NY State Senate Bill 2025-S7998A

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
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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 07, 2026	print number 7998a
May 07, 2026	amend (t) and recommit to housing, construction and community development
Jan 07, 2026	referred to housing, construction and community development
May 15, 2025	referred to housing, construction and community development

Bill Amendments

Original

A (Active)

co-Sponsors

2025-S7998 - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L

2025-S7998 - Summary

Enacts the "low-carbon building construction act"; relates to requiring construction of any building, addition or renovation greater than 25,000 square feet meet certain standards intended to reduce the embodied carbon emissions associated with the construction.

2025-S7998 - 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 - 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.

co-Sponsors

2025-S7998A (ACTIVE) - Details

Current Committee:: Senate Housing, Construction And Community Development
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L

2025-S7998A (ACTIVE) - Summary

2025-S7998A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7998A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "low-car-
bon building construction act"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a framework to reduce embodied carbon emissions in
building construction by requiring large projects to meet phased emis-
sions reduction targets and offers flexible compliance pathways.

 
SUMMARY OF PROVISIONS:

Section one of the bill provides that this act shall be known and may be
cited as the "Low-Carbon Building Construction Act."

Section two of the bill adds a new section 382-c to the executive law to
establish a framework for reducing embodied carbon emissions in building
construction and provides definitions.

Section two of new section 382-c requires the department to amend the
building code, as necessary, to achieve specified embodied carbon emis-
sion reductions, and applies these requirements to new construction,
additions, and renovations over 25,000 square feet and establishes
multiple compliance pathways, including reuse of a significant portion
of an existing building structure, demonstrating reductions in embodied
carbon emissions compared to industry averages, or conducting a whole
building life-cycle assessment demonstrating emissions reductions rela-
tive to a comparable reference building.

Section three of new section 382-c sets phased embodied carbon reduction
targets, requiring a 15% reduction by 2030 and a 30% reduction by 2033.

Section four of new section 382-c requires the designation of a design
professional of record responsible for embodied carbon calculations and
reporting, mandates attestations of compliance, and requires updated
calculations based on conditions using environmental product declara-
tions. This section also directs the department to develop standardized
reporting tools and to create a public-facing website with guidance,
resources, and compliance tools.

Section five of new section 382-c requires the department to conduct
annual audits, public audit results, and report to the Governor and
Legislature on baseline emissions, progress toward reduction targets,
and key findings from collected data.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

The building sector is a significant source of greenhouse gas emissions,
not only from building operations but also from the "embodied carbon"
associated with the manufacturing and transportation of construction
materials. As New York continues to decarbonize building operations,
embodied carbon emissions represent a growing share of the sector's

overall climate impact that is not currently addressed in the building
code.

Currently, there is no statewide framework requiring the measurement or
reduction of embodied carbon in construction projects. Other jurisdic-
tions have begun to incorporate similar approaches. For example,
California's CALGreen building code includes compliance pathways that
allow projects to demonstrate reduced embodied carbon through material
efficiency, reuse, and life-cycle assessment.

This legislation establishes a clear and flexible framework to reduce
embodied carbon emissions in large building projects by integrating
emissions accounting and reduction targets into the state building code.
It provides multiple compliance pathways, including reuse of existing
structures, use of low-carbon materials, and whole building life-cycle
assessments. This bill will help drive demand for low-carbon
construction materials, support innovation in the building sector, and
reduce lifecycle emissions from buildings.

 
LEGISLATIVE HISTORY:

2025: S7998 (Kavanagh) - Referred to Housing, Construction, and Communi-
ty Development A8456 (Kelles) - Referred to Governmental Operations

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S7998A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7998--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sens. KAVANAGH, CLEARE -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Housing,
   Construction and Community Development -- recommitted to the Committee
   on  Housing, Construction and Community Development in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to enacting the "low-car-
   bon building construction act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "low-carbon building construction act".
   §  2.  The  executive  law is amended by adding a new section 382-c to
 read as follows:
   § 382-C. LOW-CARBON BUILDING CONSTRUCTION.   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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD11868-03-6
 S. 7998--A                          2
 
