NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8143A
TITLE OF BILL:
An act to amend the energy law, the executive law and the state finance
law, in relation to establishing the "advanced building codes, appliance
and equipment efficiency standards act of 2022"
PURPOSE OR GENERAL IDEA OF BILL:
To remove current barriers in the Energy Law that could impede the
adoption of updates to the State Energy Conservation Construction Code
(Energy Code) needed to align the Energy Code with the clean energy and
climate policies and goals of the State, as well as increase the state's
efficiency standards for appliances.
SUMMARY OF PROVISIONS:
Section 1 of the bill would title this bill as the "Advanced Building
Codes, Appliance and Equipment Efficiency Standards Act of 2022."
Section 2 of this bill would amend subdivision 2 of section 3-101 of the
Energy Law by adding the encouragement of clean energy and implementa-
tion of the climate agenda set forth within the Climate Leadership and
Community Protection Act to a statement of the State's energy policy
relating to the construction and operation of new buildings and in the
rehabilitation of existing buildings.
Section 3 of this bill would amend section 11-102 of the Energy Law by
revising the definition of "ASHRAE 90.1,", "Historic building" and adds
a new definition of "life-cycle cost."
Section 4 of this bill would amend section 11-103 of the Energy Law by
removing the fixed list of changes to existing buildings that are auto-
matically exempt from the Energy Code, and allows the Code Council to
determine which exceptions, if any, should be included in the Energy
Code and provides that for the purposes of considering the cost effec-
tiveness of proposed amendments to the Energy Code, a life-cycle cost
analysis should be used, and secondary or societal effects, such as
reductions in carbon emissions, should be considered. The Authority
shall conduct public meetings to provide opportunities for public
comment from individuals that could be impacted by regulations, includ-
ing individuals living in disadvantaged communities as identified by the
Climate Justice Working Group. Nothing in this section shall be deemed
to expand the powers of the Building Code Council to include matters
that are exclusively within the statutory jurisdiction of the Public
Service Commission (PSC), Department of Environmental Conservation
(DEC), Office of Renewable Energy Siting (ORES)or another State entity.
Section 5 of this bill would amend section 11-104 of the Energy Law by
adding a new subdivision 6, which will provide that the Energy Code
shall be designed to help achieve the State's clean energy and climate
agenda set forth within the Climate Leadership and Community Protection
Act. The Building Code Council shall provide exemptions to the standards
and requirements that would threaten, degrade or destroy the historic
form, fabric or function of historic buildings. The Building Code Coun-
cil, in consultation with the State Commissioner of Parks, Recreation
and Historic Preservation, shall make a determination for an exemption
to the standards and requirements pursuant to his section.
Sections 6 of this bill would amend the article heading of Article 16 of
the Energy Law. Section 6-a amends section 16-102 of the Energy Law by
adding a new subdivision 1-a to define "product," meaning any appliance
or equipment, other than a motor vehicle, which in operation consumes or
is designed to consume energy or to result in the consumption of energy,
including any water-related appliance, equipment or fixture that is
designed to consume or result in the consumption of energy in its opera-
tion or use.
Sections 7 through 13 of this bill would amend section 16-102 of the
energy law to modify existing definitions and add new definitions for
products that would be covered by this bill.
Section 14 of this bill would amend section 16-104 of the Energy Law to
provide for revisions to the applicability and enforcement of this act.
The adoption of efficiency standards for any water-related appliances,
equipment or fixtures shall be subject to the approval of the Commis-
sioner of the Department of Environmental Conservation. When adopting
flexible demand appliance standards, the New York State Energy Research
and Development Authority (NYSERDA) shall consider cybersecurity proto-
cols, and at a minimum, the North American Electric Reliability Corpo-
ration's Critical Infrastructure Protection Standards.
Section 15 of this bill would add a new section 16-105 to the Energy Law
to authorize the adoption, by regulation, all currently applicable
Federal efficiency standards. The Federal efficiency standards shall
remain in effect in the State unless amended or rescinded by NYSERDA.
Section 16 of this bill would amend section 16-106 of the Energy Law to
provide express authority to the President of NYSERDA, in consultation
with the Secretary of State, to establish energy efficiency performance
standards and promulgate regulations to achieve them, conduct investi-
gations and reporting requirements. Pursuant to this section, efficien-
cy standards and regulations established by NYSERDA and the Secretary of
State shall not result in a net increase in co-pollutant emissions or
otherwise disproportionately burden disadvantaged communities as identi-
fied by the Climate Justice Working Group. NYSERDA shall conduct public
meetings to provide opportunities for public comment prior to adopting a
proposed standard or regulation. NYSERDA and the Department of State are
required to submit a report to the Governor and Legislature on the
status of efficiency standards regulations by March of 2026. New effi-
ciency standards should be developed whenever feasible in coordination
with similar efforts by other states.
Sections 17 and 18 of this bill would amend sections 16-107 and 16-108
of the Energy Law to provide for investigation and enforcement of
violations under this act related to appliance and product standards to
provide the Secretary of State with the power and authority to enforce
standards and issue fines for violations or refer investigations to the
Attorney General for enforcement.
Section 19 of this bill would amend section 16 by adding a new section
16-109 of the Energy Law to address potential conflicts of laws.
Section 20 of this bill would amend section 94-a of the Executive Law to
grant the Secretary of State authority to enforce appliance standards.
Section 21 of this bill would amend section 374 of the Executive Law to
require the Building Code Council to, at a minimum, to meet quarterly.
Section 22 of this bill would amend section 97-www of the State Finance
Law to provide for administration of certain funds derived from enforce-
ment or settlements under this act.
Section 23 of this bill would prohibit a building code or other require-
ment applicable to commercial or residential buildings or construction
to exclude the use of a substance pursuant to 42 U.S.0 7671k. A
substance under review but not yet listed by the United States Environ-
mental Protection Agency pursuant to 42 U.S.0 7671K may be allowed for
use if such substance has a lower global warming potential than alterna-
Section 24 of this bill is the effective date.
Buildings are the single largest user of energy in the State of New
York, accounting for almost 60% of all energy consumed by end-use in the
State. Building energy codes govern new buildings and modifications to
existing buildings, directly impacting a building's energy load and
carbon footprint. Increasing the efficiency of buildings will have a
significant impact on New York's energy use and have a major impact in
achieving our energy and climate goals. Increasing the efficiency of
buildings will reduce our power demand and decrease our environmental
impact while reducing the cost of operating a building. Furthermore,
product and appliance standards prevent New Yorkers from wasting money
in the use of everyday items by setting performance and efficiency stan-
dards that reduce energy use, paying for themselves. Adoption of energy
efficiency and GHG standards will conserve energy, reduce pollution and
save money. Analysis shows that energy efficiency product standards have
the potential to deliver the reduction of over 36 million metric tons of
carbon dioxide equivalent (CO2e) emissions over the lifetime of measures
in place by 2030 - equivalent to removing an average of half a million
cars from the road each year.
The proposed product and appliance standards will deliver a projected
$15 billion of total utility bill savings by 2035 for New York consum-
ers, including an estimated $6 billion in total utility bill savings for
low-to moderate-income households. This legislation also provides DOS
with enforcement authority over any state standards.
PRIOR LEGISLATIVE HISTORY:
2020-2021: A8143 (Fahy) referred to energy
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
This act takes effect immediately, except that section 6 through section
23 would take effect 180 days after enactment.