BY JEFF CHUDZINSKINorth Country This Week

The new year has arrived but Governor Kathy Hochul's new electric mandate is still on hold. 

Hochul advocated for new laws that would implement electric mandates across the board in New York, with one that would require new construction buildings that are below seven stories tall and commercial buildings with 100,000 square feet or more to have electric heat and appliances. 

But following a ruling against the law last July, Hochul and her camp agreed to delay implementing the law that was slated to go into effect Jan. 1, 2026. 

The law, which was signed into law three years ago, is pending in an Appeals Court. 

Hochul has said she has only delayed the law pending the appeal. 

"The governor remains committed to the all-electric-buildings law and believes this action will help the state defend it, as well as reduce regulatory uncertainty for developers during this period of litigation. Governor Hochul remains resolved to provide more affordable, reliable, and sustainable energy for New Yorkers," said Ken Lovett, Hochul's senior communications advisor on energy and environment.

The law is also expected to include other phases, including one in 2029 that would expand to include taller residential and commercial buildings. 

Exemptions are in place for restaurants, hospitals and some commercial operations. 

Any existing buildings are not included in the law as well, state officials have said.

St. Lawrence County legislators have opposed action by the state to ban fossil fuels in new constructions in a formal resolution dating back as far as 2022.

The plaintiffs’ coalition, including NAHB and the New York State Builders Association (NYSBA), filed a complaint in October 2023 arguing that New York’s legislation is preempted by the Energy Policy and Conservation Act (EPCA), which prevents state and local governments from setting their own standards concerning energy efficiency or energy use of appliances, a report from the NYSBA said. 

“The defendants argued that the plaintiff coalition lacked standing and that the case was not ripe for review. The court denied that motion, explaining that the plaintiffs had an imminent injury from the legislation even though the code council still needed to make amendments to the codes to comply with the legislation.

The court gave the plaintiffs 21 days to show cause as to why it should not enter a judgment in favor of the defendants. The plaintiff coalition is determining how to respond to the court’s request. They are weighing options, including a possible appeal, according to reports.

Separate from the lawsuit the NAHB and NYSBA, in conjunction with other industry associations, submitted a letter in June to Attorney General Pam Bondi to prompt federal action on this ban under President Trump’s Executive Order, “Protecting American Energy from State Overreach.”