Gas and building trade associations are suing to overturn New York State’s restriction on installing gas stoves and furnaces in new construction.
The organizations claim the statute disobeys federal regulations governing the regulation of gas appliances, and they filed their lawsuit against New York on Thursday.
The Democratic governor, Kathy Hochul signed the legislation prohibiting the use of fossil fuels in new construction this April. The law is expected to go into effect in 2026 for buildings with seven floors or less and in 2029 for taller structures. Existing buildings would not be covered by the law.
Numerous Democrat-run local governments and localities have enacted similar legislation in the name of lowering greenhouse gas emissions and enhancing indoor air quality, according to their proponents. With Republican leaders and other opponents decrying it as an intrusion on consumer choice, the rule swiftly became the focus of partisan angst over climate change.
The lawsuit’s defendant, the New York Department of State, declined to respond to enquiries about it.
The National Association of Home Builders and the National Propane Gas Association, among other parties, filed the lawsuit. It asserts that because the Energy Policy and Conservation Act, an earlier federal legislation, already regulates energy consumption rules, New York lacks the legal authority to execute its rule.
They want a judge to declare that the state’s prohibition is incompatible with federal law and to prevent it from going into effect.
Emergency backup power systems, as well as commercial food outlets, laboratories, and car washes, are exempt from the state’s regulations. A different set of regulations for all-electric new buildings will gradually be implemented in New York City starting in 2019.
