Enacts the "all-electric building act"; provides that the state energy conservation construction code shall prohibit infrastructure, building systems, or equipment used for the combustion of fossil fuels in new construction statewide no later than December 31, 2023 if the building is less than seven stories and July 1, 2027 if the building is seven stories or more.
STATE OF NEW YORK
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8431--B
2021-2022 Regular Sessions
IN ASSEMBLY
November 17, 2021
___________
Introduced by M. of A. GALLAGHER, SIMON, CARROLL, EPSTEIN, DINOWITZ,
L. ROSENTHAL, SEAWRIGHT, MAMDANI, GOTTFRIED, GLICK, STECK,
GONZALEZ-ROJAS, REYES, JACKSON, KIM, MITAYNES, NIOU, COLTON, BURDICK,
FORREST, KELLES, GALEF, BURGOS, CRUZ, RAMOS, BICHOTTE HERMELYN, FAHY,
ANDERSON, FRONTUS, STIRPE, BURKE, QUART, ENGLEBRIGHT, PAULIN, MEEKS,
DILAN, ABINANTI, GIBBS, DICKENS, DAVILA, HEVESI, FERNANDEZ, CLARK,
J. RIVERA, OTIS -- read once and referred to the Committee on Govern-
mental Operations -- recommitted to the Committee on Governmental
Operations in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- again reported from said committee with amend-
ments, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the energy law, in relation to enacting the "all-elec-
tric building act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "all-electric building act".
3 § 2. Section 11-102 of the energy law is amended by adding a new
4 subdivision 16 to read as follows:
5 16. "All-electric ready." A building, project, or portion thereof that
6 contains electrical systems and designs that provide sufficient capacity
7 for a future retrofit of a mixed-fuel building to an all-electric build-
8 ing, including sufficient space, drainage, electrical conductors or
9 raceways, bus bar capacity, and overcurrent protective devices for such
10 retrofit. The state fire prevention and building code council shall
11 promulgate guidelines for an electric-ready building on or before Janu-
12 ary first, two thousand twenty-three.
13 § 3. Section 11-104 of the energy law is amended by adding 3 new
14 subdivisions 6, 7 and 8 to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11571-09-2
A. 8431--B 2
1 6. To support the goal of zero on-site greenhouse gas emissions and
2 help achieve the state's clean energy and climate agenda, including but
3 not limited to greenhouse gas reduction requirements set forth within
4 chapter one hundred six of the laws of two thousand nineteen, also known
5 as the New York state climate leadership and community protection act,
6 the code shall prohibit infrastructure, building systems, or equipment
7 used for the combustion of fossil fuels in new construction statewide no
8 later than December thirty-first, two thousand twenty-three if the
9 building is less than seven stories and July first, two thousand twen-
10 ty-seven if the building is seven stories or more.
11 7. Notwithstanding the provisions of subdivision six of this section,
12 the state fire prevention and building code council may exempt systems
13 for emergency back-up power, or buildings specifically designated for
14 occupancy by a commercial food establishment, laboratory, laundromat,
15 hospital, or crematorium, but in doing so shall seek to minimize emis-
16 sions and maximize health, safety, and fire-protection. In such cases,
17 the code shall limit the infrastructure, building systems, or equipment
18 used for the combustion of fossil fuels to the system and area of a
19 building for which a prohibition on infrastructure, building systems, or
20 equipment used for the combustion of fossil fuels is infeasible. To the
21 fullest extent feasible, the code shall require that the area or service
22 within the project where infrastructure, building systems, or equipment
23 used for the combustion of fossil fuels are installed shall be all-elec-
24 tric ready. Financial considerations shall not be sufficient basis to
25 determine physical or technical infeasibility. Exemptions or waivers
26 provided under this subdivision shall be reviewed during each major code
27 update cycle to determine whether they are still needed.
28 8. Nothing in this section shall be interpreted or otherwise construed
29 as preempting a municipality from prohibiting infrastructure, building
30 systems, or equipment that uses or combusts fossil fuels.
31 § 4. The energy law is amended by adding a new section 11-111 to read
32 as follows:
33 § 11-111. Additional reporting. On or before February first, two
34 thousand twenty-three, the department of public service, the division of
35 housing and community renewal, the department of state, and the New York
36 state energy research and development authority shall report jointly to
37 the governor, the temporary president of the senate, the minority leader
38 of the senate, the speaker of the assembly, and the minority leader of
39 the assembly, regarding what changes to electric rate designs, new or
40 existing subsidy programs, policies, or laws are necessary to ensure
41 that subdivisions six and seven of section 11-104 of this article do not
42 diminish the production of affordable housing or the affordability of
43 electricity for customers in all-electric buildings. For the purpose of
44 this subdivision, "affordability of electricity" shall mean that elec-
45 tricity does not cost more than six percent of a residential customer's
46 income.
47 § 5. This act shall take effect immediately.
