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Federal appeals court sides with New York State on all-electric buildings mandate

The decision says the state has the power to enact building electrification laws

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Buffalo, N.Y. (WBEN) - A recent ruling from a federal appeals court sides with New York State with its highly debated all-electrification push.

According to a ruling from the U.S. Court of Appeals for the Second Circuit on Tuesday, the challenged All-Electric Buildings Act by a group of gas and construction trade associations and unions does not interfere with the 1975 Energy Policy and Conservation Act (EPCA), thus allowing the state to enact building electrification laws.


"Interpreting preemption provisions in federal statutes requires ascertaining Congress’s intent. EPCA, a statute that at its heart promotes national energy conservation goals, does not preclude these particular state and local efforts to regulate the use of fossil fuels," said the court in its ruling.

The All-Electric Buildings Act was a bill originally set to take effect Jan. 1, 2026 that would ban natural gas hookups in new builds under seven stories tall, requiring those buildings to use electric heat and appliances.

Due to the lawsuit, the state had agreed to push back the All-Electric Buildings Act in November until a decision from the courts was handed down.

The decision says the state has the power to enact building electrification laws