Generators are not illegal in California. You can buy a new gas-powered portable generator in 2026 if it meets the California Air Resources Board’s tighter Phase 1 emission standards, and you can keep using any generator you already own. The rules shift in 2028, when every new portable generator sold in the state must be zero-emission. Permanently installed standby generators sit under a separate framework and are not affected by that deadline.
The 2028 Deadline and What You Can Still Buy
Assembly Bill 1346, signed in October 2021, added Section 43018.11 to the California Health and Safety Code and told CARB to write regulations banning exhaust and evaporative emissions from new small off-road engines.1LegiScan. California Assembly Bill 1346 (Prior Session Legislation) Small off-road engines (SORE) are spark-ignition engines rated at 25 horsepower or less. That definition sweeps in most portable generators along with lawn mowers, leaf blowers, and chainsaws.2California Air Resources Board. 2021 Amendments to the Small Off-Road Engine Regulations
CARB split the rollout into two phases, and the phases go by equipment category, not by whether the buyer is a household or a business. That distinction is worth pausing on, because a lot of the guidance floating around online gets it wrong.
- Phase 1 covers model year 2024 and later. Most SORE equipment had to go zero-emission at that point. Generators and large pressure washers got a reprieve: they face emission limits 40 to 90 percent tighter than the old standards, but they can still burn fuel.
- Phase 2 covers model year 2028 and later. Generators and large pressure washers then have to meet the same zero-emission standard as the rest of the SORE category.
The U.S. EPA authorized California to enforce these standards in a January 2025 Federal Register notice.3Federal Register. California State Nonroad Engine Pollution Control Standards Small Off-Road Engines Regulations
So in 2026 you can walk into a store and buy a new gas-powered portable generator, provided the model carries current CARB certification. Older models that used to be compliant may have been pulled from shelves because they don’t meet the Phase 1 numbers. Starting with model year 2028, the new-generator market shifts to battery, solar, and other zero-emission technologies.4California Air Resources Board. CARB Approves Updated Regulations Requiring Most New Small Off-Road Engines Be Zero Emission
Nothing in the rule forces you to get rid of a generator you already own. The SORE amendments target the sale of new engines, not continued use of legally purchased equipment. Your existing unit still has to comply with noise, safety, and local air district rules whenever you run it.
Buying out of state to dodge the rule doesn’t work. SORE regulations apply to engines produced for sale, lease, or use in California, so operating a generator that lacks CARB certification puts you in violation. In-state retailers can’t sell non-compliant models, and online sellers shipping into California face the same restriction.
Standby Generators Play by Different Rules
If you’re picturing the whole-home unit that sits on a concrete pad and kicks on automatically when the power fails, that is not covered by the SORE zero-emission timeline. Diesel-fueled engines and engines in stationary equipment, including permanently installed standby generators, sit outside the SORE regulations entirely.5California Air Resources Board. SORE Applicability Fact Sheet A natural gas or propane standby generator wired to your electrical panel through a transfer switch remains a legal option well past 2028.
Standby generators fall under Title 24 of the California Building Standards Code for installation and safety.6Department of General Services. 2025 Title 24 California Code Changes Installation means permits: at minimum an electrical permit for the wiring and transfer switch, often a building permit for the pad, and a mechanical or plumbing permit if the unit ties into a gas line. California requires a licensed C-10 electrical contractor to do the wiring. The C-10 classification covers placing, installing, and connecting electrical wires, fixtures, and apparatus that generate, transmit, or use electrical energy.7Contractors State License Board. C-10 Electrical Contractor Hiring an unlicensed installer can void your permits and create serious liability.
Larger stationary units bring air district involvement. Any stationary compression-ignition engine above 50 brake horsepower in the South Coast Air Quality Management District’s territory needs a district permit and recordkeeping under Rule 1470.8South Coast Air Quality Management District. Rule 1470 Requirements for Stationary Diesel-Fueled Internal Combustion and Other Compression Ignition Engines The Bay Area Air Quality Management District requires an air district permit for any emergency generator rated 50 brake horsepower or greater, and standby diesel generators there must meet EPA Tier 4 emission standards under the district’s best available control technology requirement.9Bay Area Air Quality Management District. Revised BACT Guideline for Diesel Backup Generators Greater Than 1000 BHP Frequently Asked Questions Call your local air district before buying a large unit.
