NY State Senate Bill 2023-S9921

Senate Bill S9921

2023-2024 Legislative Session

Permits unvented attics and unvented enclosed rafter assemblies to be sealed with air-impermeable insulation in order to help attain building decarbonization goals

download bill text pdf

Current Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 02, 2024	referred to rules

2023-S9921 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Executive Law
Laws Affected:: Amd §378, Exec L

2023-S9921 (ACTIVE) - Summary

Permits unvented attics and unvented enclosed rafter assemblies to be sealed with air-impermeable insulation in order to help attain building decarbonization goals.

2023-S9921 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9921

SPONSOR: SKOUFIS
 
TITLE OF BILL:

An act to amend the executive law, in relation to permitting unvented
attics and unvented enclosed rafter assemblies to be sealed with air-im-
permeable insulation in order to help attain building decarbonization
goals

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will provide additional options for home builders to meet code
requirements by updating the code to allow for a more appropriate R-va-
lue for air-impermeable insulation applied to the roof deck in unvented
attics and unvented enclosed rafter assemblies.  This code change will
decrease the cost of utilizing air-impermeable insulation for home
builders and homeowners, making a better product more affordable for New
Yorkers. This bill would not dictate a specific method for meeting code
requirements, rather, it would provide an additional option to meet
building code requirements.

SUMMARY OF PROVISIONS:

Section 1: Provides a legislative intent.

Section 2: Amends § 378 of the Executive Law by adding a new subdivision
21 to prescribe the requirements of unvented attics and unvented rafter
assemblies sealed with air-impermeable insulation.

Section 3: Sets the effective date.

 
JUSTIFICATION:

Currently, New York's building code has a one-sized fits all approach to
attic insulation. However, recent modeling has shown that the energy
performance of an unvented attic, insulated and sealed with air-imperme-
able insulation will outperform traditional attics by a factor of about
50%. The Code does not properly consider the efficiencies and advantages
of utilizing air-impermeable insulation in unvented attics. As a result,
home builders and homeowners are required to use the same R-value for
unvented attics utilizing air-impermeable insulation on the roof deck as
they would for standard fiberglass attic insulation in attic floors. The
current Code requires builders and homeowners to install additional
insulation in unvented attics, that is providing little to no payback to
builders. This bill corrects this oversight and promotes the building of
more efficient attics in New York.

In this respect, the building code does not take into consideration the
efficiencies that are achieved by insulating and sealing the attic space
where HVAC equipment and ducting exists. By right-sizing the R-value for
unvented attics and unvented rafter assemblies sealed with air-impermea-
ble insulation - New York can incentivize home builders and homeowners
to utilize a superior product without pricing consumers out of the
market. This change would not require air-impermeable insulation as the
only method by which to insulate an attic, rather it would provide an
additional option for home builders and homeowners to consider.


As New York State transitions into all-electric building construction, a
well-insulated and sealed home is integral for the maximum efficiency of
a heat pump and onsite renewables. Buildings with HVAC equipment and
ducts located in a vented attic have excessive energy consumption
because of the inhospitable environment in which they are located.

Unvented attics and unvented enclosed rafter assemblies sealed with
air-impermeable insulation provide additional benefits as heat pumps and
onsite renewables work best in spaces that don't waste energy due to low
insulation levels or airflow leaks. The use of air impermeable insu-
lation in this manner aids the state's efforts and targets on building
decarbonization and energy efficiency.

 
PRIOR LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the state fire
prevention and building code council shall promulgate the standards
required by this act.

