What's happening
This bill establishes a New York State Energy Office, transfers key functions from NYSERDA to this new office, and sets updated energy efficiency standards for appliances.
Why it matters
Centralizes State Energy Policy and Oversight. By creating a new State Energy Office and transferring major functions from NYSERDA, the bill consolidates authority, potentially increasing governmental accountability and coordination on energy matters, including oversight of energy supply, conservation, and emergency response.
Broadens and Updates Appliance Efficiency Standards. The bill sets specific, enforceable energy efficiency standards for a range of common appliances (e.g., hot water heaters, refrigerators, dishwashers, air conditioners, fluorescent lamp ballasts), which could directly lower energy consumption, utility bills, and greenhouse gas emissions for businesses and consumers.
Enhances Transparency and Public Engagement. New requirements for public reporting, labeling, and public information campaigns mean consumers and policymakers will have better access to information on energy use, efficiency, and cost-savings, empowering smarter consumer choices and more informed policy decisions.
Mandates Regular Review and Sunset Provision. The law requires periodic audits and a commission to review whether the State Energy Office should continue, be reformed, or be dissolved, providing a mechanism for ongoing accountability and adaptive governance as energy priorities evolve.
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Who cares
New York State Energy Research and Development Authority
The bill would transfer certain functions, records and funding to a reestablished state energy office and make its commissioner the authority’s chair.
Energy producers, suppliers and utilities
The office would have authority to require reports, inspect energy-related facilities and records, and issue subpoenas.
Appliance manufacturers, retailers and installers
The bill would establish efficiency, labeling and sales requirements for specified appliances and lighting equipment, with penalties for violations.
Attorney general and local consumer affairs agencies
The bill would authorize them to investigate and enforce its energy-efficient device requirements.
Headline styles
Restore State Energy Office
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
1 Multi-sponsor
History
- Referred to energy
- Referred to energy
Full text
17 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6068
2019-2020 Regular Sessions
IN ASSEMBLY
February 26, 2019
Introduced by M. of A. ENGLEBRIGHT, GALEF, COLTON -- Multi-Sponsored by -- M. of A. COOK -- read once and referred to the Committee on Energy
AN ACT to amend the energy law, the executive law, the environmental conservation law, the general business law, the private housing finance law and the public authorities law, in relation to establishing the state energy office and transferring certain functions, powers and duties of the New York state energy research and development authority to such office; and to repeal certain provisions of the energy law and the public authorities law relating to the New York state energy research and development authority
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 2 and 4 of section 1-103 of the energy law, as amended by chapter 83 of the laws of 1995, are amended to read as follows:
2. "Office" [as used in sections 5-108, 5-111, 5-113, and 5-117 of article five and articles six, seven, eight and ten of this chapter] shall mean the [New York state energy research and development authority established pursuant to article eight of the public authorities law] state energy office established pursuant to article five of this chapter.
4. "Commissioner" [as used in sections 5-108, 5-111, 5-113, and 5-117 of article five and articles six, seven, eight and ten of this chapter] shall mean the [president of the New York state energy research and development authority] commissioner of the state energy office appointed by the governor pursuant to article five of this chapter.
§ 2. The energy law is amended by adding seven new sections 5-101, 5-103, 5-105, 5-107, 5-109, 5-115 and 5-123 to read as follows:
§ 5-101. State energy office; creation. 1. There is hereby established in the executive department a state energy office, with the powers, duties and purposes set forth in this article.
2. The governor shall appoint a commissioner by and with the consent of the senate, who shall be the chief executive officer of the office, and who shall hold office at the pleasure of the governor. The commis-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09877-01-9
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sioner shall receive a salary to be fixed by the governor within the amount appropriated therefor. He or she shall also receive his or her reasonable expenses in connection with the performance of his or her duties, within the amount available therefor by appropriation.
3. The commissioner may appoint such other officers, employees, agents and consultants as may be deemed necessary, prescribe their duties and fix their compensation within the amounts made available therefor by appropriation.
