NY State Senate Bill 2021-S6843A

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 03, 2022	print number 6843c
May 03, 2022	amend (t) and recommit to finance
Mar 09, 2022	reported and committed to finance
Mar 03, 2022	print number 6843b
Mar 03, 2022	amend and recommit to housing, construction and community development
Jan 05, 2022	referred to housing, construction and community development
Oct 29, 2021	print number 6843a
Oct 29, 2021	amend (t) and recommit to housing, construction and community development
May 19, 2021	referred to housing, construction and community development

Votes

- Mar 9, 2022 - Housing, Construction And Community Development Committee Vote
  S6843A
  
  Aye
  
  6
  
  Nay
  
  3
  
  Aye with Reservations
  
  2
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Housing, Construction And Community Development Committee Vote: Mar 9, 2022
      
      aye (6)
      
      Brisport
      
      Jackson
      
      Kavanagh
      
      Myrie
      
      Rivera
      
      Salazar
      
      nay (3)
      
      Boyle
      
      Helming
      
      Martucci
      
      aye wr (2)
      
      Mannion
      
      Ryan
  May 10, 2022 - Finance Committee Vote
  S6843A
  
  Aye
  
  22
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Finance Committee Vote: May 10, 2022
      
      aye (22)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Tedisco
      
      Thomas
      
      absent (1)
      
      Parker

Bill Amendments

Original

C (Active)

co-Sponsors

2021-S6843 - Details

See Assembly Version of this Bill:: A8431
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S562, A920

2021-S6843 - Summary

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.

2021-S6843 - Sponsor Memo

                                 
BILL NUMBER: S6843

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "all-e-
lectric building act of 2021"

 
PURPOSE:

To decrease greenhouse gas emissions and air pollution in new
construction projects.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the short title.

Section 2 amends executive law by adding a new § 382-c.

Paragraph 1 sets forth definitions.

Paragraph 2 prohibits cities, towns, or villages from issuing a permit

for the construction of any new commercial, residential, or mixed-use
mixed fuel building that submitted their initial application on or after
January first, two thousand twenty-five, except when such all-electric
building is proven to be infeasible or for a commercial kitchen.

Paragraph 3 prohibits the issuance building or construction permits that
would convert an all-electric building or project into a mixed-fuel
building where the initial application as submitted after January first,
two thousand twenty-five.

Section 3 establishes an 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. Requiring all-e-
lectric 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
change.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6843 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6843
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community Development
 
 AN  ACT  to amend the executive law, in relation to enacting the "all-e-
   lectric building act of 2021"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "all-electric building act of 2021".
   § 2. The executive law is amended by adding a  new  section  382-c  to
 read as follows:
   § 382-C. ALL-ELECTRIC BUILDINGS. 1. AS USED IN THIS SECTION:
   A. "ALL-ELECTRIC BUILDING OR PROJECT" SHALL MEAN A BUILDING OR PROJECT
 THAT USES A PERMANENT SUPPLY OF ELECTRICITY AS THE SOLE SOURCE OF ENERGY
 TO MEET BUILDING ENERGY NEEDS. AN ALL-ELECTRIC BUILDING OR PROJECT SHALL
 HAVE  NO  NATURAL GAS, PROPANE, OR OIL HEATERS, BOILERS, PIPING SYSTEMS,
 FIXTURES OR INFRASTRUCTURE INSTALLED TO MEET BUILDING ENERGY NEEDS.
   B. "BUILDING ENERGY NEEDS" SHALL MEAN ALL SPACE CONDITIONING INCLUDING
 HEATING  AND  COOLING,  WATER  HEATING INCLUDING POOLS AND SPAS, COOKING
 APPLIANCES AND CLOTHES DRYING APPLIANCES.
   C. "ALL-ELECTRIC READY" SHALL MEAN A  BUILDING,  PROJECT,  OR  PORTION
 THEREOF THAT CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFI-
 CIENT  CAPACITY  FOR  A  FUTURE  RETROFIT OF A MIXED-FUEL BUILDING TO AN
 ALL-ELECTRIC BUILDING, INCLUDING SUFFICIENT SPACE, DRAINAGE,  ELECTRICAL
 CONDUCTORS  OR  RACEWAYS,  BUS  BAR CAPACITY, AND OVERCURRENT PROTECTIVE
 DEVICES FOR SUCH RETROFIT.   THE DEPARTMENT OF  STATE  SHALL  PROMULGATE
 GUIDELINES  FOR  AN  ELECTRIC-READY BUILDING ON OR BEFORE JANUARY FIRST,
 TWO THOUSAND TWENTY-THREE.
   D. "MIXED-FUEL BUILDING" SHALL MEAN A BUILDING THAT USES A COMBINATION
 OF ELECTRICITY AND NATURAL GAS, PROPANE, OR OIL TO MEET BUILDING  ENERGY
 NEEDS.    FOR  THE PURPOSES OF THIS SECTION, "MIXED-FUEL BUILDING" SHALL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD11571-01-1

