DOS-02-07-00009-P Energy Conservation Construction Code

1/10/07 N.Y. St. Reg. DOS-02-07-00009-P

NEW YORK STATE REGISTER

VOLUME XXIX, ISSUE 2

January 10, 2007

RULE MAKING ACTIVITIES

DEPARTMENT OF STATE

PROPOSED RULE MAKING

HEARING(S) SCHEDULED

 

I.D No. DOS-02-07-00009-P

Energy Conservation Construction Code

PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:

Proposed action:

Amendment of section 1240.1 of Title 19 NYCRR.

Statutory authority:

Energy Law, section 11-103(2)

Subject:

Efficient utilization of energy expended in the construction, use and occupancy of buildings (the New York State Energy Conservation Construction Code).

Purpose:

To amend the New York State Energy Conservation Construction Code to assure that it effectuates the purposes of article 11 of the Energy Law and the specific objectives and standards set forth in such article.

Public hearing(s) will be held at:

10:00 a.m., Feb. 26, 2007 at Department of State, 41 State St., 11th Fl., Conference Rm., Albany, NY; 10:00 a.m., Feb. 27, 2007 at Hughes State Office Bldg., 333 E. Washington St., Main Hearing Rm., First Fl., Syracuse, NY; 1:00 p.m., Feb. 28, 2007 at Amherst Town Hall, 5583 Main St., Council Chambers, Upper Level, Williamsville, NY; and 10:00 a.m., March 2, 2007 at Town of Hempstead Pavilion, One Washington St., Hempstead, NY.

Accessibility:

All public hearings have been scheduled at places reasonably accessible to persons with a mobility impairment.

Interpreter Service:

Interpreter services will be made available to deaf persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the agency representative designated in the paragraph below.

Text of proposed rule:

Section 1240.1 of Title 19 NYCRR is amended to read as follows:

Requirements for the design of building envelopes for adequate thermal resistance and low air leakage and for the design and selection of mechanical, electrical, service water-heating and illumination systems and equipment which enables effective use of energy in new building construction are set forth in a publication entitled Energy Conservation Construction Code of New York State [, publication date: May 2002] (December, 2006 Edition), published by [the International Conference of Building Officials (ICBO)] International Code Council, Inc. Copies of said publication may be obtained from the publisher at the following address:

[International Conference of Building Officials] International Code Council, Inc.

5360 Workman Mill Road

Whittier, CA 90601-2298

Said publication is available for public inspection and copying at:

New York State, Department of State

Codes Division

41 State Street

Albany, NY 12231-0001

Text of proposed rule and any required statements and analyses may be obtained from:

Raymond Andrews, Department of State, 41 State St., Albany, NY 12231, [phone], e-mail: [e-mail]

Data, views or arguments may be submitted to:

Same as above.

Public comment will be received until:

March 12, 2007.

Summary of Regulatory Impact Statement

1. STATUTORY AUTHORITY

Energy Law Section 11-103(2) authorizes the State Fire Prevention and Building Code Council (the “Code Council”) to review and amend the State Energy Conservation Construction Code (the “State Energy Code”), provided the State Energy Code remains cost effective with respect to building construction. Energy Law Section 11-103(2) provides that the State Energy Code is cost effective if the cost of materials and their installation to meet its standards would be equal to or less than the present value of energy savings that could be expected over a 10 year period in a building where such materials are installed.

Energy Law section 11-104 provides that the State Energy Code must be designed to satisfy the following criteria:

as far as practicable, the State Energy Code's standards and requirements must be formulated in terms of performance objectives;

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 must be permitted;

as far as practicable, the improvement of energy conservation construction must be encouraged;

reasonable uniform standards and requirements for construction and construction materials for the improvement of energy conservation construction practices must be provided; and

property that is listed on the national register of historic places, listed on the State Register of historic places, or determined to be eligible for listing on the State register by the Commissioner of Parks, Recreation and Historic Preservation must be exempted from the State Energy Code's uniform standards.

