BILL NUMBER: S2091
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the executive law, in relation to establishing standards
for the reuse of deconstructed building materials
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow the use of reclaimed or used wood in construction and provide
for standards for the condition of reclaimed wood allowed to be used in
construction.
 
SUMMARY OF PROVISIONS:
Section one amends section 377(2)(c) of the Executive Law to explicitly
include reuse of deconstructed building materials in the list of modern
technical methods, devices, and improvements to be permitted to the
fullest extent possible in the New York State uniform building code.
Section two amends section 378 of the Executive Law by adding a new
subdivision 19-a which directs that the uniform building code shall set
standards for the use of solid-sawn lumber in construction; provides for
the grading of used solid-sawn lumber, indicating that the code shall
apply certain specific standards for used solid-sawn lumber which may be
assumed to be in "in good condition".
Section three amends section 376 of the Executive Law to add a new
subdivision 7 directing the Secretary of State to establish, in consul-
tation with industry stakeholders, a program for grading reclaimed wood
for structural purposes.
Section four sets forth the effective date.
 
JUSTIFICATION:
The use of salvaged wood from deconstructed buildings is an important
component of sustainable building practices and can contribute to pres-
ervation of precious natural resources as well as to the reduction of
greenhouse gas emissions and construction waste going to landfills.
However, the lack of a standardized quality grading system makes it
difficult for builders and contractors to determine the structural
integrity of reclaimed wood.
Currently, under the international Building Code, quality, salvaged
solid-sawn lumber that is ungraded or does not have a certificate of
inspection cannot be reused in a structural capacity unless explicitly
allowed by a building code official. This adds cost and delays, and
discourages the use of wood that may be perfectly usable. However, a
state may amend its building code to allow for such wood to be graded on
site by builders and contractors. Washington State is a recent example.
This bill allows the use of undamaged, reclaimed lumber in construction
in New York State and preserves safety by establishing assumed base
values of grading for reclaimed lumber which may be applied at a
construction project site by builders and contractors, allowing struc-
tural use only to the capacity of the weakest wood type that could have
been used in a previous building. By developing a state program for
grading reclaimed wood and determining its structural properties, this
bill will provide builders and contractors with the information they
need to confidently use reclaimed wood for structural purposes. It will
reduce the amount of reclaimed wood discarded and promote sustainable
building practices.
 
PRIOR LEGISLATIVE HISTORY:
2024: S8614 (Kavanagh) - PASSED SENATE /A9290 (Kelles) referred to
governmental operations
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S2091: 378 executive law, 376 executive law