Angelino, Durso, Giglio, Manktelow, McDonough, Simpson, Brown K, Brown E
MLTSPNSR
Add §99-aa, Gen Muni L
Prohibits a municipal corporation from prohibiting the issuing of a permit for the construction of any new commercial, residential, or mixed-use building on the basis that such building will be a mixed-fuel building.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5171
SPONSOR: DeStefano TITLE OF BILL:
An act to amend the general municipal law, in relation to prohibiting
the denial of a building permit on the basis that such building will be
a mixed-fuel building
PURPOSE:
This bill's intent is to prohibit municipal corporations from prohibit-
ing construction permits for new commercial, residential, or mixed-fuel
buildings on the basis that such building is a mixed-fuel building.
SUMMARY OF PROVISIONS:
Section 1 adds § 99-z which amends the general municipal law which
outlines no municipal corporations shall prohibit the issuing of
construction permits to mixed-fuel building on the basis of being clas-
sified as a mixed-fuel building. Section 2 is the effective date.
JUSTIFICATION:
While most local leaders have been diligent in working to protect the
environment, the reality is that not every community has the same energy
needs or the same access to renewable energy sources. This bill contin-
ues to provide local control to local municipalities while the state and
the nation continue to refine access to renewable energies so that they
are available to all regions of our state. This will allow continued
growth to sustain our economy and create much-needed jobs.
PRIOR LEGISLATIVE HISTORY:
A.9808 as of 2021/22- referred to local governments;
A3495 of 2023/24- referred to local governments
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5171
2025-2026 Regular Sessions
IN ASSEMBLY
February 12, 2025
___________
Introduced by M. of A. DeSTEFANO, ANGELINO, DURSO, GIGLIO, MANKTELOW,
McDONOUGH, SIMPSON, K. BROWN, E. BROWN -- read once and referred to
the Committee on Local Governments
AN ACT to amend the general municipal law, in relation to prohibiting
the denial of a building permit on the basis that such building will
be a mixed-fuel building
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general municipal law is amended by adding a new
2 section 99-aa to read as follows:
3 § 99-aa. Prohibition on mixed-fuel buildings. 1. No municipal corpo-
4 ration shall prohibit the issuing of a permit for the construction of
5 any new commercial, residential, or mixed-use building on the basis that
6 such building will be a mixed-fuel building.
7 2. As used in this section, the following terms shall have the follow-
8 ing meanings:
9 a. "Mixed-use building" shall mean a building used for both residen-
10 tial and commercial purposes.
11 b. "Mixed-fuel building" shall mean a building that uses a combination
12 of electricity and natural gas, propane, or oil to meet building energy
13 needs.
14 c. "Building energy needs" shall mean all space conditioning including
15 heating and cooling, water heating including pools and spas, cooking
16 appliances and clothes drying appliances.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03693-01-5
