Push mounts for delay in 'all-electric' requirement for new buildings, now set to take effect in January
Backers say the new requirment would reduce pollution and the use of fossil fuels and would eventually save consumers on their utility bills. Credit: Barry Sloan
ALBANY — Long Island business groups and some moderate Democrats are leading a push to delay the launch of a state mandate requiring new buildings to be constructed as "all-electric."
In response, Gov. Kathy Hochul is "looking seriously at the issue," a spokesman said Thursday.
The mandate, enacted in 2023, is set to begin Jan. 1, starting with new construction of buildings under seven stories and applying to all others in 2029.
Backers have said it would reduce pollution and the use of fossil fuels and would eventually save consumers on their utility bills. State officials say buildings account for around 30% of the state’s greenhouse gas emissions.
WHAT NEWSDAY FOUND
- Long Island business groups and some moderate Democrats are leading a push to delay the launch of a state mandate requiring new buildings to be constructed as "all-electric," and a spokesman said Gov. Kathy Hochul is "looking seriously at the issue."
- Backers have said the mandate, set to begin Jan. 1 for some buildings, would reduce pollution and the use of fossil fuels and would eventually save consumers on utility bills. State officials say buildings account for around 30% of the state’s greenhouse gas emissions.
- But those asking for the delay say the state’s electric grid and supply chain isn’t ready to handle the switch, citing a recent report from the New York Independent System Operator, which runs the state’s power grid.
But those asking for the delay said the state’s electric grid and supply chain isn’t ready to handle the switch. They cited a recent report from the New York Independent System Operator, which runs the state’s power grid, as well as a consensus that renewable energy projects haven’t come online as fast as New York leaders had hoped, in part due to federal opposition.
"The current implementation date of Jan. 1, 2026, was admirable when decided upon, but it is now unrealistic considering the current policies of the federal government and the progress New York State has made advancing a clean-energy future," the Association for a Better Long Island and the Long Island Builders Institute wrote in a letter to state legislators this week.
The business groups said a "pause represents a responsible and data-driven approach" to ensure an eventual transition to clean energy sources "is both reliable and affordable."
'A different time'
Their effort dovetails with a letter being circulated by Assemb. William Conrad, a Buffalo-area Democrat, asking Hochul to use executive or administrative powers to delay the all-electric implementation. About 10 moderate Democrats, upstate and downstate, support the petition.
"We are living in a different time than when we passed this, and I think we need to be realistic," Assemb. Judy Griffin (D-Rockville Centre), one of the supporters, told Newsday Thursday. "We need to go a little more slowly so we can get it right."
In their letter, the Democratic legislators cite the NYISO report warning that aging power plants, delays in new plants and a huge growth in power demand will pose a threat to electric reliability as soon as next summer.
They also said the mandate might result in more costs for builders — and higher costs for consumers, developers and municipalities.
And adding in the potential loss of food benefits for some because of the ongoing federal government shutdown, Griffin said, there are too many potential burdens right now.
"All the signs point toward being more pragmatic and facing the reality that we all live in," Griffin said. She said the governor could take executive action to temporarily "pause" the law — just like Hochul did with congestion pricing's implementation last June.
Review by Hochul
Hochul has talked openly about adjusting state laws and goals on the energy front in light of changes in the past half decade. Her staff has talked about delaying New York’s renewable energy targets and a phase-out of a law that provides free natural gas connections to new homes, Newsday reported.
Ken Lovett, a Hochul spokesman, said the all-electric mandate is being reviewed too.
"The governor has been clear that her top energy priorities must focus on affordability and ensuring the lights and heat stay on for New Yorkers," Lovett said in an email. "The governor is seriously looking at the issue and welcomes the opportunity to work with any interested parties to reduce all housing cost drivers. That starts by pushing back against what is truly driving up housing costs — the tariffs imposed by Republicans in Washington on building materials like concrete, steel, and household appliances."
A week earlier, when asked about the Jan. 1 launch at a press event in Rochester, Hochul said she was "going to look at this with a very realistic approach."
This comes after a legal challenge to the all-electric mandate failed.
Builders, gas companies, plumbers and even the Northeast Hearth, Patio and Barbecue Association filed a lawsuit arguing lawmakers improperly adopted the mandate in a way that didn’t follow energy-building and fire prevention codes. Last summer, a federal district court in Syracuse dismissed the case.
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