S T A T E O F N E W Y O R K
________________________________________________________________________
3495
2023-2024 Regular Sessions
I N A S S E M B L Y
February 3, 2023
___________
Introduced by M. of A. DeSTEFANO, ANGELINO, BYRNES, DURSO, J. A. GIGLIO,
MANKTELOW, McDONOUGH, SIMPSON, K. 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:
Section 1. The general municipal law is amended by adding a new
section 99-z to read as follows:
§ 99-Z. PROHIBITION ON MIXED-FUEL BUILDINGS. 1. NO MUNICIPAL CORPO-
RATION SHALL PROHIBIT 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.
2. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
ING MEANINGS:
A. "MIXED-USE BUILDING" SHALL MEAN A BUILDING USED FOR BOTH RESIDEN-
TIAL AND COMMERCIAL PURPOSES.
B. "MIXED-FUEL BUILDING" SHALL MEAN A BUILDING THAT USES A COMBINATION
OF ELECTRICITY AND NATURAL GAS, PROPANE, OR OIL TO MEET BUILDING ENERGY
NEEDS.
C. "BUILDING ENERGY NEEDS" SHALL MEAN ALL SPACE CONDITIONING INCLUDING
HEATING AND COOLING, WATER HEATING INCLUDING POOLS AND SPAS, COOKING
APPLIANCES AND CLOTHES DRYING APPLIANCES.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06067-01-3