N.Y. Energy Law § 11-104: State energy conservation construction code

§ 11-104. State energy conservation construction code. In addition to

meeting the purposes set forth in section 11-101 of this article, the

code shall be designed to satisfy the following specific criteria:

1. The code's standards and requirements, so far as may be

practicable, shall be formulated in terms of performance objectives.

2. To the fullest extent feasible, use of modern technical methods,

devices and improvements which tend to minimize consumption of energy

and utilize to the greatest extent practical solar and other renewable

sources of energy without affecting reasonable requirements for the

health, safety and security of the occupants or users of buildings shall

be permitted.

3. As far as may be practicable, the improvement of energy

conservation construction practices, methods, equipment, materials and

techniques shall be encouraged.

4. The code shall provide reasonable uniform standards and

requirements for construction and construction materials for the

improvement of energy conservation construction practices.

5. The state fire prevention and building code council, in

consultation with the commissioner of the department of parks,

recreation and historic preservation, is authorized to adopt exemptions

to such uniform standards and requirements for historic buildings as

defined in section 11-102 of this article, to the extent that the

uniform standards and requirements would threaten, degrade, or destroy

the historic form, fabric, or function of such historic buildings.

6. (a) To the fullest extent feasible, the standards for construction

of buildings in the code shall be designed to help achieve the state's

clean energy and climate agenda, including but not limited to greenhouse

gas reduction, 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, and as further identified by

the New York state climate action council established pursuant to

section 75-0103 of the environmental conservation law.

(b) In addition to the foregoing, to support the goal of zero on-site

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, the code shall prohibit the installation

of fossil-fuel equipment and building systems, in any new building not

more than seven stories in height, except for a new commercial or

industrial building greater than one hundred thousand square feet in

conditioned floor area, on or after December thirty-first, two thousand

twenty-five, and the code shall prohibit the installation of fossil-fuel

equipment and building systems, in all new buildings after December

thirty-first, two thousand twenty-eight.

7. (a) The provisions set forth in paragraph (b) of subdivision six of

this section shall not be construed as applying to buildings existing

prior to the effective date of the applicable prohibition, including to:

(i) the repair, alteration, addition, relocation, or change of

occupancy or use of such buildings; and

(ii) the installation or continued use and maintenance of fossil-fuel

equipment and building systems, including as related to cooking

equipment, in any such buildings.

(b) In addition, in effectuating the provisions set forth in paragraph

(b) of subdivision six of this section the code shall include exemptions

for the purposes of allowing the installation and use of fossil-fuel

equipment and building systems where such are installed and used:

(i) for generation of emergency back-up power and standby power

systems;

(ii) in a manufactured home as defined in subdivision seven of section

six hundred one of the executive law; or

(iii) in a building or part of a building that is used as a

manufacturing facility, commercial food establishment, laboratory, car

wash, laundromat, hospital, other medical facility, critical

infrastructure, including but not limited to emergency management

facilities, wastewater treatment facilities, and water treatment and

pumping facilities, agricultural building, fuel cell system, or

crematorium, as such terms are defined by the code council.

(c) Where the code includes an allowed exemption pursuant to

subparagraph (i) or (iii) of paragraph (b) of this subdivision, other

than agricultural buildings as defined by the council, such exemption

shall include provisions that, to the fullest extent feasible, limit the

use of fossil-fuel equipment and building systems to the system and area

of the building for which a prohibition on fossil-fuel equipment and

building systems is infeasible; require the area or service within a new

building where fossil-fuel equipment and building systems are installed

be electrification ready, except with respect to servicing manufacturing

or industrial processes; and minimize emissions from the fossil-fuel

equipment and building systems that are allowed to be used, provided

that the provisions set forth in this paragraph do not adversely affect

health, safety, security, or fire protection. Financial considerations

shall not be sufficient basis to determine physical or technical

infeasibility.

(d) Exemptions included in the code pursuant to this subdivision shall

be periodically reviewed by the state fire prevention and building code

council to assure that they continue to effectuate the purposes of

subdivision six of this section to the fullest extent feasible.

