S T A T E O F N E W Y O R K
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10288--A
I N A S S E M B L Y
March 16, 2010
___________
Introduced by M. of A. ENGLEBRIGHT -- read once and referred to the
Committee on Energy -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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:
Section 1. Subdivision 2 of section 3-101 of the energy law, as
amended by chapter 820 of the laws of 1976, is amended and a new subdi-
vision 2-a is added to read as follows:
2. to encourage conservation of energy in the construction and opera-
tion of new commercial, industrial, and residential buildings, and in
the rehabilitation of existing structures, through heating, cooling,
ventilation, lighting, insulation and design techniques and the use of
energy audits and life-cycle costing analysis, AND THROUGH OTHER TECH-
NIQUES REQUIRED OR AUTHORIZED BY THE MOST RECENTLY PUBLISHED INTERNA-
TIONAL ENERGY CONSERVATION CODE AND THE MOST RECENTLY PUBLISHED
ANSI/ASHRAE/IESNA STANDARD 90.1;
2-A. TO PROVIDE FOR A STATE ENERGY CODE FOR RESIDENTIAL BUILDINGS, AND
FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH CODE IN A MANNER THAT
ACHIEVES COMPLIANCE WITH SUCH CODE IN AT LEAST NINETY PERCENT OF NEW AND
RENOVATED RESIDENTIAL BUILDING SPACE IN THE STATE SUBJECT TO SUCH CODE;
S 2. Section 11-101 of the energy law, as amended by chapter 516 of
the laws of 1984, is amended to read as follows:
S 11-101. Purpose. In furtherance of the policy set forth in subdivi-
sion two of section 3-101 of this chapter, the legislature hereby
directs that a state energy conservation construction code be adopted to
protect the health, safety and security of the people of the state and
to assure a continuing supply of energy for future generations and that
such code mandate that [economically] reasonable energy conservation
techniques be used in the design and construction of all public and
private buildings in the state.
S 3. Subdivision 2 of section 11-103 of the energy law, as amended by
chapter 292 of the laws of 1998, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15289-06-0
A. 10288--A 2
2. [The] (A) EACH TIME A REVISED OR UPDATED EDITION OF THE INTERNA-
TIONAL ENERGY CONSERVATION CODE IS PUBLISHED, THE STATE FIRE PREVENTION
AND BUILDING CODE COUNCIL IS HEREBY AUTHORIZED AND DIRECTED TO PROMUL-
GATE, WITHIN EIGHTEEN MONTHS, RULES AND REGULATIONS AMENDING THOSE
PORTIONS OF THE CODE THAT APPLY TO RESIDENTIAL BUILDINGS IN SUCH A
MANNER TO CAUSE SUCH PORTIONS OF THE CODE TO BE A BUILDING ENERGY CODE
FOR RESIDENTIAL BUILDINGS THROUGHOUT THE STATE THAT MEETS OR EXCEEDS
SUCH REVISED OR UPDATED EDITION OF THE INTERNATIONAL ENERGY CONSERVATION
CODE OR ACHIEVES EQUIVALENT OR GREATER ENERGY SAVINGS, OR TO AFFIRMA-
TIVELY REJECT ANY PROVISIONS OF THE INTERNATIONAL ENERGY CONSERVATION
CODE WHICH, IN THE JUDGMENT OF THE STATE FIRE PREVENTION AND BUILDING
CODE COUNCIL, IS NOT APPROPRIATE FOR INCLUSION IN THE NEW YORK STATE
BUILDING ENERGY CODE AND PROVIDE A REASONED ELABORATION OF THE DECISION
TO REJECT SUCH PROVISIONS.
