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RIVERSIDE, CA REPEALS ELECTRIFICATION ORDINANCE

Written on: June 23, 2024

From the National Propane Gas Association Bobtail

On June 18, 2024, the Riverside City Council voted unanimously to repeal their electrification ordinance that would have banned propane appliances in newly constructed buildings. NPGA and WPGA submitted a letter to the docket in support of the repeal and Western Propane Gas Association (WPGA) gave public comment. This comes after NPGA’s General Counsel and WPGA sent letters to the City of Riverside 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 (“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 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. We noted multiple California localities that have repealed these ordinances and asked for a meeting with the several remaining localities to discuss their plans regarding these preempted ordinances.

We are continuing to reach out to additional localities and pursue and schedule meetings with attorneys for these localities. Questions? Contact Director of Regulatory Affairs and Associate General Counsel Kate Gaziano at kgaziano@npga.org