 S. 6843                             2
 
 NOT INCLUDE BUILDINGS THAT USE GEOTHERMAL OR SOLAR ENERGY TO MEET  HEAT-
 ING  AND/OR COOLING BUILDING ENERGY NEEDS BUT ARE OTHERWISE ALL-ELECTRIC
 BUILDINGS.
   E.  "MIXED-USE  BUILDING" SHALL MEAN A BUILDING USED FOR BOTH RESIDEN-
 TIAL AND COMMERCIAL PURPOSES.
   2. A.  NO  CITY,  TOWN  OR  VILLAGE  SHALL  ISSUE  A  PERMIT  FOR  THE
 CONSTRUCTION  OF  ANY NEW COMMERCIAL, RESIDENTIAL, OR MIXED-USE BUILDING
 THAT IS NOT AN ALL-ELECTRIC BUILDING IF THE INITIAL APPLICATION FOR SUCH
 PERMIT WAS SUBMITTED ON OR AFTER JANUARY, FIRST,  TWO  THOUSAND  TWENTY-
 FOUR, UNLESS THE CIRCUMSTANCES SET FORTH IN PARAGRAPH B OF THIS SUBDIVI-
 SION  APPLY.  FOR  PURPOSES OF THIS SUBDIVISION, THE INITIAL APPLICATION
 SHALL BE THE FIRST SITE OR BUILDING PERMIT APPLICATION  ASSOCIATED  WITH
 THE BUILDING OR PROJECT.
   B.  NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS SUBDIVISION,
 A CITY, TOWN, OR VILLAGE MAY ISSUE A PERMIT FOR CONSTRUCTION  OF  A  NEW
 MIXED-FUEL BUILDING IN THE FOLLOWING CIRCUMSTANCES:
   (I)  UPON  THE  FINDING  BY  THE PERMITTING BODY OF THE CITY, TOWN, OR
 VILLAGE THAT CONSTRUCTING AN ALL-ELECTRIC BUILDING OR PROJECT  IS  PHYS-
 ICALLY  OR  TECHNICALLY INFEASIBLE AND THAT A MODIFICATION IS WARRANTED.
 FINANCIAL CONSIDERATIONS SHALL NOT BE A SUFFICIENT  BASIS  TO  DETERMINE
 PHYSICAL  OR TECHNICAL INFEASIBILITY. MODIFICATIONS SHALL ONLY BE ISSUED
 UNDER THIS EXCEPTION WHERE THE LOCAL PERMITTING BODY FINDS THAT:
   A. SUFFICIENT EVIDENCE WAS SUBMITTED TO SUBSTANTIATE THE INFEASIBILITY
 OF AN ALL-ELECTRIC BUILDING OR PROJECT DESIGN;
   B. THE INSTALLATION OF NATURAL GAS OR  OIL  PIPING  SYSTEMS,  FIXTURES
 AND/OR  INFRASTRUCTURE IS STRICTLY LIMITED TO THE SYSTEM AND AREA OF THE
 BUILDING FOR WHICH ALL-ELECTRIC BUILDING OR PROJECT DESIGN  IS  INFEASI-
 BLE;
   C.  THE  AREA  OR  SERVICE  WITHIN THE PROJECT WHERE GAS OR OIL PIPING
 SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE ARE INSTALLED IS AS ALL-ELECTRIC
 READY AS FEASIBLY POSSIBLE CONSIDERING OTHER PROVISIONS OF THE  BUILDING
 AND ELECTRICAL CODES; AND
   D.  THE  PROJECT'S  MODIFIED DESIGN PROVIDES EQUIVALENT HEALTH, SAFETY
 AND FIRE-PROTECTION TO ALL-ELECTRIC BUILDING OR PROJECT DESIGN; OR
   (II) THE LOCAL PERMITTING BODY MAY ISSUE A PERMIT FOR A NEW MIXED-FUEL
 BUILDING THAT INCLUDES AN AREA SPECIFICALLY DESIGNATED FOR OCCUPANCY  BY
 A  COMMERCIAL  FOOD  SERVICE ESTABLISHMENT THAT IS A MIXED-FUEL BUILDING
 SOLELY BECAUSE IT PROVIDES GAS PIPING SYSTEMS, FIXTURES  AND/OR  INFRAS-
 TRUCTURE EXCLUSIVELY FOR COOKING EQUIPMENT WITHIN THE DESIGNATED COMMER-
 CIAL FOOD SERVICE AREA.
   3.  NO  LOCAL  PERMITTING  BODY  SHALL  ISSUE BUILDING OR CONSTRUCTION
 PERMITS THAT WOULD CONVERT AN ALL-ELECTRIC BUILDING OR  PROJECT  INTO  A
 MIXED-FUEL  BUILDING  WHERE  THE INITIAL APPLICATION WAS SUBMITTED AFTER
 JANUARY FIRST, TWO THOUSAND TWENTY-THREE.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6843A - Details

See Assembly Version of this Bill:: A8431
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S562, A920

2021-S6843A - Summary

2021-S6843A - Sponsor Memo

                                 
BILL NUMBER: S6843A

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "all-e-
lectric building act"

 
PURPOSE:

To decrease greenhouse gas emissions and air pollution in new
construction projects.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the short title.

Section 2 amends executive law by adding a new § 382-c. Paragraph 1 sets
forth definitions.

