Amd §11-104, Energy L; amd §371, rpld §378 sub 19, Exec L; rpld §1005 sub 30, Pub Auth L; rpld Art 4-D, Pub
Bldg L
Repeals provisions of law relating to prohibiting the installation of fossil-fuel equipment and building systems in new construction and to establishing decarbonization action plans for state-owned facilities.
STATE OF NEW YORK
________________________________________________________________________
9221
2025-2026 Regular Sessions
IN ASSEMBLY
November 3, 2025
___________
Introduced by M. of A. BOLOGNA -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the energy law and the executive law, in relation to
repealing provisions of law relating to prohibiting the installation
of fossil-fuel equipment and building systems in new construction; and
to repeal certain provisions of the executive law, the public authori-
ties law and the public buildings law relating to establishing decar-
bonization action plans for state-owned facilities
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 6, 7 and 8 of section 11-104 of the energy
2 law, subdivision 6 as amended and subdivisions 7 and 8 as added by
3 section 1 of part RR of chapter 56 of the laws of 2023, are amended to
4 read as follows:
5 6. [(a)] To the fullest extent feasible, the standards for
6 construction of buildings in the code shall be designed to help achieve
7 the state's clean energy and climate agenda, including but not limited
8 to greenhouse gas reduction, set forth within chapter one hundred six of
9 the laws of two thousand nineteen, also known as the New York state
10 climate leadership and community protection act, and as further identi-
11 fied by the New York state climate action council established pursuant
12 to section 75-0103 of the environmental conservation law.
13 [(b) In addition to the foregoing, to support the goal of zero on-site
14 greenhouse gas emissions and help achieve the state's clean energy and
15 climate agenda, including but not limited to greenhouse gas reduction
16 requirements set forth within chapter one hundred six of the laws of two
17 thousand nineteen, also known as the New York state climate leadership
18 and community protection act, the code shall prohibit the installation
19 of fossil-fuel equipment and building systems, in any new building not
20 more than seven stories in height, except for a new commercial or indus-
21 trial building greater than one hundred thousand square feet in condi-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13991-01-5
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1 tioned floor area, on or after December thirty-first, two thousand twen-
2 ty-five, and the code shall prohibit the installation of fossil-fuel
3 equipment and building systems, in all new buildings after December
4 thirty-first, two thousand twenty-eight.
5 7. (a) The provisions set forth in paragraph (b) of subdivision six of
6 this section shall not be construed as applying to buildings existing
7 prior to the effective date of the applicable prohibition, including to:
8 (i) the repair, alteration, addition, relocation, or change of occu-
9 pancy or use of such buildings; and
10 (ii) the installation or continued use and maintenance of fossil-fuel
11 equipment and building systems, including as related to cooking equip-
12 ment, in any such buildings.
13 (b) In addition, in effectuating the provisions set forth in paragraph
14 (b) of subdivision six of this section the code shall include exemptions
15 for the purposes of allowing the installation and use of fossil-fuel
16 equipment and building systems where such are installed and used:
17 (i) for generation of emergency back-up power and standby power
18 systems;
19 (ii) in a manufactured home as defined in subdivision seven of section
20 six hundred one of the executive law; or
21 (iii) in a building or part of a building that is used as a manufac-
22 turing facility, commercial food establishment, laboratory, car wash,
23 laundromat, hospital, other medical facility, critical infrastructure,
24 including but not limited to emergency management facilities, wastewater
25 treatment facilities, and water treatment and pumping facilities, agri-
26 cultural building, fuel cell system, or crematorium, as such terms are
27 defined by the code council.
28 (c) Where the code includes an allowed exemption pursuant to subpara-
29 graph (i) or (iii) of paragraph (b) of this subdivision, other than
30 agricultural buildings as defined by the council, such exemption shall
31 include provisions that, to the fullest extent feasible, limit the use
32 of fossil-fuel equipment and building systems to the system and area of
33 the building for which a prohibition on fossil-fuel equipment and build-
34 ing systems is infeasible; require the area or service within a new
35 building where fossil-fuel equipment and building systems are installed
36 be electrification ready, except with respect to servicing manufacturing
37 or industrial processes; and minimize emissions from the fossil-fuel
38 equipment and building systems that are allowed to be used, provided
39 that the provisions set forth in this paragraph do not adversely affect
40 health, safety, security, or fire protection. Financial considerations
41 shall not be sufficient basis to determine physical or technical infea-
42 sibility.
43 (d) Exemptions included in the code pursuant to this subdivision shall
44 be periodically reviewed by the state fire prevention and building code
45 council to assure that they continue to effectuate the purposes of
46 subdivision six of this section to the fullest extent feasible.
47 (e) The code shall allow for exemption of a new building construction
48 project that requires an application for new or expanded electric
49 service, pursuant to subdivision one of section thirty-one of the public
50 service law and/or section twelve of the transportation corporations
51 law, when electric service cannot be reasonably provided by the grid as
52 operated by the local electric corporation or municipality pursuant to
53 subdivision one of section sixty-five of the public service law;
54 provided, however, that the public service commission shall determine
55 reasonableness for purposes of this exemption. For the purposes of this
A. 9221 3
1 paragraph, "grid" shall have the same meaning as electric plant, as
2 defined in subdivision twelve of section two of the public service law.
