County of Santa Clara Suspends Electrification Ordinance

On July 31, 2024, the County of Santa Clara informed NPGA in writing that it has suspended enforcement of its ordinance that would have banned propane appliances in newly constructed buildings. This followed a productive meeting with their County Counsel last week. Their official statement read:

Following the decision in California Restaurant Association v. City of Berkeley, the County of Santa Clara, Department of Planning and Development will not enforce the County’s all-electric ordinance.  The County will continue to enforce the California Energy Code’s separate “electric-ready” requirements.

This comes after NPGA’s General Counsel and WPGA sent letters to the County of Santa Clara and several other high-propane usage California localities with active electrification building ordinances. The letter explained that the Ninth Circuit Court of Appeals, the federal appellate court governing several western states including California, ruled in CRA v. Berkeley that the Energy Policy and Conservation Act (“EPCA”) expressly preempts any state or local regulation “concerning the energy efficiency, energy use, or water use of” a covered appliance, and that electrification ordinances banning gas and propane piping or banning propane powered appliances within buildings are invalid because they govern the energy use of a covered appliance and are thus preempted by federal law. We noted multiple California localities that have repealed these ordinances and asked for a meeting with the several remaining localities to discuss their plans regarding these preempted ordinances. We are continuing to reach out to additional localities and meet with attorneys for these localities.

Questions? Contact Director of Regulatory Affairs and Associate General Counsel Kate Gaziano.