4. The principal office of the state energy office shall be in the county of Albany.
5. Consistent with the provisions of this chapter, the office shall have jurisdiction over all persons, and the officers, directors and employees thereof, engaged in the exploration, manufacture, processing, sale, distribution, transportation, refining, generation and supply of energy and energy resources in this state.
§ 5-103. Organization of office. The commissioner may, from time to time, create, abolish, transfer and consolidate divisions, bureaus, boards, commissions and other units within the office as he or she may determine necessary for the efficient operation of the office, subject to the approval of the director of the budget.
§ 5-105. General functions and powers. The office, acting through the commissioner, shall have the following functions and powers to carry out the purposes of this chapter:
1. To advise and assist the governor and the legislature in the development and implementation of state policies relating to energy and energy resources.
2. To promulgate, issue, amend, rescind, revoke or waive orders, and, after public hearings, promulgate rules and regulations to effectuate the purposes and provisions of this chapter.
3. To classify persons and matters within the jurisdiction of the office and prescribe different requirements for different classes of persons or matters.
4. To require persons subject to the jurisdiction of the office to maintain or file general, special and annual reports, contracts, statements, including but not limited to statements of ownership, accounting, auditing and operations, engineering reports, and other data as the commissioner deems appropriate; provided, however, wherever practicable, forms required to be submitted to federal or state agencies shall be sufficient to meet the requirements of this subdivision.
5. To designate employees who shall be empowered to administer oaths in all parts of the state to persons summoned to testify in any inquiry, investigation, hearing or proceeding.
6. To designate employees of the office who shall be empowered to enter in or upon and to inspect the property, equipment, buildings, plants, factories and offices, in relation to energy or energy resources of any person subject to the jurisdiction of the office.
7. To designate employees who shall be empowered to examine all books, contracts, records, documents and papers, in relation to energy or energy resources of any person subject to the jurisdiction of the office.
8. To designate employees who shall be empowered to issue subpoenas to compel the attendance of witnesses and subpoenas duces tecum to compel from any person the production of books, contracts, records, documents or papers relating to energy or energy resources.
9. To require and receive from any agency of the state or any political subdivision thereof assistance and data.
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10. To enter into cooperative arrangements with agencies of the state or political subdivisions thereof, each of which shall be authorized to enter into such cooperative arrangements.
11. To act alone, or in conjunction with another state agency, as agent for, or enter into contracts and otherwise cooperate with the federal government, and to receive grants or advances of funds from the federal government for projects within the jurisdiction of the office.
12. To assist the attorney general and the commissioner of taxation and finance in protecting consumers from abuses in the distribution, sale, handling or transport of energy, energy resources and energy related devices, installations, and technologies, including the charging of any illegal price or the violation of any state or federal law or regulation.
13. To enter into contracts with any person for the conduct of research or the rendering of other services, including the hiring of experts and consultants.
14. To apply for and accept grants and contributions.
15. To hold public hearings when deemed appropriate.
16. To conduct economic, sociological and other studies relating to all aspects of energy and energy resources use, supply, demand and distribution.
17. To cooperate with and supplement the work of the New York state energy research and development authority, and undertake studies in energy and energy related areas.
18. To appoint advisory committees, boards and task forces whose members shall receive no compensation as members but shall be allowed necessary and actual expenses incurred in performing duties under this chapter.
19. To implement a program of public information to inform the public and private sectors of the state as to the merits of rerefined oil, and the need for its use in order to reduce the drain on the nation's oil reserves and minimize the disposal of used oil in ways harmful to the environment and to promote petroleum resource conservation, recovery and reuse by industry and the general public of the state.
20. To exercise all other powers and functions necessary or appropriate to carry out the duties and purposes set forth in this chapter.
