S T A T E O F N E W Y O R K
________________________________________________________________________
9221
2025-2026 Regular Sessions
I N A S S E M B L Y
November 3, 2025
___________
Introduced by M. of A. BOLOGNA -- read once and referred to the Commit-
tee on Energy
AN ACT to amend the energy law and the executive law, in relation to
repealing provisions of law relating to prohibiting the installation
of fossil-fuel equipment and building systems in new construction; and
to repeal certain provisions of the executive law, the public authori-
ties law and the public buildings law relating to establishing decar-
bonization action plans for state-owned facilities
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivisions 6, 7 and 8 of section 11-104 of the energy
law, subdivision 6 as amended and subdivisions 7 and 8 as added by
section 1 of part RR of chapter 56 of the laws of 2023, are amended to
read as follows:
6. [(a)] To the fullest extent feasible, the standards for
construction of buildings in the code shall be designed to help achieve
the state's clean energy and climate agenda, including but not limited
to greenhouse gas reduction, 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, and as further identi-
fied by the New York state climate action council established pursuant
to section 75-0103 of the environmental conservation law.
[(b) In addition to the foregoing, 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 the installation
of fossil-fuel equipment and building systems, in any new building not
more than seven stories in height, except for a new commercial or indus-
trial building greater than one hundred thousand square feet in condi-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13991-01-5
A. 9221 2
tioned floor area, on or after December thirty-first, two thousand twen-
ty-five, and the code shall prohibit the installation of fossil-fuel
equipment and building systems, in all new buildings after December
thirty-first, two thousand twenty-eight.
7. (a) The provisions set forth in paragraph (b) of subdivision six of
this section shall not be construed as applying to buildings existing
prior to the effective date of the applicable prohibition, including to:
(i) the repair, alteration, addition, relocation, or change of occu-
pancy or use of such buildings; and
(ii) the installation or continued use and maintenance of fossil-fuel
equipment and building systems, including as related to cooking equip-
ment, in any such buildings.
(b) In addition, in effectuating the provisions set forth in paragraph
(b) of subdivision six of this section the code shall include exemptions
for the purposes of allowing the installation and use of fossil-fuel
equipment and building systems where such are installed and used:
(i) for generation of emergency back-up power and standby power
systems;
(ii) in a manufactured home as defined in subdivision seven of section
six hundred one of the executive law; or
(iii) in a building or part of a building that is used as a manufac-
turing facility, commercial food establishment, laboratory, car wash,
laundromat, hospital, other medical facility, critical infrastructure,
including but not limited to emergency management facilities, wastewater
treatment facilities, and water treatment and pumping facilities, agri-
cultural building, fuel cell system, or crematorium, as such terms are
defined by the code council.
(c) Where the code includes an allowed exemption pursuant to subpara-
graph (i) or (iii) of paragraph (b) of this subdivision, other than
agricultural buildings as defined by the council, such exemption shall
include provisions that, to the fullest extent feasible, limit the use
of fossil-fuel equipment and building systems to the system and area of
the building for which a prohibition on fossil-fuel equipment and build-
ing systems is infeasible; require the area or service within a new
building where fossil-fuel equipment and building systems are installed
be electrification ready, except with respect to servicing manufacturing
or industrial processes; and minimize emissions from the fossil-fuel
equipment and building systems that are allowed to be used, provided
that the provisions set forth in this paragraph do not adversely affect
health, safety, security, or fire protection. Financial considerations
shall not be sufficient basis to determine physical or technical infea-
sibility.
(d) Exemptions included in the code pursuant to this subdivision shall
be periodically reviewed by the state fire prevention and building code
council to assure that they continue to effectuate the purposes of
subdivision six of this section to the fullest extent feasible.
(e) The code shall allow for exemption of a new building construction
project that requires an application for new or expanded electric
service, pursuant to subdivision one of section thirty-one of the public
service law and/or section twelve of the transportation corporations
law, when electric service cannot be reasonably provided by the grid as
operated by the local electric corporation or municipality pursuant to
subdivision one of section sixty-five of the public service law;
provided, however, that the public service commission shall determine
reasonableness for purposes of this exemption. For the purposes of this
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paragraph, "grid" shall have the same meaning as electric plant, as
defined in subdivision twelve of section two of the public service law.
