[Adopted 3-20-2023 by L.L. No. 1-2023]
A.
Intent and purpose. It is the policy of City of Beacon and State of New York to achieve energy efficiency and renewable energy goals, reduce greenhouse gas emissions, mitigate the effect of global climate change, and advance a clean energy economy. This article establishes a local energy conservation code supplement for all new construction and major renovations of residential and commercial buildings to further these policy goals, promote the public health, safety, and general welfare, and protects, secures and guarantees an individual's right to a healthy environment as required under the New York State Environmental Rights Amendment (the "Green Amendment") implemented as Article I, § 19, of the New York State Constitution's Bill of Rights. The Green Amendment creates a constitutionally protected right that "Each person shall have a right to clean air and water, and a healthful environment." This article furthers that protection by removing greenhouse gas emissions that adversely affect indoor air, outdoor air and the environment in general. It is the intent of this article to deliver measurable and long-lasting reduction in greenhouse gas emissions from all new construction and major renovations to support the goal of zero on-site greenhouse gas emissions and the state's clean energy and climate agenda, including but not limited to greenhouse gas reduction requirements set forth within the New York State Climate Leadership and Community Protection Act ("CLCPA"). The purpose of this article is to eliminate greenhouse gas emissions in new buildings where all-electric infrastructure can be most practicably integrated, thereby reducing the environmental and health hazards produced by the consumption and transportation of natural gas.
B.
Findings. The City Council of the City of Beacon finds the following:
(1)
Climate change is causing an increase in extreme weather events,
such as storms, flooding, and heat waves that threaten human life,
health communities, and critical infrastructure to the City, New York
State, and across the world.
(2)
There is a clear emerging international consensus that to avoid the
most severe impacts of a changing climate, global warming should be
limited to 1.5° C.
(3)
Greenhouse gas emissions related to human activity are the main cause
of global warming. Buildings within the City of Beacon are a significant
contributor to local greenhouse gas emissions.
(4)
New York State, through its CLCPA, adopted on July 18, 2019, has
set ambitious goals to combat climate change through greenhouse gas
reduction. The CLCPA mandates significant reductions in greenhouse
gas emissions and requires that all electricity be derived from emissions-free
sources by 2040. State goals are in line with the objectives of this
article, including reducing emissions in buildings, electrifying space
heating, water heating, and cooking systems, increasing the use of
renewable energy and reducing the use of fossil fuels.
(5)
On November 2, 2021, New York voters approved the Green Amendment to the New York State Constitution. The Green Amendment secures each person's "right to clean air and water, and a healthful environment." N.Y. Const., Article I, § 19. The goal of the Green Amendment is to ensure government officials seek to avoid and prevent environmental harm.
(6)
On December 19, 2022, the New York State Climate Action Council adopted
its Final Scoping Plan to reduce New York's greenhouse gas emissions
40% by 2030 and no less than 85% by 2050. The Final Scoping Plan recommends
that by 2050, 85% of homes and commercial building space statewide
should be electrified with energy-efficient heat pumps and thermal
energy networks, and encourages the state and municipalities to adopt
zero-emission codes and standards and require energy benchmarking
for buildings.
(7)
The combustion of fossil fuels in homes and other buildings decreases
internal air quality and has adverse impacts on human health.
(8)
Electrification has been proven to be a vital and cost-effective
tool in reducing greenhouse gas emissions. According to the U.S. Energy
Information Administration, buildings account for 28% of the United
States' energy use and greenhouse gas emissions.
(9)
Corporations seeking approval for infrastructure to transport and
distribute natural gas in New York have emphasized that the rationale
for creating such infrastructure is based in part on projected increased
demand for natural gas from customers in new buildings. Prohibiting
the use of fossil fuels in new construction will eliminate this rationale
and help achieve the greenhouse gas emission reduction goals established
in the CLCPA and further New York's record as a leader in combating
climate change.
(10)
The most cost-effective time to integrate electrical infrastructure
is in the design phase of a building project because building systems
and spaces can be designed to optimize the performance of electrical
systems and the project can take full advantage of avoided costs and
space requirements from the elimination of natural gas piping and
venting for combustion air safety.
(11)
All-electric buildings will be more durable, have lower maintenance
costs, will last longer, and have eliminated risk of gas explosions
and carbon monoxide poisoning.
(12)
All-electric building design benefits the health, welfare and
resiliency of the City and its residents.
C.
Authority: Pursuant to § 11-109 of the New York State Energy Law, and subject to the provisions and requirements of that section, the City of Beacon has the power to promulgate a local energy conservation construction code that is more stringent than the Energy Conservation Construction Code of New York State (the "Energy Code"). The City also has the authority to enact this article based upon Article I, § 19, of the New York State Constitution, which guarantees each person's "right to clean air and water, and a healthful environment."
A.
This article provides requirements and standards that are in addition to, and shall supplement, the requirements and standards set forth in the Energy Code and in Chapter 119, Uniform Fire Prevention and Building Code, of the Code of the City of Beacon. If a requirement of this article is less stringent than that of the Energy Code in effect at the time of application for a building permit, then the more stringent Energy Code requirement shall take precedence.
B.
The City shall enforce this article in addition to the City's enforcement of the Energy Code. Chapter 119, Uniform Fire Prevention and Building Code, of the Code of the City of Beacon sets forth the method for administration and enforcement of this article and establishes powers, duties and responsibilities in connection therewith, including penalties and other remedies for violations of this article.
A.
