S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8431
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             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:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "all-electric building act".
   §  2.  The  executive  law is amended by adding a new section 382-c to
 read as follows:
   § 382-C. ALL-ELECTRIC BUILDINGS. 1. AS USED IN THIS SECTION:
   A. "ALL-ELECTRIC BUILDING OR PROJECT" SHALL MEAN A BUILDING OR PROJECT
 THAT USES A PERMANENT SUPPLY OF ELECTRICITY AS THE SOLE SOURCE OF ENERGY
 TO MEET BUILDING ENERGY NEEDS. AN ALL-ELECTRIC BUILDING OR PROJECT SHALL
 HAVE NO NATURAL GAS, PROPANE, OR OIL HEATERS, BOILERS,  PIPING  SYSTEMS,
 FIXTURES OR INFRASTRUCTURE INSTALLED TO MEET BUILDING ENERGY NEEDS.
   B. "BUILDING ENERGY NEEDS" SHALL MEAN ALL SPACE CONDITIONING INCLUDING
 HEATING  AND  COOLING,  WATER  HEATING INCLUDING POOLS AND SPAS, COOKING
 APPLIANCES AND CLOTHES DRYING APPLIANCES.
   C.  "ALL-ELECTRIC  READY"  SHALL  MEAN A BUILDING, PROJECT, OR PORTION
 THEREOF THAT CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFI-
 CIENT CAPACITY FOR A FUTURE RETROFIT OF  A  MIXED-FUEL  BUILDING  TO  AN
 ALL-ELECTRIC  BUILDING, INCLUDING SUFFICIENT SPACE, DRAINAGE, ELECTRICAL
 CONDUCTORS OR RACEWAYS, BUS BAR  CAPACITY,  AND  OVERCURRENT  PROTECTIVE
 DEVICES  FOR  SUCH  RETROFIT.   THE DEPARTMENT OF STATE SHALL PROMULGATE
 GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR  BEFORE  JANUARY  FIRST,
 TWO THOUSAND TWENTY-THREE.
   D. "MIXED-FUEL BUILDING" SHALL MEAN A BUILDING THAT USES A COMBINATION
 OF  ELECTRICITY AND NATURAL GAS, PROPANE, OR OIL TO MEET BUILDING ENERGY
 NEEDS.  FOR THE PURPOSES OF THIS SECTION,  "MIXED-FUEL  BUILDING"  SHALL
 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
 
 ING AND/OR COOLING BUILDING ENERGY NEEDS BUT ARE OTHERWISE  ALL-ELECTRIC
 BUILDINGS.
   E.  "MIXED-USE  BUILDING" SHALL MEAN A BUILDING USED FOR BOTH RESIDEN-
 TIAL AND COMMERCIAL PURPOSES.
