New York State’s building stock remains heavily reliant on the on-site burning of fossil fuels for various end uses, particularly space and water heating. Such use contributes to continued local air quality problems, as well as global climate change. Even as the state has made incremental steps in addressing New York buildings’ pollution impacts, and has proposed a cap-and-invest program to promote economy-wide decarbonization, significantly more work remains to be done to meet the state’s legal obligations and the scientific realities of climate change and public health harms. Zero-emission appliance and equipment standards are another tool the state should consider pursuing, as called for by the 2022 Climate Scoping Plan. Living examples of zero-emission policies have been developed in California (and others are emerging elsewhere). This policy paper explores these examples and traces New York’s legal authority to implement a similar zero-emission appliance program under current law. We find no substantial legal barriers to New York’s taking swift action to mitigate New York buildings’ negative effects on public health and the environment.
