California Chief Federal Prosecutor Bill Essayli issued a warning on Thursday, stating that the South Coast Air Quality Management District (SCAQMD) could face legal action if the board votes to phase out gas equipment. According to the voting results on the 6th, the board temporarily rejected the plan to gradually eliminate gas equipment.
Over the past few years, California has repeatedly proposed banning residential or commercial gas equipment in order to reduce air pollution, sparking significant controversy. On Friday, the SCAQMD board voted on the proposed amendments to regulations PAR1111 and 1121, aiming to achieve “zero-emission sales goals” by gradually phasing out gas furnaces and gas water heaters.
SCAQMD previously stated that residential appliances are one of the largest existing sources of haze gas in the area. These regulations could significantly reduce pollutants emitted from gas furnaces and gas water heaters, reducing haze pollution.
During the meeting on Friday, members of the public who supported the regulations stated during the speaking session that addressing pollution issues is crucial, as the pollutants excluded by gas equipment pose a threat to the environment and people’s health, emphasizing the importance of clean air.
However, many are concerned that California’s actions effectively amount to a ban on the sale and installation of natural gas equipment for these purposes. With people already facing challenges due to rising prices, being forced to only use electric equipment would significantly increase their cost of living.
Based on the final voting results, with 5 votes in support, 7 votes against, and 1 absent vote, the SCAQMD board temporarily rejected regulations PAR1111 and 1121. The board did not completely abandon the two regulations, but voted to send the rules back to the committee, indicating that a new version may soon be developed, followed by another round of voting.
SCAQMD’s jurisdiction includes all areas of Orange County, as well as urban areas in Los Angeles County, Riverside County, and San Bernardino County. As per regulations PAR1111 and 1121, starting from 2027, areas within its jurisdiction will gradually ban the sale of gas furnaces and gas water heaters until 90% of gas equipment is phased out by 2036.
If manufacturers fail to produce a certain number of electric equipment within the specified timeframe, a fine will be imposed for each additional traditional gas device produced. These costs may be passed on to consumers.
Some comprehensive data indicates that the typical lifespan of heating systems is usually around 15-25 years, while water heaters typically last 12-15 years. According to the regulations, residents are not required to replace existing appliances. However, when their gas water heaters, central heating systems, and furnaces malfunction and need replacement, they will only be allowed to purchase electric zero-emission equipment.
On the day before the SCAQMD board vote, Essayli warned on social media: “California regulators have been put on notice: if you impose illegal bans or fines on gas equipment, we will see you in court. The law is clear, energy policy should be determined by the federal government, not unelected climate bureaucrats.”
In a letter sent to the SCAQMD chairman and government representatives of the board, Essayli stated that the U.S. government is committed to eliminating excessive interference preventing people from using domestic energy resources (including natural gas). Americans have the right to heat their homes, fuel their cars without being restricted by policies that “increase energy prices” and “degrade quality of life.”
He pointed out that the two regulations SCAQMD wants to pass are constrained by the federal Energy Policy and Conservation Act. Using the case of Berkeley, California as an example, in 2024, the U.S. Ninth Circuit Court of Appeals overturned a natural gas ban in the city of Berkeley, ruling that the federal Energy Policy and Conservation Act supersedes local ordinances.
“To protect the interests of the American people, the Attorney General has been directed to take any appropriate action to prevent those states and local laws that burden the normal use of domestic energy resources in the U.S., including natural gas,” he noted. If SCAQMD passes regulations PAR1111 and 1121, his office will take all necessary measures to enforce federal law, including filing civil lawsuits and seeking any and all available remedies, including injunction relief, monetary compensation, and fines.
During the discussions prior to the Friday vote, some board members indicated that the threat of federal litigation was one of the reasons leading them to vote against the regulations.