(a) [2007] 2010 ECCCNYS. Requirements for the design of building envelopes for adequate thermal resistance and low air leakage and for the design and selection of mechanical, electrical, service water-heating and illumination systems and equipment which enables effective use of energy in new building construction are set forth in a publication entitled Energy Conservation Construction Code of New York State, publication date: August [2007] 2010, published by the International Code Council, Inc. [Copies of said] Said publication (hereinafter referred to as the [2007] 2010 ECCCNYS) is incorporated herein by reference. Copies of the 2010 ECCNYS may be obtained from the publisher at the following address:

International Code Council, Inc. 500 New Jersey Avenue, NW, 6th Floor Washington, D.C. 20001

Said publication is available for public inspection and copying at:

New York State, Department of State [Codes Division] 99 Washington Avenue Albany, NY 12231-0001

Subdivision (b) of section 1240.1 of Title 19 NYCRR is amended to read as follows:

(b) Referenced standards. Certain published standards are denoted in the [2007] 2010 ECCCNYS as incorporated by reference into [this Part. Except as otherwise provided in subdivision (c) of this section, such] 19 NYCRR Part 1240. Such standards are incorporated by reference into this Part 1240. Such standards are identified in the [2007] 2010 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] 2010 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.

Subdivision (c) of section 1240.1 of Title 19 NYCRR is repealed.

This rule amends a previously adopted rule that amended the State Energy Conservation Construction Code (the "Energy Code") by amending subdivision (a) of section 1240.1 and paragraph (1) of subdivision (b) of section 1240.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York and repealing paragraph (2) of subdivision (b) of section 1240.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Notice of Adoption of the previously adopted rule was published in the State Register on September 29, 2010. The effective date of the previously adopted rule is December 28, 2010.

The previously adopted rule made non-substantive changes to the rule text as originally proposed. The non-substantive changes made to the rule text between the publication of the Notice of Proposed Rule Making and the filing of the Notice of Adoption of the previously adopted rule are described in the "Statement Explaining Why Revised Regulatory Impact Statement is not Required" attached to and published with that Notice of Adoption.

This rule makes the following non-substantive changes to the previously adopted rule: The previously adopted rule amended subdivision (a) of section 1240.1, amended paragraph (1) of subdivision (b) of section 1240.1, and repealed paragraph (2) of subdivision (b) of section 1240.1. However, subdivision (b) of section 1240.1 was amended in a prior rule making (the "2008 rule making"). Subdivision (b) of section 1240.1, as amended by the 2008 rule making, was rewritten as subdivision (b), with no separate paragraphs, and as a new subdivision (c). The provisions intended to be amended by the rule adopted in September 2010 were subdivision (a), which was correctly identified in the rule adopted in September 2010, and subdivision (b), which was incorrectly identified as "paragraph (1) of subdivision (b)" in the rule adopted in September 2010. The provision intended to be repealed by the rule adopted in September 2010 was subdivision (c) of section 1240.1, which was incorrectly identified as "paragraph (2) of subdivision (b)" in the rule adopted in September 2010. This rule amends the rule that was adopted in September 2010 by correctly identifying subdivision (b) as one of the provisions being amended, and by correctly identifying subdivision (c) as the provision to be repealed.

None of the changes affects the issues addressed in the Regulatory Impact Statement and, therefore, a Revised Regulatory Impact Statement is not required.

This rule amends a previously adopted rule that amended the State Energy Conservation Construction Code (the "Energy Code") by amending subdivision (a) of section 1240.1 and paragraph (1) of subdivision (b) of section 1240.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York and repealing paragraph (2) of subdivision (b) of section 1240.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Notice of Adoption of the previously adopted rule was published in the State Register on September 29, 2010. The effective date of the previously adopted rule is December 28, 2010.

The previously adopted rule made non-substantive changes to the rule text as originally proposed. The non-substantive changes made to the rule text between the publication of the Notice of Proposed Rule Making and the filing of the Notice of Adoption of the previously adopted rule are described in the "Statement Explaining Why Revised Regulatory Impact Statement is not Required" attached to and published with that Notice of Adoption.