Paragraph 2 prohibits cities, towns, or villages from issuing a permit
for the construction of any new commercial, residential, or mixed-use

mixed fuel building that submitted their initial application on or after
December thirty-first, two thousand twenty-three, except when such all-
electric building is proven to be infeasible.

Paragraph 3 prohibits the issuance building or construction permits that
would convert an all-electric building or project into a mixed-fuel
building where the initial application as submitted after December thir-
ty-first, two thousand twenty-two.

Paragraph 4 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 3 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. Requiring all-e-
lectric 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
change.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6843A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6843--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced  by  Sens. KAVANAGH, HOYLMAN, MYRIE -- read twice and ordered
   printed, and when printed to be committed to the Committee on Housing,
   Construction and Community Development -- committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee

 AN ACT to amend the executive law, in relation to enacting  the  "all-e-
   lectric building act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "all-electric building act".
   §  2.  The  executive  law is amended by adding a new section 382-c to
 read as follows:
   § 382-C. ALL-ELECTRIC BUILDINGS. 1. AS USED IN THIS SECTION:
   A. "ALL-ELECTRIC BUILDING OR PROJECT" SHALL MEAN A BUILDING OR PROJECT
 THAT USES A PERMANENT SUPPLY OF ELECTRICITY AS THE SOLE SOURCE OF ENERGY
 TO MEET BUILDING ENERGY NEEDS. AN ALL-ELECTRIC BUILDING OR PROJECT SHALL
 HAVE NO NATURAL GAS, PROPANE, OR OIL HEATERS, BOILERS,  PIPING  SYSTEMS,
 FIXTURES OR INFRASTRUCTURE INSTALLED TO MEET BUILDING ENERGY NEEDS.
   B. "BUILDING ENERGY NEEDS" SHALL MEAN ALL SPACE CONDITIONING INCLUDING
 HEATING  AND  COOLING,  WATER  HEATING INCLUDING POOLS AND SPAS, COOKING
 APPLIANCES AND CLOTHES DRYING APPLIANCES.
   C.  "ALL-ELECTRIC  READY"  SHALL  MEAN A BUILDING, PROJECT, OR PORTION
 THEREOF THAT CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFI-
 CIENT CAPACITY FOR A FUTURE RETROFIT OF  A  MIXED-FUEL  BUILDING  TO  AN
 ALL-ELECTRIC  BUILDING, INCLUDING SUFFICIENT SPACE, DRAINAGE, ELECTRICAL
 CONDUCTORS OR RACEWAYS, BUS BAR  CAPACITY,  AND  OVERCURRENT  PROTECTIVE
 DEVICES  FOR  SUCH  RETROFIT.   THE DEPARTMENT OF STATE SHALL PROMULGATE
 GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR  BEFORE  JANUARY  FIRST,
 TWO THOUSAND TWENTY-THREE.
   D. "MIXED-FUEL BUILDING" SHALL MEAN A BUILDING THAT USES A COMBINATION
 OF  ELECTRICITY AND NATURAL GAS, PROPANE, OR OIL TO MEET BUILDING ENERGY
 NEEDS.  FOR THE PURPOSES OF THIS SECTION,  "MIXED-FUEL  BUILDING"  SHALL
 NOT  INCLUDE BUILDINGS THAT USE GEOTHERMAL OR SOLAR ENERGY TO MEET HEAT-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11571-02-1
 S. 6843--A                          2
 
