Which states have a gas ban? New York is the one state in our table with a statewide gas ban for new buildings, and enforcement is paused while the case may head to the Supreme Court. New York City’s ban has applied since 2024. No law we reviewed bans existing gas appliances.
Key Takeaways
- New York bars fossil-fuel equipment in new buildings of seven stories or less from December 31, 2025, and in all new buildings after December 31, 2028 (Energy Law § 11-104).
- The Second Circuit upheld New York’s state and city laws on June 30, 2026, splitting with the Ninth Circuit (opinion).
- The deadline to petition the Supreme Court is November 24, 2026 (Climate Litigation Database).
- Berkeley’s 2019 gas piping ban was held preempted by federal energy law (Ninth Circuit).
- Washington’s Supreme Court voided Initiative 2066, which shielded gas use, on September 17, 2026 (No. 104240-0).
- Texas bars any political subdivision from restricting utility hookups by energy source (Utilities Code § 181.903).
In these laws, a gas ban means a rule for new construction: a code that stops new gas piping or fuel-burning equipment. Many states have passed the opposite, forbidding cities to ban gas at all.
This is not legal advice. Laws and effective dates change. Check with your local building department before you design or bid a job.
Gas ban laws by state: where each one stands in October 2026
Each row was read in primary text in October 2026. Massachusetts’ demonstration program is omitted; its text would not load.
| Jurisdiction | Rule | Applies to | Effective date | Status, October 2026 | Citation |
|---|---|---|---|---|---|
| New York State | Code must prohibit fossil-fuel equipment | New buildings of seven stories or less, except commercial or industrial over 100,000 square feet; then all new buildings | December 31, 2025; after December 31, 2028 | Upheld; enforcement suspended by a November 12, 2025 stipulation | Energy Law § 11-104 |
| New York City | No fuel emitting 25 kilograms or more of CO2 per million Btu | New residential buildings | Under seven stories since January 1, 2024; taller in July 2027 | In force; upheld | Local Law 154 of 2021 |
| Berkeley, California | Ordinance 7,672-N.S.: no gas piping | New buildings | Adopted July 2019 | Preempted; enforcement halted March 22, 2024 | 89 F.4th 1094 |
| South Coast air district, California | Rule 1146.2: zero NOx | Gas water heaters, boilers, process heaters | Amended June 7, 2024; phased | Upheld July 2, 2026 | No. 25-5129 |
| Bay Area air district, California | Rules 9-4 and 9-6: zero NOx | Water and space heating, at burnout | 2027, 2029, and 2031 by size and type | Water heater changes before board November 4, 2026 | Regulation 9 |
| California | 2025 Energy Code favors heat pumps; not a ban | New construction | Permits from January 1, 2026 | In force | Title 24, Part 6 |
| Montgomery County, Md., and Washington, DC | Laws a court said effectively ban gas appliances | Not verified | Not verified | EPCA challenges rejected March 25 and March 26, 2026 | D. Md.; D.D.C. |
| Washington | Initiative 2066 barred gas restrictions | Local governments, some utilities, code council | Approved November 2024 | Struck down September 17, 2026 | No. 104240-0 |
Every true ban here targets new construction. For a new home, our heat pump and gas furnace comparison works through the operating cost math.
Is New York’s gas ban in effect?
New York’s statewide gas ban is law and was upheld, but it is not being enforced in October 2026. On November 12, 2025, the state agreed in federal court to suspend its rules during the appeal.
Per the Association of Towns’ summary, the rules stay suspended until 120 days after the Second Circuit rules if no Supreme Court petition is filed, or 120 days after the Supreme Court denies review or decides. We could not open the stipulation itself, so treat any restart date as unconfirmed until the Department of State announces one.
The Second Circuit affirmed on June 30, 2026. The case docket summary shows rehearing denied August 26, 2026, leaving November 24, 2026 to petition the Supreme Court.
The statute “shall not be construed as applying to buildings existing” before it takes effect, so work in existing homes is outside it. New York City’s Local Law 154 is separate and has applied to new buildings under seven stories since January 1, 2024. City owners also face emissions caps, covered in our Local Law 97 explainer.
What happened to Berkeley’s gas ban?
Berkeley’s gas ban is no longer enforced. Its July 2019 ordinance barred natural gas piping in new buildings from the meter onward.
