Court ruling puts natural gas bans in the San Diego area on hold - The San Diego Union-Tribune

Court ruling puts natural gas bans in the San Diego area on hold - The San Diego Union-Tribune

Court ruling puts natural gas bans in the San Diego area on hold

Local governments pause after federal appeals court strikes down Berkeley’s ordinance

Two years ago, city officials in Encinitas passed a sweeping ordinance that banned natural gas hookups in all new construction, including homes, within its city limits.

But in the wake of a recent federal appellate court ruling in the Bay Area, Encinitas has suspended its prohibition for now, and city governments in other parts of the San Diego area who were poised to adopt similar measures have put their plans on hold.

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“The short answer is yes, very much, the (court) decision affects the city of San Diego,” said Randy Wilde, senior policy adviser for San Diego Mayor Todd Gloria.

In April, the Ninth Circuit Court of Appeals in San Francisco overturned the city of Berkeley’s ban on natural gas hookups in new structures, saying Berkeley bypassed federal energy regulations when it approved in 2019 what was then the first ordinance of its kind in the country.

After a three-judge panel issued the ruling, Berkeley’s city attorney later filed a petition requesting what’s called an “en banc” hearing, arguing the appeals court decision was wrong.

If a majority of judges on the full Ninth Circuit vote to review the decision, the chief judge and 10 other randomly selected judges will take up the case and determine if the ruling stands or gets reversed.

In the meantime, the Encinitas City Council voted on June 14 to temporarily suspend the portion of its electrification ordinance that deals with natural gas until the case works its way through the court system.

“Once we know where that decision stands, then we can decide either to reinstate what we had” if the court ultimately rules the Berkely ordinance is legal, said Crystal Nejera, the sustainability manager for the city of Encinitas. “Or if the decision is upheld, then we can choose to revise our local ordinance to a version that is not out of compliance.”

Nejera said other parts of the Encinitas ordinance are still in effect — such as energy efficiency requirements for existing residential buildings that go beyond the state’s code and rules to install electric vehicle charging stations.

The city council in Carlsbad planned to vote on a prohibition on natural gas in new construction but has decided to wait and see what happens at the Ninth Circuit. The city council last month voted unanimously to revisit the issue on July 11.

Like many cities in the San Diego area, Carlsbad has adopted climate action plans that require slashing greenhouse gas emissions in their jurisdictions.

“We know that we need to move toward renewable energy sources and move away from fossil fuels,” said Carlsbad City Council member Teresa Acosta. “So we are really working towards finding whatever mechanisms we can find in our city to do that.”

When the appeals court ruling came down, staff at the city of San Diego was drafting language on a measure similar to Berkeley’s ordinance to bring to the city council.

With the court case in flux, staff has consulted the city attorney’s office about other options such as adopting measures that are more voluntary than compulsory.

“We’re not exactly in the same position as some of the other cities because we haven’t adopted anything yet,” said Shelby Busó, the city’s chief sustainability officer. “So we have a little bit more time to get stakeholder feedback ... But in the meantime, we don’t want to just be kind of sitting here doing nothing.”

The city of San Diego’s Climate Action Plan wants to reach net-zero emissions by 2035 and officials have set very aggressive goals when it comes to natural gas within the city limits.

The San Diego City Council voted 8-0 last year to not only eliminate natural gas hookups for all new construction but cut natural gas in existing buildings by 45 percent by 2030 and then phase out 90 percent of natural gas in all buildings — including houses, condos and apartments — by 2035.

Can San Diego hit those natural gas elimination targets if the court ultimately deems Berkeley’s ban illegal?

“I think so,” Busó said. “We can try to focus more on the existing building side and we can actually work on those incentives. We can get creative ... These goals are set in many different jurisdictions that have regulations like this in place (but) it makes it a lot trickier, potentially more expensive.”

Del Mar’s city council also had plans to consider a building electrification ordinance but assistant city manager Clem Brown said the city “is holding it in abeyance” until there’s some clarity on the Berkeley court case.

Solana Beach in 2021 adopted an ordinance that includes requirements for all new residential and commercial construction to use electricity as the source of power for space and water heating (including spas and pools) and clothes dryers.

The Solana Beach city attorney’s office said it is evaluating the potential impacts the appeals court ruling may have on its ordinance. Other components that deal with electric readiness, pre-wiring of structures for energy storage and electric vehicle charging are unaffected by the Berkeley case, the city attorney’s office said in an email.

The Ninth Circuit’s ruling came after the California Restaurant Association, looking to protect kitchen appliances that use natural gas, filed a lawsuit that challenged Berkeley’s ordinance.

Banning natural gas in homes has turned into a hot political topic in recent months.

Environmental groups have pointed to studies reporting a connection between gas stoves and asthma in children and other health risks. The natural gas industry says there are no documented risks to respiratory health, especially if homes are properly ventilated.

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