DOS-50-07-00004-P Energy Standards for Buildings except Low-Rise Residential Buildings
12/12/07 N.Y. St. Reg. DOS-50-07-00004-P
NEW YORK STATE REGISTER
VOLUME XXIX, ISSUE 50
December 12, 2007
RULE MAKING ACTIVITIES
DEPARTMENT OF STATE
PROPOSED RULE MAKING
HEARING(S) SCHEDULED
I.D No. DOS-50-07-00004-P
Energy Standards for Buildings except Low-Rise Residential Buildings
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(b) of Title 19 NYCRR.
Statutory authority:
Energy Law, section 11-103(2)
Subject:
Energy standards for buildings except low-rise residential buildings.
Purpose:
To amend the State Energy Conservation Construction Code (the Energy Code) by updating a published standard that is referenced in the Energy Code (viz., ASHRAE 90.1, entitled Energy Standard for Buildings Except Low-rise Residential Buildings) from the 2001 edition of said standard to the 2004 edition of said standard.
Public hearing(s) will be held at:
1:00 p.m., Jan. 31, 2008, at Department of State, 41 State St., Rm. 1120, Albany, 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:
Subdivision (b) of section 1240.1 of Title 19 NYCRR is amended to read as follows:
(b) Referenced standards.
[(1)] Certain published standards are denoted in the 2007 ECCCNYS as incorporated by reference into 19 NYCRR Part 1240. [Such] Except as otherwise provided in subdivision (c) of this section, such standards are incorporated by reference into this Part 1240. Such standards are identified in the 2007 ECCCNYS, and the names and addresses of the publishers of such standards from which copies of such standards may be obtained are specified in the 2007 ECCCNYS. Such standards are available for public inspection and copying at the office of the New York State Department of State specified in subdivision (a) of this section.
[(2)] (c) Referenced standards — changes.
(1) AAMA 101/I.S.2/NAFS-02. For the purposes of applying the 2007 ECCCNYS in this State, [and for the purposes of paragraph (1) of this subdivision,] the 2002 edition of standard AAMA 101/I.S.2/NAFS, entitled Voluntary Performance Specifications for Windows, Skylights and Glass Doors, published by American Architectural Manufacturers Association (said standard being hereinafter referred to as AAMA 101/I.S.2/NAFS-02) shall be deemed to be one of the standards denoted as incorporated by reference into 19 NYCRR Part 1240. Said standard AAMA 101/I.S.2/NAFS-02 is incorporated by reference in this Part 1240. The name and address of the publisher of AAMA 101/I.S.2/NAFS-02 from which copies of said standard may be obtained are:
American Architectural Manufacturers Association
1827 Walden Office Square, Suite 104
Schaumburg, IL 60173-4268.
AAMA 101/I.S.2/NAFS-02 is available for public inspection and copying at the office of the New York State Department of State specified in subdivision (a) of this section.
(2) ASHRAE 90.1. For the purposes of applying the 2007 ECCCNYS in this State, all references in the 2007 ECCCNYS to the 2001 edition of standard ASHRAE 90.1, entitled Energy Standard for Buildings Except for Low-Rise Residential Buildings, published by American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (said standard being hereinafter referred to as ASHRAE 90.1-2001) shall be deemed to be references to the 2004 edition of standard ASHRAE 90.1, entitled Energy Standard for Buildings Except for Low-Rise Residential Buildings, published by American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc. (said standard being hereinafter referred to as ASHRAE 90.1-2004). ASHRAE 90.1-2001 shall not be one of the standards incorporated by reference into this Part 1240. ASHRAE 90.1-2004 shall be one of the standards incorporated by reference into this Part 1240. The name and address of the publisher of ASHRAE 90.1-2004 from which copies of said standard may be obtained are:
American Society of Heating, Refrigerating and Air-Conditioning Engineers, Inc.
