§ 16-105. Adoption of certain federal efficiency standards. 1. The federal efficiency standard established in 10CFR Parts 430 and 431, as in effect on January first, two thousand eighteen shall be applicable to products which are subject to such federal efficiency standards and which are sold, offered for sale, or installed in New York state. So long as such federal efficiency standards remain in effect as federal efficiency standards, they shall be enforced as provided by federal law. The president shall adopt by regulation all such federal efficiency standards and provided that, if any such federal efficiency standard is withdrawn, repealed, voided, or otherwise ceases to remain in effect as a federal efficiency standard:(a) such efficiency standard shall be continued in this state;
(b) until and unless amended or repealed pursuant to this article, the president shall be authorized to adopt regulations establishing procedures for testing the energy reduction, water conservation, greenhouse gas reduction, and/or increased demand flexibility associated with such product;
(c) the president shall be authorized to adopt regulations establishing procedures for manufacturers of such product to certify that such product meets such efficiency standard, if the president determines that such manufacturer's certifications should be required;
(d) the president shall be authorized to adopt regulations amending such efficiency standard from time to time, including regulations that repeal such efficiency standard, or increase the stringency of such efficiency standard; and
(e) if federal preemption has been waived for any particular federal efficiency standard or standards, the president may adopt such standard or may adopt a different standard. 2. This section shall not apply to any federal efficiency standard set aside by a court upon the petition of a person who will be adversely affected, as provided in 42 U.S.C. § 6306(b).
