New York to Ban Fossil Fuels in Most New Buildings, a Historic Move Towards Zero Emissions

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published May 05, 2023

By Author - LawCrossing

New York to Ban Fossil Fuels in Most New Buildings, a Historic Move Towards Zero Emissions

New York is set to make history by becoming the first state in the US to pass a law prohibiting the use of fossil fuels in most new buildings. The law would eliminate the use of gas stoves, furnaces, and propane heating in favor of climate-friendly alternatives like induction stoves and heat pumps. The ban, waiting to be voted on this week, would take effect in 2026 for most new buildings under seven stories and in 2029 for more significant structures. New York City passed similar legislation in 2021, banning natural gas hookups in new buildings by the end of this year.

While other states have advanced electrification through building codes, New York's law would be the first to promote zero-emissions new homes and buildings statewide. The move could prevent up to 6.1 million metric tons of carbon emissions by 2040, according to studies by the clean energy nonprofit RMI, equivalent to the annual emissions of just over 1.3 million cars.

United States
The ban would not apply to existing buildings that use gas-powered appliances, and some exemptions, such as for emergency backup generators, hospitals, laundromats, and commercial kitchens, may be included in the law. Although New York was the sixth-largest natural gas consumer among states in 2020, using natural gas to fuel 46% of its electricity generation, the ban would bolster the state's commitment to achieving a net-zero emissions electric sector by 2040 and sourcing 70% of its electricity from renewables like solar, wind, and water power by 2030.
 
During a budget speech in Albany, New York, Gov. Kathy Hochul highlighted the state's commitment to leading climate action. Prohibiting natural gas from buildings is part of a national movement to reduce climate-changing emissions and move towards clean energy. However, the ban has faced opposition from Republicans, oil and gas companies, labor unions, and business groups who argue it would lead to higher costs. Furthermore, a recent poll conducted by Siena College found that 53% of New York respondents opposed phasing out gas stoves in new homes, with Republicans and independents being even more vital in their opposition. Similar efforts by more than a dozen other cities and counties, including San Francisco, San Jose, Seattle, and Cambridge, Massachusetts, could be affected by a recent federal appeals court ruling, which found that Berkeley, California, cannot enforce a ban on natural gas hookups in new buildings, citing a US federal law.
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