Generators are not illegal in California. You can still buy a new gas-powered portable generator in 2026 if it meets the California Air Resources Board’s current emission standards, and you can keep running any generator you already own. The rules are tightening, though: starting with model year 2028, new portable generators sold in the state must be zero-emission, which effectively ends new gas-powered portable sales. Standby generators wired into your home fall under a separate set of rules and are not affected by that deadline. Beyond state law, your city, county, air district, and fire department all layer on their own requirements for noise, setbacks, permits, and fuel storage.
What You Can Buy New in 2026
Assembly Bill 1346, signed in October 2021, added Section 43018.11 to the California Health and Safety Code and told CARB to prohibit exhaust and evaporative emissions from new small off-road engines (SORE) — spark-ignition engines of 25 horsepower or less, the category that covers most portable generators.1LegiScan. California Assembly Bill 1346 (Prior Session Legislation)2California Air Resources Board. 2021 Amendments to the Small Off-Road Engine Regulations
CARB rolled the requirement out in two phases, which the U.S. EPA authorized California to enforce in a January 2025 Federal Register notice.3Federal Register. California State Nonroad Engine Pollution Control Standards Small Off-Road Engines Regulations Most SORE equipment, including lawn mowers and leaf blowers, had to meet zero-emission standards starting with model year 2024. Generators and large pressure washers got tighter emission limits (40 to 90 percent stricter than before) but were given until model year 2028 to go zero-emission.4California Air Resources Board. CARB Approves Updated Regulations Requiring Most New Small Off-Road Engines Be Zero Emission This is often mischaracterized online as a residential-versus-commercial split. It is not. The timeline applies to equipment categories.
So in 2026, a new portable gas-powered generator is still legal to buy if it carries current CARB certification. Older models that passed muster before 2024 may no longer be sold new. Once model year 2028 generators hit the market, new portable units will need to be battery, solar, or another zero-emission technology.
Can You Keep Your Existing Generator?
Yes. The SORE amendments target the sale of new engines, not continued use of equipment you already own. Nothing in the regulation forces you to retire a gas-powered generator you bought when it was legal. You still have to run it in compliance with noise, safety, and local air district rules every time you use it.
Buying a non-CARB-certified generator out of state and bringing it home is a different matter. SORE rules cover engines produced for sale, lease, or use in California, so operating an uncertified unit here can put you in violation. California retailers can’t sell non-compliant models, and online sellers shipping into the state are held to the same restriction.
Standby Generators Are a Different Category
The biggest distinction in California generator law is between portable and permanently installed equipment. Diesel engines and engines in stationary equipment, including standby generators wired into your home’s electrical panel, are not covered by SORE at all.5California Air Resources Board. SORE Applicability Fact Sheet A natural gas or propane whole-house standby generator is not subject to the 2028 zero-emission deadline, regardless of fuel type. If your main concern is keeping the lights on during outages, a professionally installed standby unit remains a legal option well beyond 2028.
Standby equipment is governed instead by Title 24 of the California Building Standards Code, which sets installation and safety requirements.6Department of General Services. 2025 Title 24 California Code Changes7South Coast Air Quality Management District. Rule 1470 Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines8Bay Area Air Quality Management District. Revised BACT Guideline for Diesel Backup Generators Greater Than 1000 BHP Frequently Asked Questions
How to Verify a Generator Is CARB-Certified
Every new generator sold in California has to carry a permanent CARB certification label on the engine, headed “Important Emissions Information” and containing an unconditional statement of compliance with the applicable model year’s California regulations.9Legal Information Institute. California Code of Regulations Title 13 Section 2759 – Equipment and Component Labeling For a used unit, or if you want to double-check a new one, CARB maintains an online Executive Orders database where you can look up certifications by engine family.10California Air Resources Board. Mobile Source Executive Orders It’s worth checking before you buy, especially secondhand.
Permits and Who Can Install It
A permanently installed standby generator almost always needs permits. At minimum you will need an electrical permit from your local building department for the wiring and transfer switch. Many jurisdictions also require a building permit for the concrete pad and a mechanical or plumbing permit for the gas line connection. Combined permit fees typically run several hundred dollars in metropolitan areas.
California requires a licensed C-10 electrical contractor to handle the wiring. The C-10 classification specifically covers placing, installing, and connecting electrical wires, fixtures, or apparatus that generate, transmit, or use electrical energy.11Contractors State License Board. C-10 Electrical Contractor Hiring an unlicensed installer can void your permits and leave you exposed if something goes wrong.
For larger commercial generators, add an air district permit. The South Coast AQMD requires a permit for any stationary compression-ignition engine above 50 brake horsepower, with recordkeeping and reporting obligations.7South Coast Air Quality Management District. Rule 1470 Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines The Bay Area AQMD requires a permit for any emergency generator rated at 50 brake horsepower or greater.12Bay Area Air Quality Management District. Public Safety Power Shutoff Events Call your local air district before you buy a large unit.
Local Rules You Have to Check
State law is only part of the picture. Cities, counties, and fire departments add their own rules that can be stricter than anything CARB requires, and these apply to both portable and standby generators.
