This bill has been amended

Bill S6912-2009

Relates to updating the state energy conservation construction code

Relates to updating the state energy conservation construction code.

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  • Feb 24, 2010: REFERRED TO ENERGY AND TELECOMMUNICATIONS

Memo

 BILL NUMBER:  S6912              REVISED 03/02/10

TITLE OF BILL : An act to amend the energy law, in relation to updating the state energy conservation construction code

PURPOSE : To provide for a state energy code for residential buildings. The administration and enforcement of the code will be done in a manner that it achieves a compliance rate above ninety percent.

SUMMARY OF PROVISIONS : Section 1: Amends chapter 820 of the laws of 1976 to add a new subdivision 2a. Adds language requiring residential structures to meet the most recent publicized international energy conservation code and the most recent publicized ANSI/ASHRAE/IESNA standards. Allows for an effective administration and enforcement of the conservation code so that there is a minimum of ninety percent compliance.

Section 2: Amends section 11-101 to allow for reasonable energy conservation in commercial buildings.

Section 3: Amends section 11-103 to require state fire prevention and building code council to regulate residential buildings within six month of new publication. Furthermore requires buildings to maintain this level of energy efficiency.

Section 4: Amends Section 11-111 to require all new residential buildings to undergo a Home Energy Rating System (HERS). Requires all new residential buildings to have a. minimum score on the HERS rating scale.

Section 5: This will take effect immediately.

JUSTIFICATION : This legislation will amend the State Energy Conservation Construction code to create a higher standard for the energy efficiency of new homes. Similar to recommendations in the New York State Energy Plan, and provisions of other proposed legislation, it will require the State Fire Prevention and Building Code Council to update the State Construction Codes in a more timely manner, however it proposes a tighter time frame for the updates.

The most recent update to the New York State Energy Conservation Construction Code has taken 6 years since updated standards were released by the American Society of Heating, Refrigeration and Air-Conditioning Engineers (ASHRAE). The New York State Energy Plan has criticized this delay, and recommends requiring updates to be completed within in three years of the release of new ASHRAE standards. Legislation advanced by the Governor follows this recommendation. This legislation would require new standards, which have already completed extensive review by ASHRAE and the International Codes Council, to be incorporated into the New York Energy Conservation Construction Code within six months.

This bill is unique in that it will set a minimum performance-based standard for the energy efficiency of new residential construction, and require performance testing of,all new homes built, to ensure that the standard is met. This will save energy and money, protect the environment, and foster the development of green jobs in New York State.

The proposed law would create a minimum standard of energy efficiency for low-rise residential construction based on performance testing of every new building constructed. Under the proposal new homes built in the state would be required to meet a score of at least 84 on the Home Energy Rating System (HERS). This indicates that the home is at least 20% more efficient than a similar home built to conventional standards. New homes that are 6,000 square feet or larger would be required to meet a higher efficiency standard (HERS score of 87, or 35% more efficient than a similar home), because larger homes use more energy.

The amendment would also require the rating to be performed by an independent, certified HERS rater, to ensure that the standard is being met in all cases. The independent verification, based on actual performance data, is crucial to realizing energy savings. Studies have shown as much as 45% to 54% percent of homes do not perform to energy efficiency code standards when there is no verification. In recognition of the importance of ensuring compliance, the u.S. Department of Energy has required States that receive certain block grant funding (including New York) to develop plans to assure at least 90% compliance with energy efficiency construction codes. The HERS rating requirement will create a regimen to achieve 100% compliance with the more stringent energy conservation construction code, and does so using a budget neutral method.

Homes can be built and tested to meet this new standard for less than 1% of their costs, but can save homeowners tens of thousands of dollars in energy bills over the life of the home.

This legislation borrows from the experience of ten of thirteen Long Island towns that adopted building codes based on the EPA's ENERGY STAR Homes program, to improve the energy efficiency of new homes. These changes were implemented successfully in the largest and most populous towns in the State.

A report recently released by the Sustainability Institute at Molloy College found that the code amendments adopted by these Long Island towns were implemented with no significant cost to taxpayers, and are generating real environmental and economic benefits. The report also documented the creation of new green collar jobs; the number of HERS raters on Long Island increased from two or three to 55 since the adoption of the new codes.

LEGISLATIVE HISTORY : New bill.

FISCAL IMPLICATIONS : None.

LOCAL FISCAL IMPLICATIONS : None.

EFFECTIVE DATE : Immediately.

