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A08431 Summary:

BILL NOA08431B
 
SAME ASSAME AS S06843-C
 
SPONSORGallagher
 
COSPNSRSimon, Carroll, Epstein, Dinowitz, Rosenthal L, Seawright, Mamdani, Gottfried, Glick, Steck, Gonzalez-Rojas, Reyes, Jackson, Kim, Mitaynes, Niou, Colton, Burdick, Forrest, Kelles, Galef, Burgos, Cruz, Ramos, Bichotte Hermelyn, Fahy, Anderson, Frontus, Stirpe, Burke, Quart, Englebright, Paulin, Meeks, Dilan, Abinanti, Gibbs, Dickens, Davila, Hevesi, Fernandez, Clark, Rivera J, Otis, Cymbrowitz, Solages, Cunningham, Taylor, De Los Santos, Walker, Sayegh, Pretlow, Jacobson
 
MLTSPNSR
 
Amd §§11-102 & 11-104, add §11-111, Energy L
 
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.
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A08431 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8431--B
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    November 17, 2021
                                       ___________
 
        Introduced  by  M.  of  A. GALLAGHER, SIMON, CARROLL, EPSTEIN, DINOWITZ,
          L. ROSENTHAL,   SEAWRIGHT,   MAMDANI,   GOTTFRIED,    GLICK,    STECK,
          GONZALEZ-ROJAS,  REYES, JACKSON, KIM, MITAYNES, NIOU, COLTON, BURDICK,
          FORREST, KELLES, GALEF, BURGOS, CRUZ, RAMOS, BICHOTTE HERMELYN,  FAHY,
          ANDERSON,  FRONTUS,  STIRPE, BURKE, QUART, ENGLEBRIGHT, PAULIN, MEEKS,
          DILAN, ABINANTI, GIBBS, DICKENS,  DAVILA,  HEVESI,  FERNANDEZ,  CLARK,
          J. RIVERA,  OTIS -- read once and referred to the Committee on Govern-
          mental Operations -- recommitted  to  the  Committee  on  Governmental
          Operations  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee -- again reported from said  committee  with  amend-
          ments, ordered reprinted as amended and recommitted to said committee
 
        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 16 to read as follows:
     5    16. "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-three.
    13    §  3.  Section  11-104  of  the  energy law is amended by adding 3 new
    14  subdivisions 6, 7 and 8 to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11571-09-2

        A. 8431--B                          2
 
     1    6. To support the goal of zero on-site greenhouse  gas  emissions  and
     2  help  achieve the state's clean energy and climate agenda, including but
     3  not limited to greenhouse gas reduction requirements  set  forth  within
     4  chapter one hundred six of the laws of two thousand nineteen, also known
     5  as  the  New York state climate leadership and community protection act,
     6  the code shall prohibit infrastructure, building systems,  or  equipment
     7  used for the combustion of fossil fuels in new construction statewide no
     8  later  than  December  thirty-first,  two  thousand  twenty-three if the
     9  building is less than seven stories and July first, two  thousand  twen-
    10  ty-seven if the building is seven stories or more.
    11    7.  Notwithstanding the provisions of subdivision six of this section,
    12  the state fire prevention and building code council may  exempt  systems
    13  for  emergency  back-up  power, or buildings specifically designated for
    14  occupancy by a commercial food  establishment,  laboratory,  laundromat,
    15  hospital,  or  crematorium, but in doing so shall seek to minimize emis-
    16  sions and maximize health, safety, and fire-protection. In  such  cases,
    17  the  code shall limit the infrastructure, building systems, or equipment
    18  used for the combustion of fossil fuels to the  system  and  area  of  a
    19  building for which a prohibition on infrastructure, building systems, or
    20  equipment  used for the combustion of fossil fuels is infeasible. To the
    21  fullest extent feasible, the code shall require that the area or service
    22  within the project where infrastructure, building systems, or  equipment
    23  used for the combustion of fossil fuels are installed shall be all-elec-
    24  tric  ready.  Financial  considerations shall not be sufficient basis to
    25  determine physical or technical  infeasibility.  Exemptions  or  waivers
    26  provided under this subdivision shall be reviewed during each major code
    27  update cycle to determine whether they are still needed.
    28    8. Nothing in this section shall be interpreted or otherwise construed
    29  as  preempting  a municipality from prohibiting infrastructure, building
    30  systems, or equipment that uses or combusts fossil fuels.
    31    § 4. The energy law is amended by adding a new section 11-111 to  read
    32  as follows:
    33    §  11-111.  Additional  reporting.    On or before February first, two
    34  thousand twenty-three, the department of public service, the division of
    35  housing and community renewal, the department of state, and the New York
    36  state energy research and development authority shall report jointly  to
    37  the governor, the temporary president of the senate, the minority leader
    38  of  the  senate, the speaker of the assembly, and the minority leader of
    39  the assembly, regarding what changes to electric rate  designs,  new  or
    40  existing  subsidy  programs,  policies,  or laws are necessary to ensure
    41  that subdivisions six and seven of section 11-104 of this article do not
    42  diminish the production of affordable housing or  the  affordability  of
    43  electricity  for customers in all-electric buildings. For the purpose of
    44  this subdivision, "affordability of electricity" shall mean  that  elec-
    45  tricity  does not cost more than six percent of a residential customer's
    46  income.
    47    § 5. This act shall take effect immediately.
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