N.Y. ENG Law § 11-104 — New York Code / Act ENG / Article 11 / Section 11-104
State energy conservation construction code
Status: in_force

§ 11-104. State energy conservation construction code. In addition to\nmeeting the purposes set forth in section 11-101 of this article, the\ncode shall be designed to satisfy the following specific criteria:\n  1. The code's standards and requirements, so far as may be\npracticable, shall be formulated in terms of performance objectives.\n  2. To the fullest extent feasible, use of modern technical methods,\ndevices and improvements which tend to minimize consumption of energy\nand utilize to the greatest extent practical solar and other renewable\nsources of energy without affecting reasonable requirements for the\nhealth, safety and security of the occupants or users of buildings shall\nbe permitted.\n  3. As far as may be practicable, the improvement of energy\nconservation construction practices, methods, equipment, materials and\ntechniques shall be encouraged.\n  4. The code shall provide reasonable uniform standards and\nrequirements for construction and construction materials for the\nimprovement of energy conservation construction practices.\n  5. The state fire prevention and building code council, in\nconsultation with the commissioner of the department of parks,\nrecreation and historic preservation, is authorized to adopt exemptions\nto such uniform standards and requirements for historic buildings as\ndefined in section 11-102 of this article, to the extent that the\nuniform standards and requirements would threaten, degrade, or destroy\nthe historic form, fabric, or function of such historic buildings.\n  6. (a) To the fullest extent feasible, the standards for construction\nof buildings in the code shall be designed to help achieve the state's\nclean energy and climate agenda, including but not limited to greenhouse\ngas reduction, set forth within chapter one hundred six of the laws of\ntwo thousand nineteen, also known as the New York state climate\nleadership and community protection act, and as further identified by\nthe New York state climate action council established pursuant to\nsection 75-0103 of the environmental conservation law.\n  (b) In addition to the foregoing, to support the goal of zero on-site\ngreenhouse gas emissions and help achieve the state's clean energy and\nclimate agenda, including but not limited to greenhouse gas reduction\nrequirements set forth within chapter one hundred six of the laws of two\nthousand nineteen, also known as the New York state climate leadership\nand community protection act, the code shall prohibit the installation\nof fossil-fuel equipment and building systems, in any new building not\nmore than seven stories in height, except for a new commercial or\nindustrial building greater than one hundred thousand square feet in\nconditioned floor area, on or after December thirty-first, two thousand\ntwenty-five, and the code shall prohibit the installation of fossil-fuel\nequipment and building systems, in all new buildings after December\nthirty-first, two thousand twenty-eight.\n  7. (a) The provisions set forth in paragraph (b) of subdivision six of\nthis section shall not be construed as applying to buildings existing\nprior to the effective date of the applicable prohibition, including to:\n  (i) the repair, alteration, addition, relocation, or change of\noccupancy or use of such buildings; and\n  (ii) the installation or continued use and maintenance of fossil-fuel\nequipment and building systems, including as related to cooking\nequipment, in any such buildings.\n  (b) In addition, in effectuating the provisions set forth in paragraph\n(b) of subdivision six of this section the code shall include exemptions\nfor the purposes of allowing the installation and use of fossil-fuel\nequipment and building systems where such are installed and used:\n  (i) for generation of emergency back-up power and standby power\nsystems;\n  (ii) in a manufactured home as defined in subdivision seven of section\nsix hundred one of the executive law; or\n  (iii) in a building or part of a building that is used as a\nmanufacturing facility, commercial food establishment, laboratory, car\nwash, laundromat, hospital, other medical facility, critical\ninfrastructure, including but not limited to emergency management\nfacilities, wastewater treatment facilities, and water treatment and\npumping facilities, agricultural building, fuel cell system, or\ncrematorium, as such terms are defined by the code council.\n  (c) Where the code includes an allowed exemption pursuant to\nsubparagraph (i) or (iii) of paragraph (b) of this subdivision, other\nthan agricultural buildings as defined by the council, such exemption\nshall include provisions that, to the fullest extent feasible, limit the\nuse of fossil-fuel equipment and building systems to the system and area\nof the building for which a prohibition on fossil-fuel equipment and\nbuilding systems is infeasible; require the area or service within a new\nbuilding where fossil-fuel equipment and building systems are installed\nbe electrification ready, except with respect to servicing manufacturing\nor industrial processes; and minimize emissions from the fossil-fuel\nequipment and building systems that are allowed to be used, provided\nthat the provisions set forth in this paragraph do not adversely affect\nhealth, safety, security, or fire protection. Financial considerations\nshall not be sufficient basis to determine physical or technical\ninfeasibility.