Gas Ban; Electrifiying Building Code

Energy Code Evolution - It’s Electric!

Jon Kovar-Tooke

Posted by Jon Kovar-Tooke

Gas Bans have been in the news for years now since the City of Berkley, CA banned natural gas hookups in new buildings in 2019. Beginning in 2023 we saw the news reach the headlines more often as those who opposed this initiative sought legal remedies - and with success. In April 2023, The California Restaurant Association (CRA) argued the city overstepped federal energy regulations and was able to overturn the ordinance. This ruling only affects the jurisdiction of the Ninth Circuit, compromising 10 states and territories on the Pacific coast of the US, California, Alaska and Hawaii. Still, there are initial plans to consider a phase out on the Federal Level, but that is years away and will affect two in five homes that have gas stoves so careful planning is required. 

Electrification Is Becoming Commonplace

Before the CRA’s lawsuit even won, it was being referenced in legal challenges to decarbonizing laws coast to coast. According to a February 2023 Report by the Building Decarbonization Coalition, the last five years has seen roughly 100 cities and states enact bans of some sort. It is estimated that one in five Americans resides in a place that’s passed some kind of building decarbonization policy. 

Easing Adoption Is Important

New York’s law passed recently and will go into effect in 2025-28, San Francisco’s going into effect 2027-31, Los Angeles’ ban is in place with exceptions for backup power generators and commercial kitchens among a few other scenarios. Some cities like Chicago avoided hard bans for a softer approach and added a provision to the 2022 Energy Transformation Code that all new residences simply be ‘wired and ready’ so a switchover from a gas to electric appliances would be easy. Burnham’s Director of the Code Group, Chris Chwedyk, who as involved with BOMA/Chicago’s Decarbonization Working Group, feels it’s the right approach to start; “It’s best to have people prepared foremost, and after they understand the impact and purpose, genuine adoption will follow when something more firm regarding gas restrictions is implemented.” 

Pros Often Outweigh The Cons

Even though there is litigation to push back on these gas bans, public opinion and practice is reflecting support for the electrification of not only new, but existing buildings that had both gas and electric. There’s a variety of reasons:

  1. Health and Safety, as burning gas emits Nitrogen Oxide which is poisonous if not properly ventilated, and also contributes to poor air quality that affects those with breathing issues. 
  2. Cost of Maintenance and Equipment is often cheaper with electric appliances. However, natural gas is generally 2-3 times cheaper than electricity as far as paying your monthly utility bills - so there are some trade offs to consider with upfront investment.
  3. Sources of Energy for electricity can be cleaner. While natural gas can produce electricity it is a fossil fuel being burned. However, it is a much cleaner fuel when burned, creating 60% less CO2 Vs. coal. The availability of renewable energy sources from solar, wind and hydro makes consuming electricity nearly guilt-free. 
  4. Government Incentives to install or upgrade electric appliances in place of natural gas. You can apply for up to $840 in reimbursement thanks to a provision in the 2022 Inflation Reduction Act. 

The Time Is Now, Not Tomorrow, To Start

The main goal of these gas bans is to ‘stop digging the hole’ that is contributing to the burning of fossil fuels. But we also need to carefully plan on the transition to be electric-centric. How do we safely sunset gas infrastructure and retrain gas workers to maintain this expanded utility expected to add 2-3 times additional load to the existing grid? Since we’ll be dependent on electricity, we will need to consider and make sure the grid and it’s protections are robust and redundant should there be an incident that disrupts power it can rebalance distribution or pull from reserve battery storage. One of the first steps is to adopt the latest International Energy Conservation Codes (IECC) in the jurisdiction to lighten the existing load. 

Think Globally, Act Locally

This initiative goes beyond the US, and countries around the world have moved to ban natural gas in new or renovated buildings on top of plans to phase out gas-powered vehicles. The National Resources Defense Council (NRDC) generated a report to help guide and plan for this transition no matter where you live. 

Avoid Resistance And Plan For Contingencies, With The Experts At Burnham

If you’re unsure about your local laws or current propositions, Burnham can navigate these quickly changing policies. Let us plan for contingencies and important dates and keep an eye out so your building plans won’t be affected or have alternative courses of action so you don’t have to restart your project.

Contact us through our site or give us a call at (800) 407-7990.

Did Berkeley's natural gas ban survive its legal challenge?
No - the Ninth Circuit's ruling against Berkeley's ban became final in January 2024 when the court declined to rehear the case en banc. Berkeley subsequently repealed the ordinance and settled with the California Restaurant Association. The ruling stands across the Ninth Circuit's nine western states and territories unless overturned by the Supreme Court.
Does the Berkeley ruling block all building electrification policies, everywhere?
No - it specifically struck down Berkeley-style bans (prohibiting gas piping outright) within the Ninth Circuit's jurisdiction, on the grounds that they were preempted by a federal energy law. Cities outside that circuit, and approaches built into building codes or air-quality standards rather than blanket bans, remain a separate legal question.
Is the $840 federal rebate for switching from gas to electric appliances still available?
It depends heavily on your state and household income. The rebate (part of the IRA's HEEHRA/HEAR program) is income-qualified, was never available nationwide all at once, and rollout has varied widely by state - some have launched and already exhausted their allotted funds, others are still in development, and the program overall ends once each state's IRA funding runs out, with no guarantee of further funding from Congress.
Did New York's all-electric building law actually take effect?
This is worth double-checking directly with current NY state sources, since the original effective dates (2025–28) predate several years of legal and political shifts around gas-ban policy nationally - I'd treat the original timeline as no longer guaranteed without a fresh check.
Why do cities like Chicago avoid outright gas bans in favor of "wired and ready" requirements?
This kind of approach sidesteps the legal vulnerability that hit Berkeley's ordinance, since it doesn't prohibit gas hookups outright - it just requires new construction to be electrification-ready so a future switch is easier, which has proven more durable given how the gas-ban litigation has played out since 2023.
OTHER BLOGS

Recent Posts


Connect With Us

Simply Getting it Done

Contact Us