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Commission recommends aligning all‑electric rule with federal EPCA for certain appliances

Building Inspection Commission · September 18, 2024
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Summary

The commission unanimously recommended Board file 240845 to allow gas infrastructure for appliances covered by the federal Energy Policy and Conservation Act, aligning San Francisco's all‑electric policy with a Ninth Circuit ruling and permitting limited natural‑gas service for EPCA‑covered products.

The Building Inspection Commission voted unanimously to recommend Board of Supervisors file 240845, an amendment to San Francisco's all‑electric ordinance that would permit installation of natural‑gas infrastructure where required for appliances covered by the federal Energy Policy and Conservation Act (EPCA).

Staff said a recent Ninth Circuit decision has found that local bans on gas infrastructure can be federally preempted for EPCA‑covered appliances, and the proposed change is intended to conform local law to that ruling. "Essentially what was determined is by banning natural gas infrastructure, you are not allowing those EPCA covered appliances to be used if they need natural gas to be functioning," a DBI presenter said.

Presenters explained the amendment treats buildings that include limited gas infrastructure serving EPCA‑covered appliances as still eligible to be considered "all electric" for purposes of obtaining a new building permit, avoiding classification as mixed‑fuel where another exception process would apply. Legal staff elaborated that the ordinance extends the 2020 all‑electric framework to accommodate EPCA‑covered products while preserving the broader intent of the local policy.

Commissioners asked technical questions about how the change interacts with state energy codes; staff replied that the energy code incentives favor electrification but that developers currently have choices and additional energy‑code compliance steps are often required when gas appliances are installed.

The commission recorded a unanimous roll call vote to recommend the file to the Board of Supervisors.

Next steps: the commission's recommendation will be transmitted to the Board of Supervisors for consideration under file 240845.