The requirements of this article shall not apply to the following:
(1)
Systems for emergency backup power.
(2)
Manufactured homes.
(3)
Buildings specifically designated for occupancy by a manufacturing
facility, commercial food establishment, laboratory, laundromat, crematorium,
hospital, or other medical facility.
(4)
Municipal water and sewer facilities.
(5)
Any project that received site plan approval from the Planning Board
prior to June 30, 2023.
B.
Where an exemption is permitted, such exemption shall limit or require,
to the fullest extent feasible, as determined in the sole discretion
of the Building Inspector as follows:
(1)
Limit the use of fossil-fuel equipment and building systems to the
system and area of the building for which a prohibition on fossil-fuel
equipment and building systems is infeasible; and
(2)
Require the area or service within a new building where fossil-fuel
equipment and building systems are installed be all-electric ready.
As used in this article, the following terms shall have the
meanings indicated:
A building, project, or portion thereof that contains electrical
systems and designs that provide sufficient capacity for the future
retrofit of a mixed-fuel building to an all-electric building, including,
but not limited to, sufficient space, drainage, electrical conductors
or raceways, bus bar capacity, and overcurrent protective devices
for such retrofit.
Any building that is not included in the definition of "residential
building" or "mixed use building."
The State Energy Conservation Construction Code, as currently
in effect and as hereafter amended from time to time.
An energy source formed in the Earth's crust from decayed
organic material. The common fossil fuels are petroleum, coal, and
natural gas. For purposes of this article, fossil fuels shall also
include common extracts, derivatives, and products of fossil fuels,
including but not limited to propane, kerosene, and gasoline.
Any of several gases, including carbon dioxide (CO2), methane (CH4), nitrous oxide
(N2O), and fluorinated gases, that trap heat
in the atmosphere.
An area or room that is enclosed within the building thermal
envelope and is directly or indirectly heated using fossil fuel, electricity,
or biomass as the energy source. Spaces are indirectly heated where
they connect through openings with heated spaces, where they are separated
from heated spaces by uninsulated walls, floors or ceilings, or where
they contain uninsulated ducts, piping or other sources of heating
using fossil fuel, electricity, or biomass.
Any construction or renovation to an existing structure,
other than a repair or addition, where the work area exceeds 75% of
the heated floor area and involves the replacement or new installation
of a heating or hot water system (e.g., boiler, furnace, or other
major system). Changes to ventilation and air-conditioning systems
are not considered renovations of the heating system.
A structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width or 40 body
feet or more in length, or, when erected on-site, is 320 or more square
feet, and which is built on a permanent chassis and designed to be
used as a dwelling with or without a permanent foundation when connected
to the required utilities, and includes the plumbing, heating, air-conditioning,
and electrical systems contained therein. Such term shall not include
any self-propelled recreational vehicle.
An establishment engaged in the mechanical or chemical transformation
of materials or substances into new products, including the assembling
of component parts, the creation of products, and the blending of
materials, such as oils, plastics, resins, or liquors.
Any building in which a portion of the use is residential,
and a portion of the use is commercial.
Fuel gas piping, other than service pipe, in or in connection
with a building, structure or within the property lines of premises,
extending from the point of delivery at the gas meter.
Site preparation for, and construction of, entirely new structures,
excluding additions and renovations.
Any building covered by the Residential Code of New York
State, as well as any building that is classified in accordance with
Chapter 3 of the Building Code of New York State in Group R-2, R-3,
or R-4, including accessory dwelling units.
A.
Effective on January 1, 2024, no building permit application shall
be accepted by the Building Department and no building permit issued
for new construction of or major renovations to residential, commercial
or mixed-use buildings which requires the use of fossil fuels to power
any equipment or building systems therein, including space heating,
water heating, cooking, and clothes drying.
B.
Effective on January 1, 2024, any heating or hot water system (e.g.,
boiler, furnace, or other major system) replaced or installed any
time after the issuance of a building permit to construct or renovate
an existing structure involving 75% or more of the heated floor area,
other than a repair or addition, shall be electric.
C.
All plans submitted in connection with new construction subject to
the provisions of this article shall, as applicable, include notes
and drawings to show the removal of petroleum tanks and demonstrate
that any tank removed was appropriately closed in accordance with
state regulations. All plans submitted in connection with new construction
subject to the provisions of this article shall, as applicable, include
notes and drawings to show the removal of natural gas infrastructure
and demonstrate that such natural gas infrastructure was capped, and
appropriate details shall be noted on the plan if such natural gas
infrastructure is required to support an emergency backup generator.
A.
An applicant whose building permit application has been denied may
apply to the Zoning Board of Appeals for a hardship exemption to obtain
relief from the requirements of this article. Upon receipt of an application
for relief, the Zoning Board of Appeals shall, within 45 days thereafter,
hold a public hearing. Notice of the public hearing shall be provided
by the applicant in the same manner as required in § 223-61.2B.
B.
At the public hearing, the Zoning Board of Appeals may hear testimony
and entertain the submission of written evidence from the applicant
and/or the public.
C.
To obtain a certificate of hardship, the applicant must prove the
existence of a hardship by establishing that compliance with this
article is financially, technically or physically infeasible.
D.
The Zoning Board of Appeals shall make a decision within 30 days
of the conclusion of the hearing on the application. The Board's
decision shall be in writing and shall state the reasons for granting
or denying the hardship application.
E.
Notwithstanding any granted hardship exemption, all new construction
and major renovations shall be required to be all-electric ready.
