New York state has agreed to delay implementation of a new law that beginning in 2026 would require most new buildings in New York that are seven stories or shorter to be built using electric heat and appliances. This will also apply to larger commercial buildings with 100,000 square feet or more of floor area. Taller residential buildings and smaller commercial buildings will be rolled into the program in 2029.
In a stipulation filed with the U.S. District Court in Albany, the state agreed to delay enforcing the law until an appeal can be heard of a case filed by a group of trade organizations and unions that seeks to have the law thrown out. The federal judge who heard the lawsuit found that the federal law the plaintiffs cited as overriding the state law does not, in fact, take precedence and that the state law is valid.
The plaintiffs in the lawsuit are preparing an appeal to the Second Circuit U.S. Court of Appeals.
The lawsuit was filed by Mulhern Gas Co., Inc., New York State Builders Association, National Association of Home Builders, New York Propane Gas Association, National Propane Gas Association, Northeast Hearth, Patio and Barbeque Association, Plumbing Contractors Association of Long Island, Licensed Plumbing Association of New York City, Inc., Holmes Mech. LLC, International Brotherhood of Electrical Workers Local 1049, Plumbers Local Union No. 200, International Brotherhood of Electrical Workers Local Union 97, and Transport Workers Union Local 101 AFL-CIO.
The defendant in the case is Walter T. Mosley in his official capacity as New York Secretary of State.
Several exemptions were written into the law to address concerns that were raised. Some categories of real estate like restaurants, hospitals and doctors’ offices, factories, and agricultural buildings will be automatically exempt from the law’s requirements. Existing buildings will not be impacted by the new requirements, even if they’re being repaired or renovated. If someone builds an addition on their house that already has gas, they can still use gas if they want to do so. Existing gas appliances can also be replaced with new gas appliances.
Democratic State Assemblyman William Conrad of the 140th District that includes parts of Erie and Niagara counties organized a group of fellow Democrats who asked Gov. Hochul to delay having the law take effect. They took the position that not enough new electricity is being made available and that premature implementation of the law would hurt efforts to create more housing in the state. Republicans in the State Legislature had been vocal in opposing the law since it was initially proposed.
“We all want to build a green economy and help make New York a national leader in adopting renewables,” said John J. Murphy, international representative of the United Association of Journeymen & Apprentices of the Plumbing and Pipefitting Industry of the United States and Canada following the action by New York state. “We also need a sensible transition that will keep energy prices as stable as possible, while keeping the power flowing reliably. We should not be rejecting power plant upgrades that will lower emissions in poor communities while this transition takes place. If New York has any hope of achieving its clean energy goals in this decade and beyond, we need to maintain reliability while being much more aggressive in pursuing non-carbon technologies like nuclear, wind, solar, battery storage, hydrogen gas and geothermal heating.”
Gregory Lancette, president of the New York State Pipe Trades said, “Simply shutting down critical power plants and banning certain energy resources is not a sustainable, or reliable, energy strategy. We must build adequate replacement resources first, before we think about banning anything further. Legislation that’s been approved, and other bills pending, are creating a dangerous energy supply gap, causing prices to soar, and costing the state hundreds if not thousands of decent jobs.”