   2. A.  NO  CITY,  TOWN  OR  VILLAGE  SHALL  ISSUE  A  PERMIT  FOR  THE
 CONSTRUCTION  OF  ANY NEW COMMERCIAL, RESIDENTIAL, OR MIXED-USE BUILDING
 THAT IS NOT AN ALL-ELECTRIC BUILDING IF THE INITIAL APPLICATION FOR SUCH
 PERMIT WAS SUBMITTED AFTER DECEMBER THIRTY-FIRST, TWO  THOUSAND  TWENTY-
 THREE,  UNLESS THE CIRCUMSTANCES SET FORTH IN PARAGRAPH B OF THIS SUBDI-
 VISION APPLY. FOR PURPOSES OF THIS SUBDIVISION, THE INITIAL  APPLICATION
 SHALL  BE  THE FIRST SITE OR BUILDING PERMIT APPLICATION ASSOCIATED WITH
 THE BUILDING OR PROJECT.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 A  CITY,  TOWN,  OR VILLAGE MAY ISSUE A PERMIT FOR CONSTRUCTION OF A NEW
 MIXED-FUEL BUILDING UPON A FINDING BY THE PERMITTING BODY OF SUCH  CITY,
 TOWN,  OR  VILLAGE THAT CONSTRUCTING AN ALL-ELECTRIC BUILDING OR PROJECT
 IS PHYSICALLY OR TECHNICALLY  INFEASIBLE  AND  THAT  A  MODIFICATION  IS
 WARRANTED.  FINANCIAL  CONSIDERATIONS SHALL NOT BE A SUFFICIENT BASIS TO
 DETERMINE PHYSICAL OR TECHNICAL INFEASIBILITY. MODIFICATIONS SHALL  ONLY
 BE ISSUED UNDER THIS EXCEPTION WHERE THE PERMITTING BODY FINDS THAT:
   (I)  SUFFICIENT EVIDENCE WAS SUBMITTED TO SUBSTANTIATE THE INFEASIBIL-
 ITY OF AN ALL-ELECTRIC BUILDING OR PROJECT DESIGN.  SUCH  EVIDENCE  MUST
 SHOW THAT THE BUILDING EITHER:
   A.  CANNOT  SATISFY  NECESSARY  BUILDING CODE REQUIREMENTS WITHOUT THE
 USAGE OF GAS OR OIL PIPING SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE; OR
   B. IF THE BUILDING IS  SPECIFICALLY  DESIGNATED  FOR  OCCUPANCY  BY  A
 COMMERCIAL  FOOD  SERVICE  ESTABLISHMENT, THAT SUCH ESTABLISHMENT CANNOT
 FEASIBLY OPERATE USING COMMERCIALLY AVAILABLE ALL-ELECTRIC APPLIANCES;
   (II) THE INSTALLATION OF NATURAL GAS OR OIL PIPING  SYSTEMS,  FIXTURES
 AND/OR  INFRASTRUCTURE IS STRICTLY LIMITED TO THE SYSTEM AND AREA OF THE
 BUILDING FOR WHICH ALL-ELECTRIC BUILDING OR PROJECT DESIGN  IS  INFEASI-
 BLE;
   (III)  THE  AREA OR SERVICE WITHIN THE PROJECT WHERE GAS OR OIL PIPING
 SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE ARE  INSTALLED  IS  ALL-ELECTRIC
 READY; AND
   (IV)  THE PROJECT'S MODIFIED DESIGN PROVIDES EQUIVALENT HEALTH, SAFETY
 AND FIRE-PROTECTION TO ALL-ELECTRIC BUILDING OR PROJECT DESIGN.
   3. NO LOCAL PERMITTING  BODY  SHALL  ISSUE  BUILDING  OR  CONSTRUCTION
 PERMITS  THAT  WOULD  CONVERT AN ALL-ELECTRIC BUILDING OR PROJECT INTO A
 MIXED-FUEL BUILDING WHERE THE INITIAL APPLICATION  WAS  SUBMITTED  AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   4. ON OR BEFORE FEBRUARY FIRST, TWO THOUSAND TWENTY-THREE, THE DEPART-
 MENT  OF  PUBLIC SERVICE, THE DIVISION OF HOUSING AND COMMUNITY RENEWAL,
 THE DEPARTMENT OF STATE, AND THE ENERGY RESEARCH AND DEVELOPMENT AUTHOR-
 ITY SHALL REPORT JOINTLY TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE
 SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE  ASSEMBLY,
 AND THE MINORITY LEADER OF THE ASSEMBLY, REGARDING WHAT CHANGES TO ELEC-
 TRIC  RATE  DESIGNS, NEW OR EXISTING SUBSIDY PROGRAMS, POLICIES, OR LAWS
 ARE NECESSARY TO ENSURE THIS SECTION DOES NOT DIMINISH THE PRODUCTION OF
 AFFORDABLE HOUSING OR THE AFFORDABILITY OF ELECTRICITY FOR CUSTOMERS  IN
 ALL-ELECTRIC  BUILDINGS.  FOR THE PURPOSE OF THIS SUBDIVISION, "AFFORDA-
 BILITY OF ELECTRICITY" SHALL MEAN THAT ELECTRICITY DOES  NOT  COST  MORE
 THAN SIX PERCENT OF A RESIDENTIAL CUSTOMER'S INCOME.
