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--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.