NY State Senate Bill 2025-S7998

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 15, 2025	referred to housing, construction and community development

2025-S7998 (ACTIVE) - Details

See Assembly Version of this Bill:: A8456
Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L

2025-S7998 (ACTIVE) - Summary

Relates to reducing the embodied carbon emissions of buildings and building materials; provides that construction permitted under the state building code shall achieve a 15 percent reduction in embodied carbon emissions by 2030; provides three options for compliance.

2025-S7998 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7998

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to reducing the embodied
carbon emissions of buildings and building materials

 
PURPOSE OR GENERAL IDEA OF BILL:

To reduce embodied carbon emissions from large construction projects by
setting measurable reduction targets and offering flexible compliance
pathways.

 
SUMMARY OF PROVISIONS:

Section one of the bill adds new section 382-c to the executive law.

Section one of new section 382-c sets forth definitions.

Section two of new section 382-c directs the Department of State to
update the building code to reduce embodied carbon emissions in

construction projects 25,000 square feet or larger. Construction
projects may be in compliance through one of three methods:  preserving
part of an existing structure, reducing emissions from specific building
materials, or using a full building life-cycle assessment.

Section three of new section 382-c stipulates that building projects
meet carbon reduction requirements if they retain at least 45% of the
existing structure and envelope, provided that the project does not
expand the total area by more than 50%. This section also requires the
Department of State to set rules to define how the 45% will be
measured-whether by cost, mass, area, or volume.

Section four of new section 382-c provides an alternative compliance
path for carbon reduction by requiring projects to limit embodied carbon
emissions from building materials to meet targets based on comparisons
to industry averages. The Department of State shall also supply a stand-
ardized reporting worksheet.

Section five of new section 382-c provides for a third compliance path
for carbon reduction by requiring a whole building life-cycle assessment
to show that a project achieves embodied carbon reductions, compared to
a functionally equivalent reference building with the same size,
location, òfunction, and thermal performance. The Department of State
shall establish rules for how these assessments are conducted.

Section six of new section 382-c provides that construction projects,
permitted under the state building code, must achieve a 15% reduction in
embodied carbon emissions from a project-wide baseline by 2030, and a
30% reduction in embodied carbon emissions by 2033.

Section seven of new section 382-c requires that all embodied carbon
reduction data be submitted by the design professional of record to a
standardized public database managed by the Department of State. The
database will include key project details and documentation of compli-
ance. This section also requires the department to create a public
website offering educational resources, compliance guidance, tools, and

training materials. Additionally, the department is required to perform
audits on 3% of projects each year to ensure compliance.

Section eight of new section 382-c requires the Department of State to
publish progress reports on achieving the 30% embodied carbon emissions
reduction goal, starting by December 31, 2028, and every three years
thereafter. It must also report major findings from the product database
and audit results on the same schedule.

Section two of the bill sets forth the effective date.

 
JUSTIFICATION:

Embodied carbon-greenhouse gas emissions associated with building mate-
rials and construction processes-represents a significant portion of a
buildings total carbon footprint, especially upfront emissions that
occur before occupancy. This legislation establishes a comprehensive
framework to reduce embodied carbon emissions in large-scale
construction projects across the state, by taking a performance based
approach. This legislation allows flexibility through multiple compli-
ance pathways: reuse of existing building components, caps on emissions
from specific materials, or a whole building life-cycle assessment. This
flexibility ensures feasibility for different project types while driv-
ing innovation and accountability.

This legislation also sets clear reduction targets and provides the
building industry with a consistent long-term signal to decarbonize,
while allowing the industry to adapt to new standards and technologies.
Additionally, this legislation emphasizes transparency and education. A
centralized public database and an accessible educational website will
support designers, builders, and regulators, while regular progress and
audit reports will allow for the monitoring of effectiveness and make
data-driven adjustments.

