State Sen. George Borrello is among the state senators calling on Gov. Kathy Hochul to drop her ban on natural gas hookups in new construction as part of the weeks-late state budget.

Democrats in the state Legislature and Hochul differ on the timetable for when a ban on natural gas hookups in new construction would take effect, with Hochul wanting a ban to begin in 2026 and Senate Democrats pushing for 2025. There are also differences between the two sides on how big a building would be for the all-electric mandate to apply.

“We urge you to stop pushing this ban as it has been clearly deemed unconstitutional. Instead of trying to push a one size fits all fossil fuel ban in our state’s budget, which will undoubtedly be a fruitless effort as determined by the courts, we request that you instead advocate for affordable solutions in pursuing a cleaner energy future, such as independent cost studies and full transparency; support diverse energy sources; keep needed power supply online to ensure reliability of our grid; and oppose unaffordable mandates on consumers,” the Republican senators wrote in their letter to Hochul.

The letter was written shortly after a federal appeals court overturned a natural gas ban in Berkeley, Calif., because the ban violated federal law that states only the federal government can set efficiency standards for appliances. Similar policies in New York have been the subject of controversy in recent months and have been a sticking point in the state budget.

Berkeley’s measure took effect in 2020 and largely banned new residential and commercial buildings from installing natural gas piping in favor of electrical lines. A lawsuit by the California Restaurant Association claimed the regulation violated federal law that gives the U.S. government authority to set energy-efficiency standards for appliances such as stoves, furnaces and water heaters. A lower court upheld the Berkeley law before the Ninth U.S. Circuit Court of Appeals in San Francisco overturned the ruling. Judge Patrick Bumatay wrote in the 3-0 Ninth Circuit ruling that a local ordinance that bans appliances such as gas stoves “impacts the quantity of energy” they consume, which is regulated by the federal government. The ruling was expected to be appealed, according to a statement from a group of environmental advocates.

New York City has barred most new buildings from using natural gas within a few years. Most construction projects submitted for approval after 2027 would have to use something other than gas or oil — such as electricity — for heating, hot water and cooking.

Some federal lawmakers have called on the U.S. Consumer Product Safety Commission to address the potential health risks through regulation, such as requiring that gas stoves be sold with range hoods to improve ventilation or issuing mandatory performance standards for gas stoves to address the health effects of hazardous emissions.

But the Biden administration said earlier this year that there are no plans for a nationwide ban on gas stoves.