Senate Bill S8621

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8621
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             December 17, 2025
                                ___________
 
 Introduced  by  Sen. MATTERA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the energy law, in relation  to  returning  the  state's
   energy  codes to the 2020 provisions; and to repeal certain provisions
   of such law relating to the  state  energy  conservation  construction
   code

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of  section  3-101  of  the  energy  law,  as
 amended  by  chapter  374  of  the  laws  of 2022, is amended to read as
 follows:
   2. to encourage conservation of energy [and to promote the clean ener-
 gy and climate agenda, including  but  not  limited  to  greenhouse  gas
 reduction,  set  forth within chapter one hundred six of the laws of two
 thousand nineteen, also known as the New York state  climate  leadership
 and  community protection act,] in the construction and operation of new
 commercial, industrial, agricultural and residential buildings,  and  in
 the  rehabilitation  of  existing  structures, through heating, cooling,
 ventilation, lighting, insulation and design techniques and the  use  of
 energy audits and life-cycle costing analysis;
   §  2. Subdivision 3 of section 11-102 of the energy law, as amended by
 chapter 374 of the laws of 2022, is amended to read as follows:
   3.  "ASHRAE  [90.1]  90.1-2016."    ANSI/ASHRAE/IES  Standard   [90.1]
 90.1-2016, entitled "Energy Standard for Buildings Except Low-Rise Resi-
 dential  Buildings," published by American Society of Heating, Refriger-
 ating and Air-Conditioning Engineers, Inc.
   § 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
 authorized, from time to time as it  deems  appropriate  and  consistent
 with  the  purposes  of  this  article, to review and amend the code, or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14268-01-5
              

 S. 8621                             2
 
 adopt a new code, through rules and regulations provided that  the  code
 remains  cost  effective  with  respect  to building construction in the
 state. In determining whether the code remains cost effective, the  code
 council  shall consider [(i) whether the life-cycle costs for a building
 will be recovered through savings in energy costs over the  design  life
 of the building under a life-cycle cost analysis performed under method-
 ology  as established by the New York state energy research and develop-
 ment 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 second-
 ary  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 regu-
 lations, including persons living in disadvantaged communities as  iden-
 tified  by  the  climate justice working group established under section
 75-0111 of the environmental conservation law] WHETHER THE COST OF MATE-
 RIALS AND THEIR INSTALLATION NECESSARY TO MEET CODE 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] 2018 International Energy Conserva-
 tion Code, or achieve equivalent or  greater  energy  savings;  and  for
 commercial  buildings,  the  code  shall  meet  or exceed [the then most
 recently published] ASHRAE [90.1] 90.1-2016, or  achieve  equivalent  or
 greater energy savings.
   [(b)  When adopting the first amended version of the code next follow-
 ing the effective date of the chapter of the laws of two thousand  twen-
 ty-two  that  added  this  paragraph and any subsequent codes, the state
 fire prevention and building code council shall 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  90.1,  both
 at levels recommended by the New York state energy research and develop-
 ment  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.]
   § 4. Subdivisions 6, 7, 8 and 9 of section 11-104 of  the  energy  law
 are REPEALED.
   § 5. This act shall take effect immediately.