1791 Tullie Circle, NE
Atlanta, GA 30329-2305
ASHRAE 90.1-2004 is available for public inspection and copying at the office of the New York State Department of State specified in subdivision (a) of this section.
Text of proposed rule and any required statements and analyses may be obtained from:
This action was not under consideration at the time this agency's regulatory agenda was submitted.
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”). This rule will amend the State Energy Code by updating an optional standard (viz., ASHRAE 90.1, entitled Energy Standard for Buildings Except for Low-Rise Residential Buildings) which is referenced in the State Energy Code. Specifically, this rule would substitute the 2004 edition of the standard (“ASHRAE 90.1-2001”) in place of the 2001 edition of the standard (“ASHRAE 90.1-2001”).
2. LEGISLATIVE OBJECTIVES:
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 11-103(2) provides the State Energy Code remains cost effective with respect to building construction. Energy Law Section 11-103(2) further 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.
3. NEEDS AND BENEFITS:
Effective January 1, 2008, the provisions of the State Energy Code will be set forth in the 2007 edition of a publication entitled Energy Conservation Construction Code of new York State (the “2007 ECCCNYS”). This rule would amend the State Energy Code by removing the current references in the 2007 ECCCNYS to ASHRAE 90.1-2001 and replacing them with references to ASHRAE 90.1-2004. The principal impact of this amendment will be to cause the requirements for lighting power densities for commercial buildings, as set forth in the 2007 ECCCNYS, to be essentially identical to the corresponding provisions as set forth in the referenced ASHRAE 90.1 standard.
Substituting the more current ASHRAE 90.1-2004 in place of ASHRAE 90.1-2001 would affect the construction and alteration of commercial buildings when designed by this reference standard (low rise residential occupancies would be unaffected by this change). It is anticipated that in most cases, this rule will decrease the number of lighting fixtures that may be installed in commercial buildings, resulting in a decrease in initial capital costs. It is also anticipated that in most cases, this rule will decrease energy consumption by lighting fixtures in commercial buildings, resulting in lower annual costs. One of the studies which served as the basis for this rule (Analysis of Energy Savings Impacts of ASHRAE A90.1-2004 for the State of New York) indicates that on average, designing commercial buildings to ASHRAE 90.1-2004, rather than ASHRAE 90.1-2001, will decrease the initial cost of installing lighting fixtures by $0.88 per square foot, and will decrease energy usage by 0.39 watts per square foot. Since both initial construction costs and long term operating costs will be reduced by this rule, the payback is immediate.
The study mentioned above identifies possible exceptions to immediate payback in four of the thirty two building types analyzed is Appendix C of the study:
First, initial lighting equipment installation costs in “cafeteria / fast food” buildings would increase by $0.11 per square foot; however, this expense will be offset by a 0.40 watt per square foot decrease in energy usage, resulting in a simple payback of the increased installation costs in 0.47 years.
Second, initial lighting equipment installation costs in “family dining” buildings would increase by $0.40 per square foot; however, this expense will be offset by a 0.30 watt per square foot decrease in energy usage, and the simple payback of the increased installation costs will occur in 2.4 years.
Third, initial lighting equipment installation costs in parking garages would increase by $0.12 per square foot. However, the increase in installation costs is attributable to changes in market availability in lighting technology choices, and not to the amendment to be implemented by this rule. Further, the maximum lighting power density for parking garages is 0.3 watts per square foot in both ASHRAE 90.1-2001 and ASHRAE 90.1-2004. Therefore, the amendment to be implemented by this rule is neutral on both installation costs and long term energy use in parking garages.
Fourth, initial lighting equipment installation costs in performing arts theaters would increase by $0.04 per square foot, and energy use in such theaters would increase by 0.10 watt per square foot. However, the maximum lighting power density (“LPD”) for performing arts theaters specified in ASHRAE 90.1-2004 (viz., 1.6 watts per square foot) is the same as the maximum LPD for such theaters specified in the text of the 2007 ECCCNYS. Therefore, even without this rule making, the owner of a performing arts theater could install 1.6 watts per square foot by using the 2007 ECCCNYS compliance path.
