New York 2025-2026 Regular Session

New York Assembly Bill A06566

Introduced
3/6/25  
Refer
3/6/25  

Caption

Enacts the "sustainable building materials act"; enacts into law components of legislation relating to reducing greenhouse gas emissions in construction; provides a sales tax exemption for certain low-carbon building materials (Part A); establishes a grant program for manufacturers of concrete for environmental product declarations (Part B).

Summary

This bill, titled the "sustainable building materials act," is a three-part measure aimed at reducing greenhouse gas emissions from the construction sector by encouraging the use and production of lower-carbon building materials. Part A creates a sales tax exemption for qualifying low-carbon building materials, products, and components, including concrete, steel, mass timber, insulation, flooring, coatings, glass, roofing membranes, doors, barriers, and certain interior furnishings. The exemption is tied to state-established global warming potential thresholds, environmental product declarations (EPDs), and compliance with building and energy codes, with NYSERDA and the Department of State playing central roles in setting standards, approving materials, and maintaining a public database of eligible products and manufacturers. Part B establishes a grant program administered by NYSERDA to reimburse concrete manufacturers for the cost of developing product- and facility-specific EPDs or acquiring software to generate them for concrete, asphalt, aggregate, and cementitious products. The grants are capped at $10,000 per plant and are intended to help manufacturers document and reduce embodied carbon in construction materials. Part B also directs the Office of General Services to review new and novel materials for inclusion on the state-approved materials list and requires NYSERDA to study embodied carbon language in building codes and report recommendations to the Legislature by December 1, 2025. Part C amends the General Municipal Law to expand eligibility for commercial property assessed clean energy (PACE) financing and municipal sustainable energy loans to include embodied carbon reduction improvements in common construction materials. It defines common construction materials to include concrete, asphalt, steel, and other materials designated by rule, and allows financing for materials that achieve at least a 25 percent reduction in global warming potential relative to the applicable threshold. It also authorizes financing of related labor and engineering costs, subject to verification through EPDs, whole life carbon analysis, or similar processes, and requires compliance with municipal and state procurement standards. The bill would affect the Tax Law and General Municipal Law by creating new tax preferences, grant authority, reporting obligations, and financing eligibility rules centered on embodied carbon and life-cycle emissions. It would also expand the roles of NYSERDA, the Department of State, the Office of General Services, and municipal entities in evaluating materials, setting thresholds, and administering incentives. Affected parties include manufacturers of concrete and other building materials, construction firms, developers, municipalities, and purchasers seeking tax-exempt low-carbon products. Because there are no committee transcripts or recorded votes provided, the overall sentiment cannot be measured from debate or roll-call history. Based on the bill text, the measure appears strongly pro-climate and pro-industry-innovation, with an emphasis on market development, emissions reduction, and workforce/economic benefits. Likely points of contention would include the administrative complexity of setting and updating carbon thresholds, compliance and documentation burdens tied to EPDs and life-cycle assessments, the fiscal cost of the tax exemption and grants, and whether the state should use tax and financing incentives to steer material choices in construction.

Impact

The bill would amend the Tax Law to add a sales tax exemption for qualifying low-carbon building materials and amend the General Municipal Law to expand PACE and sustainable energy loan eligibility for embodied carbon reduction improvements. It would require state agencies to establish and update global warming potential thresholds, approve eligible materials, maintain public databases, administer grants, and study embodied carbon provisions for possible future building code adoption. The measure would directly affect manufacturers, purchasers, municipalities, and construction-related projects by creating new eligibility standards tied to environmental product declarations and life-cycle carbon metrics.

Sentiment

No committee discussion or voting history was provided, so there is no recorded legislative sentiment to summarize from debate or votes. From the bill text itself, the measure is framed positively as a climate and economic development initiative, with findings emphasizing emissions reduction, market creation, and job growth. The overall tone is supportive of low-carbon construction and state leadership in sustainable materials.

Contention

The main likely points of contention are the scope and administration of the new incentives, including how thresholds are set, how often they are revised, and whether the state has sufficient data and staff to evaluate materials and verify compliance. Another possible concern is cost, since the bill creates a sales tax exemption and a grant program, which could reduce revenue or require appropriations. Industry stakeholders may also differ on the practicality of EPD requirements, the burden on manufacturers and contractors, and whether the financing and tax benefits will be accessible to smaller firms or only to larger producers with the resources to document emissions performance.

Companion Bills

NY S07648

Same As Enacts the "sustainable building materials act"; enacts into law components of legislation relating to reducing greenhouse gas emissions in construction; provides a sales tax exemption for certain low-carbon building materials (Part A); establishes a grant program for manufacturers of concrete for environmental product declarations (Part B).

Similar Bills

No similar bills found.