Ninth Circuit Court of Appeals Confirms Berkeley Gas Ban Preempted by Federal Law.

In the April 17, 2023 Update on End Use Codes and Standards, we reported that “ a unanimous panel of the United States Court of Appeals for the Ninth Circuit held that the federal Environmental Policy and Conservation Act, EPCA, expressly preempts a municipal code that regulated gas use in covered products by prohibiting gas service in new construction”. Recall that back in July 2019, the city of Berkeley California,  was the first city to issue a natural gas ban. On January 2nd, the U.S. Court of Appeals for the Ninth Circuit issued a decision (attached) that “reaffirmed that federal law preempts Berkeley’s attempt to use building codes to restrict access to natural gas and thus prohibit consumers from using natural gas–powered appliances in newly constructed buildings.” The January 4, 2024 AGA Press Release on the Ninth Circuit Court  reaffirmation can be found here.  This decision will have an impact on other activities in states, cities and energy codes that have or propose to ban the use of natural gas for the built environment.

Update on DOE Appliance and Equipment Standards Rulemakings and Notices.

In response to recent inquires on sources of the status of the Department of Energy (DOE) minimum efficiency requirements and rulemakings on residential and commercial appliances and equipment, BECS Committee members are directed to this website: Standards and Test Procedures  | Department of Energy. Note that the site provides information on “recent updates, current standards and test procedures, waivers, exceptions, and exemptions, statutory authority, and historical information.”  Of major interest to BECS Committee members are the minimum efficiency requirements as well as proposals for revised standards for natural gas appliances including residential furnaces, boilers, water heaters, cooking products. space heaters, etc., located in the Consumer Products section and commercial furnaces, water heaters, boilers, etc. located in the Commercial and Industrial Products section.

State Codes Activity Update.

Attached is a weekly feature of the “Friday Update” covering state code calendar activities as presented by the online utility “Fiscal Note,” which is sponsored by APGA and AGA Code and Standards. Please review the update and determine if there are state code activities that impact your service territory or organization.