Bill Text: NY S03531 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Directs the state fire prevention and building code council to update the state fire prevention and building code and the state energy conservation construction code within 18 months of the publication of any updated or revised edition of the international and national codes relating thereto, so as to ensure that the state's codes reflect such revisions and updates.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-04-04 - referred to governmental operations [S03531 Detail]

Download: New_York-2023-S03531-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3531

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 31, 2023
                                       ___________

        Introduced  by Sens. SKOUFIS, SEPULVEDA -- read twice and ordered print-
          ed, and when printed to be committed  to  the  Committee  on  Housing,
          Construction and Community Development

        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
    22  hundred six of the laws of two thousand nineteen enacting the  New  York

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06858-01-3
        S. 3531                             2

     1  state  climate  leadership and community protection act, the legislature
     2  hereby directs that a state energy  conservation  construction  code  be
     3  adopted  to protect the health, safety and security of the people of the
     4  state and to assure a continuing supply of energy for future generations
     5  and that such code mandate that [economically] reasonable energy conser-
     6  vation  techniques  be used in the design and construction of all public
     7  and private buildings in the state.
     8    § 3. Subdivision 2 of section 11-103 of the energy law, as amended  by
     9  chapter 374 of the laws of 2022, is amended to read as follows:
    10    2.  (a) The state fire prevention and building code council is author-
    11  ized, from time to time as it deems appropriate and consistent with  the
    12  purposes  of  this article, to review and amend the code, or adopt a new
    13  code, through rules and regulations provided that the code remains  cost
    14  effective  with respect to building construction in the state. In deter-
    15  mining whether the code remains cost effective, the code  council  shall
    16  consider  (i) whether the life-cycle costs for a building will be recov-
    17  ered through savings in energy costs over the design life of the  build-
    18  ing  under  a  life-cycle  cost  analysis performed under methodology as
    19  established by the  New  York  state  energy  research  and  development
    20  authority  in  regulations  which  may be updated from time to time, and
    21  (ii) secondary or societal effects, such as reductions in greenhouse gas
    22  emissions, as defined in regulations. Before publication of a notice  of
    23  proposed  rule making establishing the methodology or defining secondary
    24  or societal effects, the president of the authority shall conduct public
    25  meetings to provide meaningful opportunities for public comment from all
    26  segments of the population that would be impacted  by  the  regulations,
    27  including  persons  living in disadvantaged communities as identified by
    28  the climate justice working group established under section  75-0111  of
    29  the environmental conservation law.  For residential buildings, the code
    30  shall  meet  or  exceed  the  then most recently published International
    31  Energy Conservation  Code,  or  achieve  equivalent  or  greater  energy
    32  savings; and for commercial buildings, the code shall meet or exceed the
    33  then  most  recently published [ASHRAE] ANSI/ASHRAE/IESNA Standard 90.1,
    34  or achieve equivalent or greater energy savings.
    35    (b) When adopting the first amended version of the code next following
    36  the effective date of [the] chapter three hundred  seventy-four  of  the
    37  laws  of  two  thousand  twenty-two  [that added this paragraph] and any
    38  subsequent codes, the state fire prevention and  building  code  council
    39  shall,  as  soon  as practicable and no later than eighteen months after
    40  the publication of each revised or updated edition of the  International
    41  Energy Conservation Code or the ANSI/ASHRAE/IESNA Standard 90.1, use its
    42  best  efforts to adopt provisions for residential buildings that achieve
    43  energy savings greater than energy savings achieved  by  the  then  most
    44  recently  published  International Energy Conservation Code and to adopt
    45  provisions for commercial buildings that achieve energy savings  greater
    46  than  energy  savings  achieved  by  the  then  most  recently published
    47  [ASHRAE] ANSI/ASHRAE/IESNA Standard 90.1, both at levels recommended  by
    48  the  New  York state energy research and development authority, provided
    49  that the state fire prevention and building code council determines that
    50  such advanced energy savings can be achieved  while  still  meeting  the
    51  cost effectiveness considerations contemplated by this subdivision.
    52    (c) The state fire prevention and building code council shall, as soon
    53  as  practicable  and no later than eighteen months after the publication
    54  of each revised or updated edition of the International Energy Conserva-
    55  tion Code or the ANSI/ASHRAE/IESNA Standard 90.1, cause the state energy
    56  conservation construction code to be updated to reflect changes  in  any
        S. 3531                             3

     1  such  revised  or updated edition.   To the extent that the state energy
     2  conservation construction code has not been updated to  reflect  changes
     3  in  any such revised or updated edition as of the effective date of this
     4  paragraph,  the  council shall, as soon as practicable and no later than
     5  eighteen months after the effective date of this  paragraph,  cause  the
     6  state  energy  conservation  construction  code to be updated to reflect
     7  such changes.
     8    § 4. This act shall take effect immediately.