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A Breakdown of the NY Fossil Fuel Ban Language

2 May 2023

ELFA PART RR 

Statement:

Part RR prohibits the installation of fossil-fuel equipment and building systems in buildings less than seven stories after 12/31/2025, and all new buildings, regardless of height, after 12/31/2028. Existing buildings built before these dates would be able to make repairs of fossil-fuel equipment. Several exempted building-types are enumerated. 

Notes: 

  • Prohibition on the installation of fossil-fuel equipment and building systems: 
  • In any new building not more than even stories in height  — Effective December 31, 2025
  • Except: new commercial or industrial buildings with more than 100,000 square feet
  • Effective in all new buildings December 31, 2028.

EXEMPTIONS 

  • Not applicable to existing buildings as of above dates
  • Not applicable to repairs, alterations, additions, relocations, or change of occupancy or use of the existing buildings 
  • Not applicable to maintenance of fossil fuel equipment in, such as cooking equipment 
  • Not applicable to back-up power and standby power 
  • Not applicable in a
    •  manufacturing facility, 
    • commercial food establishment, 
    • laboratory,
    • car wash, 
    • laundromat, 
    • hospital, 
    • medical facilities, 
    • critical infrastructure, 
    • emergency management facilities, 
    • wastewater treatment facilities, 
    • water treatment and pumping facilities, 
    • agricultural buildings, 
    • fuel cell systems, 
    • crematoriums
  • Not applicable to new building construction where electric service cannot be reasonably provided by the grid


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