Provides an exemption for the purposes of allowing the installation and use of fossil-fuel equipment and building systems where such are installed and used in a building or part of a building that is owned or occupied by a person who holds genuine and sincere religious beliefs and whose health and safety will be jeopardized due to the prohibition of the installation of fossil-fuel equipment and building systems because of such genuine and sincere religious beliefs.
STATE OF NEW YORK
________________________________________________________________________
8398
2023-2024 Regular Sessions
IN ASSEMBLY
December 13, 2023
___________
Introduced by M. of A. BRABENEC -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the energy law and the executive law, in relation to
creating a religious exemption to the ban on fossil fuel equipment and
systems
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 7 of section 11-104 of the
2 energy law, as added by section 1 of part RR of chapter 56 of the laws
3 of 2023, is amended to read as follows:
4 (b) In addition, in effectuating the provisions set forth in paragraph
5 (b) of subdivision six of this section the code shall include exemptions
6 for the purposes of allowing the installation and use of fossil-fuel
7 equipment and building systems where such are installed and used:
8 (i) for generation of emergency back-up power and standby power
9 systems;
10 (ii) in a manufactured home as defined in subdivision seven of section
11 six hundred one of the executive law; [or]
12 (iii) in a building or part of a building that is used as a manufac-
13 turing facility, commercial food establishment, laboratory, car wash,
14 laundromat, hospital, other medical facility, critical infrastructure,
15 including but not limited to emergency management facilities, wastewater
16 treatment facilities, and water treatment and pumping facilities, agri-
17 cultural building, fuel cell system, or crematorium, as such terms are
18 defined by the code council; or
19 (iv) in a building or part of a building that is owned or occupied by
20 a person who holds genuine and sincere religious beliefs and whose
21 health and safety will be jeopardized due to the prohibition of the
22 installation of fossil-fuel equipment and building systems because of
23 such genuine and sincere religious beliefs.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11851-01-3
A. 8398 2
1 § 2. Paragraph c of subdivision 19 of section 378 of the executive
2 law, as added by section 3 of part RR of chapter 56 of the laws of 2023,
3 is amended to read as follows:
4 c. In addition, in effectuating the provisions set forth in paragraph
5 a of this subdivision the code shall include exemptions for the purposes
6 of allowing the installation and use of fossil-fuel equipment and build-
7 ing systems where such systems are installed and used:
8 (i) for generation of emergency back-up power and standby power
9 systems;
10 (ii) in a manufactured home as defined in subdivision seven of section
11 six hundred one of [the executive law] this chapter; [or]
12 (iii) in a building or part of a building that is used as a manufac-
13 turing facility, commercial food establishment, laboratory, car wash,
14 laundromat, hospital, other medical facility, critical infrastructure,
15 including but not limited to emergency management facilities, wastewater
16 treatment facilities, and water treatment and pumping facilities, agri-
17 cultural building, fuel cell system, or crematorium, as such terms are
18 defined by the code council; or
19 (iv) in a building or part of a building that is owned or occupied by
20 a person who holds genuine and sincere religious beliefs and whose
21 health and safety will be jeopardized due to the prohibition of the
22 installation of fossil-fuel equipment and building systems because of
23 such genuine and sincere religious beliefs.
24 § 3. This act shall take effect immediately.