8. For the purposes of this section:
(a) "Fossil-fuel equipment and building systems" shall mean (i) equip-
ment, as such term is defined in section 11-102 of this article, that
uses fossil-fuel for combustion; or (ii) systems, other than items
supporting an industrial or commercial process as referred to in the
definition of equipment in section 11-102 of the energy law, associated
with a building that will be used for or to support the supply, distrib-
ution, or delivery of fossil-fuel for any purpose, other than for use by
motor vehicles.
(b) "Electrification ready" means the new building or portion thereof
where fossil-fuel equipment and building systems are allowed to be used
which contains electrical systems and designs that provide sufficient
capacity for a future replacement of such fossil-fuel equipment and
building systems with electric-powered equipment, including but not
limited to sufficient space, drainage, electrical conductors or race-
ways, bus bar capacity, and overcurrent protective devices for such
electric-powered equipment.]
§ 2. Section 371 of the executive law, as amended by section 2 of part
RR of chapter 56 of the laws of 2023, is amended to read as follows:
§ 371. Statement of legislative findings and purposes. 1. The legisla-
ture hereby finds and declares that:
a. The present level of loss of life, injury to persons, and damage to
property as a result of fire demonstrates that the people of the state
have yet to receive the basic level of protection to which they are
entitled in connection with the construction and maintenance of build-
ings;
b. There does not exist for all areas of the state a single, adequate,
enforceable code establishing minimum standards for fire protection and
construction, maintenance and use of materials in buildings. Instead,
there exists a multiplicity of codes and requirements for various types
of buildings administered at various levels of state and local govern-
ment. There are, in addition, extensive areas of the state in which no
code at all is in effect for the general benefit of the people of the
state;
c. The present system of enforcement of fire protection and building
construction codes is characterized by a lack of adequately trained
personnel, as well as inconsistent qualifications for personnel who
administer and enforce those codes;
d. Whether because of the absence of applicable codes, inadequate code
provisions or inadequate enforcement of codes, the threat to the public
health and safety posed by fire remains a real and present danger for
the people of the state; and
e. The multiplicity of fire protection and building construction code
requirements poses an additional problem for the people of the state
since it increases the cost of doing business in the state by perpetuat-
ing multiple requirements, jurisdictional overlaps and business uncer-
tainties, and, in some instances, by artificially inducing high
construction costs.
2. The legislature declares that it shall be the public policy of the
state of New York to:
a. Immediately provide for a minimum level of protection from the
hazards of fire in every part of the state;
b. Provide for the promulgation of a uniform code addressing building
construction and fire prevention in order to provide a basic minimum
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level of protection to all people of the state from hazards of fire and
inadequate building construction. In providing for such a uniform code,
it is declared to be the policy of the state of New York to:
(1) reconcile the myriad existing and potentially conflicting regu-
lations which apply to different types of buildings and occupancies;
(2) recognize that fire prevention and fire prevention codes are
closely related to the adequacy of building construction codes, that the
greatest portion of a building code's requirements are fire safety
oriented, and that fire prevention and building construction concerns
should be the subject of a single code;
(3) [recognize that the decarbonization of new and existing buildings
is closely related to the state's clean energy and climate agenda as
described in the New York climate leadership and community protection
act set forth in chapter one hundred six of the laws of two thousand
nineteen, and that the uniform code shall enable the state's clean ener-
gy objectives;
(4)] place public and private buildings on an equal plane with respect
to fire prevention and adequacy of building construction;
[(5)] (4) require new and existing buildings alike to keep pace with
advances in technology concerning fire prevention and building
construction, including, where appropriate, that provisions apply on a
retroactive basis; and
[(6)] (5) provide protection to both residential and non-residential
buildings;
c. Insure that the uniform code be in full force and effect in every
area of the state;
d. Encourage local governments to exercise their full powers to admin-
ister and enforce the uniform code; and
e. Provide for a uniform, statewide approach to the training and qual-
ification of personnel engaged in the administration and enforcement of
the uniform code.
§ 3. Subdivision 19 of section 378 of the executive law is REPEALED.
§ 4. Subdivision 30 of section 1005 of the public authorities law is
REPEALED.
§ 5. Article 4-D of the public buildings law is REPEALED.
§ 6. This act shall take effect immediately.