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Focus on Lawsuit Against New York State's Fossil Fuel Appliance Ban for New Construction

Contractors, Home Builders Challenge Law With California Case

BUFFALO, N.Y. — The State of New York's eventual ban on fossil fuel-powered appliances like furnaces and stoves for new construction is now the target of a legal challenge. A local contractor tied to the lawsuit has potential cost questions for his business and the public.  

It was proudly proclaimed by Governor Kathy Hochul with the new state budget approval in April. As she said back then "We're going to be the first state in the nation to advance zero emission new homes and buildings."

That was at the state level, but in 2019 the city of Berkeley California approved that type of ban for contractors with its new construction planning.  It was knocked down last June by the Ninth Federal Circuit of Appeals as judges ruled the Congressional passed 1970's era Energy Policy and Conservation Act prevents such bans for residential homes and businesses.  

Chris Tryjankowski, who operates PCS Plumbing and Heating in Buffalo, is the President of the New York State Plumbing, Heating, Cooling Contractors Association.  He is part of the lawsuit and told 2 on Your Side "With New York state following California's lead on the gas ban and stuff like that we thought we had some merit to go along the same lines for the Federal law to take effect that would over-rule the state's new law."  

The Governor's office deferred comment to the New York State Department of State and its building codes council which would have the power to enforce the ban. They are named as the lawsuit's defendants but in turn, they have said no comment on pending litigation. 

The New York State Home Builders Association with its national counterpart also contends the state's natural gas ban to go all electric with devices like heat pumps is quote "damaging" to state residents, will make worse the state's available housing crisis, will drive up costs, delay projects and make New York state less competitive. 

Tryjankowski pointed out some questions. "Is it going to cost you more to do it with electric than gas and what happens when everybody starts converting to electric and now the electric company has a monopoly on the power that you have or the fuel source you have? I can see the price of electric going up."

He also says that electric heat pumps do work on a moderate day but once temperatures really start to drop and without good insulation and new tight windows, many older homes would be very difficult to heat with a heat pump.  

As for the impact on contractors and builders, Tryjankowski says: "Do we need to re-train our employees to be more electric - based or more gas-based. It's still in limbo so we don't know what to do."

He added that builders want to "make plans to build subdivisions or they're gonna renovate a big commercial building into multi-living - something like that. What's the best way to go? Are we going with gas and put gas stoves and furnaces and gas dryers - well maybe we can't because we might not be able to get gas and now we gotta see what the costs is going to be with electric. So we're kinda taking the lead of the owner or developer as the case may be."    

The contractors realize that even with this lawsuit they are still facing a seemingly dug in state government commitment to all electric. Tryjankowski says "We're anticipating  a long fight over this thing. There are many people behind it and all these people are willing to commit resources to see this through."         

The White House and environmental groups back the state with environmental quality concerns so some legal experts expect this fossil fuel ban issue could go to the U.S. Supreme Court.

But Contractors say potential higher new construction costs could also impact the state's affordable housing crisis. 

 

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