2. LEGISLATIVE OBJECTIVES

Article 11 of the Energy Law, entitled State Energy Conservation Construction Code Act, was first adopted by the State Legislature in 1978. Energy Law section 11-101 directs the adoption of a State Energy Code to protect the health, safety and security of the people of the State and to assure a continuing supply of energy for future generations. Energy Law section 11-101 provides that the State Energy Code must mandate that economically reasonable energy conservation techniques be used in the design and construction of all new public and private buildings in New York State. Energy Law section 11-101 further states that adoption of the State Energy Code is in furtherance of the following policy, as set forth in Energy Law section 3-101(2):

“to encourage conservation of energy in the construction and operation of new commercial, industrial, and residential buildings, and in the rehabilitation of existing structures, through heating, cooling, ventilation, lighting, insulation and design techniques and the use of energy audits and life-cycle costing analysis.”

Pursuant to Energy Law section 11-103(2), the Code Council has reviewed the existing State Energy Code and determined that it no longer adequately effectuates the policies and purposes articulated by the State Legislature when it adopted Article 11 of the Energy Law.

The Code Council proposes to repeal the existing State Energy Code, which is based on text of the 2000 edition of the International Energy Conservation Code, a model code developed and published by the International Conference of Building Officials (“ICBO”), and the 2001 supplement thereto, and replace it with a new State Energy Code, which will be based on the 2003 edition of the International Energy Conservation Code. The revised text will provide for the continued widespread use of modern technical methods and devices and will maintain harmonization of the New York energy conservation regulations with those of other states which use a model energy code. The standardization of the practices, methods and techniques used for energy conservation in New York with the practices, methods and techniques used in other states will maintain and enhance New York State's competitive standing in attracting new business and jobs to the State.

3. NEEDS AND BENEFITS

The proposed rule would amend the State Energy Code by repealing the existing text and adopting new text which, in principal part, consists of provisions developed and published by the International Code Council as the International Energy Conservation Code (IECC) 2003. Certain modifications have been made to the IECC text to address specific New York needs. The proposed rule will include updated technologies and increase energy conservation requirements for residential and commercial buildings. This will insure that energy efficient construction practices continue to occur within New York State.

One of the primary benefits of the proposed State Energy Code to building owners would be reduced fuel needs and thereby lower operating costs. Reduced energy consumption will have a tremendous positive benefit to New York State by reducing dependence upon imported energy sources and through the reduction of associated emissions and pollutants produced by fossil fuel and electric use.

Further information concerning the needs and benefits of significant provisions of the revised State Energy Code are further discussed in the full Regulatory Impact Statement.

STUDIES WHICH SERVED AS A BASIS FOR THE RULE

Seven studies served as a basis for the rule. These studies are:

(A) Climate Classification for Building Energy Codes and Standards, R. S. Briggs, R. G. Lucas and Z. T. Taylor, Pacific Northwest National Laboratory for the United States Department of Energy, March 26, 2002.

(B) Eliminating Window-Area Restrictions in the IECC, Z. T. Taylor, C. C. Conner, R. G. Lucas, Pacific Northwest.

(C) Comparison of the Supplement to the 2004 IECC to the Current New York Energy Conservation Code - Residential Buildings, R. G. Lucas, Pacific Northwest National Laboratory for the United States Department of Energy, September, 2004.

(D) Analysis of IECC 2003 Chiller Heat Recovery for Service Water Heating Requirements for New York State, D. W. Winiarski, Pacific Northwest National Laboratory for the United States Department of Energy, August, 2004.

(E) New York State Code Adoption Analysis: Lighting Requirements, E. E. Richman, Pacific Northwest National Laboratory for the United States Department of Energy, June, 2004.

(F) Technical Analysis of Residential Energy Code Options for New York State, A. Fisk, B. McVoy and W. Parlapiano, NYSERDA, M. DeWein, Building Codes Assistance Project, et. al., February, 2005.

(G) Economic Analysis of Residential Energy Code Options for New York State, S. Nadel, American Council for an Energy-Efficient Economy, March, 2005.

4. COSTS

a. Costs to regulated parties.

The proposed rule is intended to decrease energy use within New York State. The expectation is that the economic impact of the proposed rule will be beneficial rather than adverse. Article 11 of the Energy Law provides that the State Energy Code may be amended so long as it remains cost effective “with respect to building construction in the state.” The cost to regulated parties as a result of this proposed rule will vary depending on which compliance method is used.

