S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5708
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section  1.  Subdivision  2  of  section  3-101  of the energy law, as
 amended by chapter 253 of the laws of 2013, 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, agricultural and residential  build-
 ings, 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 cost analysis, AND THROUGH OTHER
 TECHNIQUES REQUIRED OR AUTHORIZED BY THE MOST RECENTLY PUBLISHED  INTER-
 NATIONAL  ENERGY  CONSERVATION  CODE  AND  THE  MOST  RECENTLY PUBLISHED
 ANST/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;
   §  2.  Section  11-101 of the energy law, as amended by chapter 516 of
 the laws of 1984, is amended to read as follows:
   § 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09632-01-9

 A. 5708                             2
 
   §  3. Subdivision 2 of section 11-103 of the energy law, as amended by
 chapter 560 of the laws of 2010, is amended to read as follows:
   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 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,  or
 adopt  a new code, through rules and regulations [provided that the code
 remains cost effective with respect  to  building  construction  in  the
 state.  In determining whether the code remains cost effective, the code
 council shall consider whether the cost of materials and their installa-
 tion 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]. For residential
 buildings, the  code  shall  meet  or  exceed  the  then  most  recently
 published  International Energy Conservation Code, or achieve equivalent
 or greater energy savings; and for commercial buildings, the code  shall
 meet or exceed ASHRAE 90.1-2007, or achieve equivalent or greater energy
 savings.
   §  4. The energy law is amended by adding a new section 11-111 to read
 as follows:
   § 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 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, 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

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 TO  A REFERENCE BUILDING OF THE SAME SIZE AND CONFIGURATION BUILT TO THE
 MINIMUM PRESCRIPTIVE STANDARDS OF THE 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, AN INDEX OF
 SIXTY-FIVE OR LESS AS DEFINED IN THE "2006  MORTGAGE  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.
   § 5. This act shall take effect immediately.