S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8431--A
 
                        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 --
   read  once and referred to the Committee on Governmental 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
 
 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.
 
              

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11571-05-2
 A. 8431--A                          2
 
   D.  "INITIAL  APPLICATION"  SHALL    MEAN   THE FIRST SITE OR BUILDING
 PERMIT APPLICATION ASSOCIATED WITH THE BUILDING OR PROJECT.
   E. "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-
 ING AND/OR COOLING BUILDING ENERGY NEEDS BUT ARE OTHERWISE  ALL-ELECTRIC
 BUILDINGS.
   F.  "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.
   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 EITHER:
   A.  THE  PROPOSED BUILDING HAS SEVEN OR MORE FLOORS AND CANNOT SATISFY
 NECESSARY BUILDING CODE REQUIREMENTS WITHOUT THE USAGE  OF  GAS  OR  OIL
 PIPING  SYSTEMS, FIXTURES AND/OR INFRASTRUCTURE AND THE INITIAL APPLICA-
 TION FOR THE PERMITTING OF SUCH BUILDING WAS NOT SUBMITTED AFTER  DECEM-
 BER THIRTY-FIRST, TWO THOUSAND TWENTY-SIX;
   B.  THE BUILDING IS SPECIFICALLY DESIGNATED FOR OCCUPANCY BY A COMMER-
 CIAL FOOD SERVICE ESTABLISHMENT, LABORATORY,  LAUNDROMAT,  HOSPITAL,  OR
 CREMATORIUM,  AND  SUCH  ESTABLISHMENT  CANNOT  FEASIBLY  OPERATE  USING
 COMMERCIALLY AVAILABLE ALL-ELECTRIC APPLIANCES; OR
   C. THE NATURAL GAS OR OIL PIPING  SYSTEMS  ARE  USED  SOLELY  FOR  THE
 GENERATION OF EMERGENCY STANDBY POWER;
   (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.
   C.  IF A MODIFICATION IS ISSUED UNDER PARAGRAPH B OF THIS SUBDIVISION,
 THE APPLICANT SHALL PAY OR AGREE IN WRITING TO PAY ANY COSTS RELATED  TO
 THE CONNECTION OF ANY GAS MAIN AND/OR TRANSMISSION SYSTEM TO ENSURE THAT
 SUCH  COSTS ARE NOT SUBSIDIZED BY OTHER SERVICE CLASS RATE PAYERS. THOSE
 COSTS INCLUDE BUT ARE NOT LIMITED TO THE MATERIAL  AND  INSTALLATION  OF
 THE PIPE, CONDUIT, DUCT, OR OTHER FACILITIES TO BE INSTALLED.
   3.  A.  NO  CITY, TOWN OR VILLAGE SHALL ISSUE BUILDING OR CONSTRUCTION
 PERMITS THAT WOULD CONVERT AN ALL-ELECTRIC BUILDING OR  PROJECT  INTO  A
 A. 8431--A                          3
 
 MIXED-FUEL  BUILDING  WHERE  THE INITIAL APPLICATION WAS SUBMITTED AFTER
 DECEMBER THIRTY-FIRST, TWO THOUSAND TWENTY-TWO.
   B. NOTWITHSTANDING THE PROVISIONS OF PARAGRAPH A OF THIS  SUBDIVISION,
 A CITY,  TOWN,  OR VILLAGE MAY ISSUE A PERMIT TO CONVERT AN ALL-ELECTRIC
 BUILDING  OR  PROJECT  INTO  A MIXED-FUEL BUILDING FOR THE GENERATION OF
 EMERGENCY STANDBY POWER OR OCCUPANCY BY A  COMMERCIAL    FOOD    SERVICE
 ESTABLISHMENT,  LABORATORY,  LAUNDROMAT,  HOSPITAL,  OR CREMATORIUM, AND
 SUCH ESTABLISHMENT CANNOT FEASIBLY OPERATE USING COMMERCIALLY  AVAILABLE
 ALL-ELECTRIC APPLIANCES, PROVIDED:
   (I)  SUFFICIENT  EVIDENCE IS PRESENTED TO SUBSTANTIATE THE PHYSICAL OR
 TECHNICAL INFEASIBILITY OF AN ALL-ELECTRIC BUILDING OR  PROJECT  DESIGN,
 FINANCIAL    CONSIDERATIONS SHALL NOT BE A SUFFICIENT BASIS TO DETERMINE
 PHYSICAL OR TECHNICAL INFEASIBILITY;
   (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.
   C.  IF  A  PERMIT IS ISSUED UNDER PARAGRAPH B OF THIS SUBDIVISION, THE
 APPLICANT SHALL PAY OR AGREE IN WRITING TO PAY ANY COSTS RELATED TO  THE
 CONNECTION  OF  ANY  GAS  MAIN AND/OR TRANSMISSION SYSTEM TO ENSURE THAT
 SUCH COSTS ARE NOT SUBSIDIZED BY OTHER SERVICE CLASS RATE PAYERS.  THOSE
 COSTS  INCLUDE  BUT  ARE NOT LIMITED TO THE MATERIAL AND INSTALLATION OF
 THE PIPE, CONDUIT, DUCT, OR OTHER FACILITIES TO BE INSTALLED.
   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 NEW YORK STATE ENERGY RESEARCH AND
 DEVELOPMENT AUTHORITY SHALL REPORT JOINTLY TO THE GOVERNOR,  THE  TEMPO-
 RARY  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 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, "AFFORDABILITY  OF  ELECTRICITY"  SHALL  MEAN  THAT
 ELECTRICITY DOES NOT COST MORE THAN SIX PERCENT OF A RESIDENTIAL CUSTOM-
 ER'S INCOME.
   5. ON OR BEFORE DECEMBER FIRST, TWO THOUSAND TWENTY-EIGHT, THE DEPART-
 MENT  OF PUBLIC SERVICE, 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 THE CONTINUED NEED OF WAIVERS ESTABLISHED UNDER THIS
 SECTION FOR COMMERCIAL FOOD ESTABLISHMENTS,  LABORATORIES,  LAUNDROMATS,
 HOSPITALS,  OR  CREMATORIUMS.  THE REPORT SHALL MAKE RECOMMENDATIONS FOR
 THE CONTINUANCE OR ELIMINATION OF SUCH WAIVERS FOR BOTH NEW CONSTRUCTION
 AND BUILDING CONVERSIONS.
   6. NOTHING IN THIS SECTION SHALL BE INTERPRETED OR OTHERWISE CONSTRUED
 AS PREEMPTING A MUNICIPALITY FROM REQUIRING  ALL-ELECTRIC  BUILDINGS  OR
 OTHERWISE  PROHIBITING NEW GAS SERVICE CONNECTIONS FOR NEW BUILDINGS AND
 CONVERSIONS.
   § 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.