant to this article

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