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This entry was published on 2024-05-03
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SECTION 11-103
Applications
Energy (ENG) CHAPTER 17-A, ARTICLE 11
³ 11-103. Applications. 1. (a) The state energy conservation
construction code adopted by the state fire prevention and building code
council and consisting of a building energy code for residential
buildings throughout the state and a building energy code for commercial
buildings throughout the state is continued until amended or a new code
is adopted and effective.

(b) The code shall apply to the construction of any new building. The
code shall also apply to an addition to, and alteration of, any existing
building or building system; provided, however, that the code shall not
be interpreted to require any unaltered portion of the existing building
or building system to comply with the code. The code shall be subject to
such other exceptions as may be adopted by the state fire prevention and
building code council provided that such exceptions shall not prevent
the attainment of the compliance goals set forth in section 410(2)(c) of
the American Recovery and Reinvestment Act of 2009.

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
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
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 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 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 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
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.

* 3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are
exclusively within the statutory jurisdiction of the public service
commission, the department of environmental conservation, or another
state entity.

* NB Effective until December 31, 2040

* 3. Notwithstanding any other provision of law, the state fire
prevention and building code council in accordance with the mandate
under this article shall have exclusive authority among state agencies
to promulgate a construction code incorporating energy conservation
features and clean energy features applicable to the construction of any
building, including but not limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by any
other state agency, incorporating specific energy conservation and clean
energy requirements applicable to the construction of any building,
shall be superseded by the code promulgated pursuant to this section.
Notwithstanding the foregoing, nothing in this section shall be deemed
to expand the powers of the council to include matters that are
exclusively within the statutory jurisdiction of the public service
commission, the department of environmental conservation, the office of
renewable energy siting or another state entity.

* NB Effective December 31, 2040

4. The secretary of state is authorized to issue written
interpretations of the code upon written request of a permit applicant
or the official responsible for the administration and enforcement of
the provisions of the code. Subsequent enforcement of the code shall be
consistent with such written interpretations.