§ 28-506.1 Prohibited emissions in new buildings.
AC § 28-506.1
New buildings shall be subject to the emissions limits set forth in section 24-177.1. The commissioner shall not approve an application for the approval of construction documents, nor issue any permit in connection therewith, for a new building that does not comply with section 24-177.1. Exceptions: 1. A building that is seven stories or more where an application for the approval of construction documents is submitted on or before July 1, 2027.
2.A building that is less than seven stories where an application for the approval of construction documents is submitted on or before December 31, 2023.
3.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 on or before July 1, 2027.
4.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 before December 31, 2025.
5.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 before December 31, 2027.
6.A building that will be primarily used by a utility regulated by the public service commission for the generation of electric power or steam.
7.A building within a facility operated by the department of environmental protection that treats sewage or food waste.
8.An application filed by or on behalf of the school construction authority submitted before December 31, 2024.
9.A building where it would not be required to comply with section 24-177.1 because the combustion of a substance that emits 25 kg or more of carbon dioxide per million British thermal units of energy is necessary for a manufacturing use or purpose, or for the operation of a laboratory, laundromat, hospital, crematorium, commercial kitchen as defined in section 602 of the New York city fire code, or where used for emergency or standby power, or other use allowed by rule of the department, to the extent necessary for, and in the space occupied by such use or purpose. (L.L. 2021/154, 12/22/2021, eff. 12/22/2021) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/154.
