A Court Ruling Does Not Solve New York’s Energy Challenges

]Controversial court decisions have dominated headlines this week, including a federal appeals court ruling that upheld New York’s All-Electric Buildings Act. The 2nd Circuit Court of Appeals determined the law does not conflict with the federal Energy Policy and Conservation Act, allowing the mandate to move forward. 

New Yorkers should be wary, though, this legal victory for the state’s progressives does not amount to a victory for its residents.

The All-Electric Buildings Act was enacted as part of the 2023 state budget and prohibits natural gas hookups in most newly constructed buildings under seven stories, which will be expanded to all new buildings (with some specific exceptions) beginning Jan. 1, 2029. The law was originally scheduled to take effect this past January, but implementation was delayed after gas and construction trade organizations challenged it in federal court, arguing it violated federal energy law.

The court’s decision doesn’t change the realities New Yorkers face. Our state is already struggling with a housing shortage, and requiring all-electric construction will make it more expensive to build the homes we need. We have also received numerous warnings from the New York Independent System Operator about our ill-equipped electric grid, which is unprepared to handle the increased demand.

Consumer choice should not become another casualty of this mandate. Rather than allowing homeowners, businesses and builders to choose the energy source that works best for them, Albany has decided it knows better. This law fails to balance environmental goals with affordability and reliability, instead prioritizing one objective at the expense of the others.

The good news is the legal battle may not be over. Three years ago, the 9th U.S. Circuit Court of Appeals struck down a similar law in California, creating a conflict with this week’s ruling. Because two federal appeals courts have reached different conclusions, the case could ultimately be taken up by the U.S. Supreme Court. Regardless of how the courts ultimately rule, New York cannot ignore the real-world consequences of this mandate.

If you have any questions or comments on this or any other state issue, or if you would like to be added to my mailing list or receive my newsletter, please contact my office. My office can be reached by mail at 19 Canalview Mall, Fulton, NY 13069 and by email at [email protected]. You may also find me, Assemblyman Will Barclay, on Facebook or X at @WillABarclay