New York Passes Law Banning Gas Stoves in New Buildings

New York legislators on Tuesday, under pressure from environmentalists made their state the only one in the country to ban the usage of natural gas and fossil fuels as heating and cooking for most new buildings.

The state budget of $229 billion, which was passed on Tuesday night, included a ban on all natural-gas appliances. The law mandates that all new construction under seven stories must have electric appliances by 2026, and taller buildings by 2029.

It does not apply to existing buildings and renovations are exempted. The law also provides for exceptions in the case of new construction, such as hospitals, factories, and restaurants. It does not allow counties or cities to opt-out.

Democrats who control the state Senate, Assembly and Governor’s Office have been under intense pressure by environmental groups who are targeting natural gas in order to combat climate changes and indoor and outdoor pollution. In early this year, reports that the Biden administration’s Consumer Product Safety Commission would consider restrictions and, possibly, a ban on natural-gas appliances sparked controversy.

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New York Republicans, as well as industry leaders, oppose the ban on natural gas, stating that it will increase costs for consumers and strain the electrical grid. It also has little environmental benefit. The ban will likely face legal challenges.

In a prepared statement, Robert Ortt, the state Senate’s minority leader, said that a ban on natural-gas hookups for new construction would increase utility costs and housing costs.

In her January state-of the-state address, Governor Kathy Hochul supported a ban on gas hookups for new construction. Her spokeswoman assured environmental activists this week that there would be no loophole in the law allowing localities the option to opt out of the ban.

Katy Zielinski, in a New York Times statement, said that the new law would not contain any loopholes which could undermine the intention of the measure. “There won’t be an option for municipalities to opt-out.”

Hochul’s opponent, former congressman Lee Zeldin in Hochul’s last-year reelection race, accused the governor and allies in her legislature of exacerbating regulatory dynamics which are driving residents from the state.

Zeldin tweeted: “The Democrats who are destroying New York with enthusiasm will soon pass a ban on gas hookups in new construction.” “Kathy Hochul, her cohorts and their supporters are rapidly tracking the downward spiral for a once great state.”

Environmental groups have viewed natural gas as a clean and relatively cheap fuel that can be used to transition to a lower-carbon environment. According to a Cato Institute study from last year, the switch from coal to cheap, abundant natural gas helped reduce carbon emissions in the U.S. electricity industry by a third from 2005 to 2019.

Over the last decade, however, many environmentalists have changed their positions after finding that industrial sources of methane are a greater proportion than previously thought.

The California Restaurant Association filed a lawsuit against Berkeley in 2019. In 2019, Berkeley became first U.S. City to ban gas hookups for most new homes and commercial buildings. The Ninth Circuit Court of Appeals reversed the ban last month. New York Republicans and gas industry representatives have said that the new legislation may be overturned in court on similar grounds.

Other progressive counties and cities have also banned new gas hookups. New York City will ban natural gas hookups for new buildings below seven stories in 2021. The law is expected to go into effect in December. The law will be applicable to taller building starting in 2027.

The Bay Area air pollution regulators voted in March to phase out, and then ban, the sale of gas water heaters and furnaces. Energy experts and economists have said that this move will be expensive for residents, and likely will not have a significant environmental impact.

Ben Lieberman was a senior fellow with the Competitive Enterprise Institute at the time and told National Review that there is no problem. They’re not completely emission-free, but they are very, very low. “There’s no real issue with the emissions and they are economical in their use. Consumers prefer them because of that.”

According to the U.S. Energy Information Administration, natural gas is used for heating in most New York homes.

The New York budget, in addition to banning new natural gas hookups also raises the minimum wage and taxes on cigarettes, reduces the radical bail reform law of the state, and approves fines for marijuana sellers who are not licensed.