Pol: Law ‘Will Put Families at Risk’
By Hank Russell
A state law that will mandate all newly constructed residential and commercial buildings to use electric heat and appliances and was slated to go into effect next year has been delayed as a result of a lawsuit filed against the state. Some elected officials said the delay was needed, with one saying this mandate “will put families at risk.”
According to a page on the New York State Assembly’s website, the All-Electric Buildings Act, which passed as part of the state’s 2023 budget, would go into effect in 2026. Under the law, most newly built residential structures up to seven stories tall and commercial buildings with 100,000 square feet or more of conditioned floor area will use electric only. In 2029, taller residential buildings (eight stories or taller) and smaller commercial buildings (less than 100,000 square feet) will be included in the mandate.
However, the law carves out exemptions for restaurants, hospitals, doctors’ offices, factories and agricultural buildings. Existing buildings will not be included, even if they’re being repaired or renovated. Further, homeowners who build an addition on their houses can use gas instead of electric and older gas appliances can be replaced by new gas appliances.
The delay was due to a lawsuit filed by a group of trade groups — among them the New York State Builders Association, the Plumbing Contractors Association of Long Island and the International Brotherhood of Electrical Workers Locals 1049 and Union 97. In the lawsuit, the plaintiffs claimed that the law will make them “suffer actual economic harms as a result of the statutes given they are already experiencing ‘compliance costs’ related to ensuring they are prepared for when the Code amendments are enacted, as well as lost sales, work opportunities and revenue that will only be exacerbated …”
Since then, many elected officials have spoken out against the law. As previously reported in Long Island Life & Politics, GOP state legislators held a rally last month that was led by state Senator Mario Mattera (R-St. James), a ranking member of the Energy and Telecommunications Committee. Mattera called the energy mandates “unrealistic.”
The Second Circuit Court of Appeals will make a decision.
Assembly Minority Leader Will Barclay (R,C,I-Pulaski) called the law “poorly conceived and financially burdensome.”
“It’s refreshing to see common sense finally prevail here in New York,” Barclay said. “The shortcomings of this plan were clear to Republicans from day one, and experts only added to those concerns, warning that the state was moving far too fast without the infrastructure needed to support such a sweeping mandate. As a result, we have an unaffordable, unreliable electric grid.”
State Senator Monica Martinez (D-Brentwood) said she was “not surprised” the mandate has been put on pause. She also said that the delay was necessary. “It gives the courts time to do their due diligence and provide clarity for everyone involved,” she said. “This pause will allow time to get much-needed clarity on what will be required once the case is decided, which will remove the uncertainty that often translates into higher costs.”
Martinez is a sponsor of legislation that would grandfather in building projects that have already been approved by local governments. She said that, while she supports the state’s efforts to reduce its carbon footprint, this bill could negatively impact economic growth and development within the state.
“I … recognize the impact this policy can have on development and economic growth during an affordability crisis,” Martinez said. Under her bill, “growth can move forward without sudden changes to long-planned developments.”
The bill currently sits in the Senate’s Energy and Telecommunications Committee.
When asked about the delay, Ken Lovett, Hochul’s senior communications advisor on energy and environment, told CBS 2 New York, “The governor remains committed to the all-electric-buildings law and believes this action will help the state defend it, as well as reduce regulatory uncertainty for developers during this period of litigation. Governor Hochul remains resolved to providing more affordable, reliable, and sustainable energy for New Yorkers.”
“New Yorkers face enough burden as it is, and removing natural gas, propane and oil as heating options would only drive costs higher,” Barclay said. “Families can’t afford another mandate that makes everyday life more expensive and less reliable. New York needs an energy portfolio that is diverse, balanced and rooted in practicality — not blind mandates that put families at risk.”