BY JIMMY LAWTONNorth Country This Week

CANTON — A recent federal appeals court ruling could eventually affect requirements for new construction in Canton, according to an update provided by Canton Code Officer Michael McQuade.

McQuade included information about New York’s All-Electric Buildings Act in his August report to the town, noting that the U.S. Second Circuit Court of Appeals had ruled that the law does not violate federal law.

The legislation was included in the state budget in 2023 and would ban new gas hookups in new buildings under seven stories, with the mandate extending to other buildings constructed after Jan. 1, 2029, McQuade reported. The law does not require existing buildings to remove or replace fossil-fuel equipment.

Gas and construction trade groups had challenged the law, arguing that it conflicted with federal rules governing gas appliances. The Second Circuit ruled that the challenged laws are not preempted by the federal Energy Policy and Conservation Act.

The ruling does not mean the new requirements are currently being enforced.

McQuade included a New York State Department of State update stating that implementation and enforcement of the 2025 provisions of the Energy Code and Uniform Code that prohibit the installation of fossil-fuel equipment and building systems in new buildings “continues to be suspended by the Court Order” and that the provisions are “neither effective nor enforceable.”

McQuade said the issue could affect future new construction.

The state Department of State said it will continue to monitor the case and provide updates.

For Canton, the immediate effect of the federal ruling is limited because the state provisions covered by the Department of State notice remain suspended.

The issue could become more significant for future construction if the suspended provisions are eventually allowed to take effect.

The issue has drawn opposition across the North Country. St. Lawrence County legislators previously took a formal position against the legislation, citing concerns about its impact on residents and businesses.

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