S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3531--A
     Cal. No. 389
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 31, 2023
                                ___________
 
 Introduced  by Sens. SKOUFIS, SEPULVEDA -- read twice and ordered print-
   ed, and when printed to be committed  to  the  Committee  on  Housing,
   Construction and Community Development -- reported favorably from said
   committee,  ordered  to  first  and  second report, ordered to a third
   reading, amended and ordered reprinted, retaining  its  place  in  the
   order of third reading
 
 AN  ACT  to  amend  the executive law and the energy law, in relation to
   requiring the updating of the state uniform fire prevention and build-
   ing code and the state energy conservation construction  code  on  the
   basis of update of certain international codes
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 377 of the executive law is renum-
 bered subdivision 3 and a new subdivision 2 is added to read as follows:
   2.  EACH TIME A REVISED OR UPDATED EDITION OF THE INTERNATIONAL BUILD-
 ING CODE, THE INTERNATIONAL FIRE  CODE,  THE  INTERNATIONAL  RESIDENTIAL
 CODE,  THE  INTERNATIONAL  PLUMBING  CODE,  THE INTERNATIONAL MECHANICAL
 CODE, THE INTERNATIONAL FUEL GAS CODE, THE INTERNATIONAL EXISTING BUILD-
 ING CODE, THE INTERNATIONAL PROPERTY MAINTENANCE CODE  OR  THE  NATIONAL
 ELECTRICAL  CODE  IS PUBLISHED, THE COUNCIL SHALL, EIGHTEEN MONTHS AFTER
 PUBLICATION OF A REVISED OR UPDATED  EDITION,  CAUSE  THE  UNIFORM  FIRE
 PREVENTION  AND  BUILDING  CODE  TO BE UPDATED TO REFLECT CHANGES IN ANY
 SUCH REVISED OR UPDATED EDITION.  TO THE EXTENT THAT  THE  UNIFORM  FIRE
 PREVENTION  AND BUILDING CODE HAS NOT BEEN UPDATED TO REFLECT CHANGES IN
 ANY SUCH REVISED OR UPDATED EDITION AS OF THE  EFFECTIVE  DATE  OF  THIS
 SUBDIVISION, THE COUNCIL SHALL, AS SOON AS PRACTICABLE AND NO LATER THAN
 EIGHTEEN  MONTHS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION, CAUSE THE
 UNIFORM FIRE PREVENTION AND BUILDING CODE TO BE UPDATED TO REFLECT  SUCH
 CHANGES.
   §  2.  Section  11-101 of the energy law, as amended by chapter 516 of
 the laws of 1984, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06858-02-3
 S. 3531--A                          2
 
   § 11-101. Purpose. In furtherance of the [policy] POLICIES  set  forth
 in  subdivision  two of section 3-101 of this chapter AND IN CHAPTER ONE
 HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN ENACTING THE  NEW  YORK
 STATE  CLIMATE  LEADERSHIP AND COMMUNITY PROTECTION ACT, the legislature
 hereby  directs  that  a  state energy conservation construction code be
 adopted to protect the health, safety and security of the people of  the
 state and to assure a continuing supply of energy for future generations
 and that such code mandate that [economically] reasonable energy conser-
 vation  techniques  be used in the design and construction of all public
 and private buildings in the state.
   § 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 author-
 ized, 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 deter-
 mining whether the code remains cost effective, the code  council  shall
 consider  (i) whether the life-cycle costs for a building will be recov-
 ered through savings in energy costs over the design life of the  build-
 ing  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] ANSI/ASHRAE/IESNA STANDARD 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 THREE HUNDRED  SEVENTY-FOUR  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,  AS  SOON  AS PRACTICABLE AND NO LATER THAN EIGHTEEN MONTHS AFTER
 THE PUBLICATION OF EACH REVISED OR UPDATED EDITION OF THE  INTERNATIONAL
 ENERGY  CONSERVATION  CODE  AND THE ANSI/ASHRAE/IESNA STANDARD 90.1, 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] ANSI/ASHRAE/IESNA STANDARD 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.
   (C) THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL, AS SOON
 AS  PRACTICABLE  AND NO LATER THAN EIGHTEEN MONTHS AFTER THE PUBLICATION
 S. 3531--A                          3
 
 OF EACH REVISED OR UPDATED EDITION OF THE INTERNATIONAL ENERGY CONSERVA-
 TION CODE AND THE ANSI/ASHRAE/IESNA STANDARD 90.1, CAUSE THE STATE ENER-
 GY CONSERVATION CONSTRUCTION CODE TO BE UPDATED TO  REFLECT  CHANGES  IN
 ANY SUCH REVISED OR UPDATED EDITION.  TO THE EXTENT THAT THE STATE ENER-
 GY CONSERVATION CONSTRUCTION CODE HAS NOT BEEN UPDATED TO REFLECT CHANG-
 ES  IN  ANY  SUCH REVISED OR UPDATED EDITION AS OF THE EFFECTIVE DATE OF
 THIS PARAGRAPH, THE COUNCIL SHALL, AS SOON AS PRACTICABLE AND  NO  LATER
 THAN  EIGHTEEN  MONTHS AFTER THE EFFECTIVE DATE OF THIS PARAGRAPH, CAUSE
 THE STATE ENERGY CONSERVATION CONSTRUCTION CODE TO BE UPDATED TO REFLECT
 SUCH CHANGES.
   § 4. This act shall take effect immediately.