NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A8431B
SPONSOR: Gallagher TITLE OF BILL:
An act to amend the energy law, in relation to enacting the "all-elec-
tric building act"
PURPOSE:
To decrease greenhouse gas emissions and air pollution in new
construction projects.
SUMMARY OF PROVISIONS:
Section 1 of the bill sets forth the short title.
Section 2 of the bill amends Section 11-102 of the energy law by adding
a new definition for "all-electric ready":
Section 3 of the bill amends Section 11-104 of the energy law by adding
three new subdivisions 6, 7 and 8.
Subdivision 6 of Section 11-104 of the energy law directs the state fire
prevention and building code council to prohibit the installation of
systems that can be used for the combustion of fossil fuels in new
construction. This prohibition shall take effect no later than December
31, 2023 for buildings under six stories, and no later than July 1, 2027
for all other buildings.
Subdivision 7 of Section 11-104 of the energy law allows the code coun-
cil to exempt certain systems from this prohibition including those for
emergency back-up power or for buildings designated as a commercial food
establishment, laboratory, laundromat, hospital, or crematorium. If a
system is exempt, it must be limited to only the area of such building
where it is technically infeasible to prohibit fossil fuel usage. Finan-
cial considerations alone are not enough to justify infeasibility. To
the fullest extent feasible, any fossil fuel systems that are exempt
must be installed as all-electric ready.
Subdivision 8 of Section 11-104 of the energy law makes clear that noth-
ing in this section shall preempt a municipality within the state from
adopting their own prohibitions.
Section 4 of the bill creates a new Section 11-111 in the energy law.
This section 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, 2023 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 buildings.
Section 5 sets forth the effective date.
JUSTIFICATION:
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. Prohibiting the
use of fossil fuels in 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
change.
In December 2021, New York City became the largest city in the nation to
enact a prohibition on fossil fuels in new construction. By aligning the
state's policy with NYC Local Law 154 it is estimated that we will save
an additional 4 million metric tons of CO2beyond the 2 million metric
tons estimated to be saved by NYC's law. The Climate Action Council in
their draft scoping plan also highlighted the need for immediate build-
ing electrification along the same timeline enacted in NYC and contem-
plated by this legislation.
LEGISLATIVE HISTORY:
None.
FISCAL IMPLICATIONS:
Minimal.
EFFECTIVE DATE:
This act shall take effect immediately.
