New York S 5940: Permits unvented attics and unvented enclosed rafter assemblies to be sealed with air-impermeable insulation in order to help attain building decarbonization goals

Bill Text

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S05940 Summary:

BILL NOS05940 

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SAME ASSAME AS A07282

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SPONSORSKOUFIS

&nbsp

COSPNSR

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MLTSPNSR

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Amd §378, Exec L

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

Go to top S05940 Actions:

BILL NOS05940 

&nbsp

03/04/2025REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

04/28/20251ST REPORT CAL.696

04/29/20252ND REPORT CAL.

04/30/2025ADVANCED TO THIRD READING 

06/12/2025PASSED SENATE

06/12/2025DELIVERED TO ASSEMBLY

06/12/2025referred to governmental operations

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT

03/18/20261ST REPORT CAL.578

03/19/20262ND REPORT CAL.

03/23/2026ADVANCED TO THIRD READING 

06/03/2026PASSED SENATE

06/03/2026DELIVERED TO ASSEMBLY

06/03/2026referred to governmental operations

Go to topS05940 Committee&nbspVotes:

Go to topS05940 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS05940 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 5940

 2025-2026 Regular Sessions

 IN SENATE

 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 insulati