STATE OF NEW YORK ________________________________________________________________________ 5249--A 2023-2024 Regular Sessions IN ASSEMBLY March 7, 2023 ___________ Introduced by M. of A. HUNTER, PEOPLES-STOKES, WALLACE, JACOBSON -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the executive law and the energy law, in relation to requiring the updating of the state uniform fire prevention and build- ing code and the state energy conservation construction code on the basis of update of certain international codes The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 2 of section 377 of the executive law is renum- 2 bered subdivision 3 and a new subdivision 2 is added to read as follows: 3 2. Each time a revised or updated edition of the International Build- 4 ing Code, the International Fire Code, the International Residential 5 Code, the International Plumbing Code, the International Mechanical 6 Code, the International Fuel Gas Code, the International Existing Build- 7 ing Code, the International Property Maintenance Code or the National 8 Electrical Code is published, the council shall, eighteen months after 9 publication of a revised or updated edition, cause the uniform fire 10 prevention and building code to be updated to reflect changes in any 11 such revised or updated edition. To the extent that the uniform fire 12 prevention and building code has not been updated to reflect changes in 13 any such revised or updated edition as of the effective date of this 14 subdivision, the council shall, as soon as practicable and no later than 15 eighteen months after the effective date of this subdivision, cause the 16 uniform fire prevention and building code to be updated to reflect such 17 changes. 18 § 2. Section 11-101 of the energy law, as amended by chapter 516 of 19 the laws of 1984, is amended to read as follows: 20 § 11-101. Purpose. In furtherance of the [policy] policies set forth 21 in subdivision two of section 3-101 of this chapter and in chapter one EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06858-03-3
A. 5249--A 2 1 hundred six of the laws of two thousand nineteen enacting the New York 2 state climate leadership and community protection act, the legislature 3 hereby directs that a state energy conservation construction code be 4 adopted to protect the health, safety and security of the people of the 5 state and to assure a continuing supply of energy for future generations 6 and that such code mandate that [economically] reasonable energy conser- 7 vation techniques be used in the design and construction of all public 8 and private buildings in the state. 9 § 3. Subdivision 2 of section 11-103 of the energy law, as amended by 10 chapter 374 of the laws of 2022, is amended to read as follows: 11 2. (a) The state fire prevention and building code council is author- 12 ized, from time to time as it deems appropriate and consistent with the 13 purposes of this article, to review and amend the code, or adopt a new 14 code, through rules and regulations provided that the code remains cost 15 effective with respect to building construction in the state. In deter- 16 mining whether the code remains cost effective, the code council shall 17 consider (i) whether the life-cycle costs for a building will be recov- 18 ered through savings in energy costs over the design life of the build- 19 ing under a life-cycle cost analysis performed under methodology as 20 established by the New York state energy research and development 21 authority in regulations which may be updated from time to time, and 22 (ii) secondary or societal effects, such as reductions in greenhouse gas 23 emissions, as defined in regulations. Before publication of a notice of 24 proposed rule making establishing the methodology or defining secondary 25 or societal effects, the president of the authority shall conduct public 26 meetings to provide meaningful opportunities for public comment from all 27 segments of the population that would be impacted by the regulations, 28 including persons living in disadvantaged communities as identified by 29 the climate justice working group established under section 75-0111 of 30 the environmental conservation law. For residential buildings, the code 31 shall meet or exceed the then most recently published International 32 Energy Conservation Code, or achieve equivalent or greater energy 33 savings; and for commercial buildings, the code shall meet or exceed the 34 then most recently published [ASHRAE] ANSI/ASHRAE/IESNA Standard 90.1, 35 or achieve equivalent or greater energy savings. 36 (b) When adopting the first amended version of the code next following 37 the effective date of [the] chapter three hundred seventy-four of the 38 laws of two thousand twenty-two [that added this paragraph] and any 39 subsequent codes, the state fire prevention and building code council 40 shall, as soon as practicable and no later than eighteen months after 41 the publication of each revised or updated edition of the International 42 Energy Conservation Code and the ANSI/ASHRAE/IESNA Standard 90.1, use 43 its best efforts to adopt provisions for residential buildings that 44 achieve energy savings greater than energy savings achieved by the then 45 most recently published International Energy Conservation Code and to 46 adopt provisions for commercial buildings that achieve energy savings 47 greater than energy savings achieved by the then most recently published 48 [ASHRAE] ANSI/ASHRAE/IESNA Standard 90.1, both at levels recommended by 49 the New York state energy research and development authority, provided 50 that the state fire prevention and building code council determines that 51 such advanced energy savings can be achieved while still meeting the 52 cost effectiveness considerations contemplated by this subdivision. 53 (c) The state fire prevention and building code council shall, as soon 54 as practicable and no later than eighteen months after the publication 55 of each revised or updated edition of the International Energy Conserva- 56 tion Code and the ANSI/ASHRAE/IESNA Standard 90.1, cause the state ener-
A. 5249--A 3 1 gy conservation construction code to be updated to reflect changes in 2 any such revised or updated edition. To the extent that the state ener- 3 gy conservation construction code has not been updated to reflect chang- 4 es in any such revised or updated edition as of the effective date of 5 this paragraph, the council shall, as soon as practicable and no later 6 than eighteen months after the effective date of this paragraph, cause 7 the state energy conservation construction code to be updated to reflect 8 such changes. 9 § 4. This act shall take effect immediately.