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Regulatory Process

 

Currently, NYSERDA is proposing efficiency standards and testing procedures for over a dozen different product categories that are not federally preempted.

The first batch of product categories to be regulated can be found under the Rulemaking section.

Under the Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 Link opens in new window - close new window to return to this page., NYSERDA will establish minimum efficiency standards and test procedures for products and appliances that are sold, rented, and leased in New York State. There are three stages to this process outlined below: 

Stage 1: Standards Development (Pre-Rulemaking)

For many states, including New York, the process of establishing the appropriate products and standard requirements is often done collaboratively. Organizations such as the Appliance Standards Awareness Project (ASAP) Link opens in new window - close new window to return to this page. work with industry groups, trade organizations, and energy efficiency advocates to analyze which products have the opportunity to increase and streamline efficiency through state standards. Additionally, efficiency experts at the state level may recognize other opportunities for state standards within their markets.

Stage 2: Notice of Proposed Rulemaking in the New York State Register and 60-Day Comment Period (Current Rulemaking)

Once the products and standard requirements have been determined, NYSERDA publishes a Notice of Proposed Rulemaking in the New York State Register Link opens in new window - close new window to return to this page.. The full details of the proposed definitions, standard requirements, and test procedures will be posted on NYSERDA’s website. Depending on the complexity of a given proposed standard, a summary of the rule may be published in the New York State Register. 

Before New York’s Appliance and Equipment Efficiency Standards can be enacted, NYSERDA, under the State Administrative Procedures Act (SAPA), must hold a 60-day public comment period for the technical specifications and testing procedures for each product category, including the rules and regulations surrounding compliance and enforcement of the standards.

To ensure that the rulemaking process is as accessible and transparent as possible, interested parties are encouraged to submit comments through NYSERDA’s Public Comment Portal Link opens in new window - close new window to return to this page. or by email to [email protected]. Comment submissions will be collected and taken into consideration before the final rulemaking is issued. All comments received will be posted publicly online Link opens in new window - close new window to return to this page.. For questions and additional information, email the NYSERDA Appliance Standards Help Center at [email protected].

Stage 3: Rulemaking Adoption

The standards will take effect no less than 180 days after adoption. NYSERDA will continue to be involved with ensuring the market is ready for these standards through compliance.