S T A T E O F N E W Y O R K
________________________________________________________________________
3559--B
2021-2022 Regular Sessions
I N A S S E M B L Y
January 27, 2021
___________
Introduced by M. of A. HUNTER, PEOPLES-STOKES, WALLACE, GRIFFIN, GALEF,
JACOBSON -- read once and referred to the Committee on Governmental
Operations -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee -- recommitted to the
Committee on Governmental Operations in accordance with Assembly Rule
3, sec. 2 -- again reported from said committee with amendments,
ordered reprinted as amended and recommitted to said committee
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:
Section 1. Subdivision 2 of section 377 of the executive law is renum-
bered subdivision 3 and a new subdivision 2 is added to read as follows:
2. EACH TIME A REVISED OR UPDATED EDITION OF THE INTERNATIONAL BUILD-
ING CODE, THE INTERNATIONAL FIRE CODE, THE INTERNATIONAL RESIDENTIAL
CODE, THE INTERNATIONAL PLUMBING CODE, THE INTERNATIONAL MECHANICAL
CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL EXISTING BUILD-
ING CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE OR THE NATIONAL
ELECTRICAL CODE IS PUBLISHED, THE COUNCIL SHALL, EIGHTEEN MONTHS AFTER
PUBLICATION OF A REVISED OR UPDATED EDITION, CAUSE THE UNIFORM FIRE
PREVENTION AND BUILDING CODE TO BE UPDATED TO REFLECT CHANGES IN ANY
SUCH REVISED OR UPDATED EDITION. TO THE EXTENT THAT THE UNIFORM FIRE
PREVENTION AND BUILDING CODE HAS NOT BEEN UPDATED TO REFLECT CHANGES IN
ANY SUCH REVISED OR UPDATED EDITION AS OF THE EFFECTIVE DATE OF THIS
SUBDIVISION, THE COUNCIL SHALL, AS SOON AS PRACTICABLE AND NO LATER THAN
EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, CAUSE THE
UNIFORM FIRE PREVENTION AND BUILDING CODE TO BE UPDATED TO REFLECT SUCH
CHANGES.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05956-04-2
A. 3559--B 2
§ 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] POLICIES set forth
in subdivision two of section 3-101 of this chapter AND IN CHAPTER ONE
HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN ENACTING THE NEW YORK
STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT, 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 conser-
vation techniques be used in the design and construction of all public
and private buildings in the state.
§ 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. (A) The state fire prevention and building code council is author-
ized, 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 deter-
mining whether the code remains cost effective, the code council shall
consider whether 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]. 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] THE THEN MOST RECENTLY PUBLISHED ANSI/ASHRAE/IESNA
STANDARD 90.1, or achieve equivalent or greater energy savings.
(B) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL, AS SOON
AS PRACTICABLE AND NO LATER THAN EIGHTEEN MONTHS AFTER THE PUBLICATION
OF EACH REVISED OR UPDATED EDITION OF THE INTERNATIONAL ENERGY CONSERVA-
TION CODE OR THE ANSI/ASHRAE/IESNA STANDARD 90.1, CAUSE THE STATE ENERGY
CONSERVATION CONSTRUCTION CODE TO BE UPDATED TO REFLECT CHANGES IN ANY
SUCH REVISED OR UPDATED EDITION. TO THE EXTENT THAT THE STATE ENERGY
CONSERVATION CONSTRUCTION CODE HAS NOT BEEN UPDATED TO REFLECT CHANGES
IN ANY SUCH REVISED OR UPDATED EDITION AS OF THE EFFECTIVE DATE OF THIS
PARAGRAPH, THE COUNCIL SHALL, AS SOON AS PRACTICABLE AND NO LATER THAN
EIGHTEEN MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, CAUSE THE
STATE ENERGY CONSERVATION CONSTRUCTION CODE TO BE UPDATED TO REFLECT
SUCH CHANGES.
§ 4. This act shall take effect immediately.