NY State Senate Bill 2025-S5940

Senate Bill S5940

2025-2026 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 - On Floor Calendar

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
Apr 28, 2025	1st report cal.696
Mar 04, 2025	referred to housing, construction and community development

2025-S5940 (ACTIVE) - Details

See Assembly Version of this Bill:: A7282
Law Section:: Executive Law
Laws Affected:: Amd §378, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S9921

2025-S5940 (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.

2025-S5940 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5940

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:

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-size 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
50W. 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-imper-
mea-ble insulation - New York can incentivize home builders and homeown-
ers 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:

Senate

2023: N/A

2024: S9921, Referred to rules

Assembly

2023: N/A

2024: No Assembly Same-As

 
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.

2025-S5940 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5940
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               March 4, 2025
                                ___________
 
 Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 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.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10302-01-5

 S. 5940                             2
 
   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.
   §  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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