(B) IN ADDITION, THE state fire prevention and building code council
is authorized, from time to time as it deems appropriate and consistent
with the purposes of this article, to review and amend the code through
rules and regulations provided that [the code remains cost effective
with respect to building construction in the state. The code shall be
deemed cost effective if the cost of materials and their installation to
meet its standards would be equal to or less than the present value of
energy savings that could be expected over a ten year period in the
building in which such materials are installed], AFTER SUCH AMENDMENT,
THOSE PORTIONS OF THE CODE THAT APPLY TO RESIDENTIAL BUILDINGS CONTINUE
TO MEET OR EXCEED THE THEN MOST RECENTLY PUBLISHED INTERNATIONAL ENERGY
CONSERVATION CODE, OR ACHIEVE EQUIVALENT OR GREATER ENERGY SAVINGS.
S 4. The energy law is amended by adding a new section 11-111 to read
as follows:
S 11-111. MANDATORY ENERGY EFFICIENCY RATING. 1. ALL NEW RESIDENTIAL
BUILDINGS SHALL BE REQUIRED TO UNDERGO A HOME ENERGY RATING SYSTEM
(HERS) RATING, AS DEFINED BY THE RESIDENTIAL ENERGY SERVICES NETWORK
(RESNET), BY A CERTIFIED HERS RATER, OR A RATING GENERATED THROUGH AN
EQUIVALENT RATING SYSTEM THAT INCLUDES MEASURING ACTUAL BUILDING
PERFORMANCE DATA, AS APPROVED BY THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY.
2. ALL NEW RESIDENTIAL BUILDINGS MUST DEMONSTRATE A TWENTY PERCENT OR
GREATER REDUCTION IN MODELED ENERGY CONSUMPTION AS COMPARED TO A REFER-
ENCE BUILDING OF THE SAME SIZE AND CONFIGURATION INCORPORATING ALL PRES-
CRIPTIVE STANDARDS OF THE NEW YORK STATE BUILDING ENERGY CODE, AS
EVIDENCED BY ACHIEVING A MINIMUM HERS RATING OF EIGHTY-FOUR ON THE
CURRENT EXPANDED HERS SCORING SYSTEM ADOPTED BY THE STATE OF NEW YORK,
OR IF APPROVED BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT
AUTHORITY AN INDEX OF EIGHTY OR LESS AS DEFINED IN THE "2006 MORTGAGE
INDUSTRY NATIONAL HOME ENERGY RATING SYSTEMS STANDARDS," PROMULGATED BY
THE RESNET, OR A RATING OR SCORE THAT DEMONSTRATES EQUIVALENT ENERGY
PERFORMANCE AS DETERMINED BY ANY OTHER SUCCESSOR RATING SYSTEM APPROVED
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY WHICH
INCLUDES MEASURING ACTUAL BUILDING PERFORMANCE DATA.
3. ALL NEW RESIDENTIAL BUILDINGS INCLUDING A SINGLE DWELLING UNIT OF
SIX THOUSAND FEET OR GREATER FLOOR AREA MUST DEMONSTRATE A THIRTY-FIVE
PERCENT OR GREATER REDUCTION IN MODELED ENERGY CONSUMPTION AS COMPARED
TO A REFERENCE BUILDING OF THE SAME SIZE AND CONFIGURATION BUILT TO THE
MINIMUM PRESCRIPTIVE STANDARDS OF THE NEW YORK STATE BUILDING ENERGY
CODE, AS EVIDENCED BY ACHIEVING A MINIMUM HERS RATING OR EIGHTY-SEVEN ON
THE CURRENT EXPANDED HERS SCORING SYSTEM ADOPTED BY THE STATE OF NEW
YORK, AN INDEX OF SIXTY-FIVE OR LESS AS DEFINED IN THE "2006 MORTGAGE
A. 10288--A 3
INDUSTRY NATIONAL HOME ENERGY RATING SYSTEMS STANDARDS," PROMULGATED BY
RESNET, OR A RATING OR SCORE THAT DEMONSTRATES EQUIVALENT ENERGY
PERFORMANCE AS DETERMINED BY ANY OTHER SUCCESSOR RATING SYSTEM APPROVED
BY THE NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY WHICH
INCLUDES MEASURING ACTUAL BUILDING PERFORMANCE DATA.
S 5. This act shall take effect immediately.