Gov. Kathy Hochul has delayed implementation of a controversial all-electric building law that was set to take effect on Jan.1 of next year. 

Hochul signed the bill into law in 2023. It requires new construction buildings that are below seven stories tall have electric heat and appliances. The law also applied to commercial buildings with 100,000 square feet or more. The law would then expand to include taller residential buildings and commercial building in 2029. 

The law included several exemptions, including for restaurants, hospitals and more. Existing structures were not covered by the new law – only new developments. 

Wednesday, however, attorneys for the state agreed to suspend the law’s implementation until an appeals court rules on a lawsuit filed by various trade groups and unions who challenged it. A judge initially ruled against them in July, and they are now appealing. 

“A sad day for New York state”

Environmentalists and advocates are blasting the decision to delay implementation of the law.

It comes on the heels of the state also approving the Williams-Northeast Supply Enhancement (NESE) underwater gas pipeline proposal, which had previously been rejected due to environmental concerns. The pipeline would deliver gas from Pennsylvania to New York City and beyond and would run under the New York harbor. 

“New Yorkers will pay a terrible price for Hochul’s betrayal of our needs and interests: higher energy bills, dirty water, polluted air and a more dangerous climate. Hochul’s betrayal further locks New York into a costly reliance on dirty fossil fuels, promoting fracking, while threatening our health, our communities, and our environment,” said Eric Weltman of Food & Water Watch. 

“Gov. Hochul seems to be saying that climate and environmental justice space is what’s going to be sacrificed, and we can’t possibly allow that to happen,” New York City Comptroller Brad Lander said. 

Lander called it “deeply disappointing” and called on Hochul to implement the law without delay. 

“It is a sad day for New York state. I cannot stop thinking about how many years, years have been spent on research, scientific, economic, global best practices. Years of state taxpayer money, years of grant money and research and time and expertise, all to be thrown in the garbage because of fearmongering,” said Assemblymember Emily Gallagher.

Governor “remains committed” to the law, spokesperson says

Hochul’s camp said the delay was only to allow the appeal to play out. 

“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. Governor Hochul remains resolved to providing more affordable, reliable, and sustainable energy for New Yorkers,” said Ken Lovett, Hochul’s senior communications advisor on energy and environment. 

Rep. Elise Stefanik, who recently announced she’s running for governor, took aim at Hochul. 

“Kathy Hochul is lying to New Yorkers. She wants them to believe there will not be a gas stove ban and all-electric mandate policies that will absolutely crush New York’s economy and cause a skyrocketing of prices further worsening the affordability crisis. This is a cynical political ‘pause’ so she can screw New Yorkers with higher prices after the election,” the Republican congresswoman said in a statement. “Just like congestion pricing, when Hochul lied to voters before the election and then immediately raised taxes on workers and commuters, she thinks New Yorkers are stupid and won’t notice this desperate political ploy.”