N.Y. Energy Law 16-108 – Violations, civil liability
§ 16-108. Violations, civil liability. 1. Any person who issues:
Terms Used In N.Y. Energy Law 16-108
- Person: means any individual, trustee, agency, partnership, association, corporation, company, municipality, political subdivision, or other legal entity. See N.Y. Energy Law 16-102
- President: means the president of the New York state energy research and development authority. See N.Y. Energy Law 16-102
- Product: means any appliance or equipment, other than a motor vehicle, which in operation consumes or is designed to consume energy or to result in the consumption of energy, including any water-related appliance, equipment or fixture that is designed to consume or result in the consumption of energy in its operation or use. See N.Y. Energy Law 16-102
- Secretary: means the secretary of state. See N.Y. Energy Law 16-102
(a) a certification that a product listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article complies with the efficiency standards for such product established by or pursuant to this article;
(b) a certification that a product not listed in paragraphs (a) through (xx) of subdivision one of section 16-104 of this article complies with efficiency standards for such product established pursuant to paragraph (b) or (c) of subdivision one of section 16-104 of this article; or
(c) a certification that a product that is subject to federal efficiency standards that shall have been continued in this state pursuant to section 16-105 of this article complies with such efficiency standards, knowing that such product does not comply with such efficiency standards, shall be liable for a civil penalty of not more than ten thousand dollars for each such product certified and an additional penalty of not more than ten thousand dollars for each day during which such violation continues.
2. Any person who violates the provisions of subdivision two of section 16-104 of this article, or fails to perform any duty imposed by this article, or violates or fails to comply with any rule, regulation, determination, or order adopted, made, or issued by the president or the secretary pursuant to this article, shall be liable for a civil penalty of not more than five hundred dollars for each such violation and an additional civil penalty of not more than one hundred dollars for each day during which such violation continues, and, in addition thereto, such person may be enjoined from continuing such violation.
3. An action or cause of action for the recovery of a penalty under this section may be settled or compromised in an amount to be approved by the secretary either before or after proceedings are brought to recover such penalties and prior to the entry for judgment therefor.