N.Y. Energy Law 8-106 – Administration and enforcement
§ 8-106. Administration and enforcement. 1. With respect to existing buildings owned by the state, this article shall be administered by the commissioner and the standards enforced by the office of general services in accordance with procedures to be developed by the commissioner after consultation with the commissioner of the office of general services. The commissioner may request any department, division, board, bureau, commission, or other state agency to provide such information, data and assistance as is necessary to enable the commissioner to effectuate the purposes of this article, and such departments, divisions, boards, bureaus, commissions and other state agencies are authorized to provide, to the extent feasible, such information, data and assistance.
Terms Used In N.Y. Energy Law 8-106
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
2. With respect to existing buildings owned by any municipality, the administration and enforcement of the standards shall be the responsibility of such municipality and the manner of such administration and enforcement shall be prescribed by local law or ordinance or by order or resolution of the governing body of any such municipality.
3. a. With respect to all other existing buildings, the administration and enforcement of the standards shall be the responsibility of the office, provided, however, that the commissioner may enter into an agreement with any city, town or village delegating all or part of such responsibility. On or before April first, nineteen hundred eighty, the office shall adopt regulations providing for the administration and enforcement of such standards as well as providing for the wide dissemination of such standards to the general public. Such regulations shall include a requirement that the owner of record of an existing building or a real estate management company responsible for the management and operation of any such building or the tenant or tenants of leased premises in any such building, submit sworn statements to the office, or where applicable, to such a city, town or village, certifying that the building or leased premises are in full compliance with the standards, or alternatively, that the building or leased premises will be in such compliance on or before October first, nineteen hundred eighty-one.
b. Any person who knowingly fails to submit such a certification statement as required by this subdivision or the regulations adopted hereunder or who knowingly fails to bring such a building or leased premises into compliance with the standards by October first, nineteen hundred eighty-one, shall be liable for a civil penalty of up to one thousand dollars. The attorney general is hereby authorized to commence an action or special proceeding in any court of competent jurisdiction in the state in the name of the people of the state to recover any such penalty, or for injunctive relief to compel compliance with the standards, when requested to do so by the commissioner. All monies recovered in any such action or special proceeding, together with the costs thereof shall be paid into the state treasury to the credit of the general fund. Any such action or proceeding may be compromised or discontinued on application of the commissioner upon such terms as the court shall approve and order.
4. Where the commissioner has entered into an agreement with any city, town or village, delegating all or part of the office's responsibility for the administration and enforcement of the standards, any officer or department designated by a local law or ordinance of any such city, town or village shall have power to conduct investigations regarding the compliance with the provisions of this subdivision and to institute an action or special proceeding in any court of competent jurisdiction to enjoin any violation of this subdivision and to recover the penalty specified. All monies recovered in any such action or special proceeding together with the costs thereof, shall be paid to the treasurer of any such city, town or village and be available for any lawful city, town or village purpose.