§ 28-1001.3.3 Stretch energy code.
AC § 28-1001.3.3
For proposed amendments to this code submitted by the commissioner to the city council pursuant to section 28-1001.3.1, the commissioner, after receiving the advice and recommendations of the New York city energy conservation code advisory committee established pursuant to section 28-1001.3.2, shall for such amendments due to be submitted to the city council in 2019 and in 2022: 1. Submit to the city council proposed amendments to this code to bring this code up to date with the most recent model stretch code published by the New York state energy research and development authority, provided that such model stretch code is more stringent than the New York State Energy Code in effect when such proposed amendments are submitted and provided further that such model stretch code was first published no more than three years before such proposed amendments are submitted; 2. If no such model stretch code exists at the time such proposed amendments are to be submitted, (i) submit to the city council proposed amendments to this code to ensure that the predicted energy use of buildings designed and constructed in compliance with this code is, on average, expected to be no greater than 80 percent of the predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1-2013 or the New York State Energy Code, as such term was defined on December 1, 2017, and (ii) if the New York State Energy Code in effect when such proposed amendments are submitted includes a prescriptive compliance path, include in such proposed amendments a prescriptive compliance path to the extent that the commissioner determines such a path to be practicable under applicable federal and state law and rules and such other concerns as such advisory committee determine to be relevant; or 3. If no such model stretch code exists and the commissioner determines that proposed amendments to this code to achieve compliance with item 2 would render the design and construction of buildings impracticable or unduly burdensome, (i) submit to the city council proposed amendments to ensure that the predicted energy use of buildings designed and constructed in compliance with this code is, to the greatest extent practicable, on average, less than the predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1-2013 or the New York State Energy Code, as such term was defined on December 1, 2017, provided that, together with such proposed amendments, the commissioner shall submit a report describing why proposed amendments to achieve compliance with such item would render the design and construction of buildings impracticable or unduly burdensome and the estimated percentage by which the average predicted energy use of buildings designed and constructed in compliance with this code would be less than the average predicted energy use of such buildings if such buildings were designed and constructed in minimum compliance with ASHRAE 90.1-2013 or the New York State Energy Code, as such term was defined on December 1, 2017, and (ii) if the New York State Energy Code in effect when such proposed amendments are submitted includes a prescriptive compliance path, include in such proposed amendments a prescriptive compliance path to the extent that the commissioner determines such a path to be practicable under applicable federal and state law and rules and such other concerns as such advisory committee determine to be relevant. (L.L. 2018/032, 1/8/2018, eff. 1/8/2018)
