BILL NUMBER: S685A
SPONSOR: MARTINEZ
 
TITLE OF BILL:
An act relating to authorizing existing building projects to continue
when the fossil fuel ban takes effect
 
PURPOSE:
The purpose of this bill is to establish a grandfather clause for new
building projects in which a site plan has been approved by a local
zoning board or a permit has been issued in reference to the enactment
of the prohibition of fossil fuel installation in new buildings begin-
ning in 2025.
 
SUMMARY OF PROVISIONS:
Section 1. Paragraph (b) of subdivision 6 of section 11-104 of the 2
energy law, as added by section 1 of part RR of chapter 56 of the laws 3
of 2023, is amended to exempt new building projects from the provisions
of this section for which a for which a site plan or subdivision plat
has been approved by the local planning board prior to December 31,
2025.
Section 2. Establishes the enacting clause.
 
JUSTIFICATION:
This legislation addresses concerns raised by stakeholders in the home-
building industry regarding the electrification measure that prohibits
the installation of fossil fuel equipment and building systems in new
residential and small commercial development beginning in 2025. Projects
that have already been permitted or received approval by a local plan-
ning board would be exempt from the prohibition. This ensures existing
developments can proceed when the electrification requirement takes
effect without unnecessary economic hardship or delay in housing devel-
opment.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.

Statutes affected:
S685: 11-104 energy law, 11-104(6) energy law