FILE - A gas-lit flame burns on a natural gas stove, March 26, 2024, in Los Angeles. California could soon ban the sale of new gas stoves unless they carry a label warning about pollutants they can release that have been linked to respiratory illnesses. The state Assembly approved the proposal Monday, May 13, 2024, that would require a warning label on gas stoves made or sold online after 2024, or sold in a store after 2025. (AP Photo/Richard Vogel, File)
County suspends natural gas ban
Federal ruling halts law for new buildings aimed at reducing emissions
By Emma Murphy The Press Democrat

Sonoma County is suspending its prohibition on natural gas or propane appliances in new construction following a court determination that federal law overrides such a ban.

The 9th U.S. Circuit Court of Appeals earlier this year determined that the federal Energy Policy and Conservation Act preempts local regulations restricting or banning natural gas appliances.

The decision affected jurisdictions in California, among them Santa Rosa and Healdsburg.

Berkeley had led the way on natural gas restrictions when, in 2019, it adopted a measure requiring new residential and commercial buildings to feature entirely electric utility lines and infrastructure, rather than natural gas piping, with few exemptions. Other California municipalities followed suit, but the regulations were thrown into question when the California Restaurant Association challenged Berkeley’s ordinance.

Courts, including the appellate court panel in April, found in favor of the restaurant association. Cities and counties have been trying to unwind regulations that ran afoul of the ruling ever since.

“It’s a substantial economic issue and environmental issue,” said Tennis Wick, director of Sonoma County’s building and permitting department.

In 2022, the Board of Supervisors approved an all-electric building code that banned natural gas appliances in buildings with a few exceptions, including secondary units and additions to a house if the main residence already uses natural gas, and homes where alternative energy sources like solar panels won’t work, such as in Camp Meeker, said Wick.

The all-electric code was intended to help the county meet its climate goals and reduce fossil fuel emissions. It applied to construction outside city limits.

Natural gas use represented about 77% of the total emissions from energy used in buildings in Sonoma County in 2022, according to the Regional Climate Protection Authority’s latest greenhouse gas inventory published in July.

In the aftermath of the court ruling, some municipalities, including Santa Rosa and Napa County, have begun pursuing building codes that contain “electric-preferred” efficiency standards.

Sonoma County has not yet determined how it will update its building code.

The county is looking to the state of California for guidance on how to adjust its building code, which the county updates every three years.

Wick said he expects the discussion to go before the Board of Supervisors in December.

Until then, the county will not enforce the part of the code that includes the restriction on natural gas appliances, Wick said.

“We still encourage new residential construction to look for suitable alternatives to fossil fuel-burning appliances, and we will undoubtedly revisit this issue during our next building code update,” Board of Supervisors Chair David Rabbitt said in a county news release announcing the suspension of the all-electric code enforcement.

You can reach Staff Writer Emma Murphy at 707-521-5228 or emma.murphy@pressdemocrat.com. On Twitter @MurphReports.