New York Senate Bill S00562 Latest Draft

   
  STATE OF NEW YORK ________________________________________________________________________ 562--A 2023-2024 Regular Sessions  IN SENATE January 5, 2023 ___________ Introduced by Sens. KAVANAGH, BRESLIN, BRISPORT, BROUK, CLEARE, GIANAR- IS, GOUNARDES, HARCKHAM, HINCHEY, HOYLMAN-SIGAL, 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 Communi- ty Development -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00200-02-3 
 S. 562--A 2 1 used for the combustion of fossil fuels in new construction statewide no 2 later than December thirty-first, two thousand twenty-three if the 3 building is less than seven stories and July first, two thousand twen- 4 ty-seven if the building is seven stories or more. 5 8. Notwithstanding the provisions of subdivision seven of this 6 section, the state fire prevention and building code council may exempt 7 systems for emergency back-up power, or buildings specifically desig- 8 nated for occupancy by a commercial food establishment, laboratory, 9 laundromat, hospital, or crematorium, but in doing so shall seek to 10 minimize emissions and maximize health, safety, and fire-protection. In 11 such cases, the code shall limit the infrastructure, building systems, 12 or equipment used for the combustion of fossil fuels to the system and 13 area of a building for which a prohibition on infrastructure, building 14 systems, or equipment used for the combustion of fossil fuels is infea- 15 sible. To the fullest extent feasible, the code shall require that the 16 area or service within the project where infrastructure, building 17 systems, or equipment used for the combustion of fossil fuels are 18 installed shall be all-electric ready. Financial considerations shall 19 not be sufficient basis to determine physical or technical infeasibil- 20 ity. Exemptions or waivers provided under this subdivision shall be 21 reviewed during each major code update cycle to determine whether they 22 are still needed. 23 9. Nothing in this section shall be interpreted or otherwise construed 24 as preempting a municipality from prohibiting infrastructure, building 25 systems, or equipment that uses or combusts fossil fuels. 26 § 4. The energy law is amended by adding a new section 11-111 to read 27 as follows: 28 § 11-111. Additional reporting. On or before February first, two 29 thousand twenty-four, the department of public service, the division of 30 housing and community renewal, the department of state, and the New York 31 state energy research and development authority shall report jointly to 32 the governor, the temporary president of the senate, the minority leader 33 of the senate, the speaker of the assembly, and the minority leader of 34 the assembly, regarding what changes to electric rate designs, new or 35 existing subsidy programs, policies, or laws are necessary to ensure 36 that subdivisions seven and eight of section 11-104 of this article do 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. This act shall take effect immediately.