   § 3. This act shall take effect immediately.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8431--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             November 17, 2021
                                ___________
 
 Introduced  by  M.  of  A. GALLAGHER, SIMON, CARROLL, EPSTEIN, DINOWITZ,
   L. ROSENTHAL,   SEAWRIGHT,   MAMDANI,   GOTTFRIED,    GLICK,    STECK,
   GONZALEZ-ROJAS,  REYES, JACKSON, KIM, MITAYNES, NIOU, COLTON, BURDICK,
   FORREST, KELLES, GALEF, BURGOS, CRUZ, RAMOS, BICHOTTE HERMELYN,  FAHY,
   ANDERSON,  FRONTUS,  STIRPE, BURKE, QUART, ENGLEBRIGHT, PAULIN, MEEKS,
   DILAN, ABINANTI, GIBBS, DICKENS,  DAVILA,  HEVESI,  FERNANDEZ,  CLARK,
   J. RIVERA,  OTIS -- read once and referred to the Committee on Govern-
   mental Operations -- recommitted  to  the  Committee  on  Governmental
   Operations  in  accordance  with  Assembly Rule 3, sec. 2 -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee -- again reported from said  committee  with  amend-
   ments, 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:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "all-electric building act".
   § 2. Section 11-102 of the energy law  is  amended  by  adding  a  new
 subdivision 16 to read as follows:
   16. "ALL-ELECTRIC READY." A BUILDING, PROJECT, OR PORTION THEREOF THAT
 CONTAINS ELECTRICAL SYSTEMS AND DESIGNS THAT PROVIDE SUFFICIENT CAPACITY
 FOR A FUTURE RETROFIT OF A MIXED-FUEL BUILDING TO AN ALL-ELECTRIC BUILD-
 ING,  INCLUDING  SUFFICIENT  SPACE,  DRAINAGE,  ELECTRICAL CONDUCTORS OR
 RACEWAYS, BUS BAR CAPACITY, AND OVERCURRENT PROTECTIVE DEVICES FOR  SUCH
 RETROFIT.    THE  STATE  FIRE PREVENTION AND BUILDING CODE COUNCIL SHALL
 PROMULGATE GUIDELINES FOR AN ELECTRIC-READY BUILDING ON OR BEFORE  JANU-
 ARY FIRST, TWO THOUSAND TWENTY-THREE.
   §  3.  Section  11-104  of  the  energy law is amended by adding 3 new
 subdivisions 6, 7 and 8 to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11571-09-2
 A. 8431--B                          2
              

 
   6. TO SUPPORT THE GOAL OF ZERO ON-SITE GREENHOUSE  GAS  EMISSIONS  AND
 HELP  ACHIEVE THE STATE'S CLEAN ENERGY AND CLIMATE AGENDA, INCLUDING BUT
 NOT LIMITED TO GREENHOUSE GAS REDUCTION REQUIREMENTS  SET  FORTH  WITHIN
 CHAPTER ONE HUNDRED SIX OF THE LAWS OF TWO THOUSAND NINETEEN, ALSO KNOWN
 AS  THE  NEW YORK STATE CLIMATE LEADERSHIP AND COMMUNITY PROTECTION ACT,
 THE CODE SHALL PROHIBIT INFRASTRUCTURE, BUILDING SYSTEMS,  OR  EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS IN NEW CONSTRUCTION STATEWIDE NO
 LATER  THAN  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND  TWENTY-THREE IF THE
 BUILDING IS LESS THAN SEVEN STORIES AND JULY FIRST, TWO  THOUSAND  TWEN-
 TY-SEVEN IF THE BUILDING IS SEVEN STORIES OR MORE.
