§ 11-104. State energy conservation construction code. In addition to
meeting the purposes set forth in section 11-101 of this article, the
code shall be designed to satisfy the following specific criteria:

1. The code's standards and requirements, so far as may be
practicable, shall be formulated in terms of performance objectives.

2. To the fullest extent feasible, use of modern technical methods,
devices and improvements which tend to minimize consumption of energy
and utilize to the greatest extent practical solar and other renewable
sources of energy without affecting reasonable requirements for the
health, safety and security of the occupants or users of buildings shall
be permitted.

3. As far as may be practicable, the improvement of energy
conservation construction practices, methods, equipment, materials and
techniques shall be encouraged.

4. The code shall provide reasonable uniform standards and
requirements for construction and construction materials for the
improvement of energy conservation construction practices.

5. The state fire prevention and building code council, in
consultation with the commissioner of the department of parks,
recreation and historic preservation, is authorized to adopt exemptions
to such uniform standards and requirements for historic buildings as
defined in section 11-102 of this article, to the extent that the
uniform standards and requirements would threaten, degrade, or destroy
the historic form, fabric, or function of such historic buildings.

6. (a) To the fullest extent feasible, the standards for construction
of buildings in the code shall be designed to help achieve the state's
clean energy and climate agenda, including but not limited to greenhouse
gas reduction, 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, and as further identified by
the New York state climate action council established pursuant to
section 75-0103 of the environmental conservation law.

(b) In addition to the foregoing, 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 the installation
of fossil-fuel equipment and building systems, in any new building not
more than seven stories in height, except for a new commercial or
industrial building greater than one hundred thousand square feet in
conditioned floor area, on or after December thirty-first, two thousand
twenty-five, and the code shall prohibit the installation of fossil-fuel
equipment and building systems, in all new buildings after December
thirty-first, two thousand twenty-eight.

7. (a) The provisions set forth in paragraph (b) of subdivision six of
this section shall not be construed as applying to buildings existing
prior to the effective date of the applicable prohibition, including to:

(i) the repair, alteration, addition, relocation, or change of
occupancy or use of such buildings; and

(ii) the installation or continued use and maintenance of fossil-fuel
equipment and building systems, including as related to cooking
equipment, in any such buildings.

(b) In addition, in effectuating the provisions set forth in paragraph
(b) of subdivision six of this section the code shall include exemptions
for the purposes of allowing the installation and use of fossil-fuel
equipment and building systems where such are installed and used:

(i) for generation of emergency back-up power and standby power
systems;

(ii) in a manufactured home as defined in subdivision seven of section
six hundred one of the executive law; or

(iii) in a building or part of a building that is used as a
manufacturing facility, commercial food establishment, laboratory, car
wash, laundromat, hospital, other medical facility, critical
infrastructure, including but not limited to emergency management
facilities, wastewater treatment facilities, and water treatment and
pumping facilities, agricultural building, fuel cell system, or
crematorium, as such terms are defined by the code council.

(c) Where the code includes an allowed exemption pursuant to
subparagraph (i) or (iii) of paragraph (b) of this subdivision, other
than agricultural buildings as defined by the council, such exemption
shall include provisions that, to the fullest extent feasible, limit the
use of fossil-fuel equipment and building systems to the system and area
of the building for which a prohibition on fossil-fuel equipment and
building systems is infeasible; require the area or service within a new
building where fossil-fuel equipment and building systems are installed
be electrification ready, except with respect to servicing manufacturing
or industrial processes; and minimize emissions from the fossil-fuel
equipment and building systems that are allowed to be used, provided
that the provisions set forth in this paragraph do not adversely affect
health, safety, security, or fire protection. Financial considerations
shall not be sufficient basis to determine physical or technical
infeasibility.

(d) Exemptions included in the code pursuant to this subdivision shall
be periodically reviewed by the state fire prevention and building code
council to assure that they continue to effectuate the purposes of
subdivision six of this section to the fullest extent feasible.

(e) The code shall allow for exemption of a new building construction
project that requires an application for new or expanded electric
service, pursuant to subdivision one of section thirty-one of the public
service law and/or section twelve of the transportation corporations
law, when electric service cannot be reasonably provided by the grid as
operated by the local electric corporation or municipality pursuant to
subdivision one of section sixty-five of the public service law;
provided, however, that the public service commission shall determine
reasonableness for purposes of this exemption. For the purposes of this
paragraph, "grid" shall have the same meaning as electric plant, as
defined in subdivision twelve of section two of the public service law.

8. For the purposes of this section:

(a) "Fossil-fuel equipment and building systems" shall mean (i)
equipment, as such term is defined in section 11-102 of this article,
that uses fossil-fuel for combustion; or (ii) systems, other than items
supporting an industrial or commercial process as referred to in the
definition of equipment in section 11-102 of the energy law, associated
with a building that will be used for or to support the supply,
distribution, or delivery of fossil-fuel for any purpose, other than for
use by motor vehicles.

(b) "Electrification ready" means the new building or portion thereof
where fossil-fuel equipment and building systems are allowed to be used
which contains electrical systems and designs that provide sufficient
capacity for a future replacement of such fossil-fuel equipment and
building systems with electric-powered equipment, including but not
limited to sufficient space, drainage, electrical conductors or
raceways, bus bar capacity, and overcurrent protective devices for such
electric-powered equipment.