In summary, the study indicates that this rule will result in immediate payback in 28 of 32 building types, payback in 0.47 years in 1 building type, and payback in 2.4 years in 1 other building type. This rule should be neutral on energy use in the remaining 2 building types. The study concludes that “… on a State level, adoption of the new lower (lighting power density) values found in ASHRAE 90.1-2004 are cost effective at any cost recovery base period and well below a 10-year recovery base.”
ASHRAE 90.1-2001 and ASHRAE 90.1-2004 contain identical provisions for additional lighting power allowances for retail buildings. The allowances are based on display area, not floor area.
While the most significant difference between ASHRAE 90.1-2001 and ASHRAE 90.1-2004 is the change in permitted lighting power densities in commercial buildings, there are a number of other differences between the two standards. It appears that the majority of the changes are either clarifications of requirements, having minimal energy impact, or changes which may have impacts on specific building designs that incorporate specific systems or features, but which have minimal impact on commercial buildings as a whole. However, a number of separately published “addenda” to ASHRAE 90.1-2001 which have been incorporated into ASHRAE 90.1-2004 are seen to have potential for energy impacts on commercial building as a whole.
Those addenda are:
Addendum “m” to ASHRAE 90.1-2001, which adds performance requirements for heat pump pool heaters;
Addendum “q” to ASHRAE 90.1-2001, which revises the provisions relating to exterior lighting requirements;
Addendum “y” to ASHRAE 90.1-2001, which provides that variable air volume (VAV) fan motors 15 hp and larger are subject part-load fan power limitations requirements (ASHRAE 90.1-2001 provides that VAV fan motors 30 hp and larger are subject to such requirements); and
Addendum “x” to ASHARE 90.1-2001, which provides that HVAC systems 15,000 Btu/hr and larger are subject to specified off-hour control requirements (ASHRAE 90.1-2001 provides that HVAC systems 65,000 Btu/hr and larger are subject to such requirements), and which requires ventilation fans with motors greater than ¾ hp to have automatic controls that are capable of shutting fans off when not required.
ASHRAE 90.1-2004 also includes new interior lighting control requirements not found in ASHRAE 90.1-2001. Specifically, section 9.4.1.2 of ASHRAE 90.1-2004 requires each interior space enclosed by ceiling-height partitions to have at least one control device for independently controlling the general lighting in the space. In general, the control device must have an automatic shut-off feature.
The Department of State believes that this proposed rule is cost effective and technologically feasible as required by Article 11 of the Energy Law.
The studies which served as a basis for this rule include New York State Code Adoption Analysis: Lighting Requirements, E. E. Richman, Pacific Northwest National Laboratory for the United States Department of Energy, June, 2004, and Analysis of Energy Savings Impacts of ASHRAE A90.1-2004 for the State of New York, K. Gowri, M.A. Halverson, E.E. Richman, Pacific Northwest National Laboratory for the United States Department of Energy, August 2007. These studies are summarized in the full Regulatory Impact Statement.
4. COSTS:
a. Costs to regulated parties.
For most regulated parties, this rule should result in an immediate decrease in initial costs, since lower allowable lighting power densities will reduce the number of fixtures installed, and a long term decrease in building operation costs, since lower allowable lighting power densities will reduce energy consumption.
b. Costs to the Agency, the State and Local Governments.
The Department of State will not incur any significant cost associated with the implementation of, or continuing compliance with, this rule.
The State must comply with the State Energy Code when it constructs or substantially alters buildings, and local governments must comply with the State Energy Code when they construct or alter buildings. However, as with other regulated parties, it is anticipated that in most cases, this rule will result in an immediate decrease in initial costs, since lower allowable lighting power densities will reduce the number of fixtures installed, and a long term decrease in building operating costs, since lower allowable lighting power densities will reduce energy consumption.
