Bill Text: NY S06843 | 2021-2022 | General Assembly | Amended
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 24-0)
Status: (Introduced - Dead) 2022-05-03 - PRINT NUMBER 6843C [S06843 Detail]
Download: New_York-2021-S06843-Amended.html
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 24-0)
Status: (Introduced - Dead) 2022-05-03 - PRINT NUMBER 6843C [S06843 Detail]
Download: New_York-2021-S06843-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 6843--B 2021-2022 Regular Sessions IN SENATE May 19, 2021 ___________ Introduced by Sens. KAVANAGH, BIAGGI, BRISPORT, BROUK, GIANARIS, HINCHEY, HOYLMAN, KRUEGER, MAY, MYRIE, RAMOS, RIVERA, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Housing, Construction and Community Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Hous- ing, Construction and Community Development in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11571-04-2S. 6843--B 2 1 d. "Initial application" shall mean the first site or building 2 permit application associated with the building or project. 3 e. "Mixed-fuel building" shall mean a building that uses a combination 4 of electricity and natural gas, propane, or oil to meet building energy 5 needs. For the purposes of this section, "mixed-fuel building" shall 6 not include buildings that use geothermal or solar energy to meet heat- 7 ing and/or cooling building energy needs but are otherwise all-electric 8 buildings. 9 f. "Mixed-use building" shall mean a building used for both residen- 10 tial and commercial purposes. 11 2. a. No city, town or village shall issue a permit for the 12 construction of any new commercial, residential, or mixed-use building 13 that is not an all-electric building if the initial application for such 14 permit was submitted after December thirty-first, two thousand twenty- 15 three, unless the circumstances set forth in paragraph b of this subdi- 16 vision apply. 17 b. Notwithstanding the provisions of paragraph a of this subdivision, 18 a city, town, or village may issue a permit for construction of a new 19 mixed-fuel building upon a finding by the permitting body of such city, 20 town, or village that constructing an all-electric building or project 21 is physically or technically infeasible and that a modification is 22 warranted. Financial considerations shall not be a sufficient basis to 23 determine physical or technical infeasibility. Modifications shall only 24 be issued under this exception where the permitting body finds that: 25 (i) sufficient evidence was submitted to substantiate the infeasibil- 26 ity of an all-electric building or project design. Such evidence must 27 show that either: 28 A. the proposed building has seven or more floors and cannot satisfy 29 necessary building code requirements without the usage of gas or oil 30 piping systems, fixtures and/or infrastructure and the initial applica- 31 tion for the permitting of such building was not submitted after Decem- 32 ber thirty-first, two thousand twenty-six; 33 B. the building is specifically designated for occupancy by a commer- 34 cial food service establishment, laboratory, laundromat, hospital, or 35 crematorium, and such establishment cannot feasibly operate using 36 commercially available all-electric appliances; or 37 C. the natural gas or oil piping systems are used solely for the 38 generation of emergency standby power; 39 (ii) the installation of natural gas or oil piping systems, fixtures 40 and/or infrastructure is strictly limited to the system and area of the 41 building for which all-electric building or project design is infeasi- 42 ble; 43 (iii) the area or service within the project where gas or oil piping 44 systems, fixtures and/or infrastructure are installed is all-electric 45 ready; and 46 (iv) the project's modified design provides equivalent health, safety 47 and fire-protection to all-electric building or project design. 48 c. If a modification is issued under paragraph b of this subdivision, 49 the applicant shall pay or agree in writing to pay any costs related to 50 the connection of any gas main and/or transmission system to ensure that 51 such costs are not subsidized by other service class rate payers. Those 52 costs include but are not limited to the material and installation of 53 the pipe, conduit, duct, or other facilities to be installed. 54 3. a. No city, town or village shall issue building or construction 55 permits that would convert an all-electric building or project into aS. 6843--B 3 1 mixed-fuel building where the initial application was submitted after 2 December thirty-first, two thousand twenty-two. 3 b. Notwithstanding the provisions of paragraph a of this subdivision, 4 a city, town, or village may issue a permit to convert an all-electric 5 building or project into a mixed-fuel building for the generation of 6 emergency standby power or occupancy by a commercial food service 7 establishment, laboratory, laundromat, hospital, or crematorium, and 8 such establishment cannot feasibly operate using commercially available 9 all-electric appliances, provided: 10 (i) sufficient evidence is presented to substantiate the physical or 11 technical infeasibility of an all-electric building or project design, 12 financial considerations shall not be a sufficient basis to determine 13 physical or technical infeasibility; 14 (ii) the installation of natural gas or oil piping systems, fixtures 15 and/or infrastructure is strictly limited to the system and area of the 16 building for which all-electric building or project design is infeasi- 17 ble; 18 (iii) the area or service within the project where gas or oil piping 19 systems, fixtures and/or infrastructure are installed is all-electric 20 ready; and 21 (iv) the project's modified design provides equivalent health, safety 22 and fire-protection to all-electric building or project design. 23 c. If a permit is issued under paragraph b of this subdivision, the 24 applicant shall pay or agree in writing to pay any costs related to the 25 connection of any gas main and/or transmission system to ensure that 26 such costs are not subsidized by other service class rate payers. Those 27 costs include but are not limited to the material and installation of 28 the pipe, conduit, duct, or other facilities to be installed. 29 4. On or before February first, two thousand twenty-three, the depart- 30 ment of public service, the division of housing and community renewal, 31 the department of state, and the New York state energy research and 32 development authority shall report jointly to the governor, the tempo- 33 rary president of the senate, the minority leader of the senate, the 34 speaker of the assembly, and the minority leader of the assembly, 35 regarding what changes to electric rate designs, new or existing subsidy 36 programs, policies, or laws are necessary to ensure this section does 37 not diminish the production of affordable housing or the affordability 38 of electricity for customers in all-electric buildings. For the purpose 39 of this subdivision, "affordability of electricity" shall mean that 40 electricity does not cost more than six percent of a residential custom- 41 er's income. 42 5. On or before December first, two thousand twenty-eight, the depart- 43 ment of public service, the department of state, and the New York state 44 energy research and development authority shall report jointly to the 45 governor, the temporary president of the senate, the minority leader of 46 the senate, the speaker of the assembly, and the minority leader of the 47 assembly, regarding the continued need of waivers established under this 48 section for commercial food establishments, laboratories, laundromats, 49 hospitals, or crematoriums. The report shall make recommendations for 50 the continuance or elimination of such waivers for both new construction 51 and building conversions. 52 6. Nothing in this section shall be interpreted or otherwise construed 53 as preempting a municipality from requiring all-electric buildings or 54 otherwise prohibiting new gas service connections for new buildings and 55 conversions. 56 § 3. This act shall take effect immediately.
