This week’s Passive House sweep
- New York all-electric start date still uncertain
- DC Council passes net zero bridge measure
- EmPOWER Maryland 2027 programs go before regulators
- BGE heat pump water heater coupon ends Oct 31
- Phius publishes whole-life carbon paper
ExtraReach is still in the planning stage. This week’s sweep (roughly October 19–26) is mostly about dates: two all-electric rules that won’t switch on October 28 after all, Maryland’s efficiency programs heading into 2027, and a utility coupon that ends this week. The Passive House Institute US (Phius) also has a new paper on carbon.
New York all-electric start date still uncertain
On August 26, the U.S. Court of Appeals for the Second Circuit declined to rehear the challenge to New York’s all-electric rules for new buildings. That leaves in place its June ruling that federal appliance law doesn’t preempt the state law or New York City’s version. The challengers have said they may ask the U.S. Supreme Court to take the case. Columbia’s Sabin Center and the Climate Litigation Database put the deadline for that petition at November 24, 2026. One law-firm alert gave earlier dates of October 26 for the petition and October 28 for the state law taking effect.
The state law remains on hold for now. We couldn’t confirm whether a petition has been filed, and the start date depends on that. As written, the state rules cover new buildings up to seven stories first, with taller buildings following in 2029. New York City’s Local Law 154 has been in effect since January 2024.
Treat New York’s statewide start date as unsettled. We’ll check again after November 24.
Sources: Climate Litigation Database case page · Sabin Center litigation update · Barclay Damon alert
DC Council passes net zero bridge measure
Updated Nov 3, 2026: the Mayor signed the emergency act on October 29 (Act A26-0457), and we corrected how we described its net-zero exemption.
DC’s temporary Net Zero Continuity act (B26-0768) was signed on October 16 as Act A26-0430. The Council also passed an emergency version (B26-0847) 13–0, and it went to the Mayor on October 19 with a response due November 2. The Mayor signed it on October 29 as Act A26-0457. It took effect on signing and runs through January 27, 2027.
The rules cover publicly owned or publicly financed residential projects over 10,000 square feet. Under the enrolled emergency act, District-financed new housing still has to meet DC’s net-zero energy standard. Only the renewable-energy share is deferred until DC’s final net-zero rules take effect, which are due by December 31, 2027. The act’s net-zero definition still calls for renewable energy to be generated on site wherever feasible.
According to guidance from the DC Department of Energy and Environment (DOEE), projects that applied for permits from June 30 through October 28 still had to be all-electric and certified to Enterprise Green Communities, a green standard for affordable housing. Separately, DC plans to require all-electric heating and hot water for new commercial-code buildings over 10,000 square feet on permit applications filed after December 31, 2026.
With the emergency act signed, October 28 isn’t a hard cutoff. Publicly financed housing still has to reach net zero, with only the renewable-energy share deferred. This matters for publicly funded projects like The Faircliff, not private single-family homes.
Sources: B26-0768 status · B26-0847 status · B26-0847 on the DC Council site · B26-0847 enrolled text (PDF) · DOEE residential guidance (PDF) · DC Department of Buildings energy page
EmPOWER Maryland 2027 programs go before regulators
The Maryland Public Service Commission (PSC) scheduled hearings on the 2027–2029 EmPOWER Maryland program (Case No. 9890) for October 26–29 in Baltimore. EmPOWER is the state’s utility-funded efficiency program. Maryland’s new Utility RELIEF Act lowers its savings targets for 2027–2029 and aims to cut the EmPOWER surcharge on customer bills. The utilities filed two scenarios each, and the PSC will choose between them after the hearings.
Incentives may get smaller in 2027. We won’t quote 2027 rebate amounts until the PSC decides.
Sources: Maryland PSC hearing calendar · NEEP on the Utility RELIEF Act · Utility proposals
BGE heat pump water heater coupon ends Oct 31
Baltimore Gas and Electric (BGE) says its instant coupon for heat pump water heaters, worth up to $1,600 on select models, ends October 31. The mail-in rebate stays open for 2026 purchases, with applications due by December 31. In Pepco’s Home Performance with ENERGY STAR program, contractors need an approved reservation by December 31. Projects without one go to “pending” while the PSC decides on the 2027 programs.
Maryland’s federal home energy rebates under the Inflation Reduction Act (IRA) are still waiting on the U.S. Department of Energy (DOE), so these utility programs are what Maryland homeowners can actually use right now.
If a heat pump water heater is already on the list, the BGE coupon is worth using this week. Pepco projects should get reservations in before December 31.
Sources: BGE heat pump water heater rebate · Pepco Home Performance with ENERGY STAR
Phius publishes whole-life carbon paper
On October 20, Phius published “Beyond the Carbon Divide,” a position paper that makes the case for counting a building’s operating energy and the carbon in its materials together, known as whole-life carbon. The co-authors are from Phius, GO Logic, RMI (formerly Rocky Mountain Institute) and New Frameworks.
This shows where Phius is heading, not a new requirement. It’s a good reason to keep comparing materials such as cross-laminated timber and conventional framing on carbon as well as cost.
Sources: Phius paper