BILL NUMBER: S8621
SPONSOR: MATTERA
 
TITLE OF BILL:
An act to amend the energy law, in relation to returning the state's
energy codes to the 2020 provisions; and to repeal certain provisions of
such law relating to the state energy conservation construction code
 
PURPOSE:
This bill would return the State Energy Conservation Construction Code
(Energy Code) to the 2020 provisions.
 
SUMMARY OF PROVISIONS:
Section 1. remove language that the state's energy policy must comply
with the Climate Leadership and Community Protection Act (CLCPA).
Section 2. Redefines ASHRAE 90.1 to clarify it refers to the 2016
version.
Section 3. In determining whether the Energy Code remains cost effec-
tive, the Code Council must consider whether the cost of materials and
their installation necessary to meet code standards would be equal to or
less than the present value of energy savings that could be expected
over a ten-year period in the building in which such materials are
installed. Additionally, for residential buildings, the Energy Code must
meet or exceed the 2018 International Energy Conservation Code or
achieve equivalent or greater energy savings and for commercial build-
ings it must meet or exceed ASHRAE 90.1 - 2016 or achieve equivalent or
greater energy savings.
Section 4 removes the requirements that the Energy Code All Electric
Building mandate be included in the Energy Code.
 
EXISTING LAW:
In determining whether the Energy Code remains cost effective, the Code
Council must 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 method-
ology as established by the New York state energy research and develop-
ment 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.
For residential buildings the Energy Code must meet or exceed the most
recently published International Energy Conservation Construction Code
and for commercial buildings, the Energy Code must meet or exceed the
most recently published ASHRAE 90.1. The Energy Codes must include the
All Electric Building mandate starting January 1, 2026.
 
JUSTIFICATION:
This legislation would allow developers to comply with the 2020 New York
State Energy Code rather than the 2025 Energy Code. Compliance with the
2025 Energy Code would increase construction costs for the average
single-family home by more than $30,000-driven by an additional $20,000
to $25,000 to meet the all-electric building mandate, plus approximately
$7,400 to comply with other new code requirements.
New Yorkers across the state are already facing a severe housing afford-
ability crisis, and the 2025 Energy Code will only make that crisis
worse. The average cost to build a 2,100-squarefoot home in New York is
already $371,000-the sixth highest in the nation. The added costs
imposed by the 2025 Energy Code are likely to push the average price
above $400,000, placing the American Dream of homeownership further out
of reach for countless New York families.
 
FISCAL IMPLICATIONS:
None to the State
 
EFFECTIVE DATE:
Immediately.

Statutes affected:
S8621: 3-101 energy law, 3-101(2) energy law, 11-102 energy law, 11-102(3) energy law, 11-103 energy law, 11-103(2) energy law