 ING AND/OR COOLING BUILDING ENERGY NEEDS BUT ARE OTHERWISE  ALL-ELECTRIC
 BUILDINGS.
   E.  "MIXED-USE  BUILDING" SHALL MEAN A BUILDING USED FOR BOTH RESIDEN-
 TIAL AND COMMERCIAL PURPOSES.
   2. A.  NO  CITY,  TOWN  OR  VILLAGE  SHALL  ISSUE  A  PERMIT  FOR  THE
 CONSTRUCTION  OF  ANY NEW COMMERCIAL, RESIDENTIAL, OR MIXED-USE BUILDING
 THAT IS NOT AN ALL-ELECTRIC BUILDING IF THE INITIAL APPLICATION FOR SUCH
 PERMIT WAS SUBMITTED AFTER DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-
 THREE,  UNLESS THE CIRCUMSTANCES SET FORTH IN PARAGRAPH B OF THIS SUBDI-
 VISION APPLY. FOR PURPOSES OF THIS SUBDIVISION, THE INITIAL  APPLICATION
 SHALL  BE  THE FIRST SITE OR BUILDING PERMIT APPLICATION ASSOCIATED WITH
 THE BUILDING OR PROJECT.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 A  CITY,  TOWN,  OR VILLAGE MAY ISSUE A PERMIT FOR CONSTRUCTION OF A NEW
 MIXED-FUEL BUILDING UPON A FINDING BY THE PERMITTING BODY OF SUCH  CITY,
 TOWN,  OR  VILLAGE THAT CONSTRUCTING AN ALL-ELECTRIC BUILDING OR PROJECT
 IS PHYSICALLY OR TECHNICALLY  INFEASIBLE  AND  THAT  A  MODIFICATION  IS
 WARRANTED.  FINANCIAL  CONSIDERATIONS SHALL NOT BE A SUFFICIENT BASIS TO
 DETERMINE PHYSICAL OR TECHNICAL INFEASIBILITY. MODIFICATIONS SHALL  ONLY
 BE ISSUED UNDER THIS EXCEPTION WHERE THE PERMITTING BODY FINDS THAT:
   (I)  SUFFICIENT EVIDENCE WAS SUBMITTED TO SUBSTANTIATE THE INFEASIBIL-
 ITY OF AN ALL-ELECTRIC BUILDING OR PROJECT DESIGN.  SUCH  EVIDENCE  MUST
 SHOW THAT THE BUILDING EITHER:
   A.  CANNOT  SATISFY  NECESSARY  BUILDING CODE REQUIREMENTS WITHOUT THE
 USAGE OF GAS OR OIL PIPING SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE; OR
   B. IF THE BUILDING IS  SPECIFICALLY  DESIGNATED  FOR  OCCUPANCY  BY  A
 COMMERCIAL  FOOD  SERVICE  ESTABLISHMENT, THAT SUCH ESTABLISHMENT CANNOT
 FEASIBLY OPERATE USING COMMERCIALLY AVAILABLE ALL-ELECTRIC APPLIANCES;
   (II) THE INSTALLATION OF NATURAL GAS OR OIL PIPING  SYSTEMS,  FIXTURES
 AND/OR  INFRASTRUCTURE IS STRICTLY LIMITED TO THE SYSTEM AND AREA OF THE
 BUILDING FOR WHICH ALL-ELECTRIC BUILDING OR PROJECT DESIGN  IS  INFEASI-
 BLE;
   (III)  THE  AREA OR SERVICE WITHIN THE PROJECT WHERE GAS OR OIL PIPING
 SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE ARE  INSTALLED  IS  ALL-ELECTRIC
 READY; AND
   (IV)  THE PROJECT'S MODIFIED DESIGN PROVIDES EQUIVALENT HEALTH, SAFETY
 AND FIRE-PROTECTION TO ALL-ELECTRIC BUILDING OR PROJECT DESIGN.
   3. NO LOCAL PERMITTING  BODY  SHALL  ISSUE  BUILDING  OR  CONSTRUCTION
 PERMITS  THAT  WOULD  CONVERT AN ALL-ELECTRIC BUILDING OR PROJECT INTO A
 MIXED-FUEL BUILDING WHERE THE INITIAL APPLICATION  WAS  SUBMITTED  AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   4. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWENTY-THREE, THE DEPART-
 MENT  OF  PUBLIC SERVICE, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 THE DEPARTMENT OF STATE, AND THE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
 ITY SHALL REPORT JOINTLY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND THE MINORITY LEADER OF THE ASSEMBLY, REGARDING WHAT CHANGES TO ELEC-
 TRIC  RATE  DESIGNS, NEW OR EXISTING SUBSIDY PROGRAMS, POLICIES, OR LAWS
 ARE NECESSARY TO ENSURE THIS SECTION DOES NOT DIMINISH THE PRODUCTION OF
 AFFORDABLE HOUSING OR THE AFFORDABILITY OF ELECTRICITY FOR CUSTOMERS  IN
 ALL-ELECTRIC  BUILDINGS.  FOR THE PURPOSE OF THIS SUBDIVISION, "AFFORDA-
 BILITY OF ELECTRICITY" SHALL MEAN THAT ELECTRICITY DOES  NOT  COST  MORE
 THAN SIX PERCENT OF A RESIDENTIAL CUSTOMER'S INCOME.
   § 3. This act shall take effect immediately.

co-Sponsors

View additional co-sponsors

2021-S6843B - Details

See Assembly Version of this Bill:: A8431
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S562, A920

2021-S6843B - Summary

2021-S6843B - Sponsor Memo

                                 
BILL NUMBER: S6843B

SPONSOR: KAVANAGH
 
TITLE OF BILL:

An act to amend the executive law, in relation to enacting the "all-e-
lectric building act"

 
PURPOSE:

To decrease greenhouse gas emissions and air pollution in new
construction projects.

 
SUMMARY OF PROVISIONS:

Section 1 sets forth the short title.

Section 2 amends executive law by adding a new § 382-c.

Paragraph 1 of the new § 382-c sets forth definitions.

Paragraph 2 of the new § 382-c prohibits cities, towns, or villages from

issuing a permit for the construction of any new commercial, residen-
tial, or mixed-use mixed fuel building that submitted their initial
application on or after December thirty-first, two thousand twenty-
three, except when such all-electric building is proven to be infeasible
and subject to a waiver.

Such waivers will only be available for standby emergency power
connections; buildings with seven or more floors until December 31,
2026; and buildings operating as commercial kitchens, laboratories,
laundromats, hospitals, and crematoriums. If a waiver is issued, gas
fixtures must be limited only to the areas where an all-electric design
is technically infeasible. The costs of any permitted connections shall
be paid by the applicant to avoid passing those costs onto additional
ratepayers.

Paragraph 3 of the new § 382-c prohibits the issuance building or
construction permits that would convert an all-electric building or
project into a mixed-fuel building where the initial application as
submitted after December .thirty-first, two thousand twenty-two.  Howev-
er, a conversion permit can be issued for someone looking to add standby
emergency power or to facilitate the use of the all-electric building by
a commercial kitchen, laboratory, laundromat, hospital, or crematorium.

