A federal district court in New York upheld the state’s ban on natural gas in new buildings on July 23, ruling that it is not preempted by the federal Energy Policy and Conservation Act (EPCA). The decision contrasts with the 9th Circuit’s ruling in Berkeley, which found a similar ban preempted and invalid. A separate challenge to New York City’s gas ban is currently on appeal.
Meanwhile, on August 1, New Hampshire Governor Kelly Ayotte signed HB 428 into law. The legislation prohibits municipalities from modifying the state building code, preventing the use of code changes to restrict natural gas. Local governments may still adopt separate ordinances, but the law establishes uniformity in code standards statewide.
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