Overall, this legislation supports New York State's climate goals,
fosters market transformation in construction, and ensures that emis-
sions reductions are real, measurable, verifiable.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7998 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7998
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT to amend the executive law, in relation to reducing the embodied
   carbon emissions of buildings and building materials

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 382-c
 to read as follows:
   § 382-C. EMBODIED CARBON EMISSION REDUCTION.  1. FOR THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "COVERED PRODUCTS" MEANS:
   (I)  STRUCTURAL  CONCRETE  PRODUCTS,  INCLUDING  READY MIX, SHOTCRETE,
 PRECAST, AND CONCRETE MASONRY UNITS;
   (II) REINFORCING STEEL PRODUCTS, INCLUDING REBAR AND  POST  TENSIONING
 TENDONS;
   (III) STRUCTURAL STEEL PRODUCTS, INCLUDING HOT ROLLED SECTIONS, HOLLOW
 SECTIONS, PLATE, OPEN-WEB STEEL JOISTS, AND METAL DECK;
   (IV)  ENGINEERED  WOOD PRODUCTS INCLUDING MASS TIMBER PRODUCTS SUCH AS
 LAMINATED VENEER LUMBER, PARALLEL STRAND LUMBER, CROSS-LAMINATED TIMBER,
 DOWEL LAMINATED TIMBER, NAIL LAMINATED TIMBER, GLULAM LAMINATED  TIMBER,
 GLULAM BEAMS AND COLUMNS, AND STRUCTURAL SAWN LUMBER; AND
   (V)  OTHER  MATERIALS  THE  DEPARTMENT  DESIGNATES BY RULE AND REVIEWS
 EVERY THREE YEARS;
   (B) "DESIGN PROFESSIONAL OF RECORD"  MEANS  A  LICENSED  ARCHITECT  OR
 ENGINEER;
   (C)  "EMBODIED  CARBON  EMISSIONS"  MEANS THE AMOUNT OF GREENHOUSE GAS
 EMISSIONS ASSOCIATED  WITH  THE  EXTRACTION,  MANUFACTURING,  TRANSPORT,
 INSTALLATION,   MAINTENANCE,   AND  DISPOSAL  OF  CONSTRUCTION  PRODUCTS
 THROUGHOUT THE PRODUCT'S LIFE;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11868-02-5
 S. 7998                             2

