On July 15, 2024, the City of Santa Rosa informed the National Propane Gas Association (NPGA) that it has suspended enforcement of its ordinance that would have banned propane appliances in newly constructed buildings.
This comes after NPGA’s General Counsel and the Western Propane Gas Association (WPGA) sent letters to the City of Santa Rosa 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 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NPGA noted multiple California localities that have repealed these ordinances and asked for a meeting with the several remaining localities to discuss their plans regarding these preempted ordinances. NPGA is continuing to reach out to additional localities and meet with attorneys for these localities.
You can contact Director of Regulatory Affairs and Associate General Counsel Kate Gaziano with any questions.
