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NPGA AND WPGA WORKING TO FIGHT ELECTRIFICATION ORDINANCES

Written on: June 2, 2024

From the National Propane Gas Association Bobtail

On May 23, 2024, NPGA’s General Counsel and the Western Propane Gas Association sent letters to several 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 (“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 use within buildings are invalid because they govern the energy use of a covered appliance and are thus preempted by federal law. We noted multiple California localities that have repealed these ordinances and asked for a meeting with the several remaining localities to discuss their plans regarding these preempted ordinances. Questions? Contact NPGA Director of Regulatory Affairs and Associate General Counsel Kate Gaziano at kgaziano@npga.org.

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