Plans for the City of Irvine to require newly constructed buildings to be fully electric starting next month were postponed by city officials April 25 after a federal ruling shut down Berkeley’s natural gas ban—the first in the nation—earlier this month.
The Ninth Circuit Court, out of San Francisco, ruled banning natural gas piping in newly constructed buildings was a violation of federal law in a lawsuit between the California Restaurant Association and the City of Berkeley.
During a discussion on the issue, Irvine Councilwoman Kathleen Treseder asked city staff if there was a way to get around the court ruling.
“I’m hoping for a report of a possible workaround. I’m hearing there might be one from other attorneys,” she said.
City Attorney Jeffrey Melching indicated he would investigate the city’s options.
“There’s an avalanche of attorneys having opinions about this,” he said. “We will look at it thoroughly and find out if there’s a way to move forward.”
The city’s ordinance which was introduced in March, bans new buildings from containing combustion equipment commonly used in some plumbing, water heating, cooking appliances, dryers, and gas-powered fireplaces.
The change is meant to assist the city in meeting its previously set goal of reaching carbon neutrality by 2030, among other objectives. Irvine was the first city in the county to set such a goal.
“This is such a great opportunity. If we’re the first city in Orange County to take the lead, then other cities might follow,” Treseder said on the issue in a March 28 council meeting.
Restaurants and commercial kitchens are exempt from the city’s ordinance.
Multi-family apartments in the pipeline for construction—which have or will submit permit applications before July—and planned for gas-powered water heating were given until July 1, 2024, to switch to electric systems.
The issue will be discussed again at the council’s May 9 meeting.