§ 5-107. Specific functions, powers and duties. 1. The office shall:
a. Act as a central repository and clearinghouse for information on all energy and energy resource related matters within the jurisdiction of the office.
b. Conduct public educational programs promoting conservation of energy and energy resources within the state.
c. No later than February fifteenth of each year make an annual report to the governor and legislature concerning its work during the preceding year, and its program for the coming year, and make such further interim reports or recommendations as it shall deem advisable or as shall be required by the governor.
d. Prepare an integrated plan specifying actions to be taken in the event of the declaration by the governor of an energy or fuel supply emergency pursuant to section 5-117 of this article.
e. Cooperate with the public service commission, the New York energy research and development authority, the power authority of the state of New York, the office of temporary and disability assistance and all other appropriate state agencies in effectuating the purposes of this chapter.
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f. Conduct activities to encourage and promote the prudent development and wise use of all energy resources indigenous to the state or shared by the state with the Dominion of Canada, the federal government or other states.
g. Advise and assist state agencies in the implementation of section one hundred twenty-seven-a of the state finance law.
h. Develop a plan to maximize the use of telecommuting to conserve energy otherwise used by the personnel of the office in commuting to their assigned workplace. Within one year of the effective date of this paragraph, the office shall submit a report to the governor and the legislature on the impact of such plan to include, but not be limited to, energy conservation, air quality, workforce acceptance, office costs and potential cost savings.
2. The office may:
a. Undertake studies, surveys or analyses to determine present and projected energy and energy resource use, supply and demand within the state.
b. Promulgate energy use standards after consultation with the commissioner of the office of general services, for the purchase, lease, use or maintenance of state buildings and equipment.
c. Maintain liaison with and represent the state before appropriate agencies of the federal government, the Dominion of Canada, regional commissions, other state governments and municipalities in all energy and energy resources matters.
d. Coordinate the state's administration of any energy or energy resource programs of the federal government, other than research, development and demonstration programs conducted by the New York state energy research and development authority, including but not limited to those concerned with conservation, allocation, management or education.
e. Advise all agencies and municipalities of the state in energy and energy resource related matters.
§ 5-109. Action by the commissioner. 1. The commissioner shall prepare and distribute at the earliest feasible date an index of functions and responsibilities of state agencies relating to energy and energy resources in sufficient detail to guide the public and serve as a basis for such further steps as may be deemed necessary to assure full coordination without duplication of the energy-related activities of such agencies.
2. Upon completion of the index required to be prepared pursuant to subdivision one of this section, and no later than one hundred twenty days after such completion, the commissioner shall recommend to the governor and the legislature such action as may be necessary to preclude any identified or potential duplication of energy and energy resource related functions and responsibilities of state agencies.
§ 5-115. Energy advisory council. There is hereby created within the office an energy advisory council, consisting of thirteen members, five of whom shall be appointed by the governor from among persons who are not holders of public office, elective or appointive. Of the five appointed members, no more than three shall belong to the same political party. The other members shall be the commissioners of economic development, transportation and environmental conservation, the secretary of state, the energy research and development authority, the public service commission, the power authority of the state of New York and the commissioner. The commissioner shall serve as chair of the council and the governor shall designate a vice-chair from the remaining members of the council. The members of the council shall receive no compensation but
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shall be entitled to reimbursement for necessary expenses incurred in connection with the performance of their duties. The council shall assist the commissioner in carrying out the purpose of this chapter, including the coordination, development and implementation of a comprehensive state energy policy.
§ 5-123. Review and recommendations on continuation. 1. In the year two thousand twenty-one and every four years thereafter, the department of audit and control shall conduct an audit of the office. Within ninety days of the completion of such audit a commission, whose maximum duration shall be six months, shall be created to determine whether the office shall continue in operation, or whether it shall be changed in some manner, or whether it shall be dissolved, and the commission shall report its findings to the governor and the legislature with recommendations of changes necessary, and if dissolution is recommended it shall recommend what functions shall be eliminated and what functions shall be continued by another agency.
2. The commission shall be composed of five members, with the chair and one other member appointed by the governor, one member appointed by the temporary president of the senate, one member appointed by the speaker of the assembly, and one member appointed by the comptroller. Staff for the commission shall be provided by the department of audit and control from funds appropriated for such purpose.
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