Relates to updating the state energy conservation construction code

Summary of provisions

Section 1: Amends chapter 820 of the laws of 1976 to add a new subdivision 2a. Adds language requiring residential struc- tures to meet the most recent publicized international energy conserva- tion code and the most recent publicized ANSI/ASHRAE/IESNA standards. Allows for an effective administration and enforcement of the conserva- tion code so that there is a minimum of ninety percent compliance.

Section 2: Amends section 11-101 to allow for reasonable energy conser- vation in commercial buildings.

Section 3: Amends section 11-103 to require state fire prevention and building code council to regulate residential buildings within eighteen month of new publication. Furthermore requires buildings to maintain this level of energy efficiency.

Section 4: Amends Section 11-111 to require all new residential build- ings to undergo a Home Energy Rating System (HERS). Requires all new residential buildings to have a minimum score on the HERS rating scale.

Section 5: This will take effect immediately.

Justification

This legislation will amend the State Energy Conservation Construction code to create a higher standard for the energy efficiency of new homes. Similar to recommendations in the New York State Energy Plan, and provisions of other proposed legislation, it will require the State Fire Prevention and Building Code Council to update the State Construction Codes in a more timely manner, however it proposes a tight- er time frame for the updates. The most recent update to the New York State Energy Conservation Construction Code has taken 6 years since updated standards were released by the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE). The New York State Energy Plan has criticized this delay, and recommends requiring updates to be completed within in three years of the release of new ASHRAE standards. Legislation advanced by the Governor follows this recommendation. This legislation would require new standards, which have already completed extensive review by ASHRAE and the International Codes Council, to be incorporated into the New York Energy Conservation Construction Code within eighteen months.

This bill is unique in that it will set a minimum performance-based standard for the energy efficiency of new residential construction, and require performance testing of,all new homes built, to ensure that the

standard is met. This will save energy and money, protect the environ- ment, and foster the development of green jobs in New York State.

The proposed law would create a minimum standard of energy efficiency for low-rise residential construction based on performance testing of every new building constructed. Under the proposal new homes built in the state would be required to meet a score of at least 84 on the Home Energy Rating System (HERS). This indicates that the home is at least 20% more efficient than a similar home built to conventional standards. New homes that are 6,000 square feet or larger would be required to meet a higher efficiency standard (HERS score of 87, or 35% more efficient than a similar home), because larger homes use more energy.

The amendment would also require the rating to be performed by an inde- pendent, certified HERS rater, to ensure that the standard is being met in all cases. The independent verification, based on actual performance data, is crucial to realizing energy savings. Studies have shown as much as 45% to 54% percent of homes do not perform to energy efficiency code standards when there is no verification. In recognition of the impor- tance of ensuring compliance, the u.S. Department of Energy has required States that receive certain block grant funding (including New York) to develop plans to assure at least 90% compliance with energy efficiency construction codes. The HERS rating requirement will create a regimen to achieve 100% compliance with the more stringent energy conservation construction code, and does so using a budget neutral meth- od.

Homes can be built and tested to meet this new standard for less than 1% of their costs, but can save homeowners tens of thousands of dollars in energy bills over the life of the home.

This legislation borrows from the experience of ten of thirteen Long Island towns that adopted building codes based on the EPA's ENERGY STAR Homes program, to improve the energy efficiency of new homes. These changes were implemented successfully in the largest and most populous towns in the State.

A report recently released by the Sustainability Institute at Molloy College found that the code amendments adopted by these Long Island towns were implemented with no significant cost to taxpayers, and are generating real environmental and economic benefits. The report also documented the creation of new green collar jobs; the number of HERS raters on Long Island increased from two or three to 55 since the adoption of the new codes.

Legislative history

New bill.

Fiscal implications

None.

Local fiscal implications

None.

Effective date

Immediately.