Noise
Most California cities enforce noise ordinances that restrict generator operation, especially at night. Residential nighttime limits commonly fall between 40 and 50 decibels at the property line. A typical portable gas generator produces 65 to 80 decibels at close range, so running one after hours in a residential neighborhood can easily trigger a violation. Inverter generators are often quieter (50 to 60 decibels), but check your city’s actual ordinance before assuming you’re in the clear.
Setbacks
San Diego County is a good illustration of how detailed local rules can get. Permanent generators have to meet acoustical setbacks from property lines calculated against a 45-decibel nighttime limit. An unmitigated residential generator in the 10 to 12 kilowatt range would need to sit at least 260 feet from the nearest property line. Enclose it in a masonry sound enclosure and that distance drops to roughly 80 feet. Units in the 12 to 15 kilowatt range need up to 500 feet unmitigated.13County of San Diego, Planning and Development Services. Requirements for Stand-Alone Generators PDS 799 Other jurisdictions calculate differently, but the pattern holds: the louder the unit and the closer the neighbors, the more mitigation you need.
Fuel Storage
Propane tanks connected to generators are governed by the California Fire Code. LPG tanks typically need at least 10 feet of clearance from the generator, nearby structures, roads, and property lines, and larger tanks may require a fire department permit.13County of San Diego, Planning and Development Services. Requirements for Stand-Alone Generators PDS 799 Gasoline storage for portable units is limited to small approved safety containers under local fire codes, and wildfire-prone communities often add further restrictions on outdoor fuel storage.
Running a Generator During a PSPS
Public Safety Power Shutoff events, where utilities cut power to prevent wildfire ignition, are a common reason to own a generator in the first place. CARB has stated that PSPS events qualify as emergencies and its regulations allow backup generators to be used during one. Consumer portable generators have no CARB-imposed restrictions on when you can run them during a shutoff. Larger commercial and industrial diesel generators above 50 brake horsepower are also allowed to operate, though your local air district may add its own limits.14California Air Resources Board. CARB Regulations Allow for the Use of Back-Up Generators During Public Safety Power Shutoff Events
CARB’s PSPS guidance pairs that permission with safety warnings: never operate a generator indoors or near open windows because of carbon monoxide risk, never connect one directly to your home wiring without a licensed electrician and permits, and never run one near dry vegetation or leave it unattended. Fire departments can restrict generator use in specific locations during high fire-risk conditions.14California Air Resources Board. CARB Regulations Allow for the Use of Back-Up Generators During Public Safety Power Shutoff Events
Penalties if You Break the Rules
California enforces generator rules through overlapping state and local agencies, and fines can stack because each day of violation counts as a separate offense. Under Health and Safety Code Section 42402, a person who violates air quality rules faces a civil penalty of up to $5,000 per violation. For more serious or knowing violations, the cap rises to $10,000 per day. If a violation causes actual injury to public health and safety, it can reach $15,000 per day.15California Legislative Information. California Health and Safety Code HSC 42402
Local enforcement sits on top of state penalties rather than replacing them. Cities and counties can fine you for noise violations, order the removal of generators that don’t meet building codes, and revoke permits. Air districts conduct their own inspections and issue notices of violation for uncertified or non-compliant engines, with particular attention to diesel generators running without a required district permit.
Exemptions
Several categories of generators get more lenient treatment. Emergency standby engines serving hospitals, data centers, police facilities, cell towers, and similar critical infrastructure are exempt from the emission limits and testing requirements that apply to non-emergency engines, provided their permits cap operation at 200 hours per year for maintenance and testing.16South Coast Air Quality Management District. Proposed Rule 1110.4 Emissions from Emergency Generators
Fire and police departments and other emergency responders can buy generators with non-CARB-certified engines when no California-certified alternative exists, but they have to request approval from CARB’s Executive Officer.5California Air Resources Board. SORE Applicability Fact Sheet Agricultural operations using generators for irrigation and essential farm activities may qualify for exemptions under local air district rules, which vary by district.
Help Paying for a Zero-Emission Alternative
California runs several programs to offset the cost of switching to battery storage or zero-emission equipment, though funding availability shifts constantly.
CARB’s Clean Off-Road Equipment Voucher Incentive Project (CORE) gives point-of-sale discounts on commercially available zero-emission off-road equipment, including eligible generators. You don’t have to scrap your old equipment to qualify, and extra funding is available for equipment deployed in disadvantaged communities and for small businesses. CORE opened a new round of voucher requests in August 2025.17California Air Resources Board. Clean Off-Road Equipment Vouchers
For home battery storage, the Self-Generation Incentive Program (SGIP) has been the main funding source. As of early 2026, most SGIP budget categories are closed or waitlisted. The small residential storage category is closed at Step 7 with an incentive rate of $0.15 per watt-hour. Some equity-focused categories remain open with higher rates, up to $1.10 per watt-hour for qualifying low-income households, but availability is limited.18Self-Generation Incentive Program. Program Metrics Check the SGIP site for current waitlist status before counting on it.
The federal Residential Clean Energy Credit, which covered 30 percent of the cost of qualifying battery storage with at least 3 kilowatt-hours of capacity, expired for property placed in service after December 31, 2025.19Internal Revenue Service. Residential Clean Energy Credit As of 2026, there is no equivalent federal tax credit for residential battery systems unless Congress passes new legislation.