A05249 Summary:

BILL NOA05249A
 
SAME ASSAME AS S03531-A
 
SPONSORHunter
 
COSPNSRPeoples-Stokes, Wallace, Jacobson
 
MLTSPNSR
 
Amd §377, Exec L; amd §§11-101 & 11-103, Energy L
 
Directs the state fire prevention and building code council to update the state fire prevention and building code and the state energy conservation construction code within 18 months of the publication of any updated or revised edition of the international and national codes relating thereto, so as to ensure that the state's codes reflect such revisions and updates.
Go to top    

A05249 Actions:

BILL NOA05249A
 
03/07/2023referred to governmental operations
04/06/2023amend and recommit to governmental operations
04/06/2023print number 5249a
01/03/2024referred to governmental operations
Go to top

A05249 Committee Votes:

Go to top

A05249 Floor Votes:

There are no votes for this bill in this legislative session.
Go to top

A05249 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5249A
 
SPONSOR: Hunter
  TITLE OF BILL: An act to amend the executive law and the energy law, in relation to requiring the updating of the state uniform fire prevention and building code and the state energy conservation construction code on the basis of update of certain international codes   PURPOSE: To direct the state fire prevention and building code council to update the state fire prevention and building code and the state energy conser- vation construction code   SUMMARY OF PROVISIONS: Section 1 renumbers subdivision 2 of section 377 of the executive law to subdivision 3 and adds a new subdivision 2. A new subdivision 2 is added to require that the state uniform fire prevention and building code the state energy conservation code be updated in accordance to changes in international fire codes. These codes include the International Building Code, the International Fire Code, the International Residential Code, the International Plumbing Code, the International Mechanical Code, the International Property Maintenance Code, and the National Electrical Code. New subdivision 2 states each time a revised edition of a code is updated, the council shall, within twelve months of such publication, update the uniform fire prevention and building code to be updated to reflect such changes. Section 2 amends chapter 516 of the laws of 1984 to update the purpose. of a state energy construction code. Section 3 states that the fire prevention and building code council may decide to update a code if it is cost effective. In determining if it is cost effective, the council shall consider the cost of 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 10 year period from when the materials are installed. 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 cause the state energy conservation constriction code to be updated to reflect such changes.   JUSTIFICATION: When states and local governments stay current with updated building codes, they encourage market-ready solutions that increases the safety, resiliency, energy-efficiency, and overall performance of homes, schools, hospitals, and other buildings. Timely adoption of model safety codes promotes private sector innovation and competition by guiding new technologies into the marketplace through the code, it increases protection and decreases reconstruction costs from damage caused by natural disasters; and protects the value of the building owners' investment. The 2012 President's Hurricane Sandy Rebuilding Task Force was charged with the development of guidelines and recommendations of how to direct more than $20 billion in federal funding for infrastructure recovery and resilience. One of the recommendations was for states to use the most current building codes saying that "using the most current code ensures that buildings and other structures incorporate the latest science, advances in technology and lessons learned... These codes help ensure that more resilient structures are built and that communities are better protected from all types of hazards and disasters".   LEGISLATIVE HISTORY: 2017-18: A.6824 2019-20: A.4460 2021-22: A.3559B   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: This act shall take effect immediately.
Go to top

A05249 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5249--A
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 7, 2023
                                       ___________
 
        Introduced by M. of A. HUNTER, PEOPLES-STOKES, WALLACE, JACOBSON -- read
          once  and  referred  to  the  Committee  on Governmental Operations --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee
 
        AN  ACT  to  amend  the executive law and the energy law, in relation to
          requiring the updating of the state uniform fire prevention and build-
          ing code and the state energy conservation construction  code  on  the
          basis of update of certain international codes
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 377 of the executive law is renum-
     2  bered subdivision 3 and a new subdivision 2 is added to read as follows:
     3    2.  Each time a revised or updated edition of the International Build-
     4  ing Code, the International Fire  Code,  the  International  Residential
     5  Code,  the  International  Plumbing  Code,  the International Mechanical
     6  Code, the International Fuel Gas Code, the International Existing Build-
     7  ing Code, the International Property Maintenance Code  or  the  National
     8  Electrical  Code  is published, the council shall, eighteen months after
     9  publication of a revised or updated  edition,  cause  the  uniform  fire
    10  prevention  and  building  code  to be updated to reflect changes in any
    11  such revised or updated edition.  To the extent that  the  uniform  fire
    12  prevention  and building code has not been updated to reflect changes in
    13  any such revised or updated edition as of the  effective  date  of  this
    14  subdivision, the council shall, as soon as practicable and no later than
    15  eighteen  months after the effective date of this subdivision, cause the
    16  uniform fire prevention and building code to be updated to reflect  such
    17  changes.
    18    §  2.  Section  11-101 of the energy law, as amended by chapter 516 of
    19  the laws of 1984, is amended to read as follows:
    20    § 11-101. Purpose. In furtherance of the [policy] policies  set  forth
    21  in  subdivision  two of section 3-101 of this chapter and in chapter one
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06858-03-3