Energy Law section 11-103(2) specifies that “the code shall be deemed cost effective if the cost of materials and their installation to meet its 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 they are installed.” The additional costs of materials and their installation to achieve conservation improvements required by the proposed rule will result in a payback within ten-years, thereby satisfying the statutory requirement.

b. Costs to the Agency, the State and Local Governments for the Implementation and Continuation of the Rule

It is not anticipated that this rule will place any greater burden on local governments than what currently exists as it pertains to code enforcement and administration. Furthermore, the Department of State – Division of Code Enforcement and Administration has a program in place for training local government code enforcement officials. The staff of the Division of Code Enforcement and Administration has undergone training to assist local governments.

Further information concerning costs concerning significant provisions of the new State Energy Conservation Construction Code are further discussed in the full Regulatory Impact Statement.

5. LOCAL GOVERNMENT MANDATES

Adoption of the proposed rule would do nothing to change that basic enforcement and administrative structure of the State Energy Conservation Construction Code. Energy Law section 11-107 provides that the State Energy Code will be principally administered and enforced by the cities, towns and villages of New York.

Local government personnel will require training in the details of this rule. The Department of State – Division of Code Enforcement and Administration has a program in place for training local government code enforcement officials. This training will provide knowledge to enable local government to enforce the proposed rule.

6. PAPERWORK

This rule will not impose any additional reporting or record keeping requirements. No additional paperwork is anticipated.

7. DUPLICATION

The proposal does not duplicate, nor is it inconsistent with any existing Federal Law. The Department Of Energy has issued a determination that the 2000 editions of the International Energy Conservation Code (IECC) and ASHRAE Standard 90.1-1999 will improve energy efficiency in residential and commercial buildings. Each state is required to certify to DOE that its energy code mandates that commercial buildings meet the requirements of ASHRAE/IESNA 90.1-1999. The Department of State provided the required certification on March 26, 2004.

Subdivision 3 of Energy Law section 11-103 provides that any regulations of other State agencies pertaining to energy conservation be superseded by the adoption of the State Energy Code.

8. ALTERNATIVES

It is the policy of the Department of State to modernize and amend the State Energy Code and Chapter 11 of the Residential Code regularly, so as to maintain consistency with national model codes, to keep energy construction practices in New York State consistent with practice nationally, and to incorporate new technical developments in a timely manner. Consequently, the alternative of maintaining existing provisions of the State Energy Code was rejected.

Further information concerning alternatives considered concerning significant provisions of the new State Energy Conservation Construction Code are further discussed in the full Regulatory Impact Statement.

9. FEDERAL STANDARDS

Title III of the Energy Conservation and Production Act (ECPA), establishes requirements for the Building Energy Standards Program [42 U.S.C. 6831–6837]. Further discussion of these requirements is contained in the full Regulatory Impact Statement.

10. COMPLIANCE SCHEDULE

The target date for publication of a notice of adoption for this rule is mid-2007. It is anticipated that the revised State Energy Code will become effective immediately upon publication of the notice of adoption.

Regulatory Flexibility Analysis

1. EFFECT OF RULE.

This rule making will repeal current provisions of the State Energy Conservation Construction Code (the “State Energy Code”), which is based on the 2000 edition of the International Energy Conservation Code, a model code developed and published by the International Conference of Building Officials (“ICBO”), and replace it with new text based on the 2003 edition of the International Energy Conservation Code, a model code developed and published by the International Code Council (“ICC”). The State Energy Code, which is adopted pursuant to Article 11 of the Energy Law, is applicable in all areas of the State. Therefore, all areas of the State will be affected by this proposed rule making.

Small businesses that construct, own, or operate buildings or structures will be required to comply with the State Energy Code, as amended by this rule making. Businesses that provide services to building owners, such as facility managers, design professionals (e.g., architects and engineers), general and specialty contractors (including home builders), and product suppliers, though not directly regulated by this rule, will be impacted by this rule. It is not possible to calculate the exact number of businesses that will be affected by this rule, but the number is likely to be large. For example, as of April of 2004, there were 13,731 active registered architects and 27,483 active registered engineers in New York State.

