Cities are striving to transform their streets into places that utilize renewable energy or, at the very least, do everything possible to reduce pollution levels. This explains the growing momentum in New York City for electric buildings. However, the U.S. House Energy and Commerce Committee approved federal legislation on Wednesday that seeks to overturn New York’s pending ban on natural gas in the construction of new buildings and homes. This has abruptly halted the bill’s passage in its final stages, causing a delay of at least a year. In any case, the Energy Choice Act could still be considered by the full House of Representatives.
The legislation, approved by committee by a vote of 24 to 21, was introduced by Republican Representative Nick Langworthy of Western New York
To provide some context, New York’s All-Electric Buildings Act marked a turning point in the state’s trajectory. In its efforts to produce clean energy and reduce the harmful effects of climate change on our environment, New York was in the process of passing an all-electric buildings law that would reduce fossil fuel consumption at the residential level. The legislation, approved by committee by a vote of 24 to 21, was introduced by Republican Representative Nick Langworthy of Western New York in response to the state’s All-Electric Buildings Act, which was included in the 2023 state budget and was scheduled to prohibit new gas connections in new buildings under seven stories, effective January 1.
Its goal was to install energy-efficient appliances in all buildings to reduce fossil fuel consumption
The law’s imminent implementation date has been delayed after state attorneys agreed in a November court filing to postpone its enactment until the U.S. Court of Appeals for the Second Circuit issues a ruling. The bill, signed by Democratic Governor Kathy Hochul in 2023, was already in its final stages. Its goal was to install energy-efficient appliances in all buildings to reduce fossil fuel consumption, such as using heat pumps instead of gases like propane, which are harmful to the environment and public health. Governor Hochul and other environmental groups have stated that the bill aligns with her clean energy goals and addresses a significant portion of the state’s emissions.
The All-Electric Buildings Act has recently come under renewed scrutiny due to rising construction costs at a time when affordable housing is already limited
It is true that citizens had high hopes for the new law, but no one could have anticipated the series of events that would follow. Gas and construction industry groups sued to block the law two years ago, arguing that it violates federal regulations governing gas appliances. Specifically, they argued that, under federal law, the state does not have the power to prohibit the use of fossil fuels. The All-Electric Buildings Act has recently come under renewed scrutiny due to rising construction costs at a time when affordable housing is already limited, as well as the potential strain on the future electrical grid. The New York State Association of Builders has opposed this measure.
Although the court initially ruled in favor of the state earlier this year, the plaintiffs subsequently appealed, insisting that the law be suspended while they pursued the previous decision. The reality is that the law’s imminent effective date has been delayed after state lawyers agreed in a court document in November to postpone its implementation until the U.S. Court of Appeals for the Second Circuit issued a ruling. Ultimately, for the state to succeed with this project, they would have to convince a district judge to suspend a law passed through a democratic process. But first, they must win the appeals. This is a matter that will likely take longer than anticipated, but we will have to wait to see how it ultimately plays out.