Under existing law, most cities, towns and villages in this State are responsible for administration and enforcement of the State Energy Code within their boundaries. This rule will not place any additional administrative and enforcement burdens on such cities, towns and villages.
5. LOCAL GOVERNMENT MANDATES:
A local government that builds or alters a building must comply with the State Energy Code, and would be required to comply with the State Energy Code as amended by this rule. However, in most cases this rule should decrease both initial constructions costs and long term building operation costs.
Under existing law, most cities, towns and villages in this State are responsible for administration and enforcement of the State Energy Code within their boundaries. This rule will not place any additional administrative and enforcement burdens on such cities, towns and villages.
6. PAPERWORK:
This rule will not impose any additional reporting or record keeping requirements. No additional paperwork is anticipated.
7. DUPLICATION:
The Department of State is not aware of any rule or other legal requirement of the State government or Federal government that duplicates, overlaps or conflicts with this proposed rule.
8. ALTERNATIVES;
In most cases, substituting ASHRAE 90.1-2004 in place of ASHRAE 90.1-2001 should result in both lower initial construction costs and lower long term energy costs. Consequently, the alternative of maintaining ASHRAE 90.1-2001 as the standard referenced in the 2007 ECCCNYS was rejected.
The study cited in Item 3 above indicates that there would be modest increases in the cost of the initial installation of lighting fixtures in “cafeteria / fast food” buildings and “family dining” buildings. However, the study also indicates that the increased installation costs would be more than offset by deceased energy costs, with payback periods of 0.47 and 2.4 years, respectively. Therefore, the alternative of retaining ASHRAE 90.1-2001 for “cafeteria / fast food” buildings and “family dining” buildings was rejected.
The maximum permitted lighting power density (LPD) for parking garages specified in ASHRAE 90.1-2001 (0.30 watts per square foot) is the same as that specified in ASHRAE 90.1-2004. Therefore, the amendment to be implemented by this rule will have no effect on energy used in lighting of parking garages. Accordingly, the alternative of maintaining ASHRAE 90.1-2001 for parking garages was rejected.
In the case of performing arts theaters, the permitted LPD specified in ASHRAE 90.1-2004 (1.6 watts per square foot) is the same as that specified in the 2007 ECCCNYS. Therefore, even without this rule making, the owner of a performing arts theater would have the option of installing 1.6 watts per square foot by using the 2007 ECCCNYS compliance path. Accordingly, the alternative of maintaining ASHRAE 90.1-2001 for performing arts theaters was rejected.
9. FEDERAL STANDARDS:
This rule does not exceed any minimum standards of the federal government for the same or similar subject areas.
10. COMPLIANCE SCHEDULE:
The amendment of the State Energy Code will be effective immediately upon publication of the Notice of Adoption in the State Register. It is anticipated that regulated parties will be able immediately to comply with the amendment to the State Energy Code.
Regulatory Flexibility Analysis
1. SMALL BUSINESSES AND LOCAL GOVERNMENTS TO WHICH THE RULE WILL APPLY:
Effective January 1, 2008, the provisions of the State Energy Conservation Construction Code (the “State Energy Code”) will be set forth in the 2007 edition of a publication entitled Energy Conservation Construction Code of New York State (the “2007 ECCCNYS”). The rule making will update an optional standard referenced in the 2007 ECCCNYS. Specifically, this rule would substitute the 2004 Edition of the standard ASHRAE 90.1, entitled Energy Standard for Buildings Except for Low-Rise Residential Buildings, in place of the 2001 Edition of the standard which is currently referenced in the 2007 ECCCNYS.
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 and product suppliers, though not directly regulated by this rule, may 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 January 1, 2007, there were 14,124 active registered architects and 25,174 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 may 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 may 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 may be affected by this rule making.
2. REPORTING, RECORDKEEPING AND OTHER COMPLIANCE REQUIREMENTS:
This rule will impose no new reporting or recordkeeping requirements. Currently, construction documents, including documents demonstrating compliance with the State Energy Code, are submitted when a building permit is requested. Code enforcement officers may also request energy calculations as part of the permitting process. The amendment of the State Energy Code to be implemented by this rule making will not change these procedures.
