S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3559
 
                        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 -- read once and referred
   to the Committee on Governmental Operations
 
 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, WITHIN TWELVE MONTHS OF
 SUCH 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.
   §  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.
   §  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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05956-01-1

 A. 3559                             2
 
   2. 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 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, or  achieve  equivalent  or  greater  energy  savings]
 SHALL,  WITHIN  TWELVE  MONTHS  OF  THE  PUBLICATION  OF EACH REVISED OR
 UPDATED EDITION OF THE INTERNATIONAL ENERGY  CONSERVATION  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.
   § 4. This act shall take effect immediately.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3559--A
 
                        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 -- read once and
   referred to the Committee  on  Governmental  Operations  --  committee
   discharged, bill amended, 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, TWELVE 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
 ACT,  THE COUNCIL SHALL, AS SOON AS PRACTICABLE AND NO LATER THAN TWELVE
 MONTHS AFTER THE EFFECTIVE DATE OF THIS  ACT,  CAUSE  THE  UNIFORM  FIRE
 PREVENTION AND BUILDING CODE TO BE UPDATED TO REFLECT SUCH CHANGES.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05956-03-1

 A. 3559--A                          2
 
 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 TWELVE MONTHS AFTER THE PUBLICATION OF
 EACH REVISED OR UPDATED EDITION OF THE INTERNATIONAL ENERGY CONSERVATION
 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
 ACT,  THE COUNCIL SHALL, AS SOON AS PRACTICABLE AND NO LATER THAN TWELVE
 MONTHS AFTER THE EFFECTIVE DATE OF THIS  ACT,  CAUSE  THE  STATE  ENERGY
 CONSERVATION CONSTRUCTION CODE TO BE UPDATED TO REFLECT SUCH CHANGES.
   § 4. This act shall take effect immediately.