The Ninth Circuit held on April 17, 2023 that federal energy law preempts it, and amended the opinion on January 2, 2024 while denying rehearing en banc; eight active judges dissented from that denial. Under a settlement the California Restaurant Association announced March 22, 2024, the city stopped enforcing the ban.
Why does a 1975 federal law decide gas ban cases?
The Energy Policy and Conservation Act (EPCA) sets federal efficiency standards for furnaces, water heaters and other appliances. Once a standard takes effect, no state regulation “concerning the energy efficiency, energy use, or water use” of that product may take effect, under 42 U.S.C. § 6297(c).
The fight is over “energy use.” The Ninth Circuit read it to protect a consumer’s ability to use gas appliances where installed. The Second Circuit tied it to federal test procedures, held that a law limiting which buildings may use an appliance does not regulate its energy use, and said Judge Friedland’s Berkeley dissent “has the better interpretation.”
That circuit split is why the Supreme Court deadline matters. The Second Circuit also noted federal district courts in Maryland and DC rejecting EPCA challenges in March 2026, and the U.S. Department of Justice filed as amicus supporting the challengers in the city case.
Which states prohibit local gas bans?
More states have gone the other way. The National Association of Home Builders, a plaintiff in several of these cases, counted 27 states with “some type of preemption law” in August 2025. We read the statute text for three.
| State | What the law bars | Citation |
|---|---|---|
| Texas | Measures limiting a utility connection “based on the type or source of energy” | Utilities Code § 181.903 |
| Arizona | Municipal codes restricting use of an authorized utility, including natural gas and propane | A.R.S. § 9-810 |
| Florida | Local rules restricting the fuel sources utilities and LP gas dealers may supply | Fla. Stat. § 366.032 |
Texas still lets local governments choose utilities for their own buildings. Congress may add a national layer: the Energy Choice Act, H.R. 3699, would bar state and local limits on energy service by fuel type. It cleared committee 24 to 21 and has sat on the House calendar since February 4, 2026. It is not law.
Did Washington or California ban natural gas?
Neither state has a statewide gas ban in the sources we read. Washington voters instead approved Initiative 2066 in November 2024 to stop local governments, some utilities and the Building Code Council from discouraging gas.
On September 17, 2026, the Washington Supreme Court held that I-2066’s 13 sections broke the single-subject rule and voided it “in its entirety,” over a dissent by Justice Mungia. No section was severed, so none of its limits survive.
California’s 2025 Energy Code “expands the use of heat pumps in newly constructed residential buildings” for permits from January 1, 2026. The Bay Area air district set zero NOx standards dated 2027, 2029, and 2031, and its board takes up water heater changes on November 4, 2026.
The Ninth Circuit upheld South Coast Rule 1146.2 on July 2, 2026, holding that a Clean Air Act emissions rule is not preempted. Our list of HVAC rules that took effect in 2026 covers other dates.
The myth to retire
No law in our table orders removal of a working gas furnace, boiler or stove. New York’s statute excludes existing buildings, and the Bay Area rules apply only “upon burn out of one’s current equipment.”
What does a gas ban mean for HVAC equipment choices?
A gas ban shifts new construction toward heat pumps for space and water heating. That shift was already under way: Census data show heat pumps now match furnaces in new US homes.
Before bidding in an affected area:
- Confirm which code edition applies to the permit filing date.
- Check whether the job is new construction, an addition or an alteration.
- Size heat pumps to the local design temperature.
- Price the electrical service and panel upgrade before quoting.
Running cost depends on local rates; compare natural gas prices by state with electricity prices by state.
In colder regions, check cold climate heat pump ratings, and for water heating see our heat pump water heater guide.
Unvented room heaters raise separate code questions, covered in our ventless gas heater rules. For incentives that still pay, see our heat pump rebate tracker.
How we researched this
Research date: October 30, 2026. We opened 21 sources and cite 15: four court opinions, statute text for four states, two agency pages, a bill record, a docket tracker, a municipal association summary and two labeled interested parties. Georgia, Tennessee, Ohio, Louisiana and Massachusetts text would not load, so they are excluded. Reddit was skipped for this legal topic.
Frequently asked questions
Which states have banned natural gas in new buildings?
In the laws we read, New York is the only state with a statewide ban on fossil-fuel equipment in new buildings, starting with buildings of seven stories or less. Enforcement is suspended under a November 12, 2025 court stipulation. Other bans, such as New York City’s, are local laws.
Is New York’s gas ban delayed?
