Jan 19

New York Delays All-Electric Building Mandate

The New York All-Electric Buildings Act has been widely debated by residents, developers and environmental advocates with many opposing view points. Originally scheduled to begin on January 1, 2026, the mandate has been officially delayed.

This pause comes as the result of a legal stipulation between the state and a coalition of trade groups, unions, and builders.

1. Why the Delay?

The delay is tied to an ongoing lawsuit in the U.S. Court of Appeals for the Second Circuit.

  • The Legal Argument: Plaintiffs (including the National Association of Home Builders) argue that New York’s state-level ban is preempted by the federal Energy Policy and Conservation Act (EPCA).
  • The Court’s Stance: While a lower court originally upheld the law in July 2025, the state agreed in November 2025 to suspend enforcement until the appellate court issues a final ruling. This move is intended to reduce “regulatory uncertainty” for developers during the litigation.

2. What This Means for 2026 Construction

As of now, the “gas ban” is not being enforced for new projects.

  • No Change on January 1: The mandate for new buildings under seven stories to be all-electric is currently paused.
  • Permit Flexibility: Developers can proceed with projects using natural gas or other fossil fuel hookups under existing building codes for the time being.
  • Duration of the Pause: The suspension will remain in effect until 120 days after the Second Circuit Court of Appeals issues its decision. If the case moves to the U.S. Supreme Court, the delay could extend much longer.

3. Does This Affect New York City?

It is important to distinguish between the state law and the city law. The reason the state delay hasn’t stopped NYC is due to separate legal tracks. In New York City, the impact of the state-level delay is unique. While the New York All-Electric Buildings Act (the state law) is currently suspended, NYC’s own version—Local Law 154—remains fully in effect and active.

  • NYC Local Law 154: This city-level “gas ban” remains in effect. It currently applies to new buildings under seven stories in New York City. The state-level delay does not automatically pause the NYC mandate, though similar legal challenges are being heard concurrently.

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