BILL NUMBER: S7998
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the executive law, in relation to reducing the embodied
carbon emissions of buildings and building materials
 
PURPOSE OR GENERAL IDEA OF BILL:
To reduce embodied carbon emissions from large construction projects by
setting measurable reduction targets and offering flexible compliance
pathways.
 
SUMMARY OF PROVISIONS:
Section one of the bill adds new section 382-c to the executive law.
Section one of new section 382-c sets forth definitions.
Section two of new section 382-c directs the Department of State to
update the building code to reduce embodied carbon emissions in
construction projects 25,000 square feet or larger. Construction
projects may be in compliance through one of three methods: preserving
part of an existing structure, reducing emissions from specific building
materials, or using a full building life-cycle assessment.
Section three of new section 382-c stipulates that building projects
meet carbon reduction requirements if they retain at least 45% of the
existing structure and envelope, provided that the project does not
expand the total area by more than 50%. This section also requires the
Department of State to set rules to define how the 45% will be
measured-whether by cost, mass, area, or volume.
Section four of new section 382-c provides an alternative compliance
path for carbon reduction by requiring projects to limit embodied carbon
emissions from building materials to meet targets based on comparisons
to industry averages. The Department of State shall also supply a stand-
ardized reporting worksheet.
Section five of new section 382-c provides for a third compliance path
for carbon reduction by requiring a whole building life-cycle assessment
to show that a project achieves embodied carbon reductions, compared to
a functionally equivalent reference building with the same size,
location, òfunction, and thermal performance. The Department of State
shall establish rules for how these assessments are conducted.
Section six of new section 382-c provides that construction projects,
permitted under the state building code, must achieve a 15% reduction in
embodied carbon emissions from a project-wide baseline by 2030, and a
30% reduction in embodied carbon emissions by 2033.
Section seven of new section 382-c requires that all embodied carbon
reduction data be submitted by the design professional of record to a
standardized public database managed by the Department of State. The
database will include key project details and documentation of compli-
ance. This section also requires the department to create a public
website offering educational resources, compliance guidance, tools, and
training materials. Additionally, the department is required to perform
audits on 3% of projects each year to ensure compliance.
Section eight of new section 382-c requires the Department of State to
publish progress reports on achieving the 30% embodied carbon emissions
reduction goal, starting by December 31, 2028, and every three years
thereafter. It must also report major findings from the product database
and audit results on the same schedule.
Section two of the bill sets forth the effective date.
 
JUSTIFICATION:
Embodied carbon-greenhouse gas emissions associated with building mate-
rials and construction processes-represents a significant portion of a
buildings total carbon footprint, especially upfront emissions that
occur before occupancy. This legislation establishes a comprehensive
framework to reduce embodied carbon emissions in large-scale
construction projects across the state, by taking a performance based
approach. This legislation allows flexibility through multiple compli-
ance pathways: reuse of existing building components, caps on emissions
from specific materials, or a whole building life-cycle assessment. This
flexibility ensures feasibility for different project types while driv-
ing innovation and accountability.
This legislation also sets clear reduction targets and provides the
building industry with a consistent long-term signal to decarbonize,
while allowing the industry to adapt to new standards and technologies.
Additionally, this legislation emphasizes transparency and education. A
centralized public database and an accessible educational website will
support designers, builders, and regulators, while regular progress and
audit reports will allow for the monitoring of effectiveness and make
data-driven adjustments.
Overall, this legislation supports New York State's climate goals,
fosters market transformation in construction, and ensures that emis-
sions reductions are real, measurable, verifiable.
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
FISCAL IMPLICATIONS:
To be determined.
 
EFFECTIVE DATE:
This act shall take effect immediately.