senate Bill S6912
(D, WF) 0 Senate District
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
Relates to updating the state energy conservation construction code.
TITLE OF BILL :
An act to amend the energy law, in relation to updating the state
energy conservation construction code
To provide for a state energy code for residential buildings. The
administration and enforcement of the code will be done in a manner
that it achieves a compliance rate above ninety percent.
SUMMARY OF PROVISIONS :
Section 1: Amends chapter 820 of the laws of 1976 to add a new
subdivision 2a. Adds language requiring residential structures to meet
the most recent publicized international energy conservation code and
the most recent publicized ANSI/ASHRAE/IESNA standards. Allows for an
effective administration and enforcement of the conservation code so
that there is a minimum of ninety percent compliance.
Section 2: Amends section 11-101 to allow for reasonable energy
conservation in commercial buildings.
Section 3: Amends section 11-103 to require state fire prevention and
building code council to regulate residential buildings within six
month of new publication. Furthermore requires buildings to maintain
this level of energy efficiency.
Section 4: Amends Section 11-111 to require all new residential
buildings to undergo a Home Energy Rating System (HERS). Requires all
new residential buildings to have a. minimum score on the HERS rating
Section 5: This will take effect immediately.
This legislation will amend the State Energy Conservation Construction
code to create a higher standard for the energy efficiency of new
homes. Similar to recommendations in the New York State Energy Plan,
and provisions of other proposed legislation, it will require the
State Fire Prevention and Building Code Council to update the State
Construction Codes in a more timely manner, however it proposes a
tighter time frame for the updates.
The most recent update to the New York State Energy Conservation
Construction Code has taken 6 years since updated standards were
released by the American Society of Heating, Refrigeration and
Air-Conditioning Engineers (ASHRAE). The New York State Energy Plan
has criticized this delay, and recommends requiring updates to be
completed within in three years of the release of new ASHRAE
standards. Legislation advanced by the Governor follows this
recommendation. This legislation would require new standards, which
have already completed extensive review by ASHRAE and the
International Codes Council, to be incorporated into the New York
Energy Conservation Construction Code within six months.
This bill is unique in that it will set a minimum performance-based
standard for the energy efficiency of new residential construction,
and require performance testing of,all new homes built, to ensure that
the standard is met. This will save energy and money, protect the
environment, and foster the development of green jobs in New York
The proposed law would create a minimum standard of energy efficiency
for low-rise residential construction based on performance testing of
every new building constructed. Under the proposal new homes built in
the state would be required to meet a score of at least 84 on the Home
Energy Rating System (HERS). This indicates that the home is at least
20% more efficient than a similar home built to conventional
standards. New homes that are 6,000 square feet or larger would be
required to meet a higher efficiency standard (HERS score of 87, or
35% more efficient than a similar home), because larger homes use more
The amendment would also require the rating to be performed by an
independent, certified HERS rater, to ensure that the standard is
being met in all cases. The independent verification, based on actual
performance data, is crucial to realizing energy savings. Studies have
shown as much as 45% to 54% percent of homes do not perform to energy
efficiency code standards when there is no verification. In
recognition of the importance of ensuring compliance, the u.S.
Department of Energy has required States that receive certain block
grant funding (including New York) to develop plans to assure at least
90% compliance with energy efficiency construction codes. The HERS
rating requirement will create a regimen to achieve 100% compliance
with the more stringent energy conservation construction code, and
does so using a budget neutral method.
Homes can be built and tested to meet this new standard for less than
1% of their costs, but can save homeowners tens of thousands of
dollars in energy bills over the life of the home.
This legislation borrows from the experience of ten of thirteen Long
Island towns that adopted building codes based on the EPA's ENERGY
STAR Homes program, to improve the energy efficiency of new homes.
These changes were implemented successfully in the largest and most
populous towns in the State.
A report recently released by the Sustainability Institute at Molloy
College found that the code amendments adopted by these Long Island
towns were implemented with no significant cost to taxpayers, and are
generating real environmental and economic benefits. The report also
documented the creation of new green collar jobs; the number of HERS
raters on Long Island increased from two or three to 55 since the
adoption of the new codes.
LEGISLATIVE HISTORY :
FISCAL IMPLICATIONS :
LOCAL FISCAL IMPLICATIONS :
EFFECTIVE DATE :
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