Assemblyman Paul Bologna, R-Clarence, is pictured speaking at an event in Buffalo in September. Bologna is sponsoring legislation that would exempt Upstate New York from the state’s All-Electric Building Act.

A Buffalo-area Republican wants Upstate New York to be exempt from the state’s All-Electric Building Act.

Assemblyman Paul Bologna, R-Clarence, has introduced legislation (A.9189) that would amend the state’s Energy Law and the Executive Law to limit the prohibition on the installation of fossil-fuel equipment and building systems in new building construction to buildings in New York City. Bologna also proposes limiting the requirement of establishing decarbonization action plans for state-owned facilities to those located in New York City.

“Upstate and Western New York residents rely on diverse energy sources – including natural gas, propane, and heating oil- due to colder climates, limited grid capacity, and a lack of large-scale renewable alternatives,” Bologna wrote in his legislative justification. “In addition, building logistics and schematics differ significantly in rural areas of Upstate and Western New York compared to those in densely populated New York City. The state’s one-size-fits-all electrification mandate ignores these realities, jeopardizing housing affordability, energy reliability, and economic competitiveness in rural and suburban communities.”

Bologna said Upstate and Western New York residents rely on diverse energy sources – including natural gas, propane, and heating oil – due to colder climates, limited grid capacity and a lack of large-scale renewable alternatives. Building logistics and schematics differ significantly in rural areas of Upstate and Western New York compared to those in densely populated New York City. If the state wins the federal court case that seeks to declare the All-Electric Building Act unconstitutional, it could jeopardize housing affordability, energy reliability and economic competitiveness in rural and suburban communities.

“Energy policy should empower, not punish, New Yorkers. This bill ensures that Upstate families and businesses retain the freedom to choose reliable, affordable, and locally suitable energy sources,” Bologna wrote.

Bologna’s legislation comes amidst growing unease in rural areas regarding the All-Electric Building Act, enforcement of which has been delayed while a federal court case is heard. Republicans have been pushing back on the All-Electric Building Act over the past several months, and in most years legislation like Bologna’s would be considered a long-shot. But his proposal comes as Hochul herself has said publicly that she is weighing affordability for both housing and electricity and roughly a month after at least 10 moderate Assembly Democrats have said they will sign a letter to Kathy Hochul asking the governor to roll back the all-electric building requirement, according to Spectrum News. Assemblymembers William Conrad, John McDonald III, William Magnarelli, Carrie Woerner, Judy Griffin, Paula Kay, Sam Berger and Simcha Eichenstein signed the letter, which states states declining reliability margins on the electric grid and reliability shortfalls in New York City as reasons to delay the act further – similar concerns raised by Bologna and Republicans. The Democrats’ letter also asked for stress testing of the power grid under high-electrification scenarios; cost and rate impact studies on consumers, developers and municipalities; phase-in strategies and other ways to lessen the potential load on the electric grid, acceleration of clean energy projects, transmission, storage and permitting reforms before imposing blanket all-electric electrification requirements; and further public review.

“A pause is not a rejection of decarbonization goals,” Conrad wrote. “It is a prudent measure to ensure we do not jeopardize system reliability, impose runaway costs or force unintended consequences on citizens and businesses. As we know, New York state is already facing a housing crisis. These all-electric new building mandate timelines will disincentivize new housing projects and aggravate the housing crisis across the state, slowing much-needed housing production and driving up construction costs just as the state is striving to increase supply and improve affordability.”

Bologna’s bill also comes as the Energy Choice Act has officially passed out of the House Energy Subcommittee. The federal legislation supported by Rep. Nick Langworthy, R-23, prohibits state and local governments from banning certain sources of energy and safeguards Americans’ freedom to choose the most affordable and reliable energy sources for their families, advanced with strong support and now heads to the full Energy & Commerce Committee for consideration. So far 200 local governments have passed resolutions in support of the Energy Choice Act, which has garnered 124 co-sponsors in the House from dozens of states.

“There is zero doubt that after the election, Governor Hochul will pull the rug out from New Yorkers and implement her law — that’s why it’s more important than ever to pass my Energy Choice Act to ensure that New Yorkers have federal protections against this radical, dangerous ban. New York is already on its knees facing the worst affordability crisis in the nation — this would send us off the cliff with no return,” Langworthy said last week.