- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
| Assembly Actions - Lowercase Senate Actions - UPPERCASE | |
|---|---|
| Jul 18, 2022 | reference changed to energy |
| May 05, 2022 | print number 8431b |
| May 05, 2022 | amend (t) and recommit to governmental operations |
| Mar 08, 2022 | print number 8431a |
| Mar 08, 2022 | amend and recommit to governmental operations |
| Jan 05, 2022 | referred to governmental operations |
| Nov 17, 2021 | referred to governmental operations |
Bill Amendments
Original A B (Active)co-Sponsors
Jo Anne Simon
Robert C. Carroll
Harvey Epstein
Jeffrey Dinowitz
View additional co-sponsorsLinda Rosenthal
Rebecca Seawright
Zohran Mamdani
Richard Gottfried
Deborah Glick
Phil Steck
Jessica Gonzalez-Rojas
Karines Reyes
Chantel Jackson
Ron Kim
Marcela Mitaynes
Yuh-Line Niou
William Colton
Chris Burdick
Phara Souffrant Forrest
Anna Kelles
Sandy Galef
Kenny Burgos
Catalina Cruz
Philip Ramos
Rodneyse Bichotte Hermelyn
Patricia Fahy
Khaleel Anderson
Mathylde Frontus
Albert A. Stirpe
Patrick Burke
Dan Quart
Steven Englebright
2021-A8431 - Details
See Senate Version of this Bill: S6843 Current Committee: Assembly Governmental Operations Law Section: Energy Law Laws Affected: Amd §§11-102 & 11-104, add §11-111, Energy L Versions Introduced in 2023-2024 Legislative Session: A920, S562
2021-A8431 - Summary
Enacts the "all-electric building act"; provides that the state energy conservation construction code shall prohibit infrastructure, building systems, or equipment used for the combustion of fossil fuels in new construction statewide no later than December 31, 2023 if the building is less than seven stories and July 1, 2027 if the building is seven stories or more.
2021-A8431 - Bill Text download pdf
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.
co-Sponsors
Jo Anne Simon
Robert C. Carroll
Harvey Epstein
Jeffrey Dinowitz
View additional co-sponsorsLinda Rosenthal
Rebecca Seawright
Zohran Mamdani
Richard Gottfried
Deborah Glick
Phil Steck
Jessica Gonzalez-Rojas
Karines Reyes
Chantel Jackson
Ron Kim
Marcela Mitaynes
Yuh-Line Niou
William Colton
Chris Burdick
Phara Souffrant Forrest
Anna Kelles
Sandy Galef
Kenny Burgos
Catalina Cruz
Philip Ramos
Rodneyse Bichotte Hermelyn
Patricia Fahy
Khaleel Anderson
Mathylde Frontus
Albert A. Stirpe
Patrick Burke
Dan Quart
Steven Englebright
Amy Paulin
Demond Meeks
Erik Dilan
Thomas Abinanti
Eddie Gibbs
Inez E. Dickens
Maritza Davila
Andrew Hevesi
Nathalia Fernandez
Sarah Clark
Jose Rivera
Steven Otis
2021-A8431A - Details
See Senate Version of this Bill: S6843 Current Committee: Assembly Governmental Operations Law Section: Energy Law Laws Affected: Amd §§11-102 & 11-104, add §11-111, Energy L Versions Introduced in 2023-2024 Legislative Session: A920, S562
2021-A8431A - Summary
Enacts the "all-electric building act"; provides that the state energy conservation construction code shall prohibit infrastructure, building systems, or equipment used for the combustion of fossil fuels in new construction statewide no later than December 31, 2023 if the building is less than seven stories and July 1, 2027 if the building is seven stories or more.
2021-A8431A - Bill Text download pdf
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.
