Bill Text: NY A05708 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to updating the state energy conservation construction code.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2020-01-08 - referred to energy [A05708 Detail]
Download: New_York-2019-A05708-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5708 2019-2020 Regular Sessions IN ASSEMBLY February 14, 2019 ___________ Introduced by M. of A. ENGLEBRIGHT, GALEF -- read once and referred to the Committee on Energy AN ACT to amend the energy law, in relation to updating the state energy conservation construction code 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 3-101 of the energy law, as 2 amended by chapter 253 of the laws of 2013, is amended and a new subdi- 3 vision 2-a is added to read as follows: 4 2. to encourage conservation of energy in the construction and opera- 5 tion of new commercial, industrial, agricultural and residential build- 6 ings, and in the rehabilitation of existing structures, through heating, 7 cooling, ventilation, lighting, insulation and design techniques and the 8 use of energy audits and life-cycle cost analysis, and through other 9 techniques required or authorized by the most recently published inter- 10 national energy conservation code and the most recently published 11 ANST/ASHRAE/IESNA standard 90.1; 12 2-a. to provide for a state energy code for residential buildings, and 13 for the administration and enforcement of such code in a manner that 14 achieves compliance with such code in at least ninety percent of new and 15 renovated residential building space in the state subject to such code; 16 § 2. Section 11-101 of the energy law, as amended by chapter 516 of 17 the laws of 1984, is amended to read as follows: 18 § 11-101. Purpose. In furtherance of the policy set forth in subdivi- 19 sion two of section 3-101 of this chapter, the legislature hereby 20 directs that a state energy conservation construction code be adopted to 21 protect the health, safety and security of the people of the state and 22 to assure a continuing supply of energy for future generations and that 23 such code mandate that [economically] reasonable energy conservation 24 techniques be used in the design and construction of all public and 25 private buildings in the state. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09632-01-9A. 5708 2 1 § 3. Subdivision 2 of section 11-103 of the energy law, as amended by 2 chapter 560 of the laws of 2010, is amended to read as follows: 3 2. [The] (a) Each time a revised or updated edition of the interna- 4 tional energy conservation code is published, the state fire prevention 5 and building code council is hereby authorized and directed to promul- 6 gate, within eighteen months, rules and regulations amending those 7 portions of the code that apply to residential buildings in such a 8 manner to cause such portions of the code to be a building energy code 9 for residential buildings throughout the state that meets or exceeds 10 such revised or updated edition of the international energy conservation 11 code or achieves equivalent or greater energy savings, or to affirma- 12 tively reject any provisions of the international energy conservation 13 code which, in the judgment of the state fire prevention and building 14 code council, is not appropriate for inclusion in the state building 15 energy code and provide a reasoned elaboration of the decision to reject 16 such provisions. 17 (b) In addition, the state fire prevention and building code council 18 is authorized, from time to time as it deems appropriate and consistent 19 with the purposes of this article, to review and amend the code, or 20 adopt a new code, through rules and regulations [provided that the code21remains cost effective with respect to building construction in the22state. In determining whether the code remains cost effective, the code23council shall consider whether the cost of materials and their installa-24tion to meet its standards would be equal to or less than the present25value of energy savings that could be expected over a ten year period in26the building in which such materials are installed]. For residential 27 buildings, the code shall meet or exceed the then most recently 28 published International Energy Conservation Code, or achieve equivalent 29 or greater energy savings; and for commercial buildings, the code shall 30 meet or exceed ASHRAE 90.1-2007, or achieve equivalent or greater energy 31 savings. 32 § 4. The energy law is amended by adding a new section 11-111 to read 33 as follows: 34 § 11-111. Mandatory energy efficiency rating. 1. All new residential 35 buildings shall be required to undergo a Home Energy Rating System 36 (HERS) rating, as defined by the residential energy services network 37 (RESNET), by a certified HERS rater, or a rating generated through an 38 equivalent rating system that includes measuring actual building 39 performance data, as approved by the New York state energy research and 40 development authority. 41 2. All new residential buildings must demonstrate a twenty percent or 42 greater reduction in modeled energy consumption as compared to a refer- 43 ence building of the same size and configuration incorporating all pres- 44 criptive standards of the state building energy code, as evidenced by 45 achieving a minimum HERS rating of eighty-four on the current expanded 46 HERS scoring system adopted by the state, or if approved by the New York 47 state energy research and development authority an index of eighty or 48 less as defined in the "2006 Mortgage Industry National Home Energy 49 Rating Systems Standards," promulgated by the RESNET, or a rating or 50 score that demonstrates equivalent energy performance as determined by 51 any other successor rating system approved by the New York state energy 52 research and development authority which includes measuring actual 53 building performance data. 54 3. All new residential buildings including a single dwelling unit of 55 six thousand feet or greater floor area must demonstrate a thirty-five 56 percent or greater reduction in modeled energy consumption as comparedA. 5708 3 1 to a reference building of the same size and configuration built to the 2 minimum prescriptive standards of the state building energy code, as 3 evidenced by achieving a minimum HERS rating or eighty-seven on the 4 current expanded HERS scoring system adopted by the state, an index of 5 sixty-five or less as defined in the "2006 Mortgage Industry National 6 Home Energy Rating Systems Standards," promulgated by RESNET, or a 7 rating or score that demonstrates equivalent energy performance as 8 determined by any other successor rating system approved by the New York 9 state energy research and development authority which includes measuring 10 actual building performance data. 11 § 5. This act shall take effect immediately.