Yes. The Second Circuit upheld the law on June 30, 2026, but the state agreed to suspend its rules until 120 days after the case ends, including any Supreme Court review. The petition deadline is November 24, 2026, so the restart date depends on what the challengers file.
Do gas bans apply to existing homes?
Not in the laws we reviewed. New York’s statute says it shall not be construed as applying to existing buildings, and Berkeley’s ordinance covered new buildings only. Bay Area air district rules apply when existing water or space heating equipment burns out and is replaced.
Was Berkeley’s gas ban overturned?
Yes. The Ninth Circuit held on April 17, 2023, in an opinion amended January 2, 2024, that federal energy law preempts Berkeley’s ban on gas piping in new buildings. Under a settlement announced March 22, 2024, the city stopped enforcing it.
Can a state stop a city from banning gas?
Yes. Texas Utilities Code § 181.903 bars any political subdivision from limiting a utility hookup based on the type or source of energy, and Arizona and Florida have similar statutes. A builders’ group counted 27 states with some preemption law in August 2025.
Is there a federal gas ban?
No. Federal action runs the other way. The Energy Choice Act, H.R. 3699, would bar state and local limits on energy service by fuel type. It cleared committee 24 to 21 and reached the House calendar February 4, 2026, but it has not become law.
Sources
- U.S. Court of Appeals, Second Circuit. “Ass’n of Contracting Plumbers v. City of New York,” Nos. 25-977, 25-2041. https://dos.ny.gov/system/files/documents/2026/07/decision-mulhern-gas-v.-mosley-2d-cir.pdf. Accessed October 2026.
- New York State Senate. “Energy Law § 11-104.” https://www.nysenate.gov/legislation/laws/ENG/11-104. Accessed October 2026.
- Climate Litigation Database. “Mulhern Gas Co. v. Mosley.” https://www.climatecasechart.com/collections/mulhern-gas-co-v-mosley_4b19. Accessed October 2026.
- Association of Towns of New York. “Delay of the All-Electric Buildings Act.” https://www.nytowns.org/common/Uploaded%20files/Update%20on%20All%20Electric%20Buildings%20Act.pdf. Accessed October 2026.
- U.S. Court of Appeals, Ninth Circuit. “California Restaurant Ass’n v. City of Berkeley,” No. 21-16278. https://cdn.ca9.uscourts.gov/datastore/opinions/2024/01/02/21-16278.pdf. Accessed October 2026.
- California Restaurant Association (interested party). “Berkeley Will Not Enforce Its Ban.” https://calrest.org/news/california-restaurant-association-and-berkeley-settle-gas-ban-lawsuit-berkeley-will-not-enforce. Accessed October 2026.
- U.S. Court of Appeals, Ninth Circuit. “Rinnai America Corp. v. SCAQMD,” No. 25-5129. https://cdn.ca9.uscourts.gov/datastore/opinions/2026/07/02/25-5129.pdf. Accessed October 2026.
- Washington Supreme Court. “Climate Solutions v. State,” No. 104240-0. https://www.courts.wa.gov/opinions/pdf/1042400.pdf. Accessed October 2026.
- California Energy Commission. “2025 Building Energy Efficiency Standards.” https://www.energy.ca.gov/programs-and-topics/programs/building-energy-efficiency-standards/2025-building-energy-efficiency. Accessed October 2026.
- Bay Area Air Quality Management District. “Building Appliances.” https://www.baaqmd.gov/rules-and-compliance/rule-development/building-appliances. Accessed October 2026.
- Texas Legislature. “H.B. No. 17, Enrolled.” https://capitol.texas.gov/tlodocs/87R/billtext/html/HB00017F.htm. Accessed October 2026.
- Arizona Legislature. “A.R.S. § 9-810.” https://www.azleg.gov/ars/9/00810.htm. Accessed October 2026.
- Florida Senate. “Florida Statutes § 366.032.” https://www.flsenate.gov/Laws/Statutes/2025/366.032. Accessed October 2026.
- U.S. Government Publishing Office. “H.R. 3699, Energy Choice Act.” https://www.govinfo.gov/content/pkg/BILLS-119hr3699rh/html/BILLS-119hr3699rh.htm. Accessed October 2026.
- National Association of Home Builders (interested party). “Gas Bans Impact Housing Affordability.” https://www.nahb.org/blog/2025/08/gas-bans-housing-affordability. Accessed October 2026.
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