The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  920--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2023
                                ___________
 
 Introduced  by  M. of A. GALLAGHER, FAHY, STIRPE, KELLES, BURGOS, ANDER-
   SON,  BICHOTTE HERMELYN,  BRONSON,  BURDICK,  BURKE,  CARROLL,  CLARK,
   COLTON,  CRUZ,  CUNNINGHAM,  DAVILA,  DE LOS SANTOS,  DICKENS,  DILAN,
   DINOWITZ, EPSTEIN,  FORREST,  GIBBS,  GLICK,  GONZALEZ-ROJAS,  HEVESI,
   JACKSON,  JACOBSON, KIM, MAMDANI, MEEKS, MITAYNES, OTIS, PAULIN, PRET-
   LOW, RAMOS, REYES, RIVERA,  L. ROSENTHAL,  SAYEGH,  SEAWRIGHT,  SIMON,
   STECK,  TAYLOR, WALKER, SHRESTHA, ARDILA, SIMONE, SHIMSKY -- read once
   and referred to the Committee on Energy -- committee discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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 17 to read as follows:
   17. "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-FOUR.
   § 3. Section 11-104 of the energy law is amended by adding  three  new
 subdivisions 7, 8 and 9 to read as follows:
   7.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00200-03-3

 A. 920--A                           2
 
 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.
   8.  NOTWITHSTANDING  THE  PROVISIONS  OF  SUBDIVISION  SEVEN  OF  THIS
 SECTION, THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL MAY  EXEMPT
 SYSTEMS  FOR  EMERGENCY  BACK-UP POWER, OR BUILDINGS SPECIFICALLY DESIG-
 NATED FOR OCCUPANCY BY  A  COMMERCIAL  FOOD  ESTABLISHMENT,  LABORATORY,
 LAUNDROMAT,  HOSPITAL,  OR  CREMATORIUM,  BUT  IN DOING SO SHALL SEEK TO
 MINIMIZE EMISSIONS 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  INFEA-
 SIBLE.  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-ELECTRIC READY.  FINANCIAL  CONSIDERATIONS  SHALL
 NOT  BE  SUFFICIENT BASIS TO DETERMINE PHYSICAL OR TECHNICAL INFEASIBIL-
 ITY. EXEMPTIONS OR WAIVERS PROVIDED  UNDER  THIS  SUBDIVISION  SHALL  BE
 REVIEWED  DURING  EACH MAJOR CODE UPDATE CYCLE TO DETERMINE WHETHER THEY
 ARE STILL NEEDED.
   9. 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-FOUR, 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 SEVEN AND EIGHT 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
 ELECTRICITY DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOM-
 ER'S INCOME.
   § 5. This act shall take effect immediately.