In the recently passed NYS Budget there was a measure included that people refer to as “all-electric buildings,” which is creating confusion as it relates to the energy space. I would like to share my perspective, based on what was passed into law vs. what is being shared in the public domain.

The recent headlines saying that people are having their gas stoves taken away created quite a stir, but once again I ask people to read beyond the headlines to get the accurate bigger picture.

There is a bill that was proposed in the Legislature called the All-Electric Buildings Act, to be clear, that bill is not what was passed in the final enacted NYS Budget.

For starters, I do believe that climate change is real.  I also believe we need to responsibly move away from fossil fuels in a timely manner.  Finally, I do think we need to provide options for individuals to participate at their comfort level and that starts with education, encouragement, and incentivization.  Mandates, a time-honored tradition in government have proven to be ineffective at times and in today’s environment are a recipe for disaster along with defeating what should be our common goals to ensure a better environment for those here today and for future generations.

The legislation passed in the budget, which you can find here, starts at Part QQ, gets to the All-Electric Part at Part RR and speaks to enhanced renewable energy options at Part SS.  Just find Part QQ and start scrolling if you are interested in reading the legislation vs. a summary from your media sources. I say this not to dismiss the important role media plays but to reinforce that this is a complex topic that is nuanced.

The All-Electric Building component sets a goal of 2026 to require any NEW construction residential building with seven floors or less to be constructed without the use of fossil fuels, hence the term all- electric although alternative energy sources such as geothermal can be utilized as an example.  This first threshold does not include commercial or industrial NEW construction, therefore the conversation about commercial kitchens not being able to use gas appliances is moot.  Just as importantly, if you or anyone has gas service to your property today, you will have gas service (and therefore appliances) for as long as you, your heirs, or succeeding property owners choose to have such appliances. Your gas stove is safe and no one is coming to take it away.  The legislation does state that in January 2029, all new construction will need to comply with the All-Electric building language but there are many exemptions (such as hospitals and manufacturing) and there are provisions for emergency backup sources that allow fossil fuels if required.

Additionally, there are many exemptions permanently in this language that dispel some myths.  New construction for manufactured homes, manufacturing in general, hospitals, commercial food establishments are just some examples of new construction that will not be subject to the All-Electric requirements. Here is the exact language to see what else is exempted starting off with gas emergency back-up power:

 (i)  for  generation  of  emergency  back-up  power  and standby power
    43  systems;
    44    (ii) in a manufactured home as defined in subdivision seven of section
    45  six hundred one of the executive law; or
    46    (iii) in a building or part of a building that is used as  a  manufac-
    47  turing  facility,  commercial  food establishment, laboratory, car wash,
    48  laundromat, hospital, other medical facility,  critical  infrastructure,
    49  including but not limited to emergency management facilities, wastewater
    50  treatment  facilities, and water treatment and pumping facilities, agri-
    51  cultural building, fuel cell system, or crematorium, as such  terms  are
    52  defined by the code council.
    53    (c)  Where the code includes an allowed exemption pursuant to subpara-
    54  graph (i) or (iii) of paragraph (b)  of  this  subdivision,  other  than

        S. 4006--C                         132                        A. 3006--C
 
     1  agricultural  buildings  as defined by the council, such exemption shall
     2  include provisions that, to the fullest extent feasible, limit  the  use
     3  of  fossil-fuel equipment and building systems to the system and area of
     4  the building for which a prohibition on fossil-fuel equipment and build-
     5  ing  systems  is  infeasible;  require  the area or service within a new
     6  building where fossil-fuel equipment and building systems are  installed
     7  be electrification ready, except with respect to servicing manufacturing
     8  or  industrial  processes;  and  minimize emissions from the fossil-fuel
     9  equipment and building systems that are allowed  to  be  used,  provided
    10  that  the provisions set forth in this paragraph do not adversely affect
    11  health, safety, security, or fire protection.  Financial  considerations
    12  shall  not be sufficient basis to determine physical or technical infea-
    13  sibility.

What is most important is that the new timelines have a provision in place that I think is not being shared in the overall conversation – there needs to be a reliable source of energy to ensure that we will have an adequate supply, which makes perfect sense.  The policy requires the PSC to work with the local utility company responsible for transmission (e.g. National Grid) to determine if there is an adequate supply.  From my perspective, I find this to be the most important part of the legislation as I have heard from hundreds of residents who believe in climate change and the need to move off fossil fuels however, they want a balanced approach.  This provision seeks a balanced approach and attains what I have advocated for in this budget in that we have a sustainable, reliable, resilient, and affordable distribution of renewable energy throughout a region before new construction is required to follow this requirement.  It is truly a balanced approach that makes good common sense.

For those truly concerned about the environment, I invite you to follow the real-time dashboard of the NYS ISO which is the independent entity that monitors 24/7/365 the distribution of energy throughout the state of New York. You can find the website here.  If one is serious about attaining the goals that have been advocated by many, one must monitor this site as I do once a week to see how much renewable energy is being produced.  Suffice it to say, we have a long way to go with some estimates of 2040 before truly All-Electric can be a reality which is why we continue to push for more options such as offshore wind, hydroelectric, solar etc. In this budget, there is a provision to (in Part SS) establish a process for NYPA to expand its portfolio of renewable energy products either on its own or as I have advocated for, in coordination with private developers.  The reality is we need an ALL-HANDS-ON-DECK approach to build up our renewable energy portfolio to reduce our dependence on fossil fuels.

The bottom line is this- New Construction in the future will yield developments of all-electric homes.  For those who have gas services today and in the future, you can keep your gas stoves.  No one is coming to take it away.