New York State is pausing the implementation of its All-Electric Buildings Act, until a federal judge rules on a challenge made by industry trade groups.
The law, part of New York's climate and carbon reduction goals, was due to go into effect in phases starting January 1, 2026. The first phase would ban natural gas hookups in newly constructed single-family homes and low-rise buildings, and the second phase would cover all new construction starting in 2029.
Governor Kathy Hochul has previously conveyed concern about the implementation of the policy, and other ambitious climate goals laid out in state law. Those have brought legal challenges not just from critics, but also environmental groups who say New York isn't doing enough.
"Today’s announcement to agree to delay New York’s All Electric Building Law is a betrayal of Governor Hochul’s own commitment to address energy affordability and protect the climate for New Yorkers," said Liz Moran, New York policy advocate for Earthjustice, a nonprofit environmental law organization. "Just last month, the State of New York rightfully said in court that New Yorkers would ‘suffer irreparable harm if the Code amendments are delayed from taking effect.’ Agreeing to a delay the administration previously opposed, while getting nothing for New Yorkers in return, is nothing short of a handout to wealthy corporate polluters while families are left suffering from higher and higher energy bills.”
Hochul, through a spokesperson, is said to still support the law originally passed in 2023.
"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," the statement to the media said. "Governor Hochul remains resolved to providing more affordable, reliable, and sustainable energy for New Yorkers."
Republicans have long pushed back against the push to end natural gas in new building construction. They're applauding the pause, but argue it needs to go further.
"While consumers and businesses can breathe a sigh of relief, for now, a temporary delay is not enough," wrote State Senator Patrick Gallivan, an Elma Republican. "As I have argued all along, the state's one-size-fits-all energy mandate is unreliable, unachievable and unaffordable. The requirements will limit consumer choice, drive up construction costs and further strain the state's electric grid. This delay provides an opportunity for the state to re-think its energy policies and develop a plan that is more realistic and affordable."
Earlier in November, opposition started to become bipartisan, when a group of 19 Assembly Democrats, led by Assemblyman Bill Conrad of Tonawanda and Majority Leader Crystal Peoples-Stokes of Buffalo, sent a letter to the governor outlining why a pause was warranted.
In the letter, also co-signed by Assemblyman Pat Burke who represents parts of South Buffalo and outlying suburbs, the Democrats argued that New York's electrical grid would not be able to handle the shift away from natural gas. They cited New York Independent System Operator data, which showed potential shortfalls during peak winter and summer months. They also had concerns about impacts on consumer costs and rates.