2023 New York Laws › ENG - Energy › Article 11 - State Energy Conservation Construction Code Act › 11-103 - Applications.

§   11-103.   Applications.  1.  (a)  The  state  energy  conservation
construction code adopted by the state fire prevention and building code
council and  consisting  of  a  building  energy  code  for  residential
buildings throughout the state and a building energy code for commercial
buildings  throughout the state is continued until amended or a new code
is adopted and effective.
(b) The code shall apply to the construction of any new building.  The
code shall also apply to an addition to, and alteration of, any existing
building  or building system; provided, however, that the code shall not
be interpreted to require any unaltered portion of the existing building
or building system to comply with the code. The code shall be subject to
such other exceptions as may be adopted by the state fire prevention and
building code council provided that such exceptions  shall  not  prevent
the attainment of the compliance goals set forth in section 410(2)(c) of
the American Recovery and Reinvestment Act of 2009.
2.  (a)  The  state  fire  prevention  and  building  code  council is
authorized, from time to time as it  deems  appropriate  and  consistent
with  the  purposes  of  this  article, to review and amend the code, or
adopt a new code, through rules and regulations provided that  the  code
remains  cost  effective  with  respect  to building construction in the
state. In determining whether the code remains cost effective, the  code
council  shall  consider (i) whether the life-cycle costs for a building
will be recovered through savings in energy costs over the  design  life
of  the  building  under  a  life-cycle  cost  analysis  performed under
methodology as established by the New York  state  energy  research  and
development  authority  in regulations which may be updated from time to
time, and (ii) secondary or societal  effects,  such  as  reductions  in
greenhouse  gas emissions, as defined in regulations. Before publication
of a notice of proposed rule  making  establishing  the  methodology  or
defining  secondary  or societal effects, the president of the authority
shall conduct public meetings to provide  meaningful  opportunities  for
public  comment  from  all  segments  of  the  population  that would be
impacted by the regulations, including persons living  in  disadvantaged
communities   as   identified  by  the  climate  justice  working  group
established under section 75-0111 of the environmental conservation law.
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 for commercial buildings,  the
code  shall meet or exceed the then most recently published ASHRAE 90.1,
or achieve equivalent or greater energy savings.
(b) When adopting the first amended version of the code next following
the effective date of the chapter of the laws of two thousand twenty-two
that added this paragraph and  any  subsequent  codes,  the  state  fire
prevention and building code council shall use its best efforts to adopt
provisions for residential buildings that achieve energy savings greater
than  energy  savings  achieved  by  the  then  most  recently published
International Energy Conservation  Code  and  to  adopt  provisions  for
commercial  buildings  that  achieve  energy savings greater than energy
savings achieved by the then most recently published ASHRAE  90.1,  both
at  levels  recommended  by  the  New  York  state  energy  research and
development authority, provided  that  the  state  fire  prevention  and
building  code  council determines that such advanced energy savings can
be achieved while still meeting the  cost  effectiveness  considerations
contemplated by this subdivision.
* 3.  Notwithstanding  any  other  provision  of  law,  the state fire
prevention and building code council  in  accordance  with  the  mandate
under  this  article shall have exclusive authority among state agencies
to promulgate a  construction  code  incorporating  energy  conservation

features and clean energy features applicable to the construction of any
building,  including  but  not  limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by  any
other state agency, incorporating specific energy conservation and clean
energy  requirements  applicable  to  the  construction of any building,
shall be superseded by the code promulgated pursuant  to  this  section.
Notwithstanding  the  foregoing, nothing in this section shall be deemed
to expand the  powers  of  the  council  to  include  matters  that  are
exclusively  within  the  statutory  jurisdiction  of the public service
commission, the department of  environmental  conservation,  or  another
state entity.
* NB Effective until December 31, 2040
* 3.  Notwithstanding  any  other  provision  of  law,  the state fire
prevention and building code council  in  accordance  with  the  mandate
under  this  article shall have exclusive authority among state agencies
to promulgate a  construction  code  incorporating  energy  conservation
features and clean energy features applicable to the construction of any
building,  including  but  not  limited to greenhouse gas reduction. Any
other code, rule or regulation heretofore promulgated or enacted by  any
other state agency, incorporating specific energy conservation and clean
energy  requirements  applicable  to  the  construction of any building,
shall be superseded by the code promulgated pursuant  to  this  section.
Notwithstanding  the  foregoing, nothing in this section shall be deemed
to expand the  powers  of  the  council  to  include  matters  that  are
exclusively  within  the  statutory  jurisdiction  of the public service
commission, the department of environmental conservation, the office  of
renewable energy siting or another state entity.
* NB Effective December 31, 2040
4.   The   secretary   of   state   is  authorized  to  issue  written
interpretations of the code upon written request of a  permit  applicant
or  the  official  responsible for the administration and enforcement of
the provisions of the code. Subsequent enforcement of the code shall  be
consistent with such written interpretations.