\n  (d) Exemptions included in the code pursuant to this subdivision shall\nbe periodically reviewed by the state fire prevention and building code\ncouncil to assure that they continue to effectuate the purposes of\nsubdivision six of this section to the fullest extent feasible.\n  (e) The code shall allow for exemption of a new building construction\nproject that requires an application for new or expanded electric\nservice, pursuant to subdivision one of section thirty-one of the public\nservice law and/or section twelve of the transportation corporations\nlaw, when electric service cannot be reasonably provided by the grid as\noperated by the local electric corporation or municipality pursuant to\nsubdivision one of section sixty-five of the public service law;\nprovided, however, that the public service commission shall determine\nreasonableness for purposes of this exemption. For the purposes of this\nparagraph, "grid" shall have the same meaning as electric plant, as\ndefined in subdivision twelve of section two of the public service law.\n  8. For the purposes of this section:\n  (a) "Fossil-fuel equipment and building systems" shall mean (i)\nequipment, as such term is defined in section 11-102 of this article,\nthat uses fossil-fuel for combustion; or (ii) systems, other than items\nsupporting an industrial or commercial process as referred to in the\ndefinition of equipment in section 11-102 of the energy law, associated\nwith a building that will be used for or to support the supply,\ndistribution, or delivery of fossil-fuel for any purpose, other than for\nuse by motor vehicles.\n  (b) "Electrification ready" means the new building or portion thereof\nwhere fossil-fuel equipment and building systems are allowed to be used\nwhich contains electrical systems and designs that provide sufficient\ncapacity for a future replacement of such fossil-fuel equipment and\nbuilding systems with electric-powered equipment, including but not\nlimited to sufficient space, drainage, electrical conductors or\nraceways, bus bar capacity, and overcurrent protective devices for such\nelectric-powered equipment.\n  9. Standards to require new buildings that include new dedicated\noff-street parking involving a garage, driveway, parking lot or other\noff-street parking to have electric vehicle ready infrastructure and\nelectric vehicle charging stations that comply with the requirements set\nforth in this subdivision. Such standards shall not be included in the\nlife cycle analysis performed pursuant to subdivision two of section\n11-103 of this article.\n  (a) For the purposes of this subdivision:\n  (i) "electric vehicle ready infrastructure" shall mean all electrical\ncomponents, terminating in a receptacle or outlet, as necessary to\nenable electric vehicle charging and support electric vehicle charging\nstations; and\n  (ii) "electric vehicle charging station" shall mean all the equipment\nnecessary to deliver electricity from a source outside an electric\nvehicle into one or more electric vehicles, as defined by the code\ncouncil.\n  (b) When adopting a new code after December thirty-first, two thousand\ntwenty-six, such code shall include provisions that require any new\nbuilding where new off-street parking is associated with such new\nbuilding to have electric vehicle ready infrastructure and electric\nvehicle charging stations in accordance with paragraph (d) of this\nsubdivision.\n  (c) The provisions set forth in paragraph (b) of this subdivision\nshall not be construed as applying to buildings existing prior to the\nadoption of a new code after December thirty-first, two thousand\ntwenty-six, including to the repair, alteration, addition, relocation,\nor change of occupancy or use of such buildings.\n  (d) Code provisions promulgated by the state fire prevention and\nbuilding code council pursuant to this subdivision:\n  (i) may, for detached one- and two-family dwellings, provide for\nelectric vehicle ready infrastructure;\n  (ii) shall, for occupancies other than detached one- and two-family\ndwellings, require a minimum number of parking spaces with electric\nvehicle ready infrastructure and a minimum number of parking spaces with\nelectric vehicle charging stations, with minimum charging capacity\nstandards established by the council. When establishing minimum\nstandards, the council shall consider:\n  A. the goals of section 19-0306-b of the environmental conservation\nlaw;\n  B. the differing needs of various building types;\n  C. maximizing equity of access to electric vehicle charging across\nincome levels, housing types, geographic locations, and employment\ntypes;\n  D. for commercial buildings, the electric vehicle charging access\nneeds of both employees and customers; and\n  E. for multi-family residential buildings, standards that allow\nelectric vehicle charging stations be wired directly to a meter or\nelectric vehicle submeter serving a residential unit;\n  (iii) include requirements for clear and prominent signage denoting\nthe availability and location of electric vehicle ready infrastructure\nand electric vehicle charging stations; and\n  (iv) provide exemptions to such code provisions for:\n  A. projects with local, state, or federal approval subject to an\nactual or anticipated agreement with a local, state, or federal\ngovernmental entity for the purposes of providing affordable housing in\na given locality or region; and\n  B. additional exemptions due to technical infeasibility, geographic\nlocation, or building type, as the code council deems appropriate.\n