New York 2025-2026 Regular Session

New York Senate Bill S07648

Introduced
4/25/25  
Refer
4/25/25  

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

S07648, titled the “sustainable building materials act of 2025,” is a two-part bill aimed at reducing greenhouse gas emissions from construction materials and encouraging the use of lower-carbon products in New York. Part A creates a sales tax exemption for qualifying low-carbon building materials, products, and components, including concrete, cementitious materials, structural steel, reinforcing bar, engineered wood, mass timber, insulation, flooring, coatings, glass, roofing membranes, doors, barriers, and certain interior furniture components. The exemption is tied to product-level global warming potential thresholds established by NYSERDA, with eligibility based on third-party environmental product declarations, recognized product category rules, and compliance with state building and energy codes. Part A also requires the Department of State to maintain a public database of qualifying materials and manufacturers, and it sets recordkeeping requirements for purchasers claiming the exemption. The bill defines key terms such as embodied carbon, environmental product declaration, global warming potential, and low-carbon materials, and it allows the state to add additional eligible categories if standards are in place. The exemption would take effect on January 1 following enactment and apply to taxable years beginning on or after that date. Part B directs NYSERDA to establish a grant program to reimburse concrete manufacturers for the cost of developing product- and facility-specific environmental product declarations or purchasing software to generate them for concrete, asphalt, aggregate, or cementitious products. Grants would cover EPD-related implementation costs up to $10,000 per plant, and the Office of General Services would be required to review new and novel materials for inclusion on the state-approved materials list. Part B also requires NYSERDA, with other agencies, to study embodied carbon in building codes and submit recommendations for possible future code language and carbon-savings estimates. The bill’s impact on state law would be to amend the Tax Law to create a new sales tax exemption for qualifying low-carbon construction materials and to establish new administrative responsibilities for NYSERDA, the Department of State, the Division of Building Standards and Codes, and the Office of General Services. It would also create a new grant program and a formal state study process that could influence future building code and procurement policy. More broadly, the bill would support market development for low-embodied-carbon materials and could affect manufacturers, contractors, designers, and purchasers of building products. The overall sentiment reflected in the bill text is strongly supportive of climate policy, industrial innovation, and economic development. The bill frames low-carbon materials as a way to advance the Climate Leadership and Community Protection Act while creating jobs and strengthening New York’s manufacturing base. No committee transcript or vote record was provided, so there is no documented recorded opposition or support beyond the bill’s stated policy rationale. The main points of potential contention are likely to be the fiscal cost of the tax exemption and grants, the administrative burden of verifying eligibility and maintaining EPD-based thresholds, and whether the state should use tax policy to favor certain construction materials over others.

Impact

The bill would amend the Tax Law to exempt qualifying low-carbon building materials from sales tax and would create new state administrative duties for NYSERDA, the Department of State, the Division of Building Standards and Codes, and the Office of General Services. It would also establish a grant program for concrete manufacturers to develop environmental product declarations and require a study on embodied carbon in building codes, potentially influencing future regulatory standards, procurement practices, and construction material markets.

Sentiment

The bill is presented in a strongly pro-climate, pro-innovation, and pro-manufacturing frame, with the legislature emphasizing emissions reductions, market development, and job creation. Because no committee discussion or vote history is included, there is no direct evidence of recorded opposition or amendment debate, but the bill text suggests broad policy support for decarbonizing construction. Any skepticism would likely center on implementation costs, eligibility verification, and the complexity of administering a threshold-based tax exemption.

Contention

Likely points of contention include the revenue impact of a sales tax exemption, the cost of the grant program, and the administrative complexity of using environmental product declarations and global warming potential thresholds to determine eligibility. Builders, manufacturers, and state agencies may differ on how burdensome the documentation and compliance requirements would be, while some stakeholders may question whether the state should intervene in material selection through tax incentives. The bill itself anticipates stakeholder input on embodied-carbon code recommendations, suggesting that future building industry concerns could be significant.

Companion Bills

NY A06566

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).

Previously Filed As

NY A06566

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).

NY HB2273

Reducing embodied carbon emissions of buildings and building materials.

NY HB1458

Reducing embodied carbon emissions of buildings and building materials.

NY AB1704

An act to amend Sections 38561.3 and 38561.6 of, and to add Section 38561.4 to, the Health and Safety Code, relating to greenhouse gases.

NY S09046

Creates an exception in the uniform fire prevention and building code for zero on-site greenhouse gas emissions for buildings whose building permit was issued prior to a certain date.

NY S07998

Enacts the "low-carbon building construction act"; relates to requiring construction of any building, addition or renovation greater than 25,000 square feet meet certain standards intended to reduce the embodied carbon emissions associated with the construction.

NY A08456

Enacts the "low-carbon building construction act"; relates to requiring construction of any building, addition or renovation greater than 25,000 square feet meet certain standards intended to reduce the embodied carbon emissions associated with the construction.

NY HB1209

Sales and use tax; purchases of tangible property and construction materials used for or in the construction and furnishing of certain buildings; provide exemption

NY HB05063

An Act Reducing The Sales And Use Taxes Rate Applicable To Certain Construction And Building Materials.

NY S0091

Establishes the environmental justice advisory board (EJAB) to implement standards for buildings that emit greenhouse gases.

Similar Bills

No similar bills found.