Similarly, all local governments that construct, own, or operate buildings or structures will be required to comply with the State Energy Code, as amended by this rule making. In that respect, all or most of the local governments in this State will be affected by this rule making. However, the impact of this rule making on local governments, in their capacity as building owners and operators, will be essentially identical to the impact of this rule making on all other parties, public or private, that own or operate buildings.

This rule making will have an additional impact on most cities, towns and villages in this State: Energy Law section 11-107 provides that the administration and enforcement of the State Energy Code within any municipality shall be the responsibility of the governmental entity responsible for administration and enforcement of the building construction code or the fire prevention and building construction code applicable within the municipality. Executive Law section 381 provides that every city, town, and village of the State shall administer and enforce the Uniform Fire Prevention and Building Code within their boundaries except in limited specified circumstances. Consequently, most cities, towns and villages in the State are currently responsible for the administration and enforcement of the current State Energy Code within their boundaries, and will remain responsible for administering and enforcing the State Energy Code as amended by this rule making. In that respect, those cities, towns and villages will be affected by this rule making.

2. COMPLIANCE REQUIREMENTS.

Construction documents are currently submitted when a building permit is requested. The energy compliance aspect is part of the construction documents. The State Energy Code, as amended by this rule making, will not change this procedure.

Energy calculations may also currently be requested by code enforcement officers. This will remain under the State Energy Code, as amended by this rule making.

This rule will not change local government's responsibility for administering and enforcing the State Energy Code. These requirements are referenced in Section 11-107 of the Energy Law. The administration and enforcement of the provisions of the State Energy Code within any municipality shall be the responsibility of that governmental entity which is responsible for the administration and enforcement of the provisions of the building code. The code shall be administered and enforced in the manner prescribed by applicable local law or ordinance or the procedures adopted pursuant to section three hundred eighty-one of the executive law for the administration and enforcement of the state uniform fire prevention and building code.

Local governments currently maintain inspection records. This will continue under the State Energy Code, as amended by this rule making.

3. PROFESSIONAL SERVICES.

Regulated parties will continue to rely upon design, construction and energy conservation professionals to properly advise them of the requirements of the State Energy Code as amended by this rule making. Building owners typically rely on professionals for their expertise in building and energy conservation regulations.

4. COMPLIANCE COSTS.

It is anticipated that regulated parties will recognize energy conservation savings as a result of this rule making.

Section 11-103 of the Energy Law authorizes the State Fire Prevention and Building Code Council to review and amend the State Energy Code through rules and regulations, provided that the code remains cost effective with respect to building construction in the State. Energy Law section 11-102(2) provides that “the (State Energy Code) shall be deemed cost effective if the cost of materials and their installation to meet its 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.”

There will be no initial costs incurred by local government for implementation of rule.

Indirectly impacted parties, such as architects, engineers, designers, contractors, and builders, will need to receive training. Initial training costs in the range of $150 to $200 per person based upon a class size of 20 to 25 persons is anticipated. It is a customary for registered design professionals and construction personnel to receive continuing education throughout their careers. Thus, this rule will not place an additional burden on indirectly impacted parties in any greater proportion than which is already incurred by the existing rule. Furthermore, in New York State, architects are required by the Education Law to receive continuing education in order to maintain an active registration to practice.

5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY.

This rule will offer regulated parties a broad range of compliance options. The Code provisions are performance based, and thus, will allow regulated parties the opportunity to select the most cost-effective alternative for compliance.

Regulatory change, like technological innovation, is constant in the construction industry. Regulated parties as well as those who provide services to them (i.e., architects, engineers, designers, contractors, and builders) are accustomed to such change. This rule making is expected to encourage innovation in the construction industry, and provide small businesses more opportunity to grow.

Several training resources are available both within and outside the state to assist impacted parties master the proposed new provisions of the State Energy Conservation Construction Code. These include trainers affiliated with the ICC and other specialized training professionals. Other competent entrepreneurs will undoubtedly be encouraged to join the market to meet the demand for this specialized training. The staff of the Division of Code Enforcement and Administration will provide training for local officials to administer and enforce the code.

6. MINIMIZING ADVERSE EFFECTS.

This rule change will impact all types of small businesses.