3 8. For the purposes of this section:
4 (a) "Fossil-fuel equipment and building systems" shall mean (i) equip-
5 ment, as such term is defined in section 11-102 of this article, that
6 uses fossil-fuel for combustion; or (ii) systems, other than items
7 supporting an industrial or commercial process as referred to in the
8 definition of equipment in section 11-102 of the energy law, associated
9 with a building that will be used for or to support the supply, distrib-
10 ution, or delivery of fossil-fuel for any purpose, other than for use by
11 motor vehicles.
12 (b) "Electrification ready" means the new building or portion thereof
13 where fossil-fuel equipment and building systems are allowed to be used
14 which contains electrical systems and designs that provide sufficient
15 capacity for a future replacement of such fossil-fuel equipment and
16 building systems with electric-powered equipment, including but not
17 limited to sufficient space, drainage, electrical conductors or race-
18 ways, bus bar capacity, and overcurrent protective devices for such
19 electric-powered equipment.]
20 § 2. Section 371 of the executive law, as amended by section 2 of part
21 RR of chapter 56 of the laws of 2023, is amended to read as follows:
22 § 371. Statement of legislative findings and purposes. 1. The legisla-
23 ture hereby finds and declares that:
24 a. The present level of loss of life, injury to persons, and damage to
25 property as a result of fire demonstrates that the people of the state
26 have yet to receive the basic level of protection to which they are
27 entitled in connection with the construction and maintenance of build-
28 ings;
29 b. There does not exist for all areas of the state a single, adequate,
30 enforceable code establishing minimum standards for fire protection and
31 construction, maintenance and use of materials in buildings. Instead,
32 there exists a multiplicity of codes and requirements for various types
33 of buildings administered at various levels of state and local govern-
34 ment. There are, in addition, extensive areas of the state in which no
35 code at all is in effect for the general benefit of the people of the
36 state;
37 c. The present system of enforcement of fire protection and building
38 construction codes is characterized by a lack of adequately trained
39 personnel, as well as inconsistent qualifications for personnel who
40 administer and enforce those codes;
41 d. Whether because of the absence of applicable codes, inadequate code
42 provisions or inadequate enforcement of codes, the threat to the public
43 health and safety posed by fire remains a real and present danger for
44 the people of the state; and
45 e. The multiplicity of fire protection and building construction code
46 requirements poses an additional problem for the people of the state
47 since it increases the cost of doing business in the state by perpetuat-
48 ing multiple requirements, jurisdictional overlaps and business uncer-
49 tainties, and, in some instances, by artificially inducing high
50 construction costs.
51 2. The legislature declares that it shall be the public policy of the
52 state of New York to:
53 a. Immediately provide for a minimum level of protection from the
54 hazards of fire in every part of the state;
55 b. Provide for the promulgation of a uniform code addressing building
56 construction and fire prevention in order to provide a basic minimum
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1 level of protection to all people of the state from hazards of fire and
2 inadequate building construction. In providing for such a uniform code,
3 it is declared to be the policy of the state of New York to:
4 (1) reconcile the myriad existing and potentially conflicting regu-
5 lations which apply to different types of buildings and occupancies;
6 (2) recognize that fire prevention and fire prevention codes are
7 closely related to the adequacy of building construction codes, that the
8 greatest portion of a building code's requirements are fire safety
9 oriented, and that fire prevention and building construction concerns
10 should be the subject of a single code;
11 (3) [recognize that the decarbonization of new and existing buildings
12 is closely related to the state's clean energy and climate agenda as
13 described in the New York climate leadership and community protection
14 act set forth in chapter one hundred six of the laws of two thousand
15 nineteen, and that the uniform code shall enable the state's clean ener-
16 gy objectives;
17 (4)] place public and private buildings on an equal plane with respect
18 to fire prevention and adequacy of building construction;
19 [(5)] (4) require new and existing buildings alike to keep pace with
20 advances in technology concerning fire prevention and building
21 construction, including, where appropriate, that provisions apply on a
22 retroactive basis; and
23 [(6)] (5) provide protection to both residential and non-residential
24 buildings;
25 c. Insure that the uniform code be in full force and effect in every
26 area of the state;
27 d. Encourage local governments to exercise their full powers to admin-
28 ister and enforce the uniform code; and
29 e. Provide for a uniform, statewide approach to the training and qual-
30 ification of personnel engaged in the administration and enforcement of
31 the uniform code.
32 § 3. Subdivision 19 of section 378 of the executive law is REPEALED.
33 § 4. Subdivision 30 of section 1005 of the public authorities law is
34 REPEALED.
35 § 5. Article 4-D of the public buildings law is REPEALED.
36 § 6. This act shall take effect immediately.
