Updates the state energy conservation construction code to address the requirements of the American Recovery and Reinvestment Act of 2009

Summary of provisions

Section 1 of the bill would amend EL § 11-102 to modify or eliminate the definitions of several existing defined terms, and to add several new defined terms. The bill amends the definitions of the following existing defined terms: "building," "equipment," and "residential building." In addition the bill eliminates the following defined terms "construction," "substantial renovation," and "subsystem". New defined terms include the following: "addition," "alteration," "ASHRAE 90.1-2007," "commercial building," "conditioned space," "historic building," "IECC," "local government," and "uniform code."

Section 2 of the bill would replace EL § 11-103(1)(a), which provided for the continuation of an outdated version of the Code, with a new paragraph (a) that provides for the continuation of the current Code until the State Fire Prevention and Building Code Council (Council) amends or replaces the Code. The bill would also replace EL 11-103(1)(b), which provided for the applicability of the Code to substantial renovations; with a new paragraph (b) that clarifies the applicability of the Code.

Specifically, the bill would clarify that the Code applies to the construction of any new building, and an addition to, and alteration of, any existing building or building system. However, the bill would clarify that the Code does not require any unaltered portion of an existing building or building system to comply with the Code. In addition, the bill provides that the Code would not apply to specific items that are common repairs or replacements such as storm windows installed over existing fenestration and glass only replacements, among others.

Section 3 of the bill would amend EL § 11-103(2) to require that any amendments to the Code applicable to residential buildings would continue to meet or exceed the then most recently published IECC, or achieve equivalent or greater energy savings. Similarly, this section

would require that any amendments to the Code applicable to commercial buildings would continue to meet or exceed the ANSI/ASHRAE/IESNA Standard 90.1-2007, or achieve equivalent or greater energy savings. In addition, this section would clarify that, when determining whether the code remains cost effective, the Council shall consider whether the cost of materials and their installation necessary to meet the standards in the Code would be equal to or less than the present value of energy savings that could be expected over a 10-year period.

Section 4 of the bill would amend EL § 11-104(5) to exempt from the Code any historic building defined in EL § 11-102. EL § 102(9) would define historic building as any building that is (a) listed on the National Register of Historic Places or on the State Register of Historic Places, (b) determined by the Commissioner of Parks, Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places, (c) determined by the Commissioner of Parks, Recreation and Historic Preservation to be a contributing building to an historic district that is listed or eligible for listing on the State or National Register of Historic Places, or (d) otherwise defined as an historic building in regulations adopted by the State Fire Prevention and Building Code Council.

Section 5 of the bill would amend EL § 11-105 to clarify that the Code Council may limit the application of any portion of the Code to classes or types of buildings provided, however, that such limitation (a) is consistent with the purposes of EL Article 11 and the criteria set forth in EL § 11-104, (b) does not render the code inconsistent with the energy savings requirements of EL . 11-103(2), and (c) whether considered individually or collectively with other limitations, will not prevent the attainment of the compliance goals set forth in § 410(2)(C) of the American Recovery and Reinvestment Act of 2009 (ARRA).

Section 6 of the bill would amend EL § 11-107 to clarify that the Code is to be administered and enforced in the same manner as the State Uniform Fire Prevention and Building Code (Uniform Code) pursuant to regulations adopted by the Secretary of State under Executive Law 381.

Section 7 of the bill would amend EL § 11-108 to increase fines for violations of the Code, or orders of a code enforcement officer, from $500 to $1,000.

Section 8 of the bill would amend EL § 11-109 to clarify that Article 11 does not impair the authority of a municipally to promulgate local energy conservation codes more restrictive than the Code, including requirements for energy efficiency testing and ratings. If a municipality files its code within 30 days of adoption, it may enforce that code until the Fire Prevention and Building Code Council determines it is not more restrictive than the Code. Similarly, if the municipality fails to file its code, it may not enforce it until the Council determines that it is more restrictive than the Code.

Section 9 of the bill would amend EL § 11-110 to make it gender neutral.

