Energy Law Section 11-104
State energy conservation construction code
1.The code’s standards and requirements, so far as may be practicable, shall be formulated in terms of performance objectives.
2.To the fullest extent feasible, use of modern technical methods, devices and improvements which tend to minimize consumption of energy and utilize to the greatest extent practical solar and other renewable sources of energy without affecting reasonable requirements for the health, safety and security of the occupants or users of buildings shall be permitted.
3.As far as may be practicable, the improvement of energy conservation construction practices, methods, equipment, materials and techniques shall be encouraged.
4.The code shall provide reasonable uniform standards and requirements for construction and construction materials for the improvement of energy conservation construction practices.
5.The state fire prevention and building code council, in consultation with the commissioner of the department of parks, recreation and historic preservation, is authorized to adopt exemptions to such uniform standards and requirements for historic buildings as defined in § 11-102 (Definitions)section 11-102 of this article, to the extent that the uniform standards and requirements would threaten, degrade, or destroy the historic form, fabric, or function of such historic buildings.
6.(a) To the fullest extent feasible, the standards for construction of buildings in the code shall be designed to help achieve the state’s clean energy and climate agenda, including but not limited to greenhouse gas reduction, set forth within chapter one hundred six of the laws of two thousand nineteen, also known as the New York state climate leadership and community protection act, and as further identified by the New York state climate action council established pursuant to Environmental Conservation Law § 75-0103 (New York state climate action council)section 75-0103 of the environmental conservation law.
(b)In addition to the foregoing, to support the goal of zero on-site greenhouse gas emissions and help achieve the state’s clean energy and climate agenda, including but not limited to greenhouse gas reduction requirements set forth within chapter one hundred six of the laws of two thousand nineteen, also known as the New York state climate leadership and community protection act, the code shall prohibit the installation of fossil-fuel equipment and building systems, in any new building not more than seven stories in height, except for a new commercial or industrial building greater than one hundred thousand square feet in conditioned floor area, on or after December thirty-first, two thousand twenty-five, and the code shall prohibit the installation of fossil-fuel equipment and building systems, in all new buildings after December thirty-first, two thousand twenty-eight.
7.(a) The provisions set forth in paragraph (b) of subdivision six of this section shall not be construed as applying to buildings existing prior to the effective date of the applicable prohibition, including to:
(i)the repair, alteration, addition, relocation, or change of occupancy or use of such buildings; and
(ii)the installation or continued use and maintenance of fossil-fuel equipment and building systems, including as related to cooking equipment, in any such buildings.
(b)In addition, in effectuating the provisions set forth in paragraph (b) of subdivision six of this section the code shall include exemptions for the purposes of allowing the installation and use of fossil-fuel equipment and building systems where such are installed and used:
(i)for generation of emergency back-up power and standby power systems;
(ii)in a manufactured home as defined in subdivision seven of Executive Law § 601 (Definitions)section six hundred one of the executive law; or
(iii)in a building or part of a building that is used as a manufacturing facility, commercial food establishment, laboratory, car wash, laundromat, hospital, other medical facility, critical infrastructure, including but not limited to emergency management facilities, wastewater treatment facilities, and water treatment and pumping facilities, agricultural building, fuel cell system, or crematorium, as such terms are defined by the code council.
(c)Where the code includes an allowed exemption pursuant to subparagraph (i) or (iii) of paragraph (b) of this subdivision, other than agricultural buildings as defined by the council, such exemption shall include provisions that, to the fullest extent feasible, limit the use of fossil-fuel equipment and building systems to the system and area of the building for which a prohibition on fossil-fuel equipment and building systems is infeasible; require the area or service within a new building where fossil-fuel equipment and building systems are installed be electrification ready, except with respect to servicing manufacturing or industrial processes; and minimize emissions from the fossil-fuel equipment and building systems that are allowed to be used, provided that the provisions set forth in this paragraph do not adversely affect health, safety, security, or fire protection. Financial considerations shall not be sufficient basis to determine physical or technical infeasibility.
(d)Exemptions included in the code pursuant to this subdivision shall be periodically reviewed by the state fire prevention and building code council to assure that they continue to effectuate the purposes of subdivision six of this section to the fullest extent feasible.
(e)The code shall allow for exemption of a new building construction project that requires an application for new or expanded electric service, pursuant to subdivision one of Public Service Law § 31 (Applications for service)section thirty-one of the public service law and/or Transportation Corporations Law § 12 (Gas and electricity must be supplied on application)section twelve of the transportation corporations law, when electric service cannot be reasonably provided by the grid as operated by the local electric corporation or municipality pursuant to subdivision one of Public Service Law § 65 (Safe and adequate service)section sixty-five of the public service law; provided, however, that the public service commission shall determine reasonableness for purposes of this exemption. For the purposes of this paragraph, “grid” shall have the same meaning as electric plant, as defined in subdivision twelve of Public Service Law § 2 (Definitions)section two of the public service law.
8.For the purposes of this section:
(a)“Fossil-fuel equipment and building systems” shall mean (i) equipment, as such term is defined in § 11-102 (Definitions)section 11-102 of this article, that uses fossil-fuel for combustion; or
(ii)systems, other than items supporting an industrial or commercial process as referred to in the definition of equipment in Energy Law § 11-102 (Definitions)section 11-102 of the energy law, associated with a building that will be used for or to support the supply, distribution, or delivery of fossil-fuel for any purpose, other than for use by motor vehicles.
(b)“Electrification ready” means the new building or portion thereof where fossil-fuel equipment and building systems are allowed to be used which contains electrical systems and designs that provide sufficient capacity for a future replacement of such fossil-fuel equipment and building systems with electric-powered equipment, including but not limited to sufficient space, drainage, electrical conductors or raceways, bus bar capacity, and overcurrent protective devices for such electric-powered equipment.
Section 11-104 — State energy conservation construction code,
https://www.nysenate.gov/legislation/laws/ENG/11-104 (updated May 12, 2023; accessed Nov. 25, 2023).