Last month, pending the appeal of a lawsuit commenced in the U.S. District for the Northern District of New York, New York State agreed to suspend implementation of the All-Electric Buildings Act until 120 days after resolution of the constitutional challenge brought by a coalition of builder associations and labor unions. Through the All-Electric Buildings Act, New York was to become the first state to implement a statewide ban on natural gas and heating oil equipment in new construction projects, including single family residences. Instead, the requirement that most new construction buildings contain all-electric space heating, water heating and cooking appliances will not be enforced until the legal dispute is resolved.
For municipalities, zoning officers, and code officers, this pause will mean business as usual for the foreseeable future. Municipalities are able to continue to issue building permits for new construction buildings, regardless of whether or not those buildings comply with the All-Electric Buildings Act, until approximately 4 months after the Second Circuit Court of Appeals determines whether the law is constitutional.