Section 10 of the bill would amend Executive Law § 381(1) and (2) to correspond with the changes that would be made by § 6 of the bill. In Executive Law § 381(1), the Secretary of State would be authorized to adopt regulations setting minimum standards for administration and enforcement of the Code, in addition to existing authority to adopt such standards for the Uniform Code. This section of the bill would also clarify that the Secretary's regulations shall include (a) the frequency of mandatory inspections for compliance with the Code and also the Uniform Code, and (b) the adequacy of means for insuring compliance with the Code and Uniform Code, including provisions intended to achieve compliance with the Code consistent with the compliance goals set forth in § 410 of ARRA.

In addition, this section of the bill would add two new requirements of the Secretary's regulations: (a) minimum basic training and in-service training requirements for code enforcement officers, and (b) standards and procedures for measuring the rate of compliance with the Code on an annual basis.

Executive Law § 381(2) would also be amended with technical changes to correspond to changes made by §§ 6 and 10 of the bill. These would clarify that the Code and Uniform Code are to be administered together. It also clarifies that two or more local governments may agree to jointly administer and enforce the Code, Uniform Code, or both.

Section 11 of this bill would provide for an effective date of January 1, 2011, provided that the Council and the Secretary of State are authorized and directed to adopt such regulations as deemed necessary to implement the bill prior to the effective date.

Existing law

EL Article 11 provides for the adoption and implementation of the State Energy Conservation Construction Code. Executive Law Article 18 provides for the adoption and implementation of the Uniform Code.

Legislative history

This is a new bill.

STATEMENT IN SUPPORT

Energy efficiency is a core component of the State's '45 by 15' clean energy goal, established by Governor Paterson in 2009, to have 45 percent of the State's electricity needs met with clean energy by 2015. Promoting energy efficiency, including the energy efficiency in our buildings, reduces electricity consumption which has been shown to put downward pressure on wholesale electricity rates and reduce greenhouse gas emissions that contribute to climate change. By updating the Energy Law to require equivalent or greater energy savings as provided by the IECC and ASHRAE, this bill would increase energy efficiency and cost savings in new buildings and additions and alterations to existing buildings, thereby advancing our '45 by 15' goal.

Moreover, the New York State Energy Plan identifies energy efficiency as the State's priority resource for meeting its energy needs. Energy efficiency improvements in buildings are among the most cost effective clean energy investments, reducing energy use and the associated carbon emissions that would have otherwise been generated, along with reducing energy bills for the consumer. Investments in energy efficiency also increase the State's energy independence and can create jobs. Because buildings have relatively long useful lives, energy efficiency choices made during construction or renovation can have long term impacts on the energy use of the building. Therefore, improving the minimum efficiency level of buildings can result in significant energy reductions over the life of the structure and, therefore, significant cost savings.

Additionally, ARRA provides that certain monies appropriated by the federal government pursuant to ARRA will be available to the U.S. Secretary of Energy ("SOE") for making additional grants to states under Part D of Title III of the Energy Policy and Conservation Act (42 U.S.C. §§ 6321 et seq.), if the governor of a recipient state notifies the SOE in writing that the governor has obtained assurances that, among other things, the recipient state, or the applicable units of local government that have authority to adopt building codes, will implement the following: (I1 a building energy code for residential buildings that meets or exceeds the most recently published IEEC, or achieves equivalent or greater energy savings; (2) a building energy code for commercial buildings throughout the state that meets or exceeds ASHRAE 90.1-2007, or achieves equivalent or greater energy savings; and (3) a plan for the state achieving compliance with such building energy codes within 8 years of the date of enactment of ARRA in at least 90% of new and renovated residential and commercial building space, which includes active training and enforcement programs and measurement of the rate of compliance each year.

This bill would allow the State of New York to meet its obligations under ARRA and, at the same time, achieve greater energy efficiency and savings in buildings throughout the State.

Budget implications

This bill would have no impact on the State budget because amendments to the Code are a continuing budgeted obligation of the agencies.

Effective date

This bill would take effect January 1, 2011. The Council and Secretary of State would be authorized and directed, prior to the effective date, to adopt regulations they deem necessary to implement the act.