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City staff present electrification options; attorney flags federal preemption risk from EPCA ruling

Bend Visitor Development Advisory Board (VDAB) · January 13, 2025
AI-Generated Content: All content on this page was generated by AI to highlight key points from the meeting. For complete details and context, we recommend watching the full video. so we can fix them.

Summary

City staff presented electrification policy options and the city attorney warned that a Ninth Circuit decision interpreting the Energy Policy and Conservation Act (EPCA) creates legal uncertainty for local bans on natural‑gas infrastructure.

City staff and consultants briefed the advisory board on Jan. 9 about policy and program options to encourage electrification of buildings as part of Council climate goals. The Environment & Climate Committee had recommended that Council consider regulatory measures for new construction alongside incentive and education programs for existing buildings; staff asked the Board for input and identified legal uncertainty as a primary constraint.

"The city has goals that were adopted in 2016 to reduce greenhouse gas emissions by 40% by February 30 and 70 percent by 02/1950," Cassie Lacy, senior management analyst for the City Manager's Office and lead for climate and sustainability, said in the staff overview (transcript text as stated by the presenter).

Attorney overview and legal risk

City Attorney Michael Seltzer summarized federal and state legal constraints and emphasized caution: courts and statutory text are changing quickly. He flagged the Ninth…

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