Amd §§3-101, 11-102 & 11-103, rpld §11-104 subs 6 - 9, Energy L
Returns the state's energy codes to the less expensive earlier provisions; repeals provisions of the state energy conservation construction code which relate to the state's clean energy and climate agenda.
STATE OF NEW YORK
________________________________________________________________________
8621
2025-2026 Regular Sessions
IN SENATE
December 17, 2025
___________
Introduced by Sen. MATTERA -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 3-101 of the energy law, as
2 amended by chapter 374 of the laws of 2022, is amended to read as
3 follows:
4 2. to encourage conservation of energy [and to promote the clean ener-
5 gy and climate agenda, including but not limited to greenhouse gas
6 reduction, set forth within chapter one hundred six of the laws of two
7 thousand nineteen, also known as the New York state climate leadership
8 and community protection act,] in the construction and operation of new
9 commercial, industrial, agricultural and residential buildings, and in
10 the rehabilitation of existing structures, through heating, cooling,
11 ventilation, lighting, insulation and design techniques and the use of
12 energy audits and life-cycle costing analysis;
13 § 2. Subdivision 3 of section 11-102 of the energy law, as amended by
14 chapter 374 of the laws of 2022, is amended to read as follows:
15 3. "ASHRAE [90.1] 90.1-2016." ANSI/ASHRAE/IES Standard [90.1]
16 90.1-2016, entitled "Energy Standard for Buildings Except Low-Rise Resi-
17 dential Buildings," published by American Society of Heating, Refriger-
18 ating and Air-Conditioning Engineers, Inc.
19 § 3. Subdivision 2 of section 11-103 of the energy law, as amended by
20 chapter 374 of the laws of 2022, is amended to read as follows:
21 2. [(a)] The state fire prevention and building code council is
22 authorized, from time to time as it deems appropriate and consistent
23 with the purposes of this article, to review and amend the code, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14268-01-5
S. 8621 2
1 adopt a new code, through rules and regulations provided that the code
2 remains cost effective with respect to building construction in the
3 state. In determining whether the code remains cost effective, the code
4 council shall consider [(i) whether the life-cycle costs for a building
5 will be recovered through savings in energy costs over the design life
6 of the building under a life-cycle cost analysis performed under method-
7 ology as established by the New York state energy research and develop-
8 ment authority in regulations which may be updated from time to time,
9 and (ii) secondary or societal effects, such as reductions in greenhouse
10 gas emissions, as defined in regulations. Before publication of a notice
11 of proposed rule making establishing the methodology or defining second-
12 ary or societal effects, the president of the authority shall conduct
13 public meetings to provide meaningful opportunities for public comment
14 from all segments of the population that would be impacted by the regu-
15 lations, including persons living in disadvantaged communities as iden-
16 tified by the climate justice working group established under section
17 75-0111 of the environmental conservation law] whether the cost of mate-
18 rials and their installation necessary to meet code standards would be
19 equal to or less than the present value of energy savings that could be
20 expected over a ten year period in the building in which such materials
21 are installed. For residential buildings, the code shall meet or exceed
22 the [then most recently published] 2018 International Energy Conserva-
23 tion Code, or achieve equivalent or greater energy savings; and for
24 commercial buildings, the code shall meet or exceed [the then most
25 recently published] ASHRAE [90.1] 90.1-2016, or achieve equivalent or
26 greater energy savings.
27 [(b) When adopting the first amended version of the code next follow-
28 ing the effective date of the chapter of the laws of two thousand twen-
29 ty-two that added this paragraph and any subsequent codes, the state
30 fire prevention and building code council shall use its best efforts to
31 adopt provisions for residential buildings that achieve energy savings
32 greater than energy savings achieved by the then most recently published
33 International Energy Conservation Code and to adopt provisions for
34 commercial buildings that achieve energy savings greater than energy
35 savings achieved by the then most recently published ASHRAE 90.1, both
36 at levels recommended by the New York state energy research and develop-
37 ment authority, provided that the state fire prevention and building
38 code council determines that such advanced energy savings can be
39 achieved while still meeting the cost effectiveness considerations
40 contemplated by this subdivision.]
41 § 4. Subdivisions 6, 7, 8 and 9 of section 11-104 of the energy law
42 are REPEALED.
43 § 5. This act shall take effect immediately.