        A. 5249--A                          2
 
     1  hundred six of the laws of two thousand nineteen enacting the  New  York
     2  state  climate  leadership and community protection act, the legislature
     3  hereby directs that a state energy  conservation  construction  code  be
     4  adopted  to protect the health, safety and security of the people of the
     5  state and to assure a continuing supply of energy for future generations
     6  and that such code mandate that [economically] reasonable energy conser-
     7  vation techniques be used in the design and construction of  all  public
     8  and private buildings in the state.
     9    §  3. Subdivision 2 of section 11-103 of the energy law, as amended by
    10  chapter 374 of the laws of 2022, is amended to read as follows:
    11    2. (a) The state fire prevention and building code council is  author-
    12  ized,  from time to time as it deems appropriate and consistent with the
    13  purposes of this article, to review and amend the code, or adopt  a  new
    14  code,  through rules and regulations provided that the code remains cost
    15  effective with respect to building construction in the state. In  deter-
    16  mining  whether  the code remains cost effective, the code council shall
    17  consider (i) whether the life-cycle costs for a building will be  recov-
    18  ered  through savings in energy costs over the design life of the build-
    19  ing under a life-cycle cost  analysis  performed  under  methodology  as
    20  established  by  the  New  York  state  energy  research and development
    21  authority in regulations which may be updated from  time  to  time,  and
    22  (ii) secondary or societal effects, such as reductions in greenhouse gas
    23  emissions,  as defined in regulations. Before publication of a notice of
    24  proposed rule making establishing the methodology or defining  secondary
    25  or societal effects, the president of the authority shall conduct public
    26  meetings to provide meaningful opportunities for public comment from all
    27  segments  of  the  population that would be impacted by the regulations,
    28  including persons living in disadvantaged communities as  identified  by
    29  the  climate  justice working group established under section 75-0111 of
    30  the environmental conservation law.  For residential buildings, the code
    31  shall meet or exceed the  then  most  recently  published  International
    32  Energy  Conservation  Code,  or  achieve  equivalent  or  greater energy
    33  savings; and for commercial buildings, the code shall meet or exceed the
    34  then most recently published [ASHRAE] ANSI/ASHRAE/IESNA  Standard  90.1,
    35  or achieve equivalent or greater energy savings.
    36    (b) When adopting the first amended version of the code next following
    37  the  effective  date  of [the] chapter three hundred seventy-four of the
    38  laws of two thousand twenty-two [that  added  this  paragraph]  and  any
    39  subsequent  codes,  the  state fire prevention and building code council
    40  shall, as soon as practicable and no later than  eighteen  months  after
    41  the  publication of each revised or updated edition of the International
    42  Energy Conservation Code and the ANSI/ASHRAE/IESNA  Standard  90.1,  use
    43  its  best  efforts  to  adopt  provisions for residential buildings that
    44  achieve energy savings greater than energy savings achieved by the  then
    45  most  recently  published  International Energy Conservation Code and to
    46  adopt provisions for commercial buildings that  achieve  energy  savings
    47  greater than energy savings achieved by the then most recently published
    48  [ASHRAE]  ANSI/ASHRAE/IESNA Standard 90.1, both at levels recommended by
    49  the New York state energy research and development  authority,  provided
    50  that the state fire prevention and building code council determines that
    51  such  advanced  energy  savings  can be achieved while still meeting the
    52  cost effectiveness considerations contemplated by this subdivision.
    53    (c) The state fire prevention and building code council shall, as soon
    54  as practicable and no later than eighteen months after  the  publication
    55  of each revised or updated edition of the International Energy Conserva-
    56  tion Code and the ANSI/ASHRAE/IESNA Standard 90.1, cause the state ener-

        A. 5249--A                          3
 
     1  gy  conservation  construction  code to be updated to reflect changes in
     2  any such revised or updated edition.  To the extent that the state ener-
     3  gy conservation construction code has not been updated to reflect chang-
     4  es  in  any  such revised or updated edition as of the effective date of
     5  this paragraph, the council shall, as soon as practicable and  no  later
     6  than  eighteen  months after the effective date of this paragraph, cause
     7  the state energy conservation construction code to be updated to reflect
     8  such changes.
     9    § 4. This act shall take effect immediately.
Go to top

A05249 LFIN:

 NO LFIN
Go to top

A05249 Chamber Video/Transcript:

Go to top