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New York’s law does not require households to remove existing gas stoves. It establishes a phased restriction on fossil-fuel equipment—including cooking equipment—in certain new buildings. But the New York State Department of State says the code provisions implementing that restriction remain suspended by court order and are not currently effective or enforceable, according to its July 2, 2026 update.
Does New York’s law ban existing gas stoves?
No. Executive Law §378(19) excludes buildings that existed before the relevant effective date and preserves the installation, continued use, and maintenance of fossil-fuel equipment in those buildings, including cooking equipment. The statute also includes repair, alteration, additions, relocation, and changes of occupancy or use within its treatment of existing buildings. In practical terms, it does not require a homeowner or tenant to remove an existing gas stove.
The New York State Assembly’s explainer says existing gas appliances can also be replaced with new gas appliances. That describes the statute’s treatment of existing buildings; the Department of State’s current notice about suspended code provisions is relevant to how the new-building rules are being implemented. Read the Assembly’s explanation and the statutory text.
What would the restriction cover in new construction?
The statute directs New York’s Uniform Code to prohibit installation of fossil-fuel equipment and building systems in covered new buildings. Gas cooking equipment falls within that broad category. The schedule is phased, rather than a single immediate rule for every building:
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| Statutory phase | Scheduled coverage |
|---|---|
| On or after December 31, 2025 | New buildings no more than seven stories high, except a new commercial or industrial building with more than 100,000 square feet of conditioned floor area. |
| On or after December 31, 2028 | All new buildings, subject to the statutory exemptions. |
These are the dates in the statute, not a statement that the provisions are enforceable today. The Department of State separately reports that the relevant code provisions remain suspended.
What is the current status of enforcement?
As of its July 2, 2026 update, the Department of State says implementation and enforcement of the 2025 Energy Code and Uniform Code provisions prohibiting fossil-fuel equipment in new buildings—19 NYCRR §1240.6 and Subpart 1229-2—“continues to be suspended by Court Order.” The agency states that those provisions are “neither effective nor enforceable.” The department says it is monitoring the case. Check the Department of State’s code-adoption notice for its posted status.
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On June 30, 2026, the U.S. Court of Appeals for the Second Circuit affirmed the district courts and held that the challenged state and city laws were not preempted by the federal Energy Policy and Conservation Act (EPCA). That decision addressed the EPCA challenge; it does not, by itself, show that the separate court-ordered suspension of New York’s code provisions ended. The Department of State’s posted notice continues to report the suspension. Read the Second Circuit opinion.
Which buildings and uses may be exempt?
The statute requires exemptions for specified equipment, building types, and uses. They include:
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- Emergency backup and standby power.
- Manufactured homes.
- Manufacturing facilities, commercial food establishments, laboratories, car washes, laundromats, hospitals and other medical facilities.
- Critical infrastructure, including emergency management, wastewater treatment, and water treatment or pumping facilities.
- Agricultural buildings, fuel-cell systems, and crematoria.
- New construction where electric service cannot reasonably be provided by the grid as operated by the local electric corporation or municipality; the Public Service Commission determines whether service is reasonable.
For certain exemptions, the code must limit fossil-fuel equipment to the systems and areas where the prohibition is infeasible, require electrification-ready design where feasible, and minimize emissions. The statute specifies an exception to the electrification-ready requirement for manufacturing or industrial process service. Financial considerations alone cannot establish physical or technical infeasibility. The precise boundaries and qualifications are set out in Executive Law §378(19).
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Has New York repealed the law?
No repeal is established by the cited legislative record. Assembly Bill A9221, introduced November 3, 2025, proposes repealing provisions relating to the new-construction fossil-fuel prohibition. Its bill page lists it as referred to the Assembly Energy Committee; a proposal is not an enacted repeal. See the bill’s current status.
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What should homeowners and builders take from this?
- Existing homes: The statute does not require removal of a gas stove, and it preserves gas-equipment use, maintenance, and replacement in existing buildings.
- New projects: The statutory schedule distinguishes buildings by construction status, height, conditioned floor area in a specified commercial/industrial case, and use. Exemptions may also apply.
- Current compliance: The Department of State’s July 2, 2026 notice says the implementing fossil-fuel prohibition provisions are suspended and unenforceable. Builders should consult the agency’s current notice and applicable local requirements before making project decisions.
- Choosing electric cooking: An electric range or induction cooktop may be a voluntary design choice; the law does not make it a required purchase for existing households.
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