 
   (D) "GLOBAL WARMING POTENTIAL"  MEANS  THE  POTENTIAL  CLIMATE  CHANGE
 IMPACT  OF  A PRODUCT OR PROCESS AS MEASURED BY A LIFE-CYCLE ASSESSMENT.
 IT IS THE METRIC FOR TRACKING EMBODIED CARBON EMISSIONS AND IS  REPORTED
 IN UNITS OF CARBON DIOXIDE EQUIVALENT;
   (E) "PRODUCT AND FACILITY-SPECIFIC ENVIRONMENTAL PRODUCT DECLARATIONS"
 MEANS  A  TYPE  III ENVIRONMENTAL PRODUCT DECLARATION, AS DEFINED BY THE
 INTERNATIONAL ORGANIZATION FOR STANDARDIZATION STANDARD  14025,  REPRES-
 ENTING A SINGLE PRODUCT FROM A SINGLE MANUFACTURING FACILITY; AND
   (F)  "WHOLE  BUILDING  LIFE-CYCLE ASSESSMENTS" MEANS A CRADLE TO GRAVE
 ASSESSMENT COVERING LIFE-CYCLE STAGES A-C AS  DEFINED  BY  THE  INTERNA-
 TIONAL  ORGANIZATION  FOR  STANDARDIZATION  STANDARD  21931-1, EXCLUDING
 MODULES B6 AND B7, OR SIMILARLY ROBUST WHOLE BUILDING LIFE-CYCLE ASSESS-
 MENT METHODS OR WHOLE LIFE CARBON ASSESSMENT STANDARDS THAT EVALUATE THE
 ENVIRONMENTAL IMPACTS OF A BUILDING  INCLUDING,  AT  A  MINIMUM,  GLOBAL
 WARMING POTENTIAL.
   2.  (A) THE DEPARTMENT SHALL AMEND THE CODE AS NECESSARY TO ACCOMPLISH
 THE EMBODIED CARBON EMISSIONS REDUCTIONS ESTABLISHED IN SUBDIVISION  SIX
 OF THIS SECTION BY JANUARY FIRST, TWO THOUSAND TWENTY-SIX.
   (B)  THIS  SECTION SHALL APPLY TO ALL NEW CONSTRUCTION, ADDITIONS, AND
 RENOVATIONS TWENTY-FIVE THOUSAND SQUARE FEET OR LARGER.
   (C) THE DEPARTMENT MAY INTRODUCE FURTHER MORE  STRINGENT  CRITERIA  AS
 MORE DATA IS COLLECTED OVER TIME.
   (D)  PROJECTS COVERED UNDER THIS SECTION MAY CHOOSE ONE OF THE FOLLOW-
 ING OPTIONS TO  COMPLY  WITH  THE  EMBODIED  CARBON  EMISSION  REDUCTION
 REQUIREMENTS OF THIS SECTION:
   (I) MAINTAINING AN EXISTING PORTION OF A BUILDING STRUCTURE AND ENVEL-
 OPE PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
   (II)  DEMONSTRATING A REDUCTION IN A1 TO A3 LIFE-CYCLE STAGE EMISSIONS
 IN COVERED PRODUCTS PURSUANT TO SUBDIVISION FOUR OF THIS SECTION; OR
   (III) DEMONSTRATING EMBODIED CARBON EMISSIONS REDUCTION USING A  WHOLE
 BUILDING  LIFE-CYCLE  ASSESSMENT  PURSUANT  TO  SUBDIVISION FIVE OF THIS
 SECTION.
   3. (A) BUILDING PROJECTS THAT MAINTAIN AT LEAST FORTY-FIVE PERCENT  OF
 AN  EXISTING  STRUCTURE  AND  ENVELOPE  AND  DO  NOT ADD MORE THAN FIFTY
 PERCENT TO THE TOTAL AREA COMPLY  WITH  THE  EMBODIED  CARBON  EMISSIONS
 REDUCTIONS REQUIREMENTS ESTABLISHED IN SUBDIVISION SIX OF THIS SECTION.
   (B)  THE  DEPARTMENT  SHALL  ADOPT  RULES  TO DETERMINE HOW FORTY-FIVE
 PERCENT REUSE OF AN EXISTING STRUCTURE AND ENVELOPE SHALL BE CALCULATED,
 SUCH AS BY COST, MASS, AREA, OR VOLUME.
   4. (A) (I) AS AN ALTERNATIVE TO SUBDIVISION  THREE  OR  FIVE  OF  THIS
 SECTION,  ALL  BUILDING  PROJECTS  SHALL DEMONSTRATE, AND REQUIRE IN THE
 CONSTRUCTION DOCUMENTS, THAT THE LIFE-CYCLE STAGE A1 THROUGH A3 EMBODIED
 CARBON EMISSIONS OF THE COVERED PRODUCTS  USED,  MEASURED  IN  TERMS  OF
 GLOBAL  WARMING  POTENTIAL  FOR  COVERED  PRODUCTS  AND SUMMED UP AT THE
 PROJECT LEVEL, MEET THE GOALS ESTABLISHED IN  SUBDIVISION  SIX  OF  THIS
 SECTION  WHEN  COMPARED  TO THE PROJECT'S SUMMED INDUSTRY AVERAGE GLOBAL
 WARMING POTENTIAL.
   (II) TO ACHIEVE SUCH REDUCTION, BUILDING PROJECTS SHALL  USE  PROJECT-
 SPECIFIC  MATERIAL QUANTITIES AND PRODUCT AND FACILITY-SPECIFIC ENVIRON-
 MENTAL PRODUCT DECLARATIONS TO DEMONSTRATE COMPLIANCE.
   (B) THE DEPARTMENT SHALL ADOPT RULES TO DETERMINE HOW COVERED  MATERI-
 ALS SHALL BE CALCULATED, SUCH AS BY COST, MASS, OR VOLUME, AND ESTABLISH
 HOW INDUSTRY AVERAGE SHALL BE DETERMINED.
   (C)  THE  DESIGN  PROFESSIONAL  OF RECORD RESPONSIBLE FOR THE EMBODIED
 CARBON CALCULATIONS AND REPORTING SHALL BE SPECIFIED IN THE ARCHITECT OF
 RECORD CONSTRUCTION DOCUMENTS. THE DESIGN PROFESSIONAL OF  RECORD  SHALL
 S. 7998                             3
 