Paragraph 4 of the new § 382-c 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 electric-
ity for customers in all-electric buildings.

Paragraph 5 of the new § 382-c directs the department of public service,
the department of state, and the energy research and development author-
ity to report jointly to the Governor and Legislature by December 1,
2028 regarding the continued necessity of waivers for commercial kitch-
ens, laboratories, laundromats, hospitals, and crematoriums. The report

shall make recommendations on whether to continue or eliminate such
waivers in conversions and new construction.

Paragraph 6 of the new § 382-c clarifies that municipalities are not
preempted from further enacting legislation to require all-electric
buildings or from otherwise prohibiting new gas service connections for
new buildings.

Section 3 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. Requiring all-e-
lectric 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
change.

 
LEGISLATIVE HISTORY:

None.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2021-S6843B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6843--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced   by  Sens.  KAVANAGH,  BIAGGI,  BRISPORT,  BROUK,  GIANARIS,
   HINCHEY, HOYLMAN, KRUEGER, MAY, MYRIE, RAMOS, RIVERA, SALAZAR --  read
   twice  and  ordered  printed,  and when printed to be committed to the
   Committee  on  Housing,  Construction  and  Community  Development  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- recommitted to the Committee on Hous-
   ing, Construction and Community Development in accordance with  Senate
   Rule  6,  sec.  8  --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the executive law, in relation to enacting  the  "all-e-
   lectric building act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "all-electric building act".
   §  2.  The  executive  law is amended by adding a new section 382-c to
 read as follows:
   § 382-C. ALL-ELECTRIC BUILDINGS. 1. AS USED IN THIS SECTION:
   A. "ALL-ELECTRIC BUILDING OR PROJECT" SHALL MEAN A BUILDING OR PROJECT
 THAT USES A PERMANENT SUPPLY OF ELECTRICITY AS THE SOLE SOURCE OF ENERGY
 TO MEET BUILDING ENERGY NEEDS. AN ALL-ELECTRIC BUILDING OR PROJECT SHALL
 HAVE NO NATURAL GAS, PROPANE, OR OIL HEATERS, BOILERS,  PIPING  SYSTEMS,
 FIXTURES OR INFRASTRUCTURE INSTALLED TO MEET BUILDING ENERGY NEEDS.
   B. "BUILDING ENERGY NEEDS" SHALL MEAN ALL SPACE CONDITIONING INCLUDING
 HEATING  AND  COOLING,  WATER  HEATING INCLUDING POOLS AND SPAS, COOKING
 APPLIANCES AND CLOTHES DRYING APPLIANCES.
   C.  "ALL-ELECTRIC  READY"  SHALL  MEAN A BUILDING, PROJECT, OR PORTION
 THEREOF THAT CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFI-
 CIENT CAPACITY FOR A FUTURE RETROFIT OF  A  MIXED-FUEL  BUILDING  TO  AN
 ALL-ELECTRIC  BUILDING, INCLUDING SUFFICIENT SPACE, DRAINAGE, ELECTRICAL
 CONDUCTORS OR RACEWAYS, BUS BAR  CAPACITY,  AND  OVERCURRENT  PROTECTIVE
 DEVICES  FOR  SUCH  RETROFIT.   THE DEPARTMENT OF STATE SHALL PROMULGATE
 GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR  BEFORE  JANUARY  FIRST,
 TWO THOUSAND TWENTY-THREE.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11571-04-2
 S. 6843--B                          2
 
