BY JIMMY LAWTONNorth Country This Week

A federal court for the Northern District of New York has upheld New York state’s “gas ban” legislation. 

The legislation will ban new construction, beginning in 2026, from including natural gas hookups on buildings that are seven-stories or smaller.

In St. Lawrence County new residential homes won't have the option of using natural gas, however buildings with existing hookups won’t be impacted.

The legislation is aimed at helping the state reduce use of fossil fuels in line with its Climate Leadership and Community Protection Act.

Assemblyman Ken Blankenbush was critical of the ruling and of lawmakers who supported the measure.

“Albany’s ban on natural-gas hookups in new construction, contained in the 2023-24 budget (A.3006C), is yet another example of the state putting radical climate ideology ahead of affordability, reliability and consumer choice. By eliminating natural-gas access in new buildings starting in 2026, the state is removing one of the most affordable and dependable energy options available to families and businesses, without any guarantee that our already-strained electric grid can meet the added demand.”

“While a federal judge may have allowed this misguided policy to move forward, that doesn’t make it right for New Yorkers. This ban will drive up construction costs, limit energy choices and push more of our residents and employers out of the state. I will continue fighting to protect affordable, reliable energy and to oppose heavy-handed mandates that strip away the rights of consumers in the North Country and Mohawk Valley.”

The state legislation effectively bans gas stoves and other fossil fuel appliances in most new construction starting in 2026. 

St. Lawrence County legislators have opposed action by the state to ban fossil fuels in new constructions in a formal resolution dating back as far as 2022.

The plaintiffs’ coalition, including NAHB and the New York State Builders Association (NYSBA), filed a complaint in October 2023 arguing that New York’s legislation is preempted by the Energy Policy and Conservation Act (EPCA), which prevents state and local governments from setting their own standards concerning energy efficiency or energy use of appliances, a report from the NYSBA said. 

“The defendants argued that the plaintiff coalition lacked standing and that the case was not ripe for review. The court denied that motion, explaining that the plaintiffs had an imminent injury from the legislation even though the code council still needed to make amendments to the codes to comply with the legislation.

The court gave the plaintiffs 21 days to show cause as to why it should not enter a judgment in favor of the defendants. The plaintiff coalition is determining how to respond to the court’s request. They are weighing options, including a possible appeal, according to reports.

Separate from the lawsuit the NAHB and NYSBA, in conjunction with other industry associations, submitted a letter in June to Attorney General Pam Bondi to prompt federal action on this ban under President Trump’s Executive Order, “Protecting American Energy from State Overreach.”

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