The Santa Clara City Council voted earlier this month to suspend the city’s ban on natural gas in new construction. They join over 50 localities throughout California that have suspended or repealed their gas bans, citing the Ninth Circuit decision CRA v. Berkeley. This is an area NPGA has been active in, sending letters to and meeting with the attorneys for Santa Clara County and other cities also within Santa Clara County. In our advocacy efforts, we 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. NPGA’s legal and state teams continue to oppose existing and proposed gas bans throughout the country. Questions? Contact Director of Regulatory Affairs and Associate General Counsel Kate Gaziano or Austin Wicker, Senior Manager, State Government Affairs.
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