As discussed in Item 1 of the Regulatory Flexibility Analysis, most local governments are responsible for the administration and enforcement of the State Energy Code. Local governments' administration and enforcement responsibilities will not be changed by the amendment of the State Energy Code to be implemented by this rule making.
Local governments currently maintain inspection records. This will continue under the State Energy Code, as amended by this rule making.
3. PROFESSIONAL SERVICES:
Building owners typically rely on design, construction and energy conservation professionals for their expertise in building and energy conservation regulations. Regulated parties will continue to rely upon such professionals to advise them of the requirements of the State Energy Code as amended by this rule making. This rule should have no significant effect on the extent to which such professional services will be required.
4. COMPLIANCE COSTS:
It is anticipated that in most cases, this rule will decrease the number of lighting fixtures that may be installed in commercial buildings, resulting in a decrease in initial capital costs. It is also anticipated that in most cases, this rule will decrease energy consumption by lighting fixtures in commercial buildings, resulting in lower annual costs. Variations in such initial capital costs (or savings) and annual costs (or savings) are likely to be attributable to the type of building to be constructed or altered; and variations in such costs for small businesses and local governments of different types and sizes will be a function of the types of buildings owned by such small businesses and local governments.
The report entitled “Analysis of Energy Savings Impacts of ASHRAE 90.1-2004 for the State of New York” mentioned in the Regulatory Impact Statement for this rule making (the “Report”) analyzed five building types (offices, schools, hospitals, retail buildings and multi-family buildings), and concluded that buildings constructed to the ASHRAE 90.1-2004 standard would save a significant amount of energy for all building types and in all climate zones.
Appendix C of the Report includes an analysis of thirty two building types, and indicates that on average, designing commercial buildings to ASHRAE 90.1-2004, rather than ASHRAE 90.1-2001, will decrease the initial cost of installing lighting fixtures by $0.88 per square foot, and will decrease energy usage by 0.39 watts per square foot. Since both initial construction costs and long term operating costs will be reduced by this rule, the payback is immediate.
Appendix C of the Report identifies four possible exceptions to immediate payback. First, in the case of “cafeteria / fast food” buildings, initial lighting equipment installation costs would increase by $0.11 per square foot; however, the Report indicates that this expense will be offset by a 0.40 watt per square foot decrease in energy usage, resulting in a simple payback of the increased installation costs in 0.47 years. Second, in the case of “family dining” buildings, initial lighting equipment installation costs would increase by $0.40 per square foot; however, the Report indicates that this expense will be offset by a 0.30 watt per square foot decrease in energy usage, and the simple payback of the increased installation costs would occur in 2.4 years. Third, the Report indicates that in the case of parking garages, changes in available technology choices will cause expected lighting equipment installation costs to increase by $0.12 per square foot, with no expected decrease in energy use. Fourth, the Report indicates that lighting equipment installation costs for performing arts theaters would increase by $0.04 per square foot and that energy use in such building would increase by 0.10 watt per square foot. However, notwithstanding these the four exceptions to immediate payback, Appendix C of the Report concludes that “… on a State level, adoption of the new lower (lighting power density) values found in ASHRAE 90.1-2004 are cost effective at any cost recovery base period and well below a 10-year recovery base.”
5. ECONOMIC AND TECHNOLOGICAL FEASIBILITY:
As indicated in Item 4 of this regulatory Flexibility Analysis, it is anticipated that in most cases, the initial cost of the materials and equipment required to comply with the applicable provisions of the 2004 Edition of ASHRAE 90.1 will be lower than the initial cost of the materials and equipment required to comply with the corresponding provisions of the 2001 Edition of ASHRAE 90.1. The materials and equipment required to comply with the applicable provisions of the 2004 Edition of ASHRAE 90.1 are readily available, and are familiar to design professionals, builders, and other involved in the construction industry. Consequently, the Department of State and the State Fire Prevention and Building Code Council believe that compliance with the changes to the State Energy Code to be made by this rule making will be economically and technologically feasible.
