NYSBA and New York State’s Green Building Standards
By Phil LaRocque, EVP New York State Builders Association
As reprinted from Builder & Remodeler, November, 2008

When it became clear to us that the New York State Legislature would move forward with a Green Building program, NYSBA laid out a list of priorities for how we wanted a final standard to look:

• It should include the NAHB National Green Building Program and not be limited solely to LEED-H.
• It should provide for builder and remodeler program training (preferably run by NYSBA).
• It must consider existing NYSERDA residential programs such as NY Energy Star Homes and NY Home Performance with Energy Star as part of the final program.
• The Division of Housing and Community Renewal (DHCR)l must have a part in the process.
• New York State Energy and Research Development Authority (NYSERDA) should oversee the program and create the standard.

NYSBA believed that it was vital for NYSERDA to oversee the Green Building Standards program. For almost 10 years we have partnered with NYSERDA on the New York ENERGY STAR Labeled Homes Program, and felt that this strong relationship would benefit us as this program rolled out.

We then began discussions with key legislators and staff in the Senate and Assembly to make sure that these priorities were included in the final legislation.

While the legislative process was moving forward, NYSBA was also laying the groundwork to assure that when everything was finalized there would be enough third-party verifiers to help certify that the homes meet these new standards. We saw HERS raters as a logical group to approach with their vast experience in New York's ENERGY STAR program.
In April, NYSBA held a four-hour course in Syracuse, NY on the NAHB National Green Building Program for 30 HERS raters. We also negotiated with NAHB to have one of our members, John Barrows, become one of the first Research Center approved verified trainers in the country. This was important to us because, as useful as the Green Building webinars are, we believe that there is great value in onsite training.

As the 2008 Legislative Session was winding down in June, NYSBA was working tirelessly lobbying the Governor and Legislature to assure that the finalized standards would benefit our members. Finally on June 22, Governor Paterson announced an agreement that would “encourage the construction of new homes and the renovation of existing homes to meet green building standards.”

The standard will be created and administered by NYSERDA and provide financial incentives to builders and owners whose homes meet these standards. The incentive limits are as follows:

• 1-2 Family Homes: $7,500 • 3-5 Family Homes: $11,250 • 6+ Family Homes: $15,000 • Note: An owner cannot receive more than $120,000 in incentives during any calendar year.

In establishing these standards, NYSERDA may consult the ANSI/National Green Building Standard; consult with the DHCR; the standard must provide for builder and remodeler program training and the standard must consider existing NYSERDA residential programs such as NY Energy Star Homes and NY Home Performance with Energy Star as part of the final program.

After this legislation becomes law, NYSERDA will begin the process of creating the new Green Building Standard, which should be in place by January 1, 2010. All owners of new residential buildings that are constructed pursuant to these standards and for which a certificate of occupancy for that building is received on and after January 1, 2010 and before October 31, 2013, or owners of existing residential buildings that have undergone substantial renovations which are completed during the same time frame will be eligible for the above mentioned incentives.

Though NSYBA’s dedicated lobbying effort we have ensured that our members are not saddled with an expensive, proprietary and unwieldy standard where certification and not environmental responsibility, is the primary goal.