(e) The code shall allow for exemption of a new building construction

project that requires an application for new or expanded electric

service, pursuant to subdivision one of section thirty-one of the public

service law and/or section twelve of the transportation corporations

law, when electric service cannot be reasonably provided by the grid as

operated by the local electric corporation or municipality pursuant to

subdivision one of section sixty-five of the public service law;

provided, however, that the public service commission shall determine

reasonableness for purposes of this exemption. For the purposes of this

paragraph, "grid" shall have the same meaning as electric plant, as

defined in subdivision twelve of section two of the public service law.

8. For the purposes of this section:

(a) "Fossil-fuel equipment and building systems" shall mean (i)

equipment, as such term is defined in section 11-102 of this article,

that uses fossil-fuel for combustion; or (ii) systems, other than items

supporting an industrial or commercial process as referred to in the

definition of equipment in section 11-102 of the energy law, associated

with a building that will be used for or to support the supply,

distribution, or delivery of fossil-fuel for any purpose, other than for

use by motor vehicles.

(b) "Electrification ready" means the new building or portion thereof

where fossil-fuel equipment and building systems are allowed to be used

which contains electrical systems and designs that provide sufficient

capacity for a future replacement of such fossil-fuel equipment and

building systems with electric-powered equipment, including but not

limited to sufficient space, drainage, electrical conductors or

raceways, bus bar capacity, and overcurrent protective devices for such

electric-powered equipment.

9. Standards to require new buildings that include new dedicated

off-street parking involving a garage, driveway, parking lot or other

off-street parking to have electric vehicle ready infrastructure and

electric vehicle charging stations that comply with the requirements set

forth in this subdivision. Such standards shall not be included in the

life cycle analysis performed pursuant to subdivision two of section

11-103 of this article.

(a) For the purposes of this subdivision:

(i) "electric vehicle ready infrastructure" shall mean all electrical

components, terminating in a receptacle or outlet, as necessary to

enable electric vehicle charging and support electric vehicle charging

stations; and

(ii) "electric vehicle charging station" shall mean all the equipment

necessary to deliver electricity from a source outside an electric

vehicle into one or more electric vehicles, as defined by the code

council.

(b) When adopting a new code after December thirty-first, two thousand

twenty-six, such code shall include provisions that require any new

building where new off-street parking is associated with such new

building to have electric vehicle ready infrastructure and electric

vehicle charging stations in accordance with paragraph (d) of this

subdivision.

(c) The provisions set forth in paragraph (b) of this subdivision

shall not be construed as applying to buildings existing prior to the

adoption of a new code after December thirty-first, two thousand

twenty-six, including to the repair, alteration, addition, relocation,

or change of occupancy or use of such buildings.

(d) Code provisions promulgated by the state fire prevention and

building code council pursuant to this subdivision:

(i) may, for detached one- and two-family dwellings, provide for

electric vehicle ready infrastructure;

(ii) shall, for occupancies other than detached one- and two-family

dwellings, require a minimum number of parking spaces with electric

vehicle ready infrastructure and a minimum number of parking spaces with

electric vehicle charging stations, with minimum charging capacity

standards established by the council. When establishing minimum

standards, the council shall consider:

A. the goals of section 19-0306-b of the environmental conservation

law;

B. the differing needs of various building types;

C. maximizing equity of access to electric vehicle charging across

income levels, housing types, geographic locations, and employment

types;

D. for commercial buildings, the electric vehicle charging access

needs of both employees and customers; and

E. for multi-family residential buildings, standards that allow

electric vehicle charging stations be wired directly to a meter or

electric vehicle submeter serving a residential unit;

(iii) include requirements for clear and prominent signage denoting

the availability and location of electric vehicle ready infrastructure

and electric vehicle charging stations; and

(iv) provide exemptions to such code provisions for:

A. projects with local, state, or federal approval subject to an

actual or anticipated agreement with a local, state, or federal

governmental entity for the purposes of providing affordable housing in

a given locality or region; and

B. additional exemptions due to technical infeasibility, geographic

location, or building type, as the code council deems appropriate.