Permits unvented attics and unvented enclosed rafter assemblies to be sealed with air-impermeable insulation in order to help attain building decarbonization goals

S T A T E   O F   N E W   Y O R K
        ________________________________________________________________________

                                          5940

                               2025-2026 Regular Sessions

                                    I N  S E N A T E

                                      March 4, 2025
                                       ___________

        Introduced  by  Sen. SKOUFIS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Housing, Construction  and
          Community Development

        AN  ACT  to  amend the executive law, in relation to permitting unvented
          attics and unvented enclosed rafter assemblies to be sealed with  air-
          impermeable  insulation  in order to help attain building decarboniza-
          tion goals

          THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
        BLY, DO ENACT AS FOLLOWS:

     1    Section  1.  Legislative  findings  and intent. The legislature hereby
     2  finds and declares it necessary to amend the  state  fire  and  building
     3  code   to  better  align  with  the  Climate  Leadership  and  Community
     4  Protection Act.
     5    New York's six million buildings are responsible for around  one-third
     6  of  statewide  greenhouse gas emissions. Advancing building energy effi-
     7  ciency and electrification is a cornerstone of the  state's  efforts  to
     8  achieve carbon neutrality and meet emissions reduction goals.
     9    Modernizing  and  decarbonizing  New York's buildings will also create
    10  healthier living and working environments, reduce consumer energy costs,
    11  and add thousands of local clean energy and energy efficiency jobs.
    12    As New York state transitions into all-electric building construction,
    13  a well-insulated and sealed home is integral for the maximum  efficiency
    14  of  a heat pump and onsite renewables. Buildings with HVAC equipment and
    15  ducts located in  a  vented  attic  have  excessive  energy  consumption
    16  because of the inhospitable environment in which they are located.
    17    Unvented  attics  and  unvented enclosed rafter assemblies sealed with
    18  air-impermeable insulation provides additional benefits  as  heat  pumps
    19  and onsite renewables work best in spaces that don't waste energy due to
    20  low insulation levels or airflow leaks. The use of air-impermeable insu-
    21  lation  in  this manner aids the state's efforts and targets on building
    22  decarbonization and energy efficiency.

         EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10302-01-5
        S. 5940                             2

     1    Accordingly, the legislature finds it necessary to update the building
     2  and energy codes to permit the use of spray polyurethane foam insulation
     3  in the construction of unvented attics as an additional option  to  meet
     4  code requirements.
     5    §  2.  Section  378  of  the  executive law is amended by adding a new
     6  subdivision 21 to read as follows:
     7    21. UNVENTED  ATTICS  AND  UNVENTED  ENCLOSED  RAFTER  ASSEMBLIES.  TO
     8  SUPPORT  THE  GOAL OF REDUCING GREENHOUSE GAS EMISSIONS AND HELP ACHIEVE
     9  THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT  NOT  LIMITED
    10  TO  GREENHOUSE  GAS  REDUCTION REQUIREMENTS SET FORTH WITHIN CHAPTER ONE
    11  HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN AS THE  NEW
    12  YORK  STATE  CLIMATE  LEADERSHIP  AND COMMUNITY PROTECTION ACT, UNVENTED
    13  ATTIC AND UNVENTED ENCLOSED RAFTER ASSEMBLIES INSULATED AND  AIR  SEALED
    14  WITH  AIR-IMPERMEABLE  INSULATION  WITH R-30, MAXIMUM U-FACTOR OF 0.038,
    15  INSULATION SHALL BE DEEMED TO MEET THE REQUIREMENTS OF SECTION  R402  OF
    16  THE ENERGY CONSERVATION CONSTRUCTION CODE OF NEW YORK STATE, PROVIDED:
    17    1.  THE HOUSE SHALL ATTAIN A BLOWER DOOR TEST RESULT LESS THAN TWO AND
    18  ONE-HALF ACH50.
    19    2. THE HOUSE SHALL REQUIRE A POSITIVE, BALANCED OR HYBRID WHOLE  HOUSE
    20  MECHANICAL  VENTILATION  SYSTEM  THAT DOES NOT RELY SOLELY ON A NEGATIVE
    21  PRESSURE STRATEGY.
    22    3. WHERE INSULATION IS INSTALLED BELOW THE ROOF DECK AND  THE  EXPOSED
    23  PORTION OF ROOF RAFTERS ARE NOT ALREADY COVERED BY THE R-30 DEPTH OF THE
    24  AIR-IMPERMEABLE  INSULATION,  THE  EXPOSED  PORTION  OF THE ROOF RAFTERS
    25  SHALL  BE  INSULATED  BY  MINIMUM  R-3  UNLESS   DIRECTLY   COVERED   BY
    26  DRYWALL/FINISHED CEILING. ROOF RAFTERS ARE NOT REQUIRED TO BE COVERED BY
    27  MINIMUM R-3 IF A CONTINUOUS INSULATION IS INSTALLED ABOVE THE ROOF DECK.
    28    4. INDOOR HEATING, COOLING, AND VENTILATION EQUIPMENT, INCLUDING DUCT-
    29  WORK, SHALL BE INSIDE THE BUILDING THERMAL ENVELOPE.
    30    § 3. This act shall take effect on the one hundred eightieth day after
    31  it  shall  have  become  a  law.  Effective  immediately, the state fire
    32  prevention and building code  council  shall  promulgate  the  standards
    33  required by this act.