New York Assembly Bill A00920 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 920--A 2023-2024 Regular Sessions  IN ASSEMBLY 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: 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00200-03-3 
 A. 920--A 2 1 chapter one hundred six of the laws of two thousand nineteen, also known 2 as the New York state climate leadership and community protection act, 3 the code shall prohibit infrastructure, building systems, or equipment 4 used for the combustion of fossil fuels in new construction statewide no 5 later than December thirty-first, two thousand twenty-three if the 6 building is less than seven stories and July first, two thousand twen- 7 ty-seven if the building is seven stories or more. 8 8. Notwithstanding the provisions of subdivision seven of this 9 section, the state fire prevention and building code council may exempt 10 systems for emergency back-up power, or buildings specifically desig- 11 nated for occupancy by a commercial food establishment, laboratory, 12 laundromat, hospital, or crematorium, but in doing so shall seek to 13 minimize emissions and maximize health, safety, and fire-protection. In 14 such cases, the code shall limit the infrastructure, building systems, 15 or equipment used for the combustion of fossil fuels to the system and 16 area of a building for which a prohibition on infrastructure, building 17 systems, or equipment used for the combustion of fossil fuels is infea- 18 sible. To the fullest extent feasible, the code shall require that the 19 area or service within the project where infrastructure, building 20 systems, or equipment used for the combustion of fossil fuels are 21 installed shall be all-electric ready. Financial considerations shall 22 not be sufficient basis to determine physical or technical infeasibil- 23 ity. Exemptions or waivers provided under this subdivision shall be 24 reviewed during each major code update cycle to determine whether they 25 are still needed. 26 9. Nothing in this section shall be interpreted or otherwise construed 27 as preempting a municipality from prohibiting infrastructure, building 28 systems, or equipment that uses or combusts fossil fuels. 29 § 4. The energy law is amended by adding a new section 11-111 to read 30 as follows: 31 § 11-111. Additional reporting. On or before February first, two 32 thousand twenty-four, the department of public service, the division of 33 housing and community renewal, the department of state, and the New York 34 state energy research and development authority shall report jointly to 35 the governor, the temporary president of the senate, the minority leader 36 of the senate, the speaker of the assembly, and the minority leader of 37 the assembly, regarding what changes to electric rate designs, new or 38 existing subsidy programs, policies, or laws are necessary to ensure 39 that subdivisions seven and eight of section 11-104 of this article do 40 not diminish the production of affordable housing or the affordability 41 of electricity for customers in all-electric buildings. For the purpose 42 of this subdivision, "affordability of electricity" shall mean that 43 electricity does not cost more than six percent of a residential custom- 44 er's income. 45 § 5. This act shall take effect immediately.