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A00920 Summary:

BILL NOA00920A
 
SAME ASSAME AS S00562-A
 
SPONSORGallagher
 
COSPNSRFahy, Stirpe, Kelles, Burgos, Anderson, 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, Pretlow, Ramos, Reyes, Rivera, Rosenthal L, Sayegh, Seawright, Simon, Steck, Taylor, Walker, Shrestha, Ardila, Simone, Shimsky, Bores, Raga, Thiele, Lee, Levenberg, Tapia
 
MLTSPNSR
 
Amd §§11-102 & 11-104, add §11-111, Energy L
 
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.
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A00920 Actions:

BILL NOA00920A
 
01/11/2023referred to energy
01/17/2023amend and recommit to energy
01/17/2023print number 920a
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A00920 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A920A
 
SPONSOR: Gallagher
  TITLE OF BILL: An act to amend the energy law, in relation to enacting the "all-elec- tric building act"   PURPOSE: To decrease greenhouse gas emissions and air pollution arising from new construction projects.   SUMMARY OF PROVISIONS: Section 1 sets forth the short title. Section 2 amends the state energy conservation construction code by adding a new subdivision to section 11-102 of the energy law that defines "all-electric ready." Section 3 amends the state energy conservation construction code by adding three new subdivisions to section 11-104 of the energy law. Subdivision 7 requires that the code prohibit the installation of fossil-fuel combusting equipment in new construction statewide on or after December 31, 2023, if the building is fewer than seven stories, and July 1, 2027 if the building is seven stories or more. Subdivision 8 requires that the code permit certain exemptions, for specific types of commercial buildings, or for projects where an all-e- lectric construction is infeasible. Subdivision 9 clarifies that nothing in the section pre-empts local governments from banning equipment that combusts fossil fuels. Section 4 amends the energy law to add a new section, 11-111, which directs the department of public service, the division of housing and community renewal, the department of state, and the energy research and development authority to report jointly to the Governor and Legislature by February 1, 2024 regarding any electric rate design or policy changes need to be made to ensure this act does not diminish affordable housing production or affordability of electricity for customers in all-electric buildings. Section 5 sets forth the effective date.   JUSTIFICATION: Electrification has been proven to be a vital and cost-effective tool in reducing greenhouse gas emissions. According to the U.S. Energy Informa- tion Administration, buildings account for twenty-eight percent of the United States' energy use and greenhouse gas emissions. In addition, corporations seeking approval for infrastructure to transport and distribute natural gas in New York have emphasized that the rationale for creating such infrastructure is based in part on projected increased demand for natural gas from customers in new buildings. Requiring all electric buildings for new construction will eliminate this rationale and help achieve the greenhouse gas emission reduction goals established in the New York State Climate Leadership and Community Protection Act (CLCPA) and further New York's record as a leader in combating climate change.   LEGISLATIVE HISTORY: A8431 (2022) - died in committee.   FISCAL IMPLICATIONS: Minimal.   EFFECTIVE DATE: This act shall take effect immediately.
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A00920 Text:



 
                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.
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