L.L. 2009/085

Enactment date: 12/28/2009

Int. No. 564-A
 
By Council Members Garodnick, the Speaker (Council Member Quinn), Brewer, Fidler, Gonzalez, James, Koppell, Sanders Jr., Seabrook, Weprin, White Jr., Gerson, Lappin, Yassky, Recchia Jr., Sears, Liu, Mendez, de Blasio, Mitchell, Mark-Viverito, Katz, Vallone Jr., Nelson, Vann, Avella, Gioia, Vacca, Jackson, Ferreras, Comrie, Barron, Arroyo, Crowley, Gennaro, Mealy and Reyna

A Local Law to amend the administrative code of the city of New York, in relation to establishing a New York city energy code.

Be it enacted by the Council as follows:

Section 1. Statement of findings and purpose. The Energy Conservation Construction Code of New York State (State Energy Code), authorized by article eleven of the State Energy Law, sets standards for the energy performance of buildings throughout New York. For existing buildings, the State Energy Code only applies when an alteration leads to the replacement of at least fifty percent of a building's system or subsystem, meaning there are no energy efficiency requirements for many renovation projects of a lesser magnitude or lower threshold. As a result of this loophole, New York City is failing to reap the benefits of energy improvements as the building fabric is updated in those situations. The State Energy Law expressly permits a municipality to promulgate a local energy conservation construction code that is more stringent than the State Energy Code. Accordingly, the Council finds that it is reasonable and necessary to promulgate a New York City Energy Code in order to ensure the enforcement of the State Energy Code within New York City and to impose energy standards for renovation projects at a lower threshold than that mandated by the State Energy Code. If following the promulgation of the New York City Energy Code the State revises the State Energy Code, the more stringent provisions of the two codes shall apply until the New York City Energy Code is amended and made more stringent.

* * *

[Consolidated provisions are not included in this Appendix A]

* * *

§ 30. If any section, subdivision, paragraph, item, sentence, clause, phrase or other portion of this local law is for any reason declared unconstitutional or invalid, in whole or in part, by any court of competent jurisdiction, such portion shall be deemed severable, and such unconstitutionality or invalidity shall not affect the validity of the remaining portions of this law, which remaining portions shall continue in full force and effect.

§ 31. This local law shall take effect on July 1, 2010 and shall apply to work for which applications for construction document approval are submitted to the department of buildings on and after such date; provided, that the commissioner of buildings shall take all actions necessary to implement this local law, including the promulgation of rules, on or before such effective date.