6. MINIMIZING ADVERSE ECONOMIC IMPACTS:
As indicated in Item 4 of this regulatory Flexibility Analysis, it is anticipated that in most cases, the economic impacts of this rule are expected to be positive, and not adverse. The ability of small businesses and local governments to comply with this rule should be no less than the ability of other regulated parties to do so. This rule imposes no new reporting requirements. For the foregoing reasons, exemption of small businesses and local governments from coverage by the rule was not considered to be an appropriate option.
As discussed in Item 1 of the Regulatory Flexibility Analysis, most local governments are responsible for the administration and enforcement of the State Energy Code. To minimize adverse economic impacts on such local governments, the Department of State's Division of Code Enforcement and Administration will provide training to local governmental code enforcement personnel throughout the State. The Division is already planning such training in connection with the separate rule which implemented a major update of the entire State Energy Code and which was recently adopted by the State Fire Prevention and Building Code Council. This already planned training will be modified to reflect the further change to the State Energy Code to be implemented by this rule making.
7. SMALL BUSINESS AND LOCAL GOVERNMENT PARTICIPATION:
To inform small businesses and other interested parties, as well as code enforcement personnel of local governments throughout New York State, an information bulletin describing the additional change to the State Energy Code to be made by this rule making was e-mailed to approximately 5,000 building professionals, interested persons, and local government employees throughout the State, and a posted on the Department of State website, in August 2007.
Public hearings will be held after the 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 TO WHICH THIS RULE WILL APPLY:
Effective January 1, 2008, the provisions of the State Energy Conservation Construction Code (the “State Energy Code”) will be set forth in the 2007 edition of a publication entitled Energy Conservation Construction Code of New York State (the “2007 ECCCNYS”). The 2007 ECCCNYS contains references to the 2001 edition of standard ASHRAE 90.1, entitled Energy Standard for Buildings Except for Low-Rise Residential Buildings (“ASHRAE 90.1-2001”). This rule would amend the State Energy Code by replacing the references to ASHRAE 90.1-2001 with references to the 2004 edition of that standard (“ASHRAE 90.1-2004”).
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:
This rule will impose no new reporting or recordkeeping requirements. Currently, construction documents, including documents demonstrating compliance with the State Energy Code, are submitted when a building permit is requested. Code enforcement officers may also request energy calculations as part of the permitting process. The amendment of the State Energy Code to be implemented by this rule making will not change these procedures.
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. Local governments' administration and enforcement responsibilities will not be changed by the amendment of the State Energy Code to be implemented by this rule making.
Local governments currently maintain inspection records. This will continue under the State Energy Code as amended by this rule making.
3. PROFESSIONAL SERVICES:
Building owners typically rely on professionals for their expertise in building and energy conservation regulations. 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. This rule should have no significant effect on the extent to which such professional services will be required.
4. COSTS:
It is anticipated that in most cases, this rule will decrease the number of lighting fixtures that may be installed in commercial buildings, resulting in a decrease in initial capital costs. It is also anticipated that in most cases, this rule will decrease energy consumption by lighting fixtures in commercial buildings, resulting in lower annual costs. Variations in such initial capital costs (or savings) and annual costs (or savings) are likely to be attributable to the type of building to be constructed or altered, and variations in such costs for different types of public and private entities in rural areas will be a function of the types of buildings owned by such entities.
The report entitled “Analysis of Energy Savings Impacts of ASHRAE 90.1-2004 for the State of New York” mentioned in the Regulatory Impact Statement for this rule making (the “Report”) analyzed five building types (offices, schools, hospitals, retail buildings and multi-family buildings), and concluded that buildings constructed to the ASHRAE 90.1-2004 standard would save a significant amount of energy for all building types and in all climate zones.