 STAMP  AN  ATTESTATION  THAT  THE  DESIGNED  BUILDING COMPLIES WITH THIS
 SECTION. THE ATTESTATION SHALL BE SUBMITTED ALONG WITH  THE  PERMIT  AND
 DOCUMENTS SHOWING COMPLIANCE.
   (D)  THE  DESIGN  PROFESSIONAL  OF  RECORD  SHALL  UPDATE QUANTITY AND
 EMBODIED CARBON EMISSIONS CALCULATIONS BASED ON  PRODUCT  AND  FACILITY-
 SPECIFIC  ENVIRONMENTAL  PRODUCT DECLARATIONS FROM PROCURED PRODUCTS AND
 ATTEST THAT THEY ARE ACCURATE AND COMPLY WITH THE CONSTRUCTION  DOCUMENT
 REQUIREMENTS  TO  THE BEST OF THE DESIGN PROFESSIONAL'S KNOWLEDGE. THESE
 CALCULATIONS SHALL BE VERIFIED AS ACCURATE WITHIN THE INDUSTRY  STANDARD
 OF CARE WITH A LETTER STAMPED BY A DESIGN PROFESSIONAL OF RECORD.
   (E)  THE  DEPARTMENT  SHALL  PROVIDE  A  WORKSHEET  TO BE COMPLETED BY
 PROJECT TEAMS FOR CONSISTENT REPORTING.
   5. (A) AS AN ALTERNATIVE TO THE REQUIREMENTS IN SUBDIVISIONS THREE AND
 FOUR OF THIS SECTION, BUILDING PROJECTS SHALL DEMONSTRATE  THE  EMBODIED
 CARBON  EMISSIONS  REDUCTION  COMPLIANT  WITH  SUBDIVISION  SIX  OF THIS
 SECTION, USING  A  WHOLE  BUILDING  LIFE-CYCLE  ASSESSMENT  AS  COMPARED
 AGAINST  A  FUNCTIONALLY  EQUIVALENT  REFERENCE  BUILDING. THE REFERENCE
 BUILDING SHALL BE THE SAME SIZE, GEOGRAPHIC LOCATION, FUNCTION AND THER-
 MAL PERFORMANCE. THE MATERIALS AND MATERIAL QUANTITIES IN  THE  PROPOSED
 BUILDING  AND  THE REFERENCE BUILDING MAY VARY, PROVIDED THAT THE BUILD-
 INGS ARE FUNCTIONALLY EQUIVALENT.
   (B) THE DEPARTMENT SHALL ADOPT RULES  TO  REQUIRE  COMPLIANCE  WITH  A
 QUANTIFICATION  STANDARD  FOR  BUILDING  LIFE-CYCLE GREENHOUSE GAS EMIS-
 SIONS. ALTERNATIVELY, THE DEPARTMENT MAY ADOPT RULES TO SPECIFY REQUIRED
 BUILDING ELEMENT SCOPE,  LIFE-CYCLE  STAGES,  REFERENCE  STUDY  PERIODS,
 IMPACT  CATEGORIES, ALLOWABLE DATA SOURCES, BIOGENIC CARBON MODELING AND
 REPORTING GUIDANCE, MATERIAL REUSE AND SALVAGE REPORTING  GUIDANCE,  AND
 AT  WHICH  DESIGN  STAGES  THE  ASSESSMENT SHOULD OCCUR. THE SCOPE SHALL
 INCLUDE, AT A MINIMUM, THE COVERED PRODUCTS.
   (C) THE DESIGN PROFESSIONAL OF RECORD  RESPONSIBLE  FOR  THE  EMBODIED
 CARBON CALCULATIONS AND REPORTING SHALL BE SPECIFIED IN THE ARCHITECT OF
 RECORD  CONSTRUCTION  DOCUMENTS  AND SHALL STAMP AN ATTESTATION THAT THE
 DESIGNED BUILDING COMPLIES WITH THIS SECTION. THE ATTESTATION  SHALL  BE
 SUBMITTED ALONG WITH THE PERMIT AND DOCUMENTS SHOWING COMPLIANCE.
   (D)  THE  DEPARTMENT  SHALL  PROVIDE  A  WORKSHEET  TO BE COMPLETED BY
 PROJECT TEAMS FOR CONSISTENT REPORTING.
   6. CONSTRUCTION PERMITTED UNDER  THE  CODE  SHALL  ACHIEVE  A  FIFTEEN
 PERCENT REDUCTION IN EMBODIED CARBON EMISSIONS FROM A PROJECT-WIDE STAT-
 IC BASELINE USING THE CARBON LEADERSHIP FORUM 2023 MATERIAL BASELINES OR
 COMPARABLE  INDUSTRY  AVERAGE DATA SOURCES DETERMINED BY THE DEPARTMENT,
 OR ACHIEVE A FIFTEEN PERCENT  REDUCTION  IN  EMBODIED  CARBON  EMISSIONS
 COMPARED  TO  THE REFERENCE BUILDING AS DESCRIBED IN SUBDIVISION FOUR OF
 THIS SECTION BY TWO  THOUSAND  THIRTY;  FOLLOWED  BY  A  THIRTY  PERCENT
 REDUCTION IN EMBODIED CARBON EMISSIONS BY TWO THOUSAND THIRTY-THREE.
   7.  (A)  ALL EMBODIED CARBON EMISSIONS REDUCTION DATA SHALL BE ENTERED
 BY THE DESIGN PROFESSIONAL OF RECORD ON A STANDARD FORM AND PUBLIC DATA-
 BASE CREATED AND MAINTAINED BY THE DEPARTMENT.  AT A MINIMUM, THE  DATA-
 BASE  SHALL  INCLUDE  BASIC INFORMATION ABOUT THE PROJECT, PROJECT AREA,
 WHICH COMPLIANCE PATHWAY WAS SELECTED, THE REPORTING WORKSHEET, AND  HOW
 THE PROJECT MET THE STANDARDS FOR THE SELECTED PATHWAY.
   (B)  THE  DEPARTMENT SHALL DEVELOP A PUBLIC-FACING WEBSITE WITH EDUCA-
 TIONAL RESOURCES TO SUPPORT IMPLEMENTATION. THE WEBSITE SHALL:
   (I) DETAIL THE EMBODIED CARBON EMISSIONS REDUCTION REQUIREMENTS IN THE
 CODE;
   (II) OUTLINE REPORTING REQUIREMENTS AND GUIDELINES;
   (III) PROVIDE INSTRUCTIONS FOR THE USE OF THE DATABASE;
 S. 7998                             4
 
