San Rafael poised to repeal gas ban for new construction

San Rafael is repealing its ban on natural gas connections in new construction following a recent federal ruling involving Berkeley that has Bay Area cities and counties rethinking how to achieve their climate goals.

In 2022, the San Rafael City Council adopted an ordinance requiring new residential and commercial construction to be all-electric, precluding the use of natural gas. The move was part of a strategy to reduce the city’s carbon footprint 40% by 2040.

Last month, the council voted unanimously to replace that city law with other provisions, including a new “flex path” program for home renovations greater than 500 square feet. The program provides homeowners a menu of energy-saving options to reduce greenhouse gas emissions, but it does not require electrification.

“It does feel regrettable that we have to take a step back,” Vice Mayor Eli Hill said. “But I continue to look at how we’re able to make real change in our impacts.”

Corte Madera is also proposing to repeal its ban, while the county, Fairfax, and San Anselmo are weighing their options. A similar flex program is also part of the Corte Madera proposal. The other Marin jurisdictions with bans have already adopted similar flex programs.

Recently, Sunnyvale, Cupertino, Contra Costa County, San Mateo County and San Luis Obispo suspended their gas bans.

The pauses come in the wake of the 9th Circuit Court declining in January to rehear Berkeley’s ban on natural gas in new buildings, which was first struck down by the court in April 2023. A panel of judges ruled that Berkeley cannot prohibit natural gas due to a pre-existing federal energy law.

Berkeley has since agreed to repeal the ban. The court’s ruling doesn’t affect cities that have taken a building code-based approach to adopting natural gas bans but some cities are choosing to suspend bans to avoid possible litigation or other legal issues in the future.

In 2019, Berkeley became the first U.S. city to adopt a ban on natural gas in new homes and buildings, starting a climate change-driven move in many other cities and counties that morphed into a culture war over the future of gas stoves.

The California Restaurant Association filed suit to overturn the ban, saying it was “passed with a disregard for available cooking technologies and ultimately for small businesses in the community that rely on gas-burning equipment for their cuisines.”

But environmentalists say all-electric buildings — which have no natural gas or propane plumbing installed and use electricity as the sole source of energy for heating, cooking and other home appliances — are more affordable, energy-efficient and crucial for accomplishing California’s goal of achieving 100% zero-carbon energy by 2045.

Bill Carney, chair of Sustainable San Rafael, an environmental advocacy group, said repealing the ordinance is a huge setback to the city’s greenhouse gas emission reduction goals.

“Gas furnaces, water heaters and other appliances emit a quarter of San Rafael’s climate pollution,” Carney said. “Electrifying buildings with heat pump appliances eliminates these emissions.”

Carney said it also prepares people for bans on gas water heaters and furnaces coming in 2027 and 2029 that were passed by Bay Area Air Quality Management District in 2023.

San Rafael Councilmember Maribeth Bushey said she didn’t see it as a setback.

“I think that this is a step forward,” Bushey said. “It encompasses our goals and empowers our residents.”

San Rafael staff estimate the new program will still help reduce emissions about 10% to 22%.

“Our homeowners can choose from the list what they want to do, what means most to them, how they want to move forward in this,” Bushey said.

Fairfax was the first Marin jurisdiction to adopt the all-electric building requirement, in 2021.

On May 10, attorneys representing the California Restaurant Association submitted a letter to Fairfax stating that after reviewing the town’s law “we have concluded that it is functionally indistinguishable from Berkeley’s Ordinance and is therefore preempted.”

“It does not appear that the Town has taken steps to repeal or suspend enforcement of the ordinance,” the letter says. “We would prefer to resolve this issue informally and amicably and thus are reaching out to see whether further discussion would be helpful in resolving this situation short of an adversarial process.”

Fairfax Town Manager Heather Abrams said town attorney will be responding. Abrams did not say whether the town was considering a repeal or suspension.

San Anselmo officials haven’t decided what path to take.

“We are currently reviewing our options around this issue but are not making any recommendations to the Town Council at this time,” said Town Manager Dave Donery.

Dana Armanino, Marin County’s sustainability planning manager, said the county is also considering its options, “including potentially suspending enforcement.”

Phoebe Goulden, Corte Madera’s climate official, said the ordinance update to remove the gas ban and adopt the flex program is set to be presented to the Town Council on June 18.

The San Rafael City Council is expected to approve its ordinance on a second reading on Monday. The ordinance is available at bit.ly/4dVLqUm.

The Bay Area News Group contributed to this report.