N.Y. Comp. Codes R. & Regs. tit. 21, § 506.5 – Waivers.

(a) A State agency may waive a minimum energy efficiency standard set forth in section 506.4 of this Part for any purchase or for inclusion in any building designs or specifications, if it determines that the purchase for a particular building or the inclusion in any particular building designs or specifications of an energy using product meeting such standard:
1. (1) would be inconsistent with public health or safety;
2. (2) would not be in compliance with Federal, State, or local law or regulation, permit, administrative or judicial order, or other requirement;
3. (3) would be incompatible with or adversely affect the operation of other building systems or equipment in accordance with the purposes for which they are to be used;
4. (4) would cause energy losses or inefficiencies in other systems, equipment, or elements of the building that would exceed the energy savings of using such energy using product;
5. (5) would necessitate substantial revisions or alterations to other existing systems, equipment, or elements of the building, or would create an undue burden in operating and maintaining the building;
6. (6) cannot be done in a timely manner because purchase of such energy using product is immediately necessary on a limited and temporary basis for the protection or preservation of life, property, or health;
7. (7) would apply to an historic building eligible for or listed on the State or National Register of Historic Places or be significantly inconsistent with the historic, aesthetic, cultural, or archeological character of the building; or
8. (8) would result in a substantial delay of the purchase of an energy using product or have a substantial adverse effect on the construction of a new building or substantial renovation of an existing building because:
  1. (i) the energy using product is not widely available; or
  2. (ii) the building specifications have been approved, construction or pre-installation renovation or other work has commenced, or substantial design has been completed prior to the effective date of a standard.
(b) No State agency may waive a minimum energy efficiency standard set forth in section 506.4 of this Part, unless all models of the energy using product meeting the standard qualify for a waiver pursuant to subdivision (a) of this section. If a minimum energy efficiency standard may be waived, a State agency may purchase an energy using product which does not meet the minimum energy efficiency standard contained in section 506.4 of this Part.
(c) No State agency may waive a minimum energy efficiency standard set forth in section 506.4 of this Part, if the alternate energy using product would also qualify for the same waiver for the same reason, e.g., if all models of a room air conditioner, both those meeting the minimum energy efficiency standard and those that do not meet the standard, are larger in size than the units being replaced, then a State agency may not waive the minimum energy efficiency standard on the basis that the standard would necessitate substantial revisions or alterations to the walls of the building.
(d) A State agency shall document the procedure used for each purchase of an energy using product which does not meet the applicable minimum energy efficiency standard set forth in section 506.4 of this Part. Such documentation may be incorporated within any other existing records that a State agency maintains, such as the procurement record as required by section 163 of the State Finance Law.