 INSTALLATION,   MAINTENANCE,   AND  DISPOSAL  OF  CONSTRUCTION  PRODUCTS
 THROUGHOUT THE PRODUCT'S LIFE;
   (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. THE CODE SHALL REQUIRE CONSTRUCTION OF ANY BUILDING,  ADDITION,  OR
 RENOVATION  GREATER  THAN  TWENTY-FIVE  THOUSAND  SQUARE FEET TO MEET AT
 LEAST ONE OF THE FOLLOWING STANDARDS INTENDED  TO  REDUCE  THE  EMBODIED
 CARBON EMISSIONS ASSOCIATED WITH THE CONSTRUCTION.
   (A)  CONSTRUCTION  OF  A  BUILDING MAY COMPLY WITH THE REQUIREMENTS OF
 THIS SECTION BY MAINTAINING AND REUSING AT LEAST FORTY-FIVE  PERCENT  OF
 AN  EXISTING  STRUCTURE  AND/OR ENVELOPE IF THE BUILDING DOES NOT EXCEED
 THE SQUARE FOOTAGE OF THE EXISTING STRUCTURE BY MORE THAN FIFTY PERCENT.
 THE CODE OR RULES ADOPTED  BY  THE  DEPARTMENT  SHALL  SPECIFY  HOW  THE
 PERCENTAGE  OF  AN  EXISTING  STRUCTURE  MAINTAINED  AND REUSED SHALL BE
 CALCULATED, SUCH AS BY COST, MASS, AREA, VOLUME, AND/OR  OTHER  SUITABLE
 METRICS.
   (B)  CONSTRUCTION  OF  A  BUILDING, ADDITION, OR RENOVATION MAY COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION BY DEMONSTRATING, AND REQUIRING 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 EACH COVERED PRODUCT AND SUMMED UP
 AT THE PROJECT LEVEL, ACHIEVES THE REDUCTION IN  EMBODIED  CARBON  EMIS-
 SIONS  SET  FORTH  IN SUBDIVISION THREE OF THIS SECTION WHEN COMPARED TO
 THE PROJECT'S SUMMED INDUSTRY AVERAGE GLOBAL WARMING POTENTIAL. BUILDING
 PROJECTS SHALL USE PROJECT-SPECIFIC MATERIAL QUANTITIES AND PRODUCT  AND
 FACILITY-SPECIFIC  ENVIRONMENTAL  PRODUCT  DECLARATIONS  TO  DEMONSTRATE
 COMPLIANCE. THE CODE OR RULES ADOPTED BY THE  DEPARTMENT  SHALL  SPECIFY
 HOW  COVERED  MATERIALS  SHALL  BE  CALCULATED,  SUCH  AS BY COST, MASS,
 VOLUME, AND/OR OTHER SUITABLE METRICS, AND SHALL ESTABLISH HOW  INDUSTRY
 AVERAGES SHALL BE DETERMINED.
   (C)  CONSTRUCTION  OF  A  BUILDING, ADDITION, OR RENOVATION MAY COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION BY DEMONSTRATING THROUGH  A  WHOLE
 BUILDING  LIFE-CYCLE  ASSESSMENT THAT THE PROJECT ACHIEVES THE REDUCTION
 IN EMBODIED CARBON EMISSIONS SET FORTH  IN  SUBDIVISION  THREE  OF  THIS
 SECTION  WHEN COMPARED AGAINST A REFERENCE BUILDING THAT IS FUNCTIONALLY
 EQUIVALENT IN SIZE, GEOGRAPHIC LOCATION, FUNCTION, AND THERMAL  PERFORM-
 ANCE. THE MATERIALS AND MATERIAL QUANTITIES IN THE PROPOSED BUILDING AND
 THE  REFERENCE  BUILDING MAY VARY, PROVIDED THAT THE BUILDINGS ARE FUNC-
 TIONALLY EQUIVALENT.
   3. THE CODE SHALL REQUIRE THAT TO BE IN COMPLIANCE WITH  THIS  SECTION
 PURSUANT  TO  PARAGRAPH  (B)  OR (C) OF SUBDIVISION TWO OF THIS SECTION,
 CONSTRUCTION PROJECTS COMMENCED ON OR AFTER JANUARY FIRST, TWO  THOUSAND
 THIRTY  AND  ON OR BEFORE DECEMBER THIRTY-FIRST, TWO THOUSAND THIRTY-TWO
 S. 7998--A                          3
 