The Department of State – Division of Code Enforcement and Administration will provide training for the new Energy Code for local government enforcement personnel in the state.

Some training and education to architects and engineers will be provided by the Department of State and NYSERDA. A workbook, manual and software will be available to further enhance the training and education provided by the Department Of State and NYSERDA. Computer software will continue to be available to assist regulated parties.

In order to assure a continuing supply of energy for future generations and since the health, safety and security of the people of the state are clearly at issue, exemption from coverage by the rule was not considered an option for minimizing the impact on local government and/or small business.

7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION.

To assist the Code Council in the development of this proposed rule making, a technical subcommittee was established to review the International Energy Conservation Construction Code and make recommendations to insure that a new State Energy Conservation Construction Code incorporate developing design and construction issues and needs.

The International Energy Conservation Code subcommittee included a broad range of professionals including building and fire code officials representing local governments and individuals representing various fields such as architecture, engineering, construction, and small business. The members comprising the committee also represented a diversity of geographic locations throughout New York State. Their knowledge and expertise pertaining to their particular fields and varied backgrounds provide a broad range of perspectives and expertise.

Meetings throughout the rule making process have included regulated parties and code enforcement personnel of local governments throughout New York State. Technical subcommittee meeting were open to the public and agendas and meeting minutes posted on the DOS website. Proposed New York modifications made by the Technical Subcommittee were posted on the DOS website for public inspection. Code update presentations by DOS staff were made to various groups: December 2, 2005 - New York State Building Officials Conference in Jericho, NY, February 1 - Niagara Frontier Building Officials 21st Annual Educational Conference in Amherst, February 2 - code officials in Rockland County and fire chiefs and their State Legislatures in Pearl River, February 15 - Construction Specification Institute in Albany, February 23 - Association of Towns in New York City, March 21 - Finger Lakes Building Officials Association in Rochester, New York, April 14 - NYS Parks, Recreation and Historic Preservation in Schagticoke, April 21 - Central Chapter of the New York State Building Officials Conference in Liverpool, April 29 - Society of Fire Protection Engineers in Albany. In addition, the Department of State held public forums on the proposed updates. They took place in May, 2005 in Rochester, Hempstead and Albany. The intent of the forums was to provide comments for support and opposition on the proposals advanced by the technical subcommittee. The written comments were posted on the DOS web site prior to the forums to allow other potential speakers the opportunity to see what the issues were.

Comments from the forum were provided to the State Fire Prevention and Building Code Council prior to the proposed rule making to the codes. Public hearings will be held after a notice of proposed rule making has been published in the State Register in accordance with the provisions of the State Administrative Procedure Act.

Rural Area Flexibility Analysis

1. TYPES AND ESTIMATED NUMBERS OF RURAL AREAS.

This rule making will repeal current provisions of the State Energy Conservation Construction Code (the “State Energy Code”), which is based on the 2000 edition of the International Energy Conservation Code, a model code developed and published by the International Conference of Building Officials (“ICBO”), and replace it with new text based on the 2003 edition of the International Energy Conservation Code, a model code developed and published by the International Code Council (“ICC”). The State Energy Code, as it now exists and as it will be amended by this rule making, is applicable in all areas of the State. Therefore, all rural areas of the State will be affected by this rule making.

2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS; AND PROFESSIONAL SERVICES.

Construction documents are currently submitted when a building permit is requested. The energy compliance aspect is part of the construction documents. The State Energy Code, as amended by this rule making, will not change this procedure. Energy calculations may also currently be requested by code enforcement officers. This will remain under the amended State Energy Code.

Energy Law section 11-107 provides that the administration and enforcement of the provisions of the State Energy Code within any municipality shall be the responsibility of that governmental entity which is responsible for the administration and enforcement of the provisions of the building construction code or the fire prevention and building construction code applicable within such municipality. Therefore, New York State local governments are, generally, responsible for the administration and enforcement of the State Energy Code. Energy Law section 11-107 also provides that the State Energy Code will be administered and enforced in the manner prescribed by applicable local law or ordinance or the procedures adopted pursuant to section three hundred eighty-one of the Executive Law for the administration and enforcement of the state uniform fire prevention and building construction code.

