Public Policy Update: New York Gas Ban Enforcement.

And So It Begins

Starting in 2026, the State of New York will begin enforcing their laws banning fossil-fuel-fired heating equipment and appliances in most new construction. This New York Gas Ban represents a major policy shift intended to reduce emissions from buildings and accelerate the transition to what they feel are cleaner energy sources. Electricity is being promoted as the preferred source of supply. Fossil fuels can be defined as a flammable carbon compound—or hydrocarbon—containing material formed naturally in the Earth’s crust from buried remains of prehistoric organisms. These include coal, petroleum, and natural gas, in addition to refined fuels, or derivatives such as kerosene, gasoline, diesel, and propane.  

Court Ruling

On June 30, 2026, the Second Circuit Court ruled against the National Propane Gas Association’s coalition in its challenge to the New York Gas Ban. The court found that the Energy Policy and Conservation Act (EPCA), which establishes national energy efficiency standards for appliances, does not preempt state or local bans on gas appliances. This interpretation directly conflicts with a prior Ninth Circuit decision on the same issue. More on the Energy Policy and Conservation Act later in this article. 

Legal Reasoning

The court clarified that EPCA’s reference to “energy use” applies only to the fixed efficiency metric determined before an appliance reaches consumers, rather than its actual usage after sale. It emphasized that EPCA’s core objective is to ensure uniform national standards for energy conservation, not to guarantee the availability of any specific appliances. Based on this reasoning, the court concluded that New York’s local gas bans do not violate federal law.

Summary

New York State has enacted a law prohibiting the installation of fossil fuel equipment, such as natural gas and propane gas furnaces, hot water tanks, ranges, dryers, and fireplace inserts on or after December 31, 2025, for structures seven stories or less.  A complete ban on such appliances and heating equipment begins in 2028. This law is part of the state’s efforts to reduce greenhouse gas emissions and promote electrification.

Background: How Did We Get Here?

This legislation has its roots in the Climate Leadership and Community Protection Act, which New York State passed in July 2019. At that time, this was considered a landmark piece of legislation that requires the state to reduce, economy-wide, greenhouse gas emissions 40% by 2030 and no less than 85% by 2050 from 1990 levels.

Under this law, the Climate Action Council was created and tasked with creating recommendations for how New York State will achieve these goals. The Climate Action Council approved its final plan on December 19, 2022. Now, many of the recommended actions must be approved by the State Legislature and various regulatory agencies (i.e., Department of Environmental Conservation, Public Service Commission, etc.).

 This ban on the installation of equipment fueled by fossil fuels encourages the transition to electric heating and energy systems, which are seen as more sustainable alternatives to fossil fuels. Builders must comply with the new regulations, which will affect the design and energy systems of all NEW buildings going forward.

The law does not apply to existing structures, allowing current homeowners and businesses to retain and maintain their installed fossil fuel systems.

This legislation marks a significant step in New York’s commitment to combating climate change and transitioning to renewable energy sources. For more information on this initiative, see: nyelectrificationfacts.org

Energy Policy and Conservation Act (EPCA)

New York State has developed comprehensive energy policies aimed at advancing clean energy, improving energy efficiency, and reducing greenhouse gas emissions. Its approach aligns with federal efforts under the Energy Policy and Conservation Act (EPCA), but it also goes further with state-specific initiatives. EPCA sets minimum federal standards for energy efficiency that states must follow. New York wants to adopt stricter standards, as long as they are not preempted by federal law. The state leverages EPCA frameworks for appliance efficiency and fuel economy to implement broader climate goals. Enacted in 1975 as a response to the 1970s energy crisis, the EPCA was intended to reduce energy demand, increase energy efficiency, and establish strategic reserves.

Key Components of the EPCA

• • Creation of the Strategic Petroleum Reserve (SPR).
  • Establishment of energy efficiency standards for appliances and equipment.
  • Promotion of energy conservation programs at the federal and state levels.
  • Fuel economy standards through the Corporate Average Fuel Economy (CAFE) program.

New York State’s Energy Policy

• • Transition to renewable energy sources (solar, wind, hydro).
  • Achieve 70% renewable electricity by 2030 and 100% zero-emission electricity by 2040.
  • Reduce greenhouse gas emissions by 85% by 2050 under the Climate Leadership and Community Protection Act (CLCPA).

New York State’s Key Programs and Initiatives:

• • NY-Sun program to expand solar installations.
  • Clean Energy Standard (CES) to increase renewable energy generation.
  • Building energy efficiency codes and appliance standards, consistent with or exceeding EPCA requirements.
  • Electric vehicle adoption incentives and charging infrastructure expansion.

Conclusion

New York State’s energy policy builds upon the foundation of the Energy Policy Act of 1970 (EPAct) by integrating ambitious renewable energy and emissions reduction targets. While EPAct provides the federal framework for conservation and efficiency, New York’s policies demonstrate a proactive and aggressive approach to leading the way in sustainable energy. However, we believe that consumers should have the freedom to choose the most suitable fuel sources for their homes and businesses. Electricity is not a one-size-fits-all solution. 

Norco/North Collins Cylinder Gas Co., Inc. neither endorses nor supports the fossil fuel energy policies implemented by New York State in their push towards electrification. When it comes to energy choices, affordability, availability, dependability, flexibility, and sustainability are all crucial factors. What may be effective in New York City might not be suitable for Western New York. Regardless of one’s belief in climate change as the driving force behind these conservation and efficiency measures, propane and natural gas are renewable energy sources that provide consumers with peace of mind, and offer a low-carbon footprint. Since 1945, Norco/North Collins Cylinder Gas has supported your propane energy needs, and we will continue to do so, now and in the future. You can rely on us. 

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