Beacon considers ban on fossil fuels in new construction, renovations

Even before New York Gov. Kathy Hochul in her State of the State address proposed instituting a ban on the use of fossil fuels for heating and natural gas for use in appliances, the City of Beacon was already discussing legislation that would ban the use of fossil fuels in new construction in that Hudson Valley community.

Hochul called for entirely banning new fossil-fuel heating systems beginning in 2030, while beginning a phase-out by 2025 in the construction of small buildings and by 2028 in the construction of large ones.

Beacon’s ban would prohibit fossil fuel connections in new residential construction effective Jan. 1, 2024 and in commercial construction effective Jan. 1, 2027. Mixed-use buildings would be regulated according to the use of a particular section of the building. In addition to new construction, the proposed local law would apply to major renovations where the scope of work includes replacement of existing heating or hot water systems.  There would be a hardship exemption under which an applicant could show that it would be physically, financially or technically impossible to comply with the law. The Zoning Board of Appeals would be charged with reviewing the hardship applications.

Beacon’s approach is to have the law prohibit the Building Department from accepting building permit applications or issuing building permits for construction incorporating the use of fossil fuels..

Back on Nov. 14, 2022, Beacon’s City Council had a discussion about a ban on fossil fuels and that led to the law firm Keane & Beane, on behalf of the city, to speak with a representative of  the New York State Energy Research and Development Authority (NYSERDA) about legislative options to promote the electrification of buildings. The NYSERDA representative said that it was working with outside counsel about such legislation to be sure it could be effective and legal. NYSERDA said that it was developing sample legislation that municipalities could use. It said one issue to be determined was whether federal or state laws might override local laws governing mandatory electric use and permitted levels of emissions.

New York City has enacted legislation limits on the emissions allowed from most buildings, old and new, while allowing owners of buildings that can’t be retrofitted to pay annual fines. The City of Ithaca has a law that requires electrification of new and old buildings by 2030.