   D.  "INITIAL  APPLICATION"  SHALL    MEAN   THE FIRST SITE OR BUILDING
 PERMIT APPLICATION ASSOCIATED WITH THE BUILDING OR PROJECT.
   E. "MIXED-FUEL BUILDING" SHALL MEAN A BUILDING THAT USES A COMBINATION
 OF  ELECTRICITY AND NATURAL GAS, PROPANE, OR OIL TO MEET BUILDING ENERGY
 NEEDS.  FOR THE PURPOSES OF THIS SECTION,  "MIXED-FUEL  BUILDING"  SHALL
 NOT  INCLUDE BUILDINGS THAT USE GEOTHERMAL OR SOLAR ENERGY TO MEET HEAT-
 ING AND/OR COOLING BUILDING ENERGY NEEDS BUT ARE OTHERWISE  ALL-ELECTRIC
 BUILDINGS.
   F.  "MIXED-USE  BUILDING" SHALL MEAN A BUILDING USED FOR BOTH RESIDEN-
 TIAL AND COMMERCIAL PURPOSES.
   2. A.  NO  CITY,  TOWN  OR  VILLAGE  SHALL  ISSUE  A  PERMIT  FOR  THE
 CONSTRUCTION  OF  ANY NEW COMMERCIAL, RESIDENTIAL, OR MIXED-USE BUILDING
 THAT IS NOT AN ALL-ELECTRIC BUILDING IF THE INITIAL APPLICATION FOR SUCH
 PERMIT WAS SUBMITTED AFTER DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-
 THREE,  UNLESS THE CIRCUMSTANCES SET FORTH IN PARAGRAPH B OF THIS SUBDI-
 VISION APPLY.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 A  CITY,  TOWN,  OR VILLAGE MAY ISSUE A PERMIT FOR CONSTRUCTION OF A NEW
 MIXED-FUEL BUILDING UPON A FINDING BY THE PERMITTING BODY OF SUCH  CITY,
 TOWN,  OR  VILLAGE THAT CONSTRUCTING AN ALL-ELECTRIC BUILDING OR PROJECT
 IS PHYSICALLY OR TECHNICALLY  INFEASIBLE  AND  THAT  A  MODIFICATION  IS
 WARRANTED.  FINANCIAL  CONSIDERATIONS SHALL NOT BE A SUFFICIENT BASIS TO
 DETERMINE PHYSICAL OR TECHNICAL INFEASIBILITY. MODIFICATIONS SHALL  ONLY
 BE ISSUED UNDER THIS EXCEPTION WHERE THE PERMITTING BODY FINDS THAT:
   (I)  SUFFICIENT EVIDENCE WAS SUBMITTED TO SUBSTANTIATE THE INFEASIBIL-
 ITY OF AN ALL-ELECTRIC BUILDING OR PROJECT DESIGN.  SUCH  EVIDENCE  MUST
 SHOW THAT EITHER:
   A.  THE  PROPOSED BUILDING HAS SEVEN OR MORE FLOORS AND CANNOT SATISFY
 NECESSARY BUILDING CODE REQUIREMENTS WITHOUT THE USAGE  OF  GAS  OR  OIL
 PIPING  SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE AND THE INITIAL APPLICA-
 TION FOR THE PERMITTING OF SUCH BUILDING WAS NOT SUBMITTED AFTER  DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX;
   B.  THE BUILDING IS SPECIFICALLY DESIGNATED FOR OCCUPANCY BY A COMMER-
 CIAL FOOD SERVICE ESTABLISHMENT, LABORATORY,  LAUNDROMAT,  HOSPITAL,  OR
 CREMATORIUM,  AND  SUCH  ESTABLISHMENT  CANNOT  FEASIBLY  OPERATE  USING
 COMMERCIALLY AVAILABLE ALL-ELECTRIC APPLIANCES; OR
   C. THE NATURAL GAS OR OIL PIPING  SYSTEMS  ARE  USED  SOLELY  FOR  THE
 GENERATION OF EMERGENCY STANDBY POWER;
   (II)  THE  INSTALLATION OF NATURAL GAS OR OIL PIPING SYSTEMS, FIXTURES
 AND/OR INFRASTRUCTURE IS STRICTLY LIMITED TO THE SYSTEM AND AREA OF  THE
 BUILDING  FOR  WHICH ALL-ELECTRIC BUILDING OR PROJECT DESIGN IS INFEASI-
 BLE;
   (III) THE AREA OR SERVICE WITHIN THE PROJECT WHERE GAS OR  OIL  PIPING
 SYSTEMS,  FIXTURES  AND/OR  INFRASTRUCTURE ARE INSTALLED IS ALL-ELECTRIC
 READY; AND
   (IV) THE PROJECT'S MODIFIED DESIGN PROVIDES EQUIVALENT HEALTH,  SAFETY
 AND FIRE-PROTECTION TO ALL-ELECTRIC BUILDING OR PROJECT DESIGN.
   C.  IF A MODIFICATION IS ISSUED UNDER PARAGRAPH B OF THIS SUBDIVISION,
 THE APPLICANT SHALL PAY OR AGREE IN WRITING TO PAY ANY COSTS RELATED  TO
 THE CONNECTION OF ANY GAS MAIN AND/OR TRANSMISSION SYSTEM TO ENSURE THAT
 SUCH  COSTS ARE NOT SUBSIDIZED BY OTHER SERVICE CLASS RATE PAYERS. THOSE
 COSTS INCLUDE BUT ARE NOT LIMITED TO THE MATERIAL  AND  INSTALLATION  OF
 THE PIPE, CONDUIT, DUCT, OR OTHER FACILITIES TO BE INSTALLED.
   3.  A.  NO  CITY, TOWN OR VILLAGE SHALL ISSUE BUILDING OR CONSTRUCTION
 PERMITS THAT WOULD CONVERT AN ALL-ELECTRIC BUILDING OR  PROJECT  INTO  A
 S. 6843--B                          3
 