Text

STATE OF NEW YORK ________________________________________________________________________ 6912 IN SENATE February 24, 2010 ___________
Introduced by Sen. FOLEY -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the energy law, in relation to updating the state energy conservation construction code THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 2 of section 3-101 of the energy law, as amended by chapter 820 of the laws of 1976, is amended and a new subdi- vision 2-a is added to read as follows: 2. to encourage conservation of energy in the construction and opera- tion of new commercial, industrial, and residential buildings, and in the rehabilitation of existing structures, through heating, cooling, ventilation, lighting, insulation and design techniques and the use of energy audits and life-cycle costing analysis, AND THROUGH OTHER TECH- NIQUES REQUIRED OR AUTHORIZED BY THE MOST RECENTLY PUBLISHED INTERNA- TIONAL ENERGY CONSERVATION CODE AND THE MOST RECENTLY PUBLISHED ANSI/ASHRAE/IESNA STANDARD 90.1; 2-A. TO PROVIDE FOR A STATE ENERGY CODE FOR RESIDENTIAL BUILDINGS, AND FOR THE ADMINISTRATION AND ENFORCEMENT OF SUCH CODE IN A MANNER THAT ACHIEVES COMPLIANCE WITH SUCH CODE IN AT LEAST NINETY PERCENT OF NEW AND RENOVATED RESIDENTIAL BUILDING SPACE IN THE STATE SUBJECT TO SUCH CODE; S 2. Section 11-101 of the energy law, as amended by chapter 516 of the laws of 1984, is amended to read as follows: S 11-101. Purpose. In furtherance of the policy set forth in subdivi- sion two of section 3-101 of this chapter, the legislature hereby directs that a state energy conservation construction code be adopted to protect the health, safety and security of the people of the state and to assure a continuing supply of energy for future generations and that such code mandate that [economically] reasonable energy conservation techniques be used in the design and construction of all public and private buildings in the state. S 3. Subdivision 2 of section 11-103 of the energy law, as amended by chapter 292 of the laws of 1998, is amended to read as follows:
2. [The] (A) EACH TIME A REVISED OR UPDATED EDITION OF THE INTERNA- TIONAL ENERGY CONSERVATION CODE IS PUBLISHED, THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL IS HEREBY AUTHORIZED AND DIRECTED TO PROMUL- GATE, WITHIN SIX MONTHS, RULES AND REGULATIONS AMENDING THOSE PORTIONS OF THE CODE THAT APPLY TO RESIDENTIAL BUILDINGS IN SUCH A MANNER TO CAUSE SUCH PORTIONS OF THE CODE TO BE A BUILDING ENERGY CODE FOR RESI- DENTIAL BUILDINGS THROUGHOUT THE STATE THAT MEETS OR EXCEEDS SUCH REVISED OR UPDATED EDITION OF THE INTERNATIONAL ENERGY CONSERVATION CODE OR ACHIEVES EQUIVALENT OR GREATER ENERGY SAVINGS. (B) IN ADDITION, 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 through rules and regulations provided that [the code remains cost effective with respect to building construction in the state. The code shall be deemed cost effective if the cost of materials and their installation to meet its standards would be equal to or less than the present value of energy savings that could be expected over a ten year period in the building in which such materials are installed], AFTER SUCH AMENDMENT, THOSE PORTIONS OF THE CODE THAT APPLY TO RESIDENTIAL BUILDINGS CONTINUE TO MEET OR EXCEED THE THEN MOST RECENTLY PUBLISHED INTERNATIONAL ENERGY CONSERVATION CODE, OR ACHIEVE EQUIVALENT OR GREATER ENERGY SAVINGS. S 4. The energy law is amended by adding a new section 11-111 to read as follows: S 11-111. MANDATORY ENERGY EFFICIENCY RATING. 1. ALL NEW RESIDENTIAL BUILDINGS SHALL BE REQUIRED TO UNDERGO A HOME ENERGY RATING SYSTEM (HERS) RATING, AS DEFINED BY THE RESIDENTIAL ENERGY SERVICES NETWORK (RESNET), BY A CERTIFIED HERS RATER, OR A RATING GENERATED THROUGH AN EQUIVALENT RATING SYSTEM THAT INCLUDES MEASURING ACTUAL BUILDING PERFORMANCE DATA, AS APPROVED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL. 2. ALL NEW RESIDENTIAL BUILDINGS MUST ACHIEVE A MINIMUM HERS RATING OF EIGHTY-FOUR ON THE CURRENT EXPANDED HERS SCORING SYSTEM ADOPTED BY THE STATE OF NEW YORK, WHICH CORRESPONDS TO AN INDEX OF EIGHTY OR LESS AS DEFINED IN THE "2006 MORTGAGE INDUSTRY NATIONAL HOME ENERGY RATING SYSTEMS STANDARDS," PROMULGATED BY THE RESNET, OR DEMONSTRATE EQUIVALENT ENERGY PERFORMANCE AS DETERMINED BY AN EQUIVALENT RATING SYSTEM THAT INCLUDES MEASURING ACTUAL BUILDING PERFORMANCE DATA, AS APPROVED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL. 3. ALL NEW RESIDENTIAL BUILDINGS INCLUDING A SINGLE DWELLING UNIT OF SIX THOUSAND FEET OR GREATER FLOOR AREA MUST ACHIEVE A MINIMUM HERS RATING OF EIGHTY-SEVEN ON THE CURRENT EXPANDED HERS SCORING SYSTEM ADOPTED BY THE STATE OF NEW YORK, WHICH CORRESPONDS TO AN INDEX OF SIXTY-FIVE OR LESS AS DEFINED IN THE "2006 MORTGAGE INDUSTRY NATIONAL HOME ENERGY RATING SYSTEMS STANDARDS," PROMULGATED BY THE RESNET, OR DEMONSTRATE EQUIVALENT ENERGY PERFORMANCE AS DETERMINED BY AN EQUIVALENT RATING SYSTEM THAT INCLUDES MEASURING ACTUAL BUILDING PERFORMANCE DATA, AS APPROVED BY THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL. S 5. This act shall take effect immediately.

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