Local governments currently maintain inspection records. This will continue under the State Energy Code as amended by this rule making.

Regulated parties will continue to rely upon design, construction and energy conservation professionals to properly advise them of the requirements of the State Energy Code. Building owners typically rely on professionals for their expertise in building and energy conservation regulations.

3. COSTS.

The proposed rule making is intended to decrease energy use within New York State and increase energy savings to the consumer. The economic impact of the State Energy Code, as amended by this rule making, is expected to be beneficial rather than adverse. In any event, any economic impact associated with this rule making will not affect rural areas in a manner different from the rule's effect upon urban and suburban areas of the state.

4. MINIMIZING ADVERSE IMPACT.

This rule is performance based and requires that uniform standards be met for all areas of the state. It is anticipated that the impact on rural areas will be minimal.

This rule will require compliance and reporting requirements similar to those currently in place.

In order to assure a continuing supply of energy for future generations, and since the health, safety and security of the people of the state are clearly at issue, exemption from coverage by the rule was not considered an option for minimizing the impact on rural areas.

5. RURAL AREA PARTICIPATION.

To assist the State Fire Prevention and Building Code Council in the development of this proposed rule making, a technical subcommittee was established to review the 2003 edition of the International Energy Conservation Construction Code and make recommendations for modifications. The International Energy Conservation Code technical subcommittee had participants from rural areas. Meetings of the subcommittee were open to the public and public participation was encouraged.

Meetings throughout the rule making process have included regulated parties and code enforcement personnel of local governments throughout New York State. Technical subcommittee meetings were open to the public and agendas and meeting minutes posted on the Department of State website. Proposed New York modifications made by the various Technical Subcommittees were posted on the Department of State website for public inspection. Code update presentations by Department of State staff were made to various groups: December 2, 2005 - New York State Building Officials Conference in Jericho, NY, February 1 - Niagara Frontier Building Officials 21st Annual Educational Conference in Amherst, February 2 - code officials in Rockland County and fire chiefs and their State Legislatures in Pearl River, February 15 - Construction Specification Institute in Albany, February 23 - Association of Towns in New York City, March 21 - Finger Lakes Building Officials Association in Rochester, New York, April 14 - NYS Parks, Recreation and Historic Preservation in Schagticoke, April 21 - Central Chapter of the New York State Building Officials Conference in Liverpool, April 29 - Society of Fire Protection Engineers in Albany. In addition, the Department of State held public forums on the proposed updates. They took place in May, 2005 in Rochester, Hempstead and Albany. The intent of the forums was to provide comments for support and opposition on the proposals advanced by the technical subcommittees. The written comments were posted on the Department of State web site prior to the forums to allow other potential speakers the opportunity to see what the issues were.

Comments from the forum were provided to the State Fire Prevention and Building Code Council prior to this proposed rule making. Public hearings will be held after a notice of proposed rule making has been published in the State Register in accordance with the provisions of the State Administrative Procedure Act.

Job Impact Statement

The Department of State has determined that it is apparent from the nature and purpose of the proposed rule making that it will not have a substantial adverse impact on jobs and employment opportunities. The rule making will repeal current provisions of the State Energy Conservation Construction Code (the “State Energy Code”), which is based on the 2000 edition of the International Energy Conservation Code, a model code developed and published by the International Conference of Building Officials (“ICBO”), and replace it with new text based on the 2003 edition of the International Energy Conservation Code, a model code developed and published by the International Code Council (“ICC”). The 2003 edition of the International Energy Conservation Code incorporates more current technology in the area of energy conservation. In addition, as a performance-based, rather than a prescriptive, code, the International Energy Conservation Code provides for alternative methods of achieving code compliance, thereby allowing regulated parties to choose the most cost effective method. As a consequence, the Department of State and the State Fire Prevention and Building Code Council conclude that regulations based upon the 2003 edition of the International Energy Conservation Code will provide a greater incentive to building construction and the rehabilitation of existing buildings than exists with the current State Energy Code. Therefore, this rule making will not have a substantial adverse impact on jobs and employment opportunities within New York. In fact, the proposed rule may result in an increase in employment opportunities by eliminating current barriers to the rehabilitation of existing buildings.