Building upgrades underway (photo: Mike Groll/Governor's Office)

This year, New York became the first state to mandate zero emission construction in new buildings through the enacted state budget for 2024. Starting in 2025, the state building code will prohibit the installation of fossil-fuel equipment in most new construction and as of 2028 for almost all new construction.

This was the third law enacted since 2019 that requires the New York State Building Code Council to update the state’s Building and Energy Codes in order to achieve the State’s carbon emission reduction goals. Buildings are the single greatest source of greenhouse gas pollution in New York State. Reducing greenhouse gas pollution from the building sector is vital to achieving those goals.

The Building Code Council, whose members are appointed by Governor Kathy Hochul, are required by law to periodically update the building code to reflect the new standards and policies established since the last building code update. These updates only happen every five years. 

This year, the Department of State’s Division of Building Codes and Standards (DOS) has been drafting the 2024 Building Code Update, which will go into effect in 2025. The Building Code Council is reviewing DOS’ draft updates to ensure that it includes all the new standards and policies that have been established since the last update in 2020, and they will vote to approve the 2024 Building Code update.

To date, the draft 2024 Building Code Update has failed to comply with New York’s electrification and energy efficiency laws by not including the electrification of new construction as required by the All-Electric Buildings Act nor the requirement that new construction be energy efficient and resilient under the Advanced Building Code and Standards Act.

The Climate Leadership and Community Protection Act of 2019 (CLCPA) requires DOS and the Building Code Council to determine if the 2024 Building Code Update will interfere with attaining the State’s greenhouse gas reduction targets. If it will, they must write a detailed statement of justification as to why they are approving a Building Code Update that will interfere with attaining such targets. DOS and the Building Code Council have not made such a determination.

The CLCPA required a report to be created that identifies all of the barriers and opportunities that New York’s disadvantaged communities have to eliminate greenhouse gas pollution. This report identified several barriers and opportunities related to the State’s building code. The Building Code Council is prohibited by law from approving the 2024 Building Code Update if it disproportionately burdens disadvantaged communities with greenhouse gas pollution. DOS and the Building Code Council have not updated the code to reflect the findings of the report.

Electrification is bound to make New York truly light up, creating a win-win-win scenario for renters, landlords, and contractors.

More and more people are renting their homes in New York. A report from the Office of the New York State Comptroller found that the percentage of renters had increased by 5.7 points from 2008 to 2017 – and this number is only growing. Nationwide, rental rates have increased by 31% over 10 years.

This growing rental market is increasingly demanding green housing. Two-thirds of renters say they want green and energy efficient homes, with 40% saying they would not rent a property that does not have green practices.

And it’s clear why. Electrification can save renters money, while also making their living space cleaner and greener.

According to the U.S. Energy Information Administration, 51% of a home’s energy consumption each year is for heating and cooling. With energy-efficient heat pumps heating and cooling renters’ spaces, they will automatically see savings on their energy bills. And this is just one example of how electric appliances can improve lives.

Healthwise, switching to an electric induction stove reduces the number of harmful pollutants emitted into the living space. A recent study showed that 35% of U.S. households are at increased risk of asthma due to having gas stoves. Who wouldn’t want to breathe cleaner air day-in and day-out in their home?

Landlords and contractors can now begin to save on purchasing electric appliances for residential spaces. With the federal Inflation Reduction Act, $43 billion in tax breaks and rebates has been set aside to bring down the cost of electric appliances and electric vehicles. This is money that will soon be up for grabs so landlords and contractors can embrace electrification.

Not to mention, with more renters demanding green living spaces, swapping out old appliances for electric ones automatically gives landlords a competitive advantage over rental properties.

Some landlords and contractors are already making the switch over to electric, anticipating this impending transition. Right now, a 110,000-square-foot zero-emission apartment building is being built on Broadway in Albany. Once completed, this space will feature fully electrified systems, including air-source heat pumps for heating and cooling.

It’s obvious why the Council must comply with the state’s electrification and energy efficiency laws to change the building code to reflect what New Yorkers want.

The Council chair has stated that the Council won’t update the code for electrification unless the Legislature requires it to do so. However, there are three laws that require the Council to consider the state’s greenhouse gas reduction targets before updating the building code: N.Y. Energy Law § 11-104 and the Scoping Plan set by the Climate Action Council, mandated by the CLCPA.

We must hold Governor Hochul and the Building Code Council accountable to ensure they include in their 2024 update to state building codes, at a minimum, a prohibition of fossil fuel combustion systems in newly-constructed buildings and a requirement that new construction is energy efficient and resilient. They must also consider if the 2024 Building Code Update will interfere with the State attaining its greenhouse gas reduction goals and, if so, make changes to be in alignment with such targets.

New York cannot wait until the next building code update in 2030. Give New Yorkers what they want. Give them all-electric buildings now.

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Michael Hernandez is the New York policy director for Rewiring America, where he leads efforts to influence state policy initiatives to accelerate the transition to demand-side electrification as the most tangible and common-sense strategy for addressing the climate crisis. On Twitter @rewiringamerica.