New York’s All-Electric Buildings Act Survives Challenge And May Go Into Effect This Fall

What is New York State’s All-Electric Buildings Act?

The All-Electric Buildings Act is a groundbreaking state law that requires most new buildings to be built with electric heat and appliances instead of oil, propane, or natural gas heat or appliances.¹

The U.S. Court of Appeals for the Second Circuit recently upheld the law after a group of gas and HVAC companies, trade associations, and unions sued to stop it. The plaintiffs claimed federal energy-efficiency laws override New York’s law. But on June 30^th, the Second Circuit ruled that limiting “the type of energy an appliance consumes” is distinct from and not preempted by federal laws that limit “the amount of energy it consumes.”² The court also affirmed New York City’s parallel Local Law 154.