This rule makes the following non-substantive changes to the previously adopted rule: The previously adopted rule amended subdivision (a) of section 1240.1, amended paragraph (1) of subdivision (b) of section 1240.1, and repealed paragraph (2) of subdivision (b) of section 1240.1. However, subdivision (b) of section 1240.1 was amended in a prior rule making (the "2008 rule making"). Subdivision (b) of section 1240.1, as amended by the 2008 rule making, was rewritten as subdivision (b), with no separate paragraphs, and as a new subdivision (c). The provisions intended to be amended by the rule adopted in September 2010 were subdivision (a), which was correctly identified in the rule adopted in September 2010, and subdivision (b), which was incorrectly identified as "paragraph (1) of subdivision (b)" in the rule adopted in September 2010. The provision intended to be repealed by the rule adopted in September 2010 was subdivision (c) of section 1240.1, which was incorrectly identified as "paragraph (2) of subdivision (b)" in the rule adopted in September 2010. This rule amends the rule that was adopted in September 2010 by correctly identifying subdivision (b) as one of the provisions being amended, and by correctly identifying subdivision (c) as the provision to be repealed.

None of the changes affects the issues addressed in the Regulatory Flexibility Analysis for Small Businesses and Local Governments and, therefore, a Revised Regulatory Flexibility Analysis for Small Businesses and Local Governments is not required.

This rule amends a previously adopted rule that amended the State Energy Conservation Construction Code (the "Energy Code") by amending subdivision (a) of section 1240.1 and paragraph (1) of subdivision (b) of section 1240.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York and repealing paragraph (2) of subdivision (b) of section 1240.1 of Title 19 of the Official Compilation of Codes, Rules and Regulations of the State of New York. Notice of Adoption of the previously adopted rule was published in the State Register on September 29, 2010. The effective date of the previously adopted rule is December 28, 2010.

The previously adopted rule made non-substantive changes to the rule text as originally proposed. The non-substantive changes made to the rule text between the publication of the Notice of Proposed Rule Making and the filing of the Notice of Adoption of the previously adopted rule are described in the "Statement Explaining Why Revised Regulatory Impact Statement is not Required" attached to and published with that Notice of Adoption.

This rule makes the following non-substantive changes to the previously adopted rule: The previously adopted rule amended subdivision (a) of section 1240.1, amended paragraph (1) of subdivision (b) of section 1240.1, and repealed paragraph (2) of subdivision (b) of section 1240.1. However, subdivision (b) of section 1240.1 was amended in a prior rule making (the "2008 rule making"). Subdivision (b) of section 1240.1, as amended by the 2008 rule making, was rewritten as subdivision (b), with no separate paragraphs, and as a new subdivision (c). The provisions intended to be amended by the rule adopted in September 2010 were subdivision (a), which was correctly identified in the rule adopted in September 2010, and subdivision (b), which was incorrectly identified as "paragraph (1) of subdivision (b)" in the rule adopted in September 2010. The provision intended to be repealed by the rule adopted in September 2010 was subdivision (c) of section 1240.1, which was incorrectly identified as "paragraph (2) of subdivision (b)" in the rule adopted in September 2010. This rule amends the rule that was adopted in September 2010 by correctly identifying subdivision (b) as one of the provisions being amended, and by correctly identifying subdivision (c) as the provision to be repealed.

None of the changes affects the issues addressed in the Rural Area Flexibility Analysis and, therefore, a Revised Rural Area Flexibility Analysis is not required.

The Department of State has determined that it is apparent from the nature and purpose of the previously adopted rule (as amended by this Amended Notice of Adoption) that the previously adopted rule (as amended by this Amended Notice of Adoption) will not have a substantial adverse impact on jobs and employment opportunities.

The previously adopted rule (as amended by this Amended Notice of Adoption) amends the State Energy Conservation Construction Code (the "State Energy Code") to make the State Energy Code (1) a building energy code that is based on the 2009 edition of the International Energy Conservation Code (the "2009 IECC"), a model code developed and published by the International Code Council ("ICC"), and (2) a building energy code that equals or exceeds the 2009 IECC for residential buildings and a building energy code that equals or exceeds the 2007 edition of ASHRAE-90.1 (the "2007 ASHRAE 90.1"), a standard published by the American Society Of Heating and Refrigeration and Air Conditioning Engineers, for commercial buildings. Both the 2009 IECC and the 2007 ASHRAE 90.1 incorporate more current technology in the area of energy conservation. In addition, as a performance-based, rather than a prescriptive, code, the 2009 IECC provides for alternative methods of achieving code compliance, thereby allowing regulated parties to choose the most cost effective method. As a consequence, the Department of State and the State Fire Prevention and Building Code Council conclude that regulations based upon the 2009 IECC will provide a greater incentive for the construction of new buildings and the rehabilitation of existing buildings than exists with the current State Energy Code. Therefore, this amendment will not have a substantial adverse impact on jobs and employment opportunities within New York. In fact, the proposed amendment may result in an increase in employment opportunities for those involved in testing and inspecting buildings for compliance with the building air sealing requirements of the amended State Energy Code.