   (IV) PROVIDE GUIDANCE FOR WHOLE BUILDING LIFE-CYCLE ASSESSMENTS;
   (V) PROVIDE CHECKLISTS, TEMPLATES, AND TRAINING TO SUPPORT IMPLEMENTA-
 TION; AND
   (VI) PROVIDE A LIST OF SOFTWARE THAT MAY BE USED TO SUPPORT COMPLIANCE
 WITH SUBDIVISION FIVE OF THIS SECTION.
   (C)  THE  DEPARTMENT  SHALL  CONDUCT RANDOM AUDITS ON THREE PERCENT OF
 PROJECTS ANNUALLY.
   8. (A) THE DEPARTMENT SHALL REPORT ITS PROGRESS TOWARDS ACHIEVING  THE
 THIRTY PERCENT REDUCTION IN ANNUAL EMBODIED CARBON EMISSIONS BY DECEMBER
 THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT, AND EVERY THREE YEARS THEREAFT-
 ER.
   (B)  THE  DEPARTMENT  SHALL REPORT MAJOR FINDINGS FROM THE DATABASE OF
 PRODUCTS AND AUDITS BY DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-EIGHT,
 AND EVERY THREE YEARS THEREAFTER.
   § 2. This act shall take effect immediately.

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Senate Bill S7998

Sponsored By

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S7998 (ACTIVE) - Details

2025-S7998 (ACTIVE) - Summary

2025-S7998 (ACTIVE) - Sponsor Memo

2025-S7998 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7998

Share this bill

Sponsored By

Brian Kavanagh

Current Bill Status - In Senate Committee Housing, Construction And Community Development Committee

2025-S7998 (ACTIVE) - Details

2025-S7998 (ACTIVE) - Summary

2025-S7998 (ACTIVE) - Sponsor Memo

2025-S7998 (ACTIVE) - Bill Text download pdf

Comments