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New York’s Building Code Council Set To Implement The “All Electric Buildings Act”
The New York State Building Code Council is implementing the All-Electric Buildings Act, requiring most new buildings to be all-electric starting in 2026. This means new construction will be prohibited from using fossil fuel infrastructure for heating and other building systems. The law will be phased in, with smaller buildings (less than seven stories) required to comply in 2026, and taller buildings following in 2029, with some exceptions.
The new all-electric requirements go into effect in January 2026 for most new buildings. Buildings with seven stories or less will face the requirements first, followed by taller buildings in 2029.
The law applies to most new construction, meaning new single-family homes, small commercial buildings, and low-rise residential buildings. Some exceptions exist, such as for certain commercial kitchens, hospitals, and cases where electric service is not reasonably available.
The move is part of New York’s broader climate action plan to reduce greenhouse gas emissions, as buildings are a major source of emissions in the state. The implementation of the law has faced legal challenges, with some groups arguing it is preempted by federal law, but a federal judge in the Northern District of New York has rejected the argument. An appeal is likely.
“Buildings have 40 percent of our state emissions so by cutting out building emissions, this is going to be an incredible step forward for our environmental goals,” said Assemblymember Emily Gallagher, who added, “This was a real battle to get passed.”
Opponents of the code change said implementation would be costly. “Every new mandate adds cost, delays projects, and prices thousands of New York families out of the market,” said Mike Fazio, executive vice president of the New York State Builders Association.
The statewide rules were based on New York City’s local law mandating electrification in new buildings. The legislature still needs to provide a statutory definition for exemptions where electric service cannot be reasonably provided by the grid.
The State will oversee enforcement of the new code, which will be integrated into the state’s energy code.
Village Of Nyack Passes Zoning Amendment Aimed At Trumping Proximity Waivers
The Village of Nyack voted last week to tweak its zoning code related to cannabis dispensaries. The effort was undertaken as a protective measure in the event that the Office of Cannabis Management (OCM) granted a waiver to a licensee that would allow it to bypass the restriction that would normally prevent a retail dispensary from opening less than 2,000 feet from an existing retail dispensary.
New York State law generally prevents retail dispensaries from opening within 2,000 feet from another retail dispensary in small towns and villages. The zoning code amendment mirrors the state version, but should OCM grant a waiver allowing additional dispensaries in closer proximity, the local zoning code would put the kibosh on the waiver.
Effectively, based on Nyack geography, the 2,000 foot proximity limit would only allow one dispensary to open in the downtown corridor. Treehouse Cannabis sits outside Nyack’s downtown district and is unaffected by the code change. Supreme Leafs has applied for a license at 10 North Broadway, more than 2,000 feet from Treehouse Cannabis.
Medical dispensaries are unaffected by the proximity restrictions. Hudson Health Extracts, opening in the former Starbucks location at 80 Main Street is also unaffected by the zoning amendment.
OCM has declared state law as preempting any local law from imposing unreasonable restrictions on dispensary operations, but a waiver may not be considered a state law. A licensed retail dispensary receiving a proximity waiver in Nyack could challenge the application of the code amendment in court, claiming state law preempts the local zoning code.
Town Of Stony Point Passes Six-Month Moratorium On Construction And Expansion Of Large Homes
The Stony Point Town Board unanimously approved a local law imposing a six-month moratorium on the construction or expansion of homes larger than 6,000 square feet townwide, while it reviews and revamps its zoning code and bulk regulations.
The moratorium also applies to homes over 3,000 square feet on lots smaller than 20,000 square feet.
Supervisor Jim Monaghan said the moratorium is a necessary measure to protect the character of Stony Point’s established neighborhoods. “During the past few years, we have seen an increase in development on smaller lots that has raised valid concerns about overdevelopment, stormwater runoff, traffic and changing the feel of long-established neighborhoods.”
The law provides residents who claim the moratorium imposes an “unreasonable burden” on them with a mechanism to apply to the Town Board for a hardship waiver.
The moratorium will allow the Town to review the Floor Area Ratio (FAR) standards in its bulk tables. FAR is essentially the ratio of how large a home can be compared to the size of the lot. As written, the Town allows FARs between 35% and 40%. For example, a 20,000 square foot lot (considered half-acre zoning) may allow for a 7,000 square foot house.
The six-month window will allow the Town to work with planning experts to revise downward the FAR allowances.
Monaghan noted that the moratorium is intended as a proactive step to ensure responsible growth while town officials conduct a comprehensive review and update of its zoning laws.