 MIXED-FUEL  BUILDING  WHERE  THE INITIAL APPLICATION WAS SUBMITTED AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 A CITY,  TOWN,  OR VILLAGE MAY ISSUE A PERMIT TO CONVERT AN ALL-ELECTRIC
 BUILDING  OR  PROJECT  INTO  A MIXED-FUEL BUILDING FOR THE GENERATION OF
 EMERGENCY STANDBY POWER OR OCCUPANCY BY A  COMMERCIAL    FOOD    SERVICE
 ESTABLISHMENT,  LABORATORY,  LAUNDROMAT,  HOSPITAL,  OR CREMATORIUM, AND
 SUCH ESTABLISHMENT CANNOT FEASIBLY OPERATE USING COMMERCIALLY  AVAILABLE
 ALL-ELECTRIC APPLIANCES, PROVIDED:
   (I)  SUFFICIENT  EVIDENCE IS PRESENTED TO SUBSTANTIATE THE PHYSICAL OR
 TECHNICAL INFEASIBILITY OF AN ALL-ELECTRIC BUILDING OR  PROJECT  DESIGN,
 FINANCIAL    CONSIDERATIONS SHALL NOT BE A SUFFICIENT BASIS TO DETERMINE
 PHYSICAL OR TECHNICAL INFEASIBILITY;
   (II) THE INSTALLATION OF NATURAL GAS OR OIL PIPING  SYSTEMS,  FIXTURES
 AND/OR  INFRASTRUCTURE IS STRICTLY LIMITED TO THE SYSTEM AND AREA OF THE
 BUILDING FOR WHICH ALL-ELECTRIC BUILDING OR PROJECT DESIGN  IS  INFEASI-
 BLE;
   (III)  THE  AREA OR SERVICE WITHIN THE PROJECT WHERE GAS OR OIL PIPING
 SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE ARE  INSTALLED  IS  ALL-ELECTRIC
 READY; AND
   (IV)  THE PROJECT'S MODIFIED DESIGN PROVIDES EQUIVALENT HEALTH, SAFETY
 AND FIRE-PROTECTION TO ALL-ELECTRIC BUILDING OR PROJECT DESIGN.
   C.  IF  A  PERMIT IS ISSUED UNDER PARAGRAPH B OF THIS SUBDIVISION, THE
 APPLICANT SHALL PAY OR AGREE IN WRITING TO PAY ANY COSTS RELATED TO  THE
 CONNECTION  OF  ANY  GAS  MAIN AND/OR TRANSMISSION SYSTEM TO ENSURE THAT
 SUCH COSTS ARE NOT SUBSIDIZED BY OTHER SERVICE CLASS RATE PAYERS.  THOSE
 COSTS  INCLUDE  BUT  ARE NOT LIMITED TO THE MATERIAL AND INSTALLATION OF
 THE PIPE, CONDUIT, DUCT, OR OTHER FACILITIES TO BE INSTALLED.
   4. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWENTY-THREE, THE DEPART-
 MENT OF PUBLIC SERVICE, THE DIVISION OF HOUSING AND  COMMUNITY  RENEWAL,
 THE  DEPARTMENT  OF  STATE,  AND  THE NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY SHALL REPORT JOINTLY TO THE GOVERNOR,  THE  TEMPO-
 RARY  PRESIDENT  OF  THE  SENATE, THE MINORITY LEADER OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY,  AND  THE  MINORITY  LEADER  OF  THE  ASSEMBLY,
 REGARDING WHAT CHANGES TO ELECTRIC RATE DESIGNS, NEW OR EXISTING SUBSIDY
 PROGRAMS,  POLICIES,  OR  LAWS ARE NECESSARY TO ENSURE THIS SECTION DOES
 NOT DIMINISH THE PRODUCTION OF AFFORDABLE HOUSING OR  THE  AFFORDABILITY
 OF  ELECTRICITY FOR CUSTOMERS IN ALL-ELECTRIC BUILDINGS. FOR THE PURPOSE
 OF THIS SUBDIVISION, "AFFORDABILITY  OF  ELECTRICITY"  SHALL  MEAN  THAT
 ELECTRICITY DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOM-
 ER'S INCOME.
   5. ON OR BEFORE DECEMBER FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPART-
 MENT  OF PUBLIC SERVICE, THE DEPARTMENT OF STATE, AND THE NEW YORK STATE
 ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL REPORT  JOINTLY  TO  THE
 GOVERNOR,  THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF
 THE SENATE, THE SPEAKER OF THE  ASSEMBLY, AND THE MINORITY LEADER OF THE
 ASSEMBLY, REGARDING THE CONTINUED NEED OF WAIVERS ESTABLISHED UNDER THIS
 SECTION FOR COMMERCIAL FOOD ESTABLISHMENTS,  LABORATORIES,  LAUNDROMATS,
 HOSPITALS,  OR  CREMATORIUMS.  THE REPORT SHALL MAKE RECOMMENDATIONS FOR
 THE CONTINUANCE OR ELIMINATION OF SUCH WAIVERS FOR BOTH NEW CONSTRUCTION
 AND BUILDING CONVERSIONS.
   6. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED
 AS PREEMPTING A MUNICIPALITY FROM REQUIRING  ALL-ELECTRIC  BUILDINGS  OR
 OTHERWISE  PROHIBITING NEW GAS SERVICE CONNECTIONS FOR NEW BUILDINGS AND
 CONVERSIONS.
   § 3. This act shall take effect immediately.

co-Sponsors

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2021-S6843C (ACTIVE) - Details

See Assembly Version of this Bill:: A8431
Current Committee:: Senate Finance
Law Section:: Executive Law
Laws Affected:: Add §382-c, Exec L
Versions Introduced in 2023-2024 Legislative Session:: S562, A920

2021-S6843C (ACTIVE) - Summary

2021-S6843C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6843C

SPONSOR: KAVANAGH
 
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.