Appendix C of the Report includes an analysis of thirty two building types, and indicates that on average, designing commercial buildings to ASHRAE 90.1-2004, rather than ASHRAE 90.1-2001, will decrease the initial cost of installing lighting fixtures by $0.88 per square foot, and will decrease energy usage by 0.39 watts per square foot. Since both initial construction costs and long term operating costs will be reduced by this rule, the payback is immediate.
Appendix C of the Report identifies four possible exceptions to immediate payback. First, in the case of “cafeteria / fast food” buildings, initial lighting equipment installation costs would increase by $0.11 per square foot; however, the Report indicates that this expense will be offset by a 0.40 watt per square foot decrease in energy usage, resulting in a simple payback of the increased installation costs in 0.47 years. Second, in the case of “family dining” buildings, initial lighting equipment installation costs would increase by $0.40 per square foot; however, the Report indicates that this expense will be offset by a 0.30 watt per square foot decrease in energy usage, and the simple payback of the increased installation costs would occur in 2.4 years. Third, the Report indicates that in the case of parking garages, changes in available technology choices will cause expected lighting equipment installation costs to increase by $0.12 per square foot, with no expected decrease in energy use. Fourth, the Report indicates that lighting equipment installation costs for performing arts theaters would increase by $0.04 per square foot and that energy use in such building would increase by 0.10 watt per square foot. However, notwithstanding these the four exceptions to immediate payback, Appendix C of the Report concludes that “… on a State level, adoption of the new lower (lighting power density) values found in ASHRAE 90.1-2004 are cost effective at any cost recovery base period and well below a 10-year recovery base.”
5. MINIMIZING ADVERSE IMPACT:
As indicated in Item 4 of this Rural Area Flexibility Analysis, it is anticipated that the impact of this rule will be positive, rather than adverse. The ability of regulated parties in rural areas to comply with this rule should be no less than the ability of regulated parties in other parts of the State. This rule imposes no new reporting requirements. For the foregoing reasons, exemption of rural areas from coverage by the rule was not considered to be an appropriate option.
6. RURAL AREA PARTICIPATION:
To inform interested parties, including those in rural areas, of this proposed rule making, a bulletin describing the proposed amendment was e-mailed to approximately 5,000 building professionals, code officials and municipal employees in all areas of the State, including rural areas of the State, and posted on the Department of State's webpage in August 2007. 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.
Effective January 1, 2008, the provisions of the State Energy Conservation Construction Code (the “State Energy Code”) will be set forth in the 2007 Edition of a publication entitled Energy Conservation Construction Code of New York State (the 2007 ECCCNYS). The 2007 ECCCNYS currently references the 2001 Edition of standard ASHRAE 90.1, entitled Energy Standard for Buildings Except for Low-Rise Residential Buildings. The rule making would substitute the 2004 Edition of ASHRAE 90.1 in place of the 2001 Edition of ASHRAE 90.1.
As a performance-based, rather than a prescriptive code, the State Energy Code provides for alternative methods of achieving code compliance, thereby allowing regulated parties to choose the most cost effective method. The principal impact of substituting the 2004 edition of the ASHRAE 90.1 standard in place of the 2001 edition of that standard will be to reduce permitted lighting power densities in most commercial buildings. It is anticipated that, in most cases, this will reduce initial construction costs, since fewer light fixtures will be installed, as well as long term operating costs, since energy consumption for lighting will be reduced. As a consequence, the Department of State and the State Fire Prevention and Building Code Council conclude that substituting the 2004 edition of the ASHRAE 90.1 in place of the 2001 edition will provide a greater incentive to building construction and the rehabilitation of existing commercial 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 providing developers and building owners with more capital for investment in New York, since standard update is anticipated to save building first costs as well as ongoing operating costs over the life of a building in most cases. These operating cost savings become more dramatic as energy costs continue to rise.
Residential buildings three stories and less will not be affected by this rule making.
