Would prohibit states and municipalities from banning natural gas as an energy source for new homes as New York is poised to do.

LANCASTER, New York — US Rep. Nick Langworthy (R-NY 23) was in Lancaster on Tuesday stumping for passage of his Energy Choice Act which would prevent states and municipalities from banning natural gas as an energy resource for new homes.

That is something that New York State is poised to do starting next year as part of its efforts to reduce emissions under its climate agenda.

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“It’s an un-American assault on our freedom and our pocketbooks and our safety,” said Langworthy regarding the state’s policy. “It’s not based on science. It’s not based on practicality or market motivation.”

New York’s “All-Electric Buildings Act”

The law which bans the installation of new gas and other fossil-fuel appliances in most new construction projects goes into effect on December 31, 2025 for new buildings that are less than seven stories in height or any commercial or industrial building with less than 100,000 square feet in floor area. It would then is applicable to new buildings of all sizes beginning December 31, 2028.

“To put to these barriers in place to new starts and new builds (newly constructed homes) is just idiotic,” said Langworthy, who was joined by home builders and realtors who agree with him that mandating new homes to be all electric starting in 2026 is at this point impractical and far too costly.

Especially, they say, in a state where leaders say there is an affordable housing crisis and where the majority of electricity is still produced through the burning of fossil fuels.

“We need housing for more people, our children, our grandchildren, need to be able to build and buy affordable housing,” said Lisa Avery of the Buffalo Niagara Realtors Association.

Attendees also expressed concern that relying solely on electricity could spell peril when the lights go out in winter storms and with it, the ability to heat your home.

While most modern gas furnaces would not operate during an outage unless hooked to a generator, most modern gas fire places would be operable as would cooktops and stoves.

“We want a common sense approach. We do believe that gas should not be eliminated,” said Phil Nanula, President of the Buffalo Niagara Builder Association, who says the new mandate will significantly drive up the price of new homes. Requiring new homes to be “all-electric”, he notes, comes at a time when electricity rates are soaring through state Public Service Commission sanctioned rate hikes to cover the cost of improving the electric grid to meet the state’s mandates. 

“According to the US Energy Information Administration, there’s a 42% increase in annual cost to households using electricity over natural gas for the average homeowner,” said Langworthy. “These are the consequences of these Green New Deal policies. Governor Hochul, through her Public Service Commission, is green lighting utility rate increases right now because they know that the mandates are driving up the costs. The demand is making things cost more. And what is worse, they’re actually lowering supply to our grid…by taking natural gas created electricity off of the grid. They think that there’s a windmill or a solar farm that’s going to fix that. There’s no way, by any study that’s been produced, that says that that’s ever going to get more than just a negligible amount of power onto this grid. I’m getting calls from our constituents on a daily basis in my district. They don’t want this,” Langworthy said.

Governor’s Office Responds

“Rather than grandstanding and fearmongering, the Congressman’s time would be better spent trying to reverse the massive federal cuts he enthusiastically helped push through that will devastate the communities he swore to represent here in New York,” said Ken Lovett, Senior Communications Advisor on Energy and Environment for Governor Hochul. Lovett also criticized Langworthy for backing policies like “tariffs that are driving up costs for New Yorkers.”

The Governor’s office also said Langworthy is wrong in saying the Public Service Commission is controlled by the Governor, insisting it is an independent body. 

However, all seven of its members are appointed by the Governor.

A federal court has already upheld the state’s ability under current law to enact its natural gas ban policy. 

And, although the ruling is being appealed, Langworthy hopes to have his legislation, which is currently in committee, passed by year’s end before the state’s new policy takes effect.

“I hope this is on the President’s desk in time to save the day for New Yorkers,” said Langworthy. “This bill has been very well researched and vetted. That said, however, I have no doubt in my mind that New York State will litigate. But what New York State could easily do, what Governor Hochul could do this tomorrow, is just push out these deadlines,” he said.

However, there is no indication from Hochul’s office that she might be inclined to do that and the law is set to take effect in just over four months.

There are exemptions in the new law for certain types of buildings and uses, such as restaurants, hospitals, laundromats, crematoriums, and laboratories.

As well, the law does not require of the replacement of existing gas appliances in current homes or businesses. It also allows for homeowners and building owners to continue to use and replace gas stoves, furnaces, and other appliances as needed.