1. The secretary, in consultation with the president, shall have and be entitled to exercise the following powers and duties:

1. (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.
2. (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;
3. (c) To administer and enforce the provisions of this article and any rule or regulation promulgated thereunder or order issued pursuant thereto;
4. (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;
5. (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;
6. (f) To accept grants or funds for purposes of administration of this article;
7. (g) To impose a fine and/or impose injunctive relief for any violation of this article after notice and an opportunity to be heard;
8. (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.

1. (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.

2. (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:

   1. (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:

      1. (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

         1. (I) 10.0 for equipment with no heating or electric resistance heating and;
         2. (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).

      2. (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

         1. (I) 9.5 for equipment with no heating or electric resistance heating; and
         2. (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).
      3. (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);

   2. (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:

      1. (I) refrigerators with solid doors 0.10 V + 2.04
      2. (II) refrigerators with transparent doors 0.12 V + 3.34
      3. (III) freezers with solid doors 0.40 V + 1.38
      4. (IV) freezers with transparent doors 0.75 V + 4.10
      5. (V) refrigerators/freezers with solid doors the greater of: 0.27AV-0.71 or 0.70
      6. (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.
   3. (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.

   4. (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:

      1. (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.

      2. (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:

         1. (I) < 500 shall be 7.8-0.0055H;
         2. (II) 500 and < 1,436 shall be 5.58-0.0044H
         3. (III) 1,436 and < 2,500 shall be 4.0

      3. (C) For ice making head air-cooled equipment the maximum energy use with a harvest rate of:

         1. (I) < 450 shall be 10.26-0.0086H;
         2. (II) 450 and < 2,500 shall be 6.89-0.0011H

      4. (D) For remote condensing but not remote compressor air-cooled equipment the maximum energy use with a harvest rate of:

         1. (I) < 1,000 shall be 8.85 - 0.0038H;
         2. (II) 1,000 and < 2,500 shall be 5.10

      5. (E) For remote condensing and remote compressor air-cooled equipment the maximum energy use with a harvest rate of:

         1. (I) < 934 lbs shall be 8.85 - 0.0038H;
         2. (II) 934 and < 2,500 shall be 5.3

      6. (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:

         1. (I) < 200 shall be 11.4 - 0.019H;
         2. (II) 200 and < 2,500 shall be 7.6

      7. (G) For self-contained air-cooled equipment the maximum energy use with a harvest rate of:

         1. (I) < 175 shall be 18.0 - 0.0469H
         2. (II) 175 and < 2,500 shall be 9.8
3. (c) On or before December thirty-first, two thousand ten, 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 (o) through (s) of subdivision one of section 16-104 of this article; (ii) procedures for testing the energy efficiency of the products covered by paragraphs (o) through (s) of subdivision one of section 16-104 of this article; (iii) procedures for manufacturers to certify that products covered by paragraphs (o) through (s) of subdivision one of section 16-104 of this article meet the energy efficiency standards 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 the products covered by paragraphs (o) through (s) of subdivision one of section 16-104 of this article.