2023 New York Laws › ENG - Energy › Article 11 - State Energy Conservation Construction Code Act › 11-104 - State Energy Conservation Construction Code.

§  11-104. State energy conservation construction code. In addition to
meeting the purposes set forth in section 11-101 of  this  article,  the
code shall be designed to satisfy the following specific criteria:
1.   The   code's  standards  and  requirements,  so  far  as  may  be
practicable, shall be formulated in terms of performance objectives.
2. To the fullest extent feasible, use of  modern  technical  methods,
devices  and  improvements  which tend to minimize consumption of energy
and utilize to the greatest extent practical solar and  other  renewable
sources  of  energy  without  affecting  reasonable requirements for the
health, safety and security of the occupants or users of buildings shall
be permitted.
3.  As  far  as  may  be  practicable,  the  improvement   of   energy
conservation  construction  practices, methods, equipment, materials and
techniques shall be encouraged.
4.  The  code  shall  provide   reasonable   uniform   standards   and
requirements   for  construction  and  construction  materials  for  the
improvement of energy conservation construction practices.
5.  The  state  fire  prevention  and  building   code   council,   in
consultation   with   the  commissioner  of  the  department  of  parks,
recreation and historic preservation, is authorized to adopt  exemptions
to  such  uniform  standards  and requirements for historic buildings as
defined in section 11-102 of  this  article,  to  the  extent  that  the
uniform  standards  and requirements would threaten, degrade, or destroy
the historic form, fabric, or function of such historic buildings.
6. (a) To the fullest extent feasible, the standards for  construction
of  buildings  in the code shall be designed to help achieve the state's
clean energy and climate agenda, including but not limited to greenhouse
gas reduction, set forth within chapter one hundred six of the  laws  of
two  thousand  nineteen,  also  known  as  the  New  York  state climate
leadership and community protection act, and as  further  identified  by
the  New  York  state  climate  action  council  established pursuant to
section 75-0103 of the environmental conservation law.
(b) In addition to the foregoing, to support the goal of zero  on-site
greenhouse  gas  emissions and help achieve the state's clean energy and
climate agenda, including but not limited to  greenhouse  gas  reduction
requirements set forth within chapter one hundred six of the laws of two
thousand  nineteen,  also known as the New York state climate leadership
and community protection act, the code shall prohibit  the  installation
of  fossil-fuel  equipment and building systems, in any new building not
more than seven stories in  height,  except  for  a  new  commercial  or
industrial  building  greater  than  one hundred thousand square feet in
conditioned floor area, on or after December thirty-first, two  thousand
twenty-five, and the code shall prohibit the installation of fossil-fuel
equipment  and  building  systems,  in  all new buildings after December
thirty-first, two thousand twenty-eight.
7. (a) The provisions set forth in paragraph (b) of subdivision six of
this section shall not be construed as applying  to  buildings  existing
prior to the effective date of the applicable prohibition, including to:
(i)  the  repair,  alteration,  addition,  relocation,  or  change  of
occupancy or use of such buildings; and
(ii) the installation or continued use and maintenance of  fossil-fuel
equipment   and  building  systems,  including  as  related  to  cooking
equipment, in any such buildings.
(b) In addition, in effectuating the provisions set forth in paragraph
(b) of subdivision six of this section the code shall include exemptions
for the purposes of allowing the installation  and  use  of  fossil-fuel
equipment and building systems where such are installed and used:
(i)  for  generation  of  emergency  back-up  power  and standby power
systems;
(ii) in a manufactured home as defined in subdivision seven of section
six hundred one of the executive law; or
(iii)  in  a  building  or  part  of  a  building  that  is  used as a
manufacturing facility, commercial food establishment,  laboratory,  car
wash,   laundromat,   hospital,   other   medical   facility,   critical
infrastructure,  including  but  not  limited  to  emergency  management
facilities,  wastewater  treatment  facilities,  and water treatment and
pumping  facilities,  agricultural  building,  fuel  cell   system,   or
crematorium, as such terms are defined by the code council.
(c)   Where  the  code  includes  an  allowed  exemption  pursuant  to
subparagraph (i) or (iii) of paragraph (b) of  this  subdivision,  other
than  agricultural  buildings  as defined by the council, such exemption
shall include provisions that, to the fullest extent feasible, limit the
use of fossil-fuel equipment and building systems to the system and area
of the building for which a prohibition  on  fossil-fuel  equipment  and
building systems is infeasible; require the area or service within a new
building  where fossil-fuel equipment and building systems are installed
be electrification ready, except with respect to servicing manufacturing
or industrial processes; and minimize  emissions  from  the  fossil-fuel
equipment  and  building  systems  that are allowed to be used, provided
that the provisions set forth in this paragraph do not adversely  affect
health,  safety,  security, or fire protection. Financial considerations
shall not  be  sufficient  basis  to  determine  physical  or  technical
infeasibility.
(d) Exemptions included in the code pursuant to this subdivision shall
be  periodically reviewed by the state fire prevention and building code
council to assure that they  continue  to  effectuate  the  purposes  of
subdivision six of this section to the fullest extent feasible.
(e)  The code shall allow for exemption of a new building construction
project that requires  an  application  for  new  or  expanded  electric
service, pursuant to subdivision one of section thirty-one of the public
service  law  and/or  section  twelve of the transportation corporations
law, when electric service cannot be reasonably provided by the grid  as
operated  by  the local electric corporation or municipality pursuant to
subdivision one  of  section  sixty-five  of  the  public  service  law;
provided,  however,  that  the public service commission shall determine
reasonableness for purposes of this exemption. For the purposes of  this
paragraph,  "grid"  shall  have  the  same meaning as electric plant, as
defined in subdivision twelve of section two of the public service law.
8. For the purposes of this section:
(a) "Fossil-fuel  equipment  and  building  systems"  shall  mean  (i)
equipment,  as  such  term is defined in section 11-102 of this article,
that uses fossil-fuel for combustion; or (ii) systems, other than  items
supporting  an  industrial  or  commercial process as referred to in the
definition of equipment in section 11-102 of the energy law,  associated
with  a  building  that  will  be  used  for  or  to support the supply,
distribution, or delivery of fossil-fuel for any purpose, other than for
use by motor vehicles.
(b) "Electrification ready" means the new building or portion  thereof
where  fossil-fuel equipment and building systems are allowed to be used
which contains electrical systems and designs  that  provide  sufficient
capacity  for  a  future  replacement  of such fossil-fuel equipment and
building systems with  electric-powered  equipment,  including  but  not
limited   to   sufficient  space,  drainage,  electrical  conductors  or
raceways, bus bar capacity, and overcurrent protective devices for  such
electric-powered equipment.