BILL NUMBER: S9921
SPONSOR: SKOUFIS
 
TITLE OF BILL:
An act to amend the executive law, in relation to permitting unvented
attics and unvented enclosed rafter assemblies to be sealed with air-im-
permeable insulation in order to help attain building decarbonization
goals
 
PURPOSE OR GENERAL IDEA OF BILL:
This bill will provide additional options for home builders to meet code
requirements by updating the code to allow for a more appropriate R-va-
lue for air-impermeable insulation applied to the roof deck in unvented
attics and unvented enclosed rafter assemblies. This code change will
decrease the cost of utilizing air-impermeable insulation for home
builders and homeowners, making a better product more affordable for New
Yorkers. This bill would not dictate a specific method for meeting code
requirements, rather, it would provide an additional option to meet
building code requirements.
 
SUMMARY OF PROVISIONS:
Section 1: Provides a legislative intent.
Section 2: Amends § 378 of the Executive Law by adding a new subdivision
21 to prescribe the requirements of unvented attics and unvented rafter
assemblies sealed with air-impermeable insulation.
Section 3: Sets the effective date.
 
JUSTIFICATION:
Currently, New York's building code has a one-sized fits all approach to
attic insulation. However, recent modeling has shown that the energy
performance of an unvented attic, insulated and sealed with air-imperme-
able insulation will outperform traditional attics by a factor of about
50%. The Code does not properly consider the efficiencies and advantages
of utilizing air-impermeable insulation in unvented attics. As a result,
home builders and homeowners are required to use the same R-value for
unvented attics utilizing air-impermeable insulation on the roof deck as
they would for standard fiberglass attic insulation in attic floors. The
current Code requires builders and homeowners to install additional
insulation in unvented attics, that is providing little to no payback to
builders. This bill corrects this oversight and promotes the building of
more efficient attics in New York.
In this respect, the building code does not take into consideration the
efficiencies that are achieved by insulating and sealing the attic space
where HVAC equipment and ducting exists. By right-sizing the R-value for
unvented attics and unvented rafter assemblies sealed with air-impermea-
ble insulation - New York can incentivize home builders and homeowners
to utilize a superior product without pricing consumers out of the
market. This change would not require air-impermeable insulation as the
only method by which to insulate an attic, rather it would provide an
additional option for home builders and homeowners to consider.
As New York State transitions into all-electric building construction, a
well-insulated and sealed home is integral for the maximum efficiency of
a heat pump and onsite renewables. Buildings with HVAC equipment and
ducts located in a vented attic have excessive energy consumption
because of the inhospitable environment in which they are located.
Unvented attics and unvented enclosed rafter assemblies sealed with
air-impermeable insulation provide additional benefits as heat pumps and
onsite renewables work best in spaces that don't waste energy due to low
insulation levels or airflow leaks. The use of air impermeable insu-
lation in this manner aids the state's efforts and targets on building
decarbonization and energy efficiency.
 
PRIOR LEGISLATIVE HISTORY:
New Bill
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law. Effective immediately, the state fire
prevention and building code council shall promulgate the standards
required by this act.

Statutes affected:
S9921: 378 executive law