   7.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION SIX OF THIS SECTION,
 THE STATE FIRE PREVENTION AND BUILDING CODE COUNCIL MAY  EXEMPT  SYSTEMS
 FOR  EMERGENCY  BACK-UP  POWER, OR BUILDINGS SPECIFICALLY DESIGNATED FOR
 OCCUPANCY BY A COMMERCIAL FOOD  ESTABLISHMENT,  LABORATORY,  LAUNDROMAT,
 HOSPITAL,  OR  CREMATORIUM, BUT IN DOING SO SHALL SEEK TO MINIMIZE EMIS-
 SIONS AND MAXIMIZE HEALTH, SAFETY, AND FIRE-PROTECTION. IN  SUCH  CASES,
 THE  CODE SHALL LIMIT THE INFRASTRUCTURE, BUILDING SYSTEMS, OR EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS TO THE  SYSTEM  AND  AREA  OF  A
 BUILDING FOR WHICH A PROHIBITION ON INFRASTRUCTURE, BUILDING SYSTEMS, OR
 EQUIPMENT  USED FOR THE COMBUSTION OF FOSSIL FUELS IS INFEASIBLE. TO THE
 FULLEST EXTENT FEASIBLE, THE CODE SHALL REQUIRE THAT THE AREA OR SERVICE
 WITHIN THE PROJECT WHERE INFRASTRUCTURE, BUILDING SYSTEMS, OR  EQUIPMENT
 USED FOR THE COMBUSTION OF FOSSIL FUELS ARE INSTALLED SHALL BE ALL-ELEC-
 TRIC  READY.  FINANCIAL  CONSIDERATIONS SHALL NOT BE SUFFICIENT BASIS TO
 DETERMINE PHYSICAL OR TECHNICAL  INFEASIBILITY.  EXEMPTIONS  OR  WAIVERS
 PROVIDED UNDER THIS SUBDIVISION SHALL BE REVIEWED DURING EACH MAJOR CODE
 UPDATE CYCLE TO DETERMINE WHETHER THEY ARE STILL NEEDED.
   8. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED
 AS  PREEMPTING  A MUNICIPALITY FROM PROHIBITING INFRASTRUCTURE, BUILDING
 SYSTEMS, OR EQUIPMENT THAT USES OR COMBUSTS FOSSIL FUELS.
   § 4. The energy law is amended by adding a new section 11-111 to  read
 as follows:
   §  11-111.  ADDITIONAL  REPORTING.    ON OR BEFORE FEBRUARY FIRST, TWO
 THOUSAND TWENTY-THREE, THE DEPARTMENT OF PUBLIC SERVICE, THE DIVISION OF
 HOUSING AND COMMUNITY RENEWAL, THE DEPARTMENT OF STATE, AND THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY SHALL REPORT JOINTLY  TO
 THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
 OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, AND THE MINORITY LEADER OF
 THE ASSEMBLY, REGARDING WHAT CHANGES TO ELECTRIC RATE  DESIGNS,  NEW  OR
 EXISTING  SUBSIDY  PROGRAMS,  POLICIES,  OR LAWS ARE NECESSARY TO ENSURE
 THAT SUBDIVISIONS SIX AND SEVEN OF SECTION 11-104 OF THIS ARTICLE DO NOT
 DIMINISH THE PRODUCTION OF AFFORDABLE HOUSING OR  THE  AFFORDABILITY  OF
 ELECTRICITY  FOR CUSTOMERS IN ALL-ELECTRIC BUILDINGS. FOR THE PURPOSE OF
 THIS SUBDIVISION, "AFFORDABILITY OF ELECTRICITY" SHALL MEAN  THAT  ELEC-
 TRICITY  DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOMER'S
 INCOME.
   § 5. This act shall take effect immediately.