S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5249--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               March 7, 2023
                                ___________
 
 Introduced by M. of A. HUNTER, PEOPLES-STOKES, WALLACE, JACOBSON -- 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, 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.
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06858-03-3
              

 A. 5249--A                          2
 
 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 374 of the laws of 2022, 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 (i) whether the life-cycle costs for a building will be  recov-
 ered  through savings in energy costs over the design life of the build-
 ing under a life-cycle cost  analysis  performed  under  methodology  as
 established  by  the  New  York  state  energy  research and development
 authority in regulations which may be updated from  time  to  time,  and
 (ii) secondary or societal effects, such as reductions in greenhouse gas
 emissions,  as defined in regulations. Before publication of a notice of
 proposed rule making establishing the methodology or defining  secondary
 or societal effects, the president of the authority shall conduct public
 meetings to provide meaningful opportunities for public comment from all
 segments  of  the  population that would be impacted by the regulations,
 including persons living in disadvantaged communities as  identified  by
 the  climate  justice working group established under section 75-0111 of
 the environmental conservation law.  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 the
 then most recently published [ASHRAE] ANSI/ASHRAE/IESNA  STANDARD  90.1,
 or achieve equivalent or greater energy savings.
   (b) When adopting the first amended version of the code next following
 the  effective  date  of [the] chapter THREE HUNDRED SEVENTY-FOUR of the
 laws of two thousand twenty-two [that  added  this  paragraph]  and  any
 subsequent  codes,  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 CONSERVATION CODE AND THE ANSI/ASHRAE/IESNA  STANDARD  90.1,  use
 its  best  efforts  to  adopt  provisions for residential buildings that
 achieve energy savings greater than energy savings achieved by the  then
 most  recently  published  International Energy Conservation Code and to
 adopt provisions for commercial buildings that  achieve  energy  savings
 greater than energy savings achieved by the then most recently published
 [ASHRAE]  ANSI/ASHRAE/IESNA STANDARD 90.1, both at levels recommended by
 the New York state energy research and development  authority,  provided
 that the state fire prevention and building code council determines that
 such  advanced  energy  savings  can be achieved while still meeting the
 cost effectiveness considerations contemplated by this subdivision.
   (C) 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 AND THE ANSI/ASHRAE/IESNA STANDARD 90.1, CAUSE THE STATE ENER-
 A. 5249--A                          3
 
 GY  CONSERVATION  CONSTRUCTION  CODE TO BE UPDATED TO REFLECT CHANGES IN
 ANY SUCH REVISED OR UPDATED EDITION.  TO THE EXTENT THAT THE STATE ENER-
 GY CONSERVATION CONSTRUCTION CODE HAS NOT BEEN UPDATED TO REFLECT CHANG-
 ES  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.