2021-S6843C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6843--C
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 19, 2021
                                ___________
 
 Introduced by Sens. KAVANAGH, BIAGGI, BRISPORT, BROUK, CLEARE, GIANARIS,
   HARCKHAM,  HINCHEY,  HOYLMAN,  JACKSON,  KRUEGER,  MAY,  MYRIE, RAMOS,
   RIVERA, SALAZAR, SEPULVEDA -- read twice and ordered printed, and when
   printed to be committed to the Committee on Housing, Construction  and
   Community  Development  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee --  recommitted
   to the Committee on Housing, Construction and Community Development in
   accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported  favorably  from said committee and committed to the
   Committee on Finance -- committee discharged,  bill  amended,  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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "all-electric building act".
   § 2. Section 11-102 of the energy law  is  amended  by  adding  a  new
 subdivision 16 to read as follows:
   16. "ALL-ELECTRIC READY." A BUILDING, PROJECT, OR PORTION THEREOF THAT
 CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY
 FOR A FUTURE RETROFIT OF A MIXED-FUEL BUILDING TO AN ALL-ELECTRIC BUILD-
 ING,  INCLUDING  SUFFICIENT  SPACE,  DRAINAGE,  ELECTRICAL CONDUCTORS OR
 RACEWAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR  SUCH
 RETROFIT.    THE  STATE  FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL
 PROMULGATE GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR BEFORE  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-THREE.
   §  3.  Section  11-104  of  the  energy law is amended by adding 3 new
 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.
                                                            LBD11571-08-2
 S. 6843--C                          2

 
   6. TO SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE  GAS  EMISSIONS  AND
 HELP  ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT
 NOT LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS  SET  FORTH  WITHIN
 CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN
 AS  THE  NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT,
 THE CODE SHALL PROHIBIT INFRASTRUCTURE, BUILDING SYSTEMS,  OR  EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS IN NEW CONSTRUCTION STATEWIDE NO
 LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE IF THE
 BUILDING IS LESS THAN SEVEN STORIES AND JULY FIRST, TWO  THOUSAND  TWEN-
 TY-SEVEN IF THE BUILDING IS SEVEN STORIES OR MORE.
   7.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION,
 THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL MAY  EXEMPT  SYSTEMS
 FOR  EMERGENCY  BACK-UP  POWER, OR BUILDINGS SPECIFICALLY DESIGNATED FOR
 OCCUPANCY BY A COMMERCIAL FOOD  ESTABLISHMENT,  LABORATORY,  LAUNDROMAT,
 HOSPITAL,  OR  CREMATORIUM, BUT IN DOING SO SHALL SEEK TO MINIMIZE EMIS-
 SIONS AND MAXIMIZE HEALTH, SAFETY, AND FIRE-PROTECTION. IN  SUCH  CASES,
 THE  CODE SHALL LIMIT THE INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS TO THE  SYSTEM  AND  AREA  OF  A
 BUILDING FOR WHICH A PROHIBITION ON INFRASTRUCTURE, BUILDING SYSTEMS, OR
 EQUIPMENT  USED FOR THE COMBUSTION OF FOSSIL FUELS IS INFEASIBLE. TO THE
 FULLEST EXTENT FEASIBLE, THE CODE SHALL REQUIRE THAT THE AREA OR SERVICE
 WITHIN THE PROJECT WHERE INFRASTRUCTURE, BUILDING SYSTEMS, OR  EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS ARE INSTALLED SHALL BE ALL-ELEC-
 TRIC  READY.  FINANCIAL  CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO
 DETERMINE PHYSICAL OR TECHNICAL  INFEASIBILITY.  EXEMPTIONS  OR  WAIVERS
 PROVIDED UNDER THIS SUBDIVISION SHALL BE REVIEWED DURING EACH MAJOR CODE
 UPDATE CYCLE TO DETERMINE WHETHER THEY ARE STILL NEEDED.
   8. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED
 AS  PREEMPTING  A MUNICIPALITY FROM PROHIBITING INFRASTRUCTURE, BUILDING
 SYSTEMS, OR EQUIPMENT THAT USES OR COMBUSTS FOSSIL FUELS.
   § 4. The energy law is amended by adding a new section 11-111 to  read
 as follows:
   §  11-111.  ADDITIONAL  REPORTING.    ON OR BEFORE FEBRUARY FIRST, TWO
 THOUSAND TWENTY-THREE, THE DEPARTMENT OF PUBLIC SERVICE, THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF STATE, AND THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL REPORT JOINTLY  TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
 OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
 THE ASSEMBLY, REGARDING WHAT CHANGES TO ELECTRIC RATE  DESIGNS,  NEW  OR
 EXISTING  SUBSIDY  PROGRAMS,  POLICIES,  OR LAWS ARE NECESSARY TO ENSURE
 THAT SUBDIVISIONS SIX AND SEVEN OF SECTION 11-104 OF THIS ARTICLE DO NOT
 DIMINISH THE PRODUCTION OF AFFORDABLE HOUSING OR  THE  AFFORDABILITY  OF
 ELECTRICITY  FOR CUSTOMERS IN ALL-ELECTRIC BUILDINGS. FOR THE PURPOSE OF
 THIS SUBDIVISION, "AFFORDABILITY OF ELECTRICITY" SHALL MEAN  THAT  ELEC-
 TRICITY  DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOMER'S
 INCOME.
   § 5. This act shall take effect immediately.

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Senate Bill S6843A

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Archive: Last Bill Status - In Senate Committee Finance Committee

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