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A05171 Summary:

BILL NOA05171
 
SAME ASNo Same As
 
SPONSORDeStefano
 
COSPNSRAngelino, 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.
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A05171 Actions:

BILL NOA05171
 
02/12/2025referred to local governments
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A05171 Memo:

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.
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A05171 Text:



 
                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
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