New York Needs Building Code Update for Electrification

Time is ticking on state officials to update the building code or risk delays in implementing a mandate for new buildings.

New York law will require new buildings to be all electric starting on January 1, 2026, but the state has yet to update its building code to reflect the mandate passed nearly two years ago, New York Focus reported.

The State Fire Prevention and Building Code Council, responsible for updating the code every five years, postponed its meeting to vote on updated rules multiple times. The next meeting is scheduled for Feb. 28.

Governor Kathy Hochul has expressed concerns about the transition costs, stating the need to implement the changes “in a way that makes sense.”

Climate advocates fear the state may be deliberately slowing action, especially following Hochul’s delays to congestion pricing and the carbon pricing program.

Assemblymember Emily Gallagher, who sponsored the law, criticized the delays, stating that “New York cannot be constantly questioning and backtracking on key goals, plans and legislation.”

The building code update faces opposition from various industry groups. The heating oil industry has lobbied regulators throughout 2024, while some building trade unions filed a federal lawsuit challenging the law, a case that remains pending.

Michael Fazio of the New York State Builders Association worries the mandate will increase housing costs. He’s pushing for “reasonable grandfathering” of projects already in development.

Proponents of the mandate, however, point to evidence suggesting all-electric homes may actually be cheaper to build. A 2022 analysis from the New Buildings Institute found that an all-electric single-family home in New York cost about $8,000 less upfront to build than a home using mixed-fuel alternatives.

New York City, which already implemented similar requirements for buildings under eight stories, experienced a smooth transition, according to John Mandyck of the Urban Green Council. He noted that “the market has moved on” and many developers are going all-electric regardless of requirements.

The state law would ban fossil fuel appliances in new residential buildings seven stories and below beginning in January, extending to taller buildings in 2029.

— Holden Walter-Warner