Bill Text: NY S00562 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: 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.

Spectrum: Partisan Bill (Democrat 27-0)

Status: (Introduced) 2024-01-03 - REFERRED TO HOUSING, CONSTRUCTION AND COMMUNITY DEVELOPMENT [S00562 Detail]

Download: New_York-2023-S00562-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                           562

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 5, 2023
                                       ___________

        Introduced  by Sens. KAVANAGH, BRESLIN, BRISPORT, BROUK, CLEARE, GIANAR-
          IS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN, JACKSON, KRUEGER, LIU, MAY,
          MAYER, MYRIE, PARKER,  RAMOS,  RIVERA,  SALAZAR,  SANDERS,  SEPULVEDA,
          SERRANO  --  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 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 17 to read as follows:
     5    17. "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-four.
    13    §  3.  Section 11-104 of the energy law is amended by adding three new
    14  subdivisions 7, 8 and 9 to read as follows:
    15    7. To support the goal of zero on-site greenhouse  gas  emissions  and
    16  help  achieve the state's clean energy and climate agenda, including but
    17  not limited to greenhouse gas reduction requirements  set  forth  within
    18  chapter one hundred six of the laws of two thousand nineteen, also known
    19  as  the  New York state climate leadership and community protection act,
    20  the code shall prohibit infrastructure, building systems,  or  equipment
    21  used for the combustion of fossil fuels in new construction statewide no

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00200-01-3
        S. 562                              2

     1  later than December thirty-first, two thousand twenty-four if the build-
     2  ing is less than seven stories and July first, two thousand twenty-eight
     3  if the building is seven stories or more.
     4    8.  Notwithstanding  the  provisions  of  subdivision  seven  of  this
     5  section, the state fire prevention and building code council may  exempt
     6  systems  for  emergency  back-up power, or buildings specifically desig-
     7  nated for occupancy by  a  commercial  food  establishment,  laboratory,
     8  laundromat,  hospital,  or  crematorium,  but  in doing so shall seek to
     9  minimize emissions and maximize health, safety, and fire-protection.  In
    10  such  cases,  the code shall limit the infrastructure, building systems,
    11  or equipment used for the combustion of fossil fuels to the  system  and
    12  area  of  a building for which a prohibition on infrastructure, building
    13  systems, or equipment used for the combustion of fossil fuels is  infea-
    14  sible.  To  the fullest extent feasible, the code shall require that the
    15  area or  service  within  the  project  where  infrastructure,  building
    16  systems,  or  equipment  used  for  the  combustion  of fossil fuels are
    17  installed shall be all-electric ready.  Financial  considerations  shall
    18  not  be  sufficient basis to determine physical or technical infeasibil-
    19  ity. Exemptions or waivers provided  under  this  subdivision  shall  be
    20  reviewed  during  each major code update cycle to determine whether they
    21  are still needed.
    22    9. Nothing in this section shall be interpreted or otherwise construed
    23  as preempting a municipality from prohibiting  infrastructure,  building
    24  systems, or equipment that uses or combusts fossil fuels.
    25    §  4. The energy law is amended by adding a new section 11-111 to read
    26  as follows:
    27    § 11-111. Additional reporting.   On or  before  February  first,  two
    28  thousand  twenty-four, the department of public service, the division of
    29  housing and community renewal, the department of state, and the New York
    30  state energy research and development authority shall report jointly  to
    31  the governor, the temporary president of the senate, the minority leader
    32  of  the  senate, the speaker of the assembly, and the minority leader of
    33  the assembly, regarding what changes to electric rate  designs,  new  or
    34  existing  subsidy  programs,  policies,  or laws are necessary to ensure
    35  that subdivisions seven and eight of section 11-104 of this  article  do
    36  not  diminish  the production of affordable housing or the affordability
    37  of electricity for customers in all-electric buildings. For the  purpose
    38  of  this  subdivision,  "affordability  of  electricity" shall mean that
    39  electricity does not cost more than six percent of a residential custom-
    40  er's income.
    41    § 5. This act shall take effect immediately.