New York and California uphold appliance gas bans
Two federal appellate rulings in New York and California upheld restrictions on gas-powered and other fossil-fuel appliances in new construction, dealing a setback for home builders, trade groups and labor organizations that challenged the laws. With the Second and Ninth Circuits now divided, the issue is a strong candidate for U.S. Supreme Court review.
The New York and California rulings are significant for home builders. In states such as New York, California, Connecticut and Vermont, state and local governments may now have stronger legal support for gas appliance bans and building electrification requirements. Builders operating in multiple states may continue to face varying rules, complicating compliance and limiting appliance choices for home buyers.
The New York case involved challenges to two separate laws. New York City’s Local Law 154 limits the use of fuels that produce carbon emissions in new buildings. That means many new homes and buildings cannot use natural gas or heating oil for common appliances and systems such as space heating, water heating, cooking and clothes drying. New York State’s law also requires state officials to adopt rules prohibiting fossil-fuel-burning appliances in new buildings.
As for California, the Ninth U.S. Circuit Court of Appeals ruled that zero-emission standards adopted by the South Coast Air Quality Management District in 2024 for large water heaters, small boilers and process heaters do not violate the Clean Air Act. The National Association of Home Builders and other industry groups challenged the pollution control rule, arguing that it conflicted with federal law.
