A group of New York businesses and workers have filed a first-of-its-kind lawsuit seeking to block the controversial state law that would ban gas stoves in new buildings beginning in 2026.
The coalition of businesses, unions and workers argue the rule could harm residents and communities by forcing companies to shutter, downsize or relocate to other states – potentially costing workers their jobs, according to the lawsuit, filed in an upstate federal court against the New York Department of State.
The law – which was adopted as part of the state budget under a handshake deal between Democratic Gov. Kathy Hochul and Albany lawmakers – mandates that all new buildings under seven stories be fully electric by Dec. 31, 2025, with larger structures needing to comply three years later.
This means that all gas appliances and gas infrastructure are barred from new construction in the coming years.
The rule could also cause a spike in energy prices, make housing even more unaffordable and stress the unreliable and already overburdened electrical grid, the lawsuit charges.
The suit also claims that the state doesn’t have jurisdiction over the issue, since it would be preempted by federal energy laws under the Energy Policy and Conservation Act.
A federal appeals court earlier this year unanimously overturned the Berkeley, California’s gas ban, finding it was illegal since it fell under the federal purview.
The suit seeks to block the law from taking a effect and for a judge to overturn it as invalid.
“Our clients are strong supporters of the State’s climate goals, but the ban puts our clients and their members at risk,” plaintiff attorney Sarah Jorgensen said in a statement. “A mandate banning gas now is not reasonable or affordable, when New York’s grid is already overburdened.”
“And regardless, New York must comply with the law.”
The suit specifies that the plaintiffs support measures to combat climate change – but that they are advocating for a better transition toward such actions that won’t abruptly result in job loss.
“A patchwork system for national energy policy is unworkable,” another plaintiff lawyer, Courtland Reichman, added. “Nationally uniform standards on energy use and energy efficiency are the best way to promote conservation goals while ensuring energy security, domestic supply, and consumer choice.”
Jimmy Russo, the president of the Plumbing Contractors Association on Long Island, said the specter of the law taking effect has already caused new construction to leave the area.
“Hundreds of plumbers on Long Island rely on new construction to feed their families and pay their mortgages,” Russo said, adding the law “has basically ripped the rug out from underneath them.”
“We are in full support of a green economy, but we should talk about how to transition without ruining lives,” Russo continued. “Our message to the lawmakers who passed this bill without thinking of our 600 members and their families on Long Island: enough is enough.'”
Mercedes Padilla, a spokesperson for the NY Dept. of State, said Thursday the agency was “reviewing this matter and cannot comment on pending litigation.”
https://nypost.com/2023/10/12/ny-businesses-sue-to-block-ban-on-gas-stoves-in-new-buildings/
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