Bill Text: NY A08431 | 2021-2022 | General Assembly | Introduced

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

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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 55-0)

Status: (Introduced - Dead) 2022-07-18 - reference changed to energy [A08431 Detail]

Download: New_York-2021-A08431-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          8431

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    November 17, 2021
                                       ___________

        Introduced  by  M.  of  A.  GALLAGHER  --  read once and referred to the
          Committee on Governmental Operations

        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:

     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the "all-electric building act".
     3    §  2.  The  executive  law is amended by adding a new section 382-c to
     4  read as follows:
     5    § 382-c. All-electric buildings. 1. As used in this section:
     6    a. "All-electric building or project" shall mean a building or project
     7  that uses a permanent supply of electricity as the sole source of energy
     8  to meet building energy needs. An all-electric building or project shall
     9  have no natural gas, propane, or oil heaters, boilers,  piping  systems,
    10  fixtures or infrastructure installed to meet building energy needs.
    11    b. "Building energy needs" shall mean all space conditioning including
    12  heating  and  cooling,  water  heating including pools and spas, cooking
    13  appliances and clothes drying appliances.
    14    c.  "All-electric  ready"  shall  mean a building, project, or portion
    15  thereof that contains electrical systems and designs that provide suffi-
    16  cient capacity for a future retrofit of  a  mixed-fuel  building  to  an
    17  all-electric  building, including sufficient space, drainage, electrical
    18  conductors or raceways, bus bar  capacity,  and  overcurrent  protective
    19  devices  for  such  retrofit.   The department of state shall promulgate
    20  guidelines for an electric-ready building on or  before  January  first,
    21  two thousand twenty-three.
    22    d. "Mixed-fuel building" shall mean a building that uses a combination
    23  of  electricity and natural gas, propane, or oil to meet building energy
    24  needs.  For the purposes of this section,  "mixed-fuel  building"  shall
    25  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.
                                                                   LBD11571-03-1
        A. 8431                             2

     1  ing and/or cooling building energy needs but are otherwise  all-electric
     2  buildings.
     3    e.  "Mixed-use  building" shall mean a building used for both residen-
     4  tial and commercial purposes.
     5    2. a.  No  city,  town  or  village  shall  issue  a  permit  for  the
     6  construction  of  any new commercial, residential, or mixed-use building
     7  that is not an all-electric building if the initial application for such
     8  permit was submitted after December thirty-first, two  thousand  twenty-
     9  three,  unless the circumstances set forth in paragraph b of this subdi-
    10  vision apply. For purposes of this subdivision, the initial  application
    11  shall  be  the first site or building permit application associated with
    12  the building or project.
    13    b. Notwithstanding the provisions of paragraph a of this  subdivision,
    14  a  city,  town,  or village may issue a permit for construction of a new
    15  mixed-fuel building upon a finding by the permitting body of such  city,
    16  town,  or  village that constructing an all-electric building or project
    17  is physically or technically  infeasible  and  that  a  modification  is
    18  warranted.  Financial  considerations shall not be a sufficient basis to
    19  determine physical or technical infeasibility. Modifications shall  only
    20  be issued under this exception where the permitting body finds that:
    21    (i)  sufficient evidence was submitted to substantiate the infeasibil-
    22  ity of an all-electric building or project design.  Such  evidence  must
    23  show that the building either:
    24    A.  cannot  satisfy  necessary  building code requirements without the
    25  usage of gas or oil piping systems, fixtures and/or infrastructure; or
    26    B. if the building is  specifically  designated  for  occupancy  by  a
    27  commercial  food  service  establishment, that such establishment cannot
    28  feasibly operate using commercially available all-electric appliances;
    29    (ii) the installation of natural gas or oil piping  systems,  fixtures
    30  and/or  infrastructure is strictly limited to the system and area of the
    31  building for which all-electric building or project design  is  infeasi-
    32  ble;
    33    (iii)  the  area or service within the project where gas or oil piping
    34  systems, fixtures and/or infrastructure are  installed  is  all-electric
    35  ready; and
    36    (iv)  the project's modified design provides equivalent health, safety
    37  and fire-protection to all-electric building or project design.
    38    3. No local permitting  body  shall  issue  building  or  construction
    39  permits  that  would  convert an all-electric building or project into a
    40  mixed-fuel building where the initial application  was  submitted  after
    41  December thirty-first, two thousand twenty-two.
    42    4. On or before February first, two thousand twenty-three, the depart-
    43  ment  of  public service, the division of housing and community renewal,
    44  the department of state, and the energy research and development author-
    45  ity shall report jointly to the governor, the temporary president of the
    46  senate, the minority leader of the senate, the speaker of the  assembly,
    47  and the minority leader of the assembly, regarding what changes to elec-
    48  tric  rate  designs, new or existing subsidy programs, policies, or laws
    49  are necessary to ensure this section does not diminish the production of
    50  affordable housing or the affordability of electricity for customers  in
    51  all-electric  buildings.  For the purpose of this subdivision, "afforda-
    52  bility of electricity" shall mean that electricity does  not  cost  more
    53  than six percent of a residential customer's income.
    54    § 3. This act shall take effect immediately.