Governor Hochul Conducts the Bidding of the Oil and Gas Industry to Delay Implementation of All Electric Building Law

Despite success in U.S. District Court, Governor Hochul slow rolls her own energy affordability agenda

Contacts

Nydia Gutiérrez, ngutierrez@earthjustice.org

Today, Attorneys for New York State agreed in a stipulation filed in U.S. District Court in Albany to delay the implementation of the All-Electric Buildings Law (AEBL) regulations until the Second Circuit U.S. Court of Appeals makes its decision on a lawsuit filed 2 years ago. The lawsuit is an effort to invalidate the law, which phases out combustion in new buildings and lowers energy bills for New Yorkers. The state continues to defend the law, but after opposing delay in a filing just last month, today agreed to delay the law until all appeals are concluded.

The following statement can be attributed to Liz Moran, New York Policy Advocate for Earthjustice:

“Today’s announcement to agree to delay New York’s All Electric Building Law is a betrayal of Governor Hochul’s own commitment to address energy affordability and protect the climate for New Yorkers. Just last month, the State of New York rightfully said in court that New Yorkers would ‘suffer irreparable harm if the Code amendments are delayed from taking effect.’ Agreeing to a delay the administration previously opposed, while getting nothing for New Yorkers in return, is nothing short of a handout to wealthy corporate polluters while families are left suffering from higher and higher energy bills.”

Background information:

In July, the United States District Court of the Northern District of New York ruled that New York has the power to enact the All-Electric Building Act. Passed in 2023, the All-Electric Buildings Law (AEBL) requires newly constructed single-family and low-rise buildings to be all-electric by 2026 with appliances like energy efficient heat pumps for heating, cooling, and hot water, and all remaining new construction to be fully-electric by 2029.

Despite signing the law, and the successes in court, Governor Hochul recently stated that she was considering delaying its Jan 1st start date, further undermining her energy affordability agenda and New York’s landmark Climate Law. Under the AEBL, families living in new all-electric homes could save an estimated $1,080 per year, on average, compared to homes fueled by gas and oil, according to a report from Switchbox. In rural parts of the state with no gas distribution network where homes instead burn oil, new homes equipped with heat pumps could save an average of $2,650 per year. Switchbox’s newest report confirms that New York State’s energy grid has more than enough capacity to handle new all-electric buildings.

Research shows that getting off fossil fuels and going all electric over the next 30 years is a net-positive jobs creator, creating more than 200,000 new jobs in the buildings sector. And it’s better for our health: burning gas in our homes is highly polluting and causes severe respiratory illness. Data shows that 19% of childhood asthma in New York can be attributed to gas stoves, and low income and public housing residents who often live in small and poorly ventilated dwellings bear a disproportionate burden of the impacts.

With examples from the NYS, NYC, and California cases, it’s clear that fossil fuel interests are willing to ignore consumer energy bill affordability and public health progress to continue pushing for their own major profits.

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