Oct. 14—ALBANY — A group of gas and construction organizations are suing to block the phased ban of gas-burning stoves and furnaces in new buildings, filing documents in federal court in the state capital on Thursday.
In their suit, the trade groups argue that the ban, which blocks the installation of gas infrastructure in new construction starting in 2026 for buildings under 7 stories and 2029 for larger ones, violates a federal rule on the regulation of gas appliances.
The groups are arguing that the state lacks the authority to regulate gas appliances because the federal government already enforces their own Energy Policy and Conservation Act, which has rules for natural gas and propane-powered appliances. They're asking the court to rule the state ban as unenforceable before it takes effect.
Despite the fact that gas-burning appliances in homes and businesses in the U.S. emit roughly a tenth of all U.S. carbon emissions annually, and many older appliances can leak carbon-heavy gases that make their impacts even worse, the trade groups argue that banning their use in new construction will make a minimal impact on climate change while eliminating an industry. They argue that gasfitters, a specially-licensed trade dedicated to the installation and maintenance of gas delivery systems and appliances, will lose a huge market for their skills, and the companies that provide gas to customers will lose income.
"Our clients are strong supporters of the state's climate goals, but the ban puts our clients ant their members at risk, for little to no environmental benefit," said Sarah Jorgenson, attorney for the plaintiffs, in a news release Thursday. "It poses a serious threat to the livelihoods of thousands of New Yorkers."
When Gov. Kathleen C. Hochul signed the state's gas appliance ban into effect earlier this year, it quickly drew partisan ire, with Republicans arguing it was a state overreach into people's everyday lives. Congresswoman Elise M. Stefanik, R-Willsboro, who leads Republican House members messaging as the House Republican Conference Chair, has made it a particular point of criticism, using it to argue that Democrats are "trying to take your gas stoves."
The ban does not extend to existing gas and propane installations, and includes a number of carveouts for emergency use, restaurants and other commercial applications. Gas stoves are in use in about 35% of homes nationally, and officials in other states and at the federal level have been working on measures to encourage users to switch to electric stoves. Health experts also point to the negative impact gas appliances have on indoor air quality as another reason to switch, although the environmental angle remains significant as well.
The case against New York's b an could have wide ranging influence, depending on the court's rulings. New York is the first state to institute a statewide ban on gas appliances, although a number of cities and counties across the nation have passed similar regulations. Courts have recently struck down city-level bans citing the power of the federal government's own rules on gas appliances, but those cases are facing appeals. The Biden administration, tasked with enforcing the federal regulations, has argued that local governments and states have the right to regulate gas appliances.