(The Center Square) — New York is halting a statewide mandate to build all-electric buildings, as a legal challenge over the new regulations plays out in federal court.
In a new court filing, the Hochul administration said it has agreed to suspend the All-Electric Buildings Act — panned by critics as a “gas stove ban” — while a legal challenge filed by industry groups moves through the appeals process. The law, which bans natural gas and oil heating in most new construction by 2029, was set to take effect on Jan. 1.
New York is among a small handful of states, including California and Washington, that have taken steps to restrict new gas hookups and pipelines as part of climate change policies. But New York is the first state to do so by passing legislation specifically banning fossil fuel-burning appliances. A similar gas ban in Berkley, Calif., was struck down by the 9th U.S. Circuit Court of Appeals following a lawsuit challenging the law.
A coalition of construction and trade groups sued to block the law, saying it conflicts with federal regulations and would drive up costs for businesses and energy consumers.
“The ban presents an existential threat for the small, family-owned businesses in New York that sell, install, and service gas equipment and infrastructure,” the plaintiffs wrote in the legal challenge. “And it threatens the livelihoods of the individuals who work in these fields.”
Democratic Gov. Kathy Hochul has pushed for a ban on new and existing gas hook-ups as part of her environmental agenda, saying the move would improve public health and help reduce the state’s carbon footprint.
“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,” a Hochul spokesperson said in a statement. “Governor Hochul remains resolved to providing more affordable, reliable, and sustainable energy for New Yorkers.”
Environmental groups have been pressuring New York to electrify its buildings, which contribute to a large portion of the state’s excess greenhouse gas emissions that scientists say are contributing to a warmer planet.
But Republican lawmakers and construction industry groups have criticized gas bans as government overreach. They argue the policies punish consumers but do little to blunt the impacts of climate change.
“It is refreshing to see common sense finally prevail here in New York,” Assemblyman Will Barclay, the chamber’s Republican minority leader, said in a statement. “New Yorkers face enough burdens as it is, and removing natural gas, propane and oil as heating options would only drive costs higher. 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,” he added.
Last week, a group of 19 Democratic lawmakers urged Hochul to pause the all-electric building standard, saying it will increase cost for consumers, and put strains on the regional grid.
“While I share the long-term goal of decarbonizing our state, I believe the imminent requirement to mandate all-electric new buildings must be paused pending thorough reassessment of grid reliability, cost impacts, and risk mitigation,” state Assemblyman William Conrad, who led the petition, wrote to the governor.
