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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A920A
TITLE OF BILL:
An act to amend the energy law, in relation to enacting the "all-elec-
tric building act"
To decrease greenhouse gas emissions and air pollution arising from new
SUMMARY OF PROVISIONS:
Section 1 sets forth the short title.
Section 2 amends the state energy conservation construction code by
adding a new subdivision to section 11-102 of the energy law that
defines "all-electric ready."
Section 3 amends the state energy conservation construction code by
adding three new subdivisions to section 11-104 of the energy law.
Subdivision 7 requires that the code prohibit the installation of
fossil-fuel combusting equipment in new construction statewide on or
after December 31, 2023, if the building is fewer than seven stories,
and July 1, 2027 if the building is seven stories or more.
Subdivision 8 requires that the code permit certain exemptions, for
specific types of commercial buildings, or for projects where an all-e-
lectric construction is infeasible.
Subdivision 9 clarifies that nothing in the section pre-empts local
governments from banning equipment that combusts fossil fuels.
Section 4 amends the energy law to add a new section, 11-111, which
directs the department of public service, the division of housing and
community renewal, the department of state, and the energy research and
development authority to report jointly to the Governor and Legislature
by February 1, 2024 regarding any electric rate design or policy changes
need to be made to ensure this act does not diminish affordable housing
production or affordability of electricity for customers in all-electric
Section 5 sets forth the effective date.
Electrification has been proven to be a vital and cost-effective tool in
reducing greenhouse gas emissions. According to the U.S. Energy Informa-
tion Administration, buildings account for twenty-eight percent of the
United States' energy use and greenhouse gas emissions. In addition,
corporations seeking approval for infrastructure to transport and
distribute natural gas in New York have emphasized that the rationale
for creating such infrastructure is based in part on projected increased
demand for natural gas from customers in new buildings. Requiring all
electric buildings for new construction will eliminate this rationale
and help achieve the greenhouse gas emission reduction goals established
in the New York State Climate Leadership and Community Protection Act
(CLCPA) and further New York's record as a leader in combating climate
A8431 (2022) - died in committee.
This act shall take effect immediately.
STATE OF NEW YORK
2023-2024 Regular Sessions
January 11, 2023
Introduced by M. of A. GALLAGHER, FAHY, STIRPE, KELLES, BURGOS, ANDER-
SON, BICHOTTE HERMELYN, BRONSON, BURDICK, BURKE, CARROLL, CLARK,
COLTON, CRUZ, CUNNINGHAM, DAVILA, DE LOS SANTOS, DICKENS, DILAN,
DINOWITZ, EPSTEIN, FORREST, GIBBS, GLICK, GONZALEZ-ROJAS, HEVESI,
JACKSON, JACOBSON, KIM, MAMDANI, MEEKS, MITAYNES, OTIS, PAULIN, PRET-
LOW, RAMOS, REYES, RIVERA, L. ROSENTHAL, SAYEGH, SEAWRIGHT, SIMON,
STECK, TAYLOR, WALKER, SHRESTHA, ARDILA, SIMONE, SHIMSKY -- read once
and referred to the Committee on Energy -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
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 17 to read as follows:
5 17. "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-four.
13 § 3. Section 11-104 of the energy law is amended by adding three new
14 subdivisions 7, 8 and 9 to read as follows:
15 7. To support the goal of zero on-site greenhouse gas emissions and
16 help achieve the state's clean energy and climate agenda, including but
17 not limited to greenhouse gas reduction requirements set forth within
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 is old law to be omitted.
A. 920--A 2
1 chapter one hundred six of the laws of two thousand nineteen, also known
2 as the New York state climate leadership and community protection act,
3 the code shall prohibit infrastructure, building systems, or equipment
4 used for the combustion of fossil fuels in new construction statewide no
5 later than December thirty-first, two thousand twenty-three if the
6 building is less than seven stories and July first, two thousand twen-
7 ty-seven if the building is seven stories or more.
8 8. Notwithstanding the provisions of subdivision seven of this
9 section, the state fire prevention and building code council may exempt
10 systems for emergency back-up power, or buildings specifically desig-
11 nated for occupancy by a commercial food establishment, laboratory,
12 laundromat, hospital, or crematorium, but in doing so shall seek to
13 minimize emissions and maximize health, safety, and fire-protection. In
14 such cases, the code shall limit the infrastructure, building systems,
15 or equipment used for the combustion of fossil fuels to the system and
16 area of a building for which a prohibition on infrastructure, building
17 systems, or equipment used for the combustion of fossil fuels is infea-
18 sible. To the fullest extent feasible, the code shall require that the
19 area or service within the project where infrastructure, building
20 systems, or equipment used for the combustion of fossil fuels are
21 installed shall be all-electric ready. Financial considerations shall
22 not be sufficient basis to determine physical or technical infeasibil-
23 ity. Exemptions or waivers provided under this subdivision shall be
24 reviewed during each major code update cycle to determine whether they
25 are still needed.
26 9. Nothing in this section shall be interpreted or otherwise construed
27 as preempting a municipality from prohibiting infrastructure, building
28 systems, or equipment that uses or combusts fossil fuels.
29 § 4. The energy law is amended by adding a new section 11-111 to read
30 as follows:
31 § 11-111. Additional reporting. On or before February first, two
32 thousand twenty-four, the department of public service, the division of
33 housing and community renewal, the department of state, and the New York
34 state energy research and development authority shall report jointly to
35 the governor, the temporary president of the senate, the minority leader
36 of the senate, the speaker of the assembly, and the minority leader of
37 the assembly, regarding what changes to electric rate designs, new or
38 existing subsidy programs, policies, or laws are necessary to ensure
39 that subdivisions seven and eight of section 11-104 of this article do
40 not diminish the production of affordable housing or the affordability
41 of electricity for customers in all-electric buildings. For the purpose
42 of this subdivision, "affordability of electricity" shall mean that
43 electricity does not cost more than six percent of a residential custom-
44 er's income.
45 § 5. This act shall take effect immediately.