A05249 Summary:

BILL NOA05249
 
SAME ASSAME AS S03531
 
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.
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A05249 Actions:

BILL NOA05249
 
03/07/2023referred to governmental operations
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A05249 Committee Votes:

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A05249 Floor Votes:

There are no votes for this bill in this legislative session.
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A05249 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A5249
 
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 uninform 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.
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A05249 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          5249
 
                               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
 
        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
    22  hundred six of the laws of two thousand nineteen enacting the  New  York
    23  state  climate  leadership and community protection act, the legislature
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06858-01-3

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

        A. 5249                             3
 
     1  conservation construction code has not been updated to  reflect  changes
     2  in  any such revised or updated edition as of the effective date of this
     3  paragraph, the council shall, as soon as practicable and no  later  than
     4  eighteen  months  after  the effective date of this paragraph, cause the
     5  state energy conservation construction code to  be  updated  to  reflect
     6  such changes.
     7    § 4. This act shall take effect immediately.
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A05249 LFIN:

 NO LFIN
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A05249 Chamber Video/Transcript:

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