Background on the All-Electric Buildings Law
As previously reported, New York State adopted its All-Electric Buildings Law in 2024, which added requirements to the NYS Energy Law for new construction. That new law prohibited the installation of fossil-fuel burning equipment in building systems in any new buildings seven stories or less in height. This prohibition was set to begin on January 1, 2026. Commercial or industrial buildings larger than 100,000 square feet are exempt from the prohibition until 2029. Beginning on January 1, 2029, all new buildings will be subject to the fossil-fuel equipment prohibition with few exemptions.
Connection to the CLCPA
This law was enacted in furtherance of the State’s Climate Leadership and Community Protection Act (CLCPA), which mandates the State to achieve a carbon free electricity system by 2040 and reduce the State’s total emissions 85% by 2050.
Legal Challenge and Court Proceedings
A group of trade and labor industry members appealed the All-Electric Buildings Law arguing that it was pre-empted by federal law and violated the Energy Policy and Conservation Act (EPCA) (42 U.S.C. §§ 6201-6422). (See Mulhern Gas Co. v. Mosley, 1:23-cv-01267 (N.D.N.Y). In July 2025, the Northern District of New York denied summary judgement for the trade and labor groups and concluded that the ban is not pre-empted. The plaintiffs appealed this decision to the Second Circuit.
Stipulation to Suspend Implementation
On November 12, 2025, the parties filed a stipulation agreeing that New York State would suspend the January 1, 2026 effective date for the regulations implementing the prohibition until the Second Circuit rules on the plaintiff’s appeal.
The attorneys at Cuddy & Feder LLP continue to monitor developments in this case.
Questions Regarding the All-Electric Buildings Law for Developers
The All-Electric Buildings Law requires developers to design and plan for electrification in new buildings, particularly for residential developments where natural gas, home heating fuel, and propane will no longer be viable sources of energy for heating and cooling systems. This in turn is creating a market for geothermal and other non-fossil fuel sources as part of new building construction across New York.
How Cuddy & Feder Can Help
With over 50 years of experience representing developers, building owners, and businesses, Cuddy & Feder LLP is well positioned to answer your questions about the CLCPA and recent policy changes regarding the All-Electric Buildings Law and other land use, environmental, and energy concerns. Contact Dan Patrick or Chris Fisher for more information.
