Volume 6, Issue 9 | LAW TO PROHIBIT GAS ENERGY IN NEW BUILDING

The City Council passed Int 2317-2021 - a law that will restrict the level of carbon dioxide emissions from combustion equipment so much that the use of gas as energy in new buildings will effectively be prohibited. 

The law will be phased in such a manner that most buildings, will be required to comply with the first phase starting in two years as indicated below.

  • A building that is seven stories or more where an application for the approval of construction documents is submitted after July 1, 2027.

  • A building that is less than seven stories where an application for the approval of construction documents is submitted after December 31, 2023.

  • A building, other than a building, that is classified as group R-3, where such emissions are in connection with the provision of hot water and an application for the approval of construction documents is submitted after July 1, 2027.

  • A building that is less than seven stories where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted after December 31, 2025.

  • A building that is seven stories or more where the building owner demonstrates in accordance with rules promulgated by the department that 50 percent or more of the dwelling units in such building are subject to a regulatory agreement, restrictive declaration, or similar instrument with a federal, state, or local governmental entity or instrumentality for the creation or preservation of affordable housing, and an application for the approval of construction documents is submitted after December 31, 2027.

There are some exceptions which will be detailed in §28-506.1.  The law is awaiting the Mayor’s signature which is expected within the next 30 days.  Here is a link to the new law: §28-506.1

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