The Bay Area Air Quality Management District has released proposed changes that would loosen its upcoming zero-emission rule for small water heaters, and the public has until 6 p.m. on Nov. 1 to weigh in before the district's board votes on Nov. 4.
What the current rules require
In March 2023 the Air District amended two rules that set emission standards for new furnaces and water heaters sold or installed in the region. Under that schedule, only zero nitrogen oxide small tank water heaters could be sold or installed starting in 2027, only zero-NOx furnaces starting in 2029, and only zero-NOx large commercial and tankless water heaters starting in 2031. The district says the rules apply only to new equipment, when an old appliance burns out, and do not require anyone to replace a working unit. In practice, gas models do not meet the standard, which is why critics call the rules a gas appliance ban.
What would change
On Oct. 2 the district posted proposed rule language, a 54-page preliminary staff report, an updated socioeconomic analysis and an addendum to its environmental impact report for the water heater rule. According to the district, the amendments would provide some exemptions to the zero-NOx standard and extend the compliance date. Ideas the district has floated include letting small gas water heaters of 35 gallons or less stay on sale for a limited time, exemptions for low-income homeowners and some small businesses, temporary loaner heaters for emergencies, and extra time for homes that would need major electrical upgrades or a relocated heater. The furnace rule is set to be taken up later.
Pushback from landlords
Ahead of the board's Oct. 7 meeting, rental housing groups from across the district's nine counties planned to testify against the rules, the Contra Costa Herald reported. Groups listed included the East Bay Rental Housing Association, the Berkeley Property Owners Association and the Small Property Owners of San Francisco Institute. They argue the mandate would add costs for older and cramped buildings, disrupt tenants and push some owners to sell.
How to comment
The district says written comments must go through its online comment tool at comments.baaqmd.gov and that it cannot consider comments sent by email. Letters can be mailed to Rule Development at 375 Beale St., Suite 600, San Francisco, and people can also speak at the Nov. 4 hearing, which starts at 9 a.m. and can be watched on Zoom.