Local Noise, Setback, and Fuel Rules
State law is only half the picture. Cities and counties add noise ordinances, zoning setbacks, and fire safety rules that often bite harder than anything CARB requires, and these apply to both portable and standby generators.
Noise Limits
Most California cities enforce noise ordinances that restrict generator operation, especially at night. Residential zones commonly cap nighttime noise at 40 to 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 trigger a violation. Inverter generators run quieter, often 50 to 60 decibels, but check the actual ordinance before assuming you’re clear.
Setbacks
San Diego County shows how granular this can get. The county requires permanent generators to meet acoustical setbacks from property lines based on a 45-decibel nighttime limit. An unmitigated residential unit in the 10 to 12 kilowatt range needs at least 260 feet from the nearest property line. Add a masonry sound enclosure and that drops to about 80 feet. Larger 12 to 15 kilowatt units can require up to 500 feet unmitigated.10County of San Diego, Planning and Development Services. Requirements for Stand-Alone Generators PDS 799 Other jurisdictions run their own math, but the pattern holds: louder unit and closer neighbors mean more mitigation.
Fuel Storage
Propane tanks connected to generators generally need at least 10 feet of clearance from the generator, nearby structures, roads, and property lines under the California Fire Code, with larger tanks sometimes requiring a fire department permit.10County of San Diego, Planning and Development Services. Requirements for Stand-Alone Generators PDS 799 Gasoline storage for portable units is typically limited to small approved safety containers, and communities in wildfire-prone areas often add more restrictions on outdoor fuel storage.
Running a Generator During a PSPS
Public Safety Power Shutoff events are why a lot of Californians own a generator in the first place, and CARB has addressed this directly. PSPS events qualify as emergencies, and CARB regulations allow the use of backup generators during a shutoff. For consumer portable generators, CARB imposes no restrictions on when you can run them during a PSPS. Larger industrial and commercial diesel generators over 50 brake horsepower can also operate during a PSPS under CARB rules, though local air districts may add conditions.11California Air Resources Board. CARB Regulations Allow for the Use of Back-Up Generators During Public Safety Power Shutoff Events
CARB’s PSPS guidance carries the safety warnings that matter most: never operate a generator indoors or near open windows because of carbon monoxide risk, never connect directly to home wiring without a licensed electrician and permits, and never run a generator near dry vegetation or leave it unattended. Fire departments may restrict generator use in specific locations during high fire-risk conditions.11California Air Resources Board. CARB Regulations Allow for the Use of Back-Up Generators During Public Safety Power Shutoff Events
Penalties for Noncompliance
California enforces generator rules through overlapping state and local agencies, and fines stack because each day of violation counts as a separate offense. Under California Health and Safety Code Section 42402, a person who violates air quality rules faces a civil penalty of up to $5,000 per violation. The cap climbs to $10,000 per day for more serious or knowing violations, and to $15,000 per day if the violation causes actual injury to public health and safety.12California Legislative Information. California Health and Safety Code HSC 42402
Local enforcement piles on rather than replacing state penalties. Cities and counties can fine you for noise ordinance violations, order removal of improperly installed generators that don’t meet building codes, and revoke permits. Air quality management districts run their own inspections and issue notices of violation for uncertified or non-compliant engines, especially diesel units operating without required district permits.
Exemptions Worth Knowing
Emergency standby engines at 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, so long as their permits cap operation at 200 hours per year.13South Coast Air Quality Management District. Proposed Rule 1110.4 Emissions from Emergency Generators These units can run during actual emergencies and for limited maintenance and testing.
Fire and police departments and other emergency response agencies can buy generators powered by non-CARB-certified engines when no California-certified alternative exists, but they have to submit a request to CARB’s Executive Officer for approval.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, though those vary by district.
Incentives If You Move to Zero-Emission
CARB’s Clean Off-Road Equipment Voucher Incentive Project (CORE) provides point-of-sale discounts on commercially available zero-emission off-road equipment, including eligible generators. You don’t have to scrap 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 2025.14California Air Resources Board. Clean Off-Road Equipment Vouchers
For home battery storage, the Self-Generation Incentive Program (SGIP) has been the main funding source, but as of early 2026 most 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, though availability is tight.15Self-Generation Incentive Program. Program Metrics Check the SGIP waitlist status before you count 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, 2025.16Internal Revenue Service. Residential Clean Energy Credit As of 2026, no equivalent federal tax credit exists for residential battery systems unless Congress enacts new legislation.