STATE OF NEW YORK
        ________________________________________________________________________

                                         3531--A
            Cal. No. 389

                               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 -- reported favorably from said
          committee,  ordered  to  first  and  second report, ordered to a third
          reading, amended and ordered reprinted, retaining  its  place  in  the
          order of third reading

        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:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06858-02-3

        S. 3531--A                          2

     1    § 11-101. Purpose. In furtherance of the [policy] policies  set  forth
     2  in  subdivision  two of section 3-101 of this chapter and in chapter one
     3  hundred six of the laws of two thousand nineteen enacting the  New  York
     4  state  climate  leadership and community protection act, the legislature
     5  hereby  directs  that  a  state energy conservation construction code be
     6  adopted to protect the health, safety and security of the people of  the
     7  state and to assure a continuing supply of energy for future generations
     8  and that such code mandate that [economically] reasonable energy conser-
     9  vation  techniques  be used in the design and construction of all public
    10  and private buildings in the state.
    11    § 3. Subdivision 2 of section 11-103 of the energy law, as amended  by
    12  chapter 374 of the laws of 2022, is amended to read as follows:
    13    2.  (a) The state fire prevention and building code council is author-
    14  ized, from time to time as it deems appropriate and consistent with  the
    15  purposes  of  this article, to review and amend the code, or adopt a new
    16  code, through rules and regulations provided that the code remains  cost
    17  effective  with respect to building construction in the state. In deter-
    18  mining whether the code remains cost effective, the code  council  shall
    19  consider  (i) whether the life-cycle costs for a building will be recov-
    20  ered through savings in energy costs over the design life of the  build-
    21  ing  under  a  life-cycle  cost  analysis performed under methodology as
    22  established by the  New  York  state  energy  research  and  development
    23  authority  in  regulations  which  may be updated from time to time, and
    24  (ii) secondary or societal effects, such as reductions in greenhouse gas
    25  emissions, as defined in regulations. Before publication of a notice  of
    26  proposed  rule making establishing the methodology or defining secondary
    27  or societal effects, the president of the authority shall conduct public
    28  meetings to provide meaningful opportunities for public comment from all
    29  segments of the population that would be impacted  by  the  regulations,
    30  including  persons  living in disadvantaged communities as identified by
    31  the climate justice working group established under section  75-0111  of
    32  the environmental conservation law.  For residential buildings, the code
    33  shall  meet  or  exceed  the  then most recently published International
    34  Energy Conservation  Code,  or  achieve  equivalent  or  greater  energy
    35  savings; and for commercial buildings, the code shall meet or exceed the
    36  then  most  recently published [ASHRAE] ANSI/ASHRAE/IESNA Standard 90.1,
    37  or achieve equivalent or greater energy savings.
    38    (b) When adopting the first amended version of the code next following
    39  the effective date of [the] chapter three hundred  seventy-four  of  the
    40  laws  of  two  thousand  twenty-two  [that added this paragraph] and any
    41  subsequent codes, the state fire prevention and  building  code  council
    42  shall,  as  soon  as practicable and no later than eighteen months after
    43  the publication of each revised or updated edition of the  International
    44  Energy  Conservation  Code  and the ANSI/ASHRAE/IESNA Standard 90.1, use
    45  its best efforts to adopt  provisions  for  residential  buildings  that
    46  achieve  energy savings greater than energy savings achieved by the then
    47  most recently published International Energy Conservation  Code  and  to
    48  adopt  provisions  for  commercial buildings that achieve energy savings
    49  greater than energy savings achieved by the then most recently published
    50  [ASHRAE] ANSI/ASHRAE/IESNA Standard 90.1, both at levels recommended  by
    51  the  New  York state energy research and development authority, provided
    52  that the state fire prevention and building code council determines that
    53  such advanced energy savings can be achieved  while  still  meeting  the
    54  cost effectiveness considerations contemplated by this subdivision.
    55    (c) The state fire prevention and building code council shall, as soon
    56  as  practicable  and no later than eighteen months after the publication

        S. 3531--A                          3

     1  of each revised or updated edition of the International Energy Conserva-
     2  tion Code and the ANSI/ASHRAE/IESNA Standard 90.1, cause the state ener-
     3  gy conservation construction code to be updated to  reflect  changes  in
     4  any such revised or updated edition.  To the extent that the state ener-
     5  gy conservation construction code has not been updated to reflect chang-
     6  es  in  any  such revised or updated edition as of the effective date of
     7  this paragraph, the council shall, as soon as practicable and  no  later
     8  than  eighteen  months after the effective date of this paragraph, cause
     9  the state energy conservation construction code to be updated to reflect
    10  such changes.
    11    § 4. This act shall take effect immediately.