Senate Bill S9046

                                 
BILL NUMBER: S9046     Revised 2/11/2026

SPONSOR: HELMING
 
TITLE OF BILL:

An act to amend the executive law, in relation to creating an exception
for zero on-site greenhouse gas emissions in the uniform fire prevention
and building code

 
PURPOSE:

To allow building projects that were issued a building permit before
January 1, 2027, to continue with construction or otherwise work without
being subjected to the provisions of subdivision 19 of section 378 of
the executive law, the All-Electric Building Act

 
SUMMARY OF PROVISIONS:

Section 1: Provides that construction, repair, alteration, addition,
relocation, or change in occupancy or use of any buildings for those
buildings issued a building permit prior to January 1, 2027, will not be
subject to the provisions of subdivision 19 of section 378 of the execu-
              

tive law.

Section 2: Sets the effective date

 
JUSTIFICATION:

Signed into law in 2023, the All-Electric Building Act has created
significant strain and uncertainty for developers, homeowners, and local
governments across New York State. At a time when the state's electric
grid faces capacity limitations and reliability concerns, this mandate
threatens to slow new housing projects, exacerbate housing shortages,
and increase costs for people already struggling with housing afforda-
bility.

New York is comprised of diverse communities with varying energy needs
and unequal access to reliable electric infrastructure. A uniform
mandate requiring all new buildings to rely exclusively on electric
systems is not feasible in many regions, particularly in rural and
upstate areas where grid capacity remains limited. As a result, projects
that were planned, financed, and permitted under existing law now face
costly redesigns, construction delays, and regulatory confusion.

While implementation of the All-Electric Building Act is paused, it is
unreasonable to require compliance with a mandate that is both costly
and impractical for projects already underway. This legislation clari-
fies that compliance with the all-electric building requirements is
waived for any project issued a building permit prior to January 1,
2027. Doing so allows projects to continue without disruption and
provides regulatory certainty and stability while this matter is settled
in the courts, and the Legislature considers permanent statutory chang-
es.

Allowing existing projects to move forward uninterrupted is a common-
sense approach that protects good-faith investments, reduces uncertainty
in the housing market, and helps improve the pace of housing
construction statewide. Compliance with the All-Electric mandate is
unattainable due to a lack of electric capacity. Rather than advancing
implementation of goals and benchmarks that cannot currently be met, the
Legislature must pass this legislation to avoid further harm to munici-
palities, future homeowners, and the construction industry while broader
policy and legal issues are resolved.

 
LEGISLATIVE HISTORY:

New bill

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.