Local officials have spoken loud and clear – they support Rep. Nick Langworthy’s Energy Choice Act.

That bill seeks to prohibit states or local governments from banning an energy service’s connection, reconnection, modification, installation, or expansion based on the type or source of energy to be delivered. It’s a bill that seeks to protect those who heat with natural gas as states, including New York, increasingly push to end the use of natural gas in favor of solar and wind.

The problem is Langworthy’s proposal is federal, while the problem local officials have to concern themselves with most is New York state policy. And, right about now, they should be concerned.

Last week, a state Supreme Court judge ruled in favor of environmental groups who are upset that regulations required by the state’s 2019 Climate Leadership and Community Protection Act to have been released in 2024 still haven’t been released. The judge gave Gov. Kathy Hochul until early February to issue regulations that would ensure the state meets emissions targets set out in the CLCPA. Those targets include a 40% reduction in emissions by 2030 and 85% by 2050. As we reported last year, the state is at least three to five years behind those targets.

Those cuts come at the same time the state is seeing more power demand while retiring dependable sources of power, leading to the growing likelihood of a shortage of electricity in New York City in the coming years.

There are two choices for Hochul in the wake of the court’s ruling – an appeal that could buy Hochul time to make decisions until after her 2026 re-election bid or to convince state lawmakers that there need to be changes to the CLCPA.

An appeal is a short-term reprieve since the CLCPA is very clear in its intentions. The problem all along has been that the CLCPA wasn’t realistic in 2019. It’s become even more of a fairy tale in the ensuing six years. But it’s a clearly written fairy tale, which means that there will come a time when an appeals court – packed with judges appointed by former Gov. Andrew Cuomo and by Hochul herself – is likely to uphold last week’s ruling.

The long-term reprieve is negotiating with the state Legislature for an extension. Remember how long it took to get changes to bail reform earlier this year when Hochul and legislative leadership couldn’t get a state budget passed? How long a budget stalemate are we looking at if the CLCPA is the sticking point in budget talks?

Continuing with the CLCPA in its current form means skyrocketing electric bills and an unreliable power grid sooner rather than later. Even Hochul sees the handwriting on the wall. The question is if she can translate that handwriting into something legislative Democrats can comprehend.