2023-S9921 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9921
 
                             I N  S E N A T E
 
                              October 2, 2024
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, in relation  to  permitting  unvented
   attics  and unvented enclosed rafter assemblies to be sealed with air-
   impermeable insulation in order to help attain  building  decarboniza-
   tion goals

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds  and  declares  it  necessary to amend the state fire and building
 code  to  better  align  with  the  Climate  Leadership  and   Community
 Protection Act.
   New  York's six million buildings are responsible for around one-third
 of statewide greenhouse gas emissions. Advancing building  energy  effi-
 ciency  and  electrification  is a cornerstone of the state's efforts to
 achieve carbon neutrality and meet emissions reduction goals.
   Modernizing and decarbonizing New York's buildings  will  also  create
 healthier living and working environments, reduce consumer energy costs,
 and add thousands of local clean energy and energy efficiency jobs.
   As New York state transitions into all-electric building construction,
 a  well-insulated and sealed home is integral for the maximum efficiency
 of a heat pump and onsite renewables. Buildings with HVAC equipment  and
 ducts  located  in  a  vented  attic  have  excessive energy consumption
 because of the inhospitable environment in which they are located.
   Unvented attics and unvented enclosed rafter  assemblies  sealed  with
 air-impermeable  insulation  provides  additional benefits as heat pumps
 and onsite renewables work best in spaces that don't waste energy due to
 low insulation levels or airflow leaks. The use of air-impermeable insu-
 lation in this manner aids the state's efforts and targets  on  building
 decarbonization and energy efficiency.
   Accordingly, the legislature finds it necessary to update the building
 and energy codes to permit the use of spray polyurethane foam insulation
 in  the  construction of unvented attics as an additional option to meet
 code requirements.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD16232-01-4
 S. 9921                             2
 
   § 2. Section 378 of the executive law  is  amended  by  adding  a  new
 subdivision 21 to read as follows:
   21.  UNVENTED  ATTICS  AND  UNVENTED  ENCLOSED  RAFTER  ASSEMBLIES. TO
 SUPPORT THE GOAL OF REDUCING GREENHOUSE GAS EMISSIONS AND  HELP  ACHIEVE
 THE  STATE'S  CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT NOT LIMITED
 TO GREENHOUSE GAS REDUCTION REQUIREMENTS 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,  UNVENTED
 ATTIC  AND  UNVENTED ENCLOSED RAFTER ASSEMBLIES INSULATED AND AIR SEALED
 WITH AIR-IMPERMEABLE INSULATION WITH R-30, MAXIMUM  U-FACTOR  OF  0.038,
 INSULATION  SHALL  BE DEEMED TO MEET THE REQUIREMENTS OF SECTION R402 OF
 THE ENERGY CONSERVATION CONSTRUCTION CODE OF NEW YORK STATE, PROVIDED:
   1. THE HOUSE SHALL ATTAIN A BLOWER DOOR TEST RESULT LESS THAN TWO  AND
 ONE-HALF ACH50.
   2.  THE HOUSE SHALL REQUIRE A POSITIVE, BALANCED OR HYBRID WHOLE HOUSE
 MECHANICAL VENTILATION SYSTEM THAT DOES NOT RELY SOLELY  ON  A  NEGATIVE
 PRESSURE STRATEGY.
   3.  WHERE  INSULATION IS INSTALLED BELOW THE ROOF DECK AND THE EXPOSED
 PORTION OF ROOF RAFTERS ARE NOT ALREADY COVERED BY THE R-30 DEPTH OF THE
 AIR-IMPERMEABLE INSULATION, THE EXPOSED  PORTION  OF  THE  ROOF  RAFTERS
 SHALL   BE   INSULATED   BY  MINIMUM  R-3  UNLESS  DIRECTLY  COVERED  BY
 DRYWALL/FINISHED CEILING. ROOF RAFTERS ARE NOT REQUIRED TO BE COVERED BY
 MINIMUM R-3 IF A CONTINUOUS INSULATION IS INSTALLED ABOVE THE ROOF DECK.
   4. INDOOR HEATING, COOLING, AND VENTILATION EQUIPMENT, INCLUDING DUCT-
 WORK, SHALL BE INSIDE THE BUILDING THERMAL ENVELOPE.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become  a  law.  Effective  immediately,  the  state  fire
 prevention  and  building  code  council  shall promulgate the standards
 required by this act.

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