BILL NUMBER: S6811REVISED 5/15/23
SPONSOR: MATTERA
 
TITLE OF BILL:
An act to repeal certain provisions of the energy law and the executive
law, in relation to the prohibition on fossil fuel equipment and build-
ing systems in new buildings
 
PURPOSE::
Repeals provisions of the 2023-2024 State Budget that prohibits the
installation of fossil fuel equipment and building systems, in any new
building seven stories or fewer starting in 2026 and in all buildings
starting in 2029.
 
SUMMARY OF PROVISIONS::
Section one repeals paragraph (b) of subdivision 6 and subdivisions 7
and 8 of section 11-104 of the energy law that prohibits fossil fuel
equipment and building systems in new construction through the State
energy conservation construction code
Section 2 repeals subdivision 19 of section 378 of the executive law
that prohibits fossil fuel equipment and building systems in new
construction through the New York State uniform fire prevention and
building code
Section 3 establishes the effective date.
 
JUSTIFICATION::
This bill would repeal the ban of fossil fuel equipment and building
systems in new construction that was part of the 2023-24 State Budget.
There are several concerns with banning fossil fuel equipment and build-
ing systems in new construction, two of which are reliability of the
electrical grid and the costs to consumers.
As the New York Independent System Operator concluded in a recent short-
term reliability analysis, the grid will have extremely narrow operating
margins in the coming years. "The relief reliability margins within NYC
may not be sufficient even for expected weather if forecasted demand in
NYC increases by as little as 60 megawatts in 2025, the Champlain Hudson
Power Express is delayed and there are additional generator deacti-
vations beyond what is already planned" (page 8 of NYISO report on 2022
Reliability needs).
Requiring new construction be all electric will add to the strain of the
electric grid at a time when there is little room for error.
There are also cost concerns with banning natural gas hookups and oil
from being used in new construction. At a time when this state has an
affordable housing crisis, it makes little sense to pass legislation
that would increase the costs of new construction but that is exactly
what requiring all-electric new construction will do. Geothermal heat
pumps cost between $25,000 and $50,000 for a single family home, while a
boiler costs about $5,000.
Aside from the reliability and cost concerns, the ninth Circuit Court of
Appeals ruled a federal law, the Energy Policy and Conservation Act,
preempted a similar ban on natural gas by the City of Berkeley.
 
LEGISLATIVE HISTORY::
New bill.
 
FISCAL IMPLICATIONS::
None to the State.
 
EFFECTIVE DATE::
This act shall take effect immediately.

Statutes affected:
S6811: 11-104 energy law