BILL NUMBER: S8481
SPONSOR: GALLIVAN
 
TITLE OF BILL:
An act to amend the environmental conservation law, the public service
law, the energy law and the executive law, in relation to authorizing
local governments to opt out of mandates and benchmarks arising under
the climate leadership and community protection act and associated
universal electrification requirements
 
PURPOSE OF BILL:
To provide municipalities in New York State-including cities (sans NYC),
towns, and villages-with the legal authority to adopt local resolutions
opting out of costly, burdensome, or impractical mandates imposed under
the Climate Leadership and Community Protection Act (CLCPA) and related
electrification benchmarks or code requirements.
 
SUMMARY OF PROVISIONS:
Section 1. Establishes legislative findings underscoring the threat of
energy instability and cost increases resulting from the forced electri-
fication policies stemming from the CLCPA.
§ 2. Adds a new section (§ 75-0117) to the Environmental Conservation
Law granting local governments the authority to opt out, by majority
vote, of any electrification mandate, climate benchmark, or related
regulatory obligation.
§ 3. Amends the Public Service Law to ensure municipalities that opt out
are exempt from mandates under the RAPID Act (Article 8) that require
electrification or ZEV infrastructure as a precondition for development
or permitting.
§ 4. Amends the Energy Law to exempt opt-out municipalities from build-
ing electrification mandates and EV infrastructure benchmarks, including
those requiring Level 2 chargers in public lots.
§ 5. Amends the Executive Law to ensure that municipalities opting out
are exempt from the building electrification requirements of the State
Energy Conservation Construction Code administered by the New York State
Fire Prevention and Building Code Council.
§ 6. Contains severability language to preserve the remainder of the law
if a part is deemed invalid.
§ 7. Provides for the immediate effective date.
 
JUSTIFICATION:
New York State's push toward universal electrification has created a
loomilig crisis in energy affordability, reliability, and local economic
stability. These mandates, particularly those arising from the CLCPA,
impose one-size-fits-all burdens that disproportionately harm local
governments, particularly rural towns and villages that lack the infras-
tructure, tax base, and energy capacity to implement these changes safe-
ly and affordably.
Here in WNY and throughout the State, communities are already experienc-
ing skyrocketing utility rates and housing construction costs as a
result of electrification mandates. This includes strict building code
requirements that prohibit the use of natural gas, vehicle sales quotas
that ban the future sale of traditional vehicles, and infrastructure
benchmarks for EV charging that are neither practical nor financially
feasible.
Importantly, local governments across our State ought to be afforded the
home rule authority necessary to make decisions regarding energy choice
that best suits the needs of their residents and businesses. This
legislation does just that.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None to the State.
 
EFFECTIVE DATE:
This bill shall take effect immediately.

Statutes affected:
S8481: 378 executive law