S T A T E O F N E W Y O R K
________________________________________________________________________
7282
2025-2026 Regular Sessions
I N A S S E M B L Y
March 24, 2025
___________
Introduced by M. of A. McDONALD -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to permitting unvented
attics and unvented enclosed rafter assemblies to be sealed with air-
impermeable insulation in order to help attain building decarboniza-
tion goals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings and intent. The legislature hereby
finds and declares it necessary to amend the state fire and building
code to better align with the Climate Leadership and Community
Protection Act.
New York's six million buildings are responsible for around one-third
of statewide greenhouse gas emissions. Advancing building energy effi-
ciency and electrification is a cornerstone of the state's efforts to
achieve carbon neutrality and meet emissions reduction goals.
Modernizing and decarbonizing New York's buildings will also create
healthier living and working environments, reduce consumer energy costs,
and add thousands of local clean energy and energy efficiency jobs.
As New York state transitions into all-electric building construction,
a well-insulated and sealed home is integral for the maximum efficiency
of a heat pump and onsite renewables. Buildings with HVAC equipment and
ducts located in a vented attic have excessive energy consumption
because of the inhospitable environment in which they are located.
Unvented attics and unvented enclosed rafter assemblies sealed with
air-impermeable insulation provides additional benefits as heat pumps
and onsite renewables work best in spaces that don't waste energy due to
low insulation levels or airflow leaks. The use of air-impermeable insu-
lation in this manner aids the state's efforts and targets on building
decarbonization and energy efficiency.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10302-01-5
A. 7282 2
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I would like to make a statement in opposition to Senate Bill 5940. Though I believe this bill was made with the intention to reduce greenhouse gases, it will do the opposite. The reason why is in the details of how the Energy Code works, coupled with typical home construction in New York and the significantly higher embodied carbon in air-impermeable spray foam insulation.
The higher the R-value of insulation, the better it works. Currently, New York has a R-49 prescriptive attic insulation requirement is the existing 2020 version of the state Energy Code and the next state Energy Code, based on the 2024 IECC, also has a R-49 prescriptive requirement. This proposed legislation reduces the R-value from R-49 to R-30 if you use an air impermeable spray foam insulation. Reducing the ceiling insulation R-value by almost 39% will increase energy use and carbon emissions. That is a fact.
The 2024 IECC already requires the 2.5 ACH50 blower door test that is proposed in this bill. Any insulation, including cellulose and fiberglass, can achieve that level of air-tightness with a little caulk and attention to detail. Why incentivize the insulation type with the highest embodied carbon? It makes no sense. Most homes in New York are already being built with the HVAC in conditioned space so this addition to the bill would not save energy or reduce carbon in typical homes. Additionally, the 2024 IECC which the next version of New York's Energy Code is based on, already has a mechanism in place to properly account for those energy savings associated with bringing the HVAC into conditioned space. Unvented attics that are well sealed can save energy but not when you significantly reduce the R-value required.
What this bill actually does is clearly not understood and the bill appears to be a product of a special interest and will not be a benefit to the people of New York whatsoever.