On September 1, 2009 Governor Paterson signed the State Green Building Construction Act into law. The act stipulates that new state buildings and major renovations of existing buildings comply with green building guidelines established by the Office of General Service. The OGS has recognized LEED, Green Globes, and the American National Standards Institute as model green building programs.
The NYS Department of State Division of Code Enforcement and Administration has the responsibility to administer, make amendments, and provide technical support in the form of interpretations and variances. By legislative authority, the Secretary of State can, through regulation, amend the code. Amendments are developed and adopted through a formal rulemaking process that includes a public review period. Interested parties can provide written comments on the amendments prior to promulgating the changes.
State legislation restricts the amendments to those that meet a 10-year discounted payback to the building owner. Local governments may adopt their own energy conservation requirements after notifying the state, but these requirements must be no less restrictive than the current NYSECCC. Currently no municipalities have adopted alternative requirements.
Enforcement of the state energy requirements is the responsibility of the governmental entity responsible for administering and enforcing the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality. For areas without local municipal enforcement, the NYS Department of State must ensure that the minimum requirements of the code are met. The local code official is responsible for reviewing all plans and specifications.
Compliance is determined through the normal building permit process that includes plan review and inspection by the government entity responsible for the administration and enforcement of the provisions of the Building Construction Code or the Fire Prevention and Building Construction Code applicable within the municipality.
The New York state energy code became effective on January 1, 1979. The state energy code was amended for residential buildings in 1989 and substantially rewritten in March 1991. On July 29, 1999, the NYS Governor's Executive Chamber issued a press release announcing an agreement with the NYS legislature to allow for the state's conversion to a model energy code which will be supported by the recently awarded 1999 DOE State Energy Code Assistance Grant. The implementation of a new energy code (2002 New York State Energy Conservation Code) took affect July 1, 2002.
On January 1, 2008, NY updated to the 2004 IECC with NY amendments for residential buildings and to the 2003 IECC w/amendments for commercial buildings.
Updated adoption to ASHRAE 90.1-2004 as of April 2008.
On July 6, 2009, Governor David A. Paterson announced that the U.S. Department of Energy (DOE) approved New York's plan for federal stimulus funding through the State Energy Program (SEP) of the American Recovery and Reinvestment Act (ARRA). The $123 million in SEP funds will allow the New York State Energy Research and Development Authority (NYSERDA) to provide additional financial support for the installation of energy efficiency measures and renewable energy systems across the state. In cooperation with the New York State Department of State, NYSERDA will distribute $4.4 million to support the Governor's effort to adopt more efficient energy codes for buildings. Various implementation and support services will be available to the entire building community, including local jurisdictions charged with implementation of the state energy code, architects, engineers, and homebuilders, to work aggressively to achieve at least 90 percent compliance in the commercial and residential sectors.
Governor's Program Bill No. 6, A.42012/S.68012:
The Energy Law of New York State was amended by the New York State Assembly and the Senate, and signed into Law by Governor Paterson on December 13, 2010. The single largest change will effect energy code applicablity in all building renovation projects, (required by the ARRA-2009), so that the Energy Conservation Construction Code of New York State -2010 (ECCCNYS) will be applicable to renovations involving building system replacement. Exemptions to compliance apply as allowed under Section 101.4, 101.4.3, and 101.4.6 of the energy Conservation Construction Code of New York State -2010, which are concurrent with compliance exemptions under the IECC 2009. The New York State Energy Law amendment is effictive January 1, 2011.
New version of COMcheck 3.7.1 was posted with NY's state specific commercial code option that supports the Energy Conservation Construction Code of New York State-2010 NY Energy Conservation Code which is required for permit applications after December 28, 2010.
Alternatively, if the building design is based on ASHRAE Standard 90.1 then 90.1 (2007) Standard code can be used to demonstrate compliance.
If REScheck is used for residential compliance, you can download the most recent version of REScheck, (Version 4.4.1 and all subsequent versions).
The Energy Conservation Construction Code of New York State 2010 can be obtained from ICC.