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Housing, Construction and Community Development: Mar 5, 2012

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Active List: Mar 12, 2012 , Floor Calendar: Mar 6, 2012 , Floor Calendar: Mar 7, 2012 , Floor Calendar: Mar 12, 2012

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Memo

BILL NUMBER:S6332

TITLE OF BILL: An act to amend the multiple dwelling law, in relation to permitted obstructions in a city with a population of one million or more

SUMMARY OF PROVISIONS: This bill adds a new paragraph m to Subdivision 9 ("permitted obstructions") of section 26 of the Multiple Dwelling Law that would authorize the addition of exterior insulation to buildings constructed prior to 1961, by exempting up to eight inches of exterior wall thickness from the MDL's dimensional requirements for yards, rear yard equivalents, courts or open space. The dimensional requirements, as set forth in Sections 26, 172, or 212, could be reduced only by the amounts permitted by local zoning regulations, but not to exceed eight inches.

REASONS FOR SUPPORT: Buildings account for 80% of New York City's carbon emissions. In February 2010, the Green Codes Task Force, a group of leading practitioners, released a set of recommendations to amend New York City regulations to promote green buildings. Key among them is a proposal to allow existing buildings to retrofit by adding external insulation. Well-insulated exterior walls reduce heating and cooling demands, but are often prohibited or penalized under current City zoning regulations. External insulation can be substantially more efficient than adding insulation inside the building wall, and makes a building retrofit possible without vacating existing tenants. This legislation would allow existing buildings to exempt up to eight inches of external insulation from floor area calculations, yard and open space regulations. In cases where a required open area has a dimension of less than eight feet, an exemption of up to one inch for each foot of existing open area would be allowed to accommodate insulation in balance with the need to preserve light and air.

The Multiple Dwelling Law currently does not consider exterior insulation, the application of which would reduce open space required by Sections 26, 172 and 212, to be permitted obstructions. This bill amends that statute and removes obstacles to energy efficiency, provides the means for older buildings to improve their energy efficiencies where such is feasible and creates a significant savings while contributing to reduced carbon emissions. Further, it complements the efforts of the City's proposed zoning changes and enables building owners to upgrade and modernize their building envelopes by giving them more choices for the investments they can make to save energy, save money, and improve environmental performance of new and existing buildings. Affected buildings represent a significant portion of the City's building stock, and enabling them to modernize represents a significant opportunity for the city to encourage energy efficiency and is an

essential contribution to achieving the City's and State's carbon reduction goals.

Accordingly, the Mayor urges the earliest possible favorable consideration of this proposal by the Legislature.

Text

STATE OF NEW YORK
________________________________________________________________________

6332

IN SENATE

January 27, 2012
___________

Introduced  by  Sen.  LANZA  -- 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  multiple dwelling law, in relation to permitted
  obstructions in a city with a population of one million or more

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 9 of section 26 of the multiple dwelling law is
amended by adding a new paragraph m to read as follows:
  M.  IN  A  CITY  WITH A POPULATION OF ONE MILLION OR MORE, THE AREA OF
YARDS, REAR YARD EQUIVALENTS, COURTS OR OPEN  SPACES  REQUIRED  BY  THIS
SECTION,  SECTION  ONE HUNDRED SEVENTY-TWO OR SECTION TWO HUNDRED TWELVE
OF THIS CHAPTER SHALL NOT BE DEEMED TO BE REDUCED OR OBSTRUCTED BY EXTE-
RIOR WALL THICKNESS OF UP TO EIGHT INCHES ADDED TO  THE  EXTERIOR  OF  A
BUILDING  TO  ACCOMMODATE  THE ADDITION OF INSULATION TO THE EXTENT THAT
SUCH EXTERIOR WALL THICKNESS IS A PERMITTED OBSTRUCTION FOR SUCH  BUILD-
ING UNDER THE ZONING RESOLUTION OF SUCH CITY.
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14229-01-2