 SHALL ACHIEVE A FIFTEEN PERCENT REDUCTION IN EMBODIED  CARBON  EMISSIONS
 FROM  A  PROJECT-WIDE  STATIC BASELINE USING THE CARBON LEADERSHIP FORUM
 2030 MATERIALS BASELINES OR COMPARABLE INDUSTRY DATA  SOURCES  SPECIFIED
 IN  THE  CODE  OR  BY  RULES ADOPTED BY THE DEPARTMENT, AND CONSTRUCTION
 PROJECTS COMMENCED ON OR AFTER JANUARY FIRST, TWO THOUSAND  THIRTY-THREE
 SHALL  ACHIEVE  A  THIRTY PERCENT REDUCTION IN EMBODIED CARBON EMISSIONS
 FROM SUCH PROJECT-WIDE STATIC BASELINE.
   4. (A) THE DESIGN PROFESSIONAL OF RECORD RESPONSIBLE FOR THE  EMBODIED
 CARBON  CALCULATIONS  AND REPORTING FOR ANY CONSTRUCTION PROJECT SUBJECT
 TO THE REQUIREMENTS OF THIS SECTION SHALL BE SPECIFIED IN THE  ARCHITECT
 OF  RECORD  CONSTRUCTION  DOCUMENTS.  THE  DESIGN PROFESSIONAL OF RECORD
 SHALL STAMP AN ATTESTATION THAT THE DESIGNED BUILDING COMPLIES WITH  THE
 CODE  REQUIREMENTS  AND  ANY RULES ADOPTED BY THE DEPARTMENT PURSUANT TO
 THIS SECTION. THE ATTESTATION SHALL BE SUBMITTED ALONG WITH  THE  PERMIT
 AND DOCUMENTS SHOWING COMPLIANCE.
   (B)  FOR  A BUILDING TO BE IN COMPLIANCE WITH THIS SECTION PURSUANT TO
 PARAGRAPH (B) OF SUBDIVISION TWO OF THIS  SECTION,  THE  DESIGN  PROFES-
 SIONAL  OF  RECORD  SHALL  UPDATE QUANTITY AND EMBODIED CARBON EMISSIONS
 CALCULATIONS BASED ON PRODUCT AND FACILITY-SPECIFIC ENVIRONMENTAL  PROD-
 UCT  DECLARATIONS  FROM PROCURED PRODUCTS AND ATTEST THAT THEY ARE ACCU-
 RATE 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.
   (C)  FOR  ANY CONSTRUCTION PROJECT SUBJECT TO THE REQUIREMENTS OF THIS
 SECTION, THE DEPARTMENT SHALL PROVIDE A WORKSHEET  TO  BE  COMPLETED  BY
 PROJECT TEAMS FOR CONSISTENT REPORTING.
   (D)  THE DESIGN PROFESSIONAL OF RECORD SHALL ENTER ALL EMBODIED CARBON
 EMISSIONS REDUCTION DATA ON A STANDARD FORM AND PUBLIC DATABASE  CREATED
 AND  MAINTAINED  BY  THE  DEPARTMENT.   AT A MINIMUM, THE DATABASE SHALL
 INDICATE WHETHER THE COMPLIANCE PATHWAY UNDER PARAGRAPH (A), (B), OR (C)
 OF SUBDIVISION TWO OF THIS SECTION WAS SELECTED, AND SHALL INCLUDE BASIC
 INFORMATION ABOUT THE PROJECT, PROJECT AREA,  THE  REPORTING  WORKSHEET,
 AND HOW THE PROJECT MET THE STANDARDS FOR THE SELECTED PATHWAY.
   (E)  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;
   (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
 PURSUANT TO PARAGRAPH (C) OF SUBDIVISION TWO OF THIS SECTION.
   (F) THE DEPARTMENT SHALL CONDUCT RANDOM AUDITS  ON  THREE  PERCENT  OF
 PROJECTS SUBJECT TO THE REQUIREMENTS OF THIS SECTION ANNUALLY, AND SHALL
 MAKE AUDIT RESULTS PUBLIC.
   5.  THE  DEPARTMENT SHALL REPORT TO THE GOVERNOR AND THE LEGISLATURE A
 BASELINE ASSESSMENT OF GLOBAL WARMING POTENTIAL OF BUILDING CONSTRUCTION
 AS DEFINED BY THIS SECTION BY DECEMBER THIRTY-FIRST, TWO THOUSAND  TWEN-
 TY-NINE,  AND  PROGRESS  TOWARDS  ACHIEVING  REDUCTIONS IN ANNUAL GLOBAL
 WARMING POTENTIAL OF BUILDING CONSTRUCTION BY DECEMBER THIRTY-FIRST, TWO
 THOUSAND THIRTY-TWO, AND EVERY THREE YEARS THEREAFTER.
   § 3. This act shall take effect immediately.

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Senate Bill S7998A

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

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2025-S7998 - Details

2025-S7998 - Summary

2025-S7998 - Sponsor Memo

2025-S7998 - Bill Text download pdf

co-Sponsors

2025-S7998A (ACTIVE) - Details

2025-S7998A (ACTIVE) - Summary

2025-S7998A (ACTIVE) - Sponsor Memo

2025-S7998A (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian Kavanagh

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

Actions

Bill Amendments

co-Sponsors

Cordell Cleare

2025-S7998 - Details

2025-S7998 - Summary

2025-S7998 - Sponsor Memo

2025-S7998 - Bill Text download pdf

co-Sponsors

Cordell Cleare

2025-S7998A (ACTIVE) - Details

2025-S7998A (ACTIVE) - Summary

2025-S7998A (ACTIVE) - Sponsor Memo

2025-S7998A (ACTIVE) - Bill Text download pdf

Comments