N.Y. Energy Law § 11-103: Applications

§ 11-103. Applications. 1. (a) The state energy conservation

construction code adopted by the state fire prevention and building code

council and consisting of a building energy code for residential

buildings throughout the state and a building energy code for commercial

buildings throughout the state is continued until amended or a new code

is adopted and effective.

(b) The code shall apply to the construction of any new building. The

code shall also apply to an addition to, and alteration of, any existing

building or building system; provided, however, that the code shall not

be interpreted to require any unaltered portion of the existing building

or building system to comply with the code. The code shall be subject to

such other exceptions as may be adopted by the state fire prevention and

building code council provided that such exceptions shall not prevent

the attainment of the compliance goals set forth in section 410(2)(c) of

the American Recovery and Reinvestment Act of 2009.

2. (a) The state fire prevention and building code council is

authorized, 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 determining whether the code remains cost effective, the code

council shall consider (i) whether the life-cycle costs for a building

will be recovered through savings in energy costs over the design life

of the building 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 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 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 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 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.

* 3. Notwithstanding any other provision of law, the state fire

prevention and building code council in accordance with the mandate

under this article shall have exclusive authority among state agencies

to promulgate a construction code incorporating energy conservation

features and clean energy features applicable to the construction of any

building, including but not limited to greenhouse gas reduction. Any

other code, rule or regulation heretofore promulgated or enacted by any

other state agency, incorporating specific energy conservation and clean

energy requirements applicable to the construction of any building,

shall be superseded by the code promulgated pursuant to this section.

Notwithstanding the foregoing, nothing in this section shall be deemed

to expand the powers of the council to include matters that are

exclusively within the statutory jurisdiction of the public service

commission, the department of environmental conservation, or another

state entity.

* NB Effective until December 31, 2040

* 3. Notwithstanding any other provision of law, the state fire

prevention and building code council in accordance with the mandate

under this article shall have exclusive authority among state agencies

to promulgate a construction code incorporating energy conservation

features and clean energy features applicable to the construction of any

building, including but not limited to greenhouse gas reduction. Any

other code, rule or regulation heretofore promulgated or enacted by any

other state agency, incorporating specific energy conservation and clean

energy requirements applicable to the construction of any building,

shall be superseded by the code promulgated pursuant to this section.

Notwithstanding the foregoing, nothing in this section shall be deemed

to expand the powers of the council to include matters that are

exclusively within the statutory jurisdiction of the public service

commission, the department of environmental conservation, the office of

renewable energy siting or another state entity.

* NB Effective December 31, 2040

4. The secretary of state is authorized to issue written

interpretations of the code upon written request of a permit applicant

or the official responsible for the administration and enforcement of

the provisions of the code. Subsequent enforcement of the code shall be

consistent with such written interpretations.