Contra Costa Suspends All-Electric Requirement For New Buildings

CONTRA COSTA COUNTY, CA — The Contra Costa County Board of Supervisors suspended enforcement Tuesday of its requirement that most new buildings be constructed as all-electric buildings in the wake of a court ruling.

The installation of natural gas infrastructure has been barred by a county ordinance that took effect in April 2022 as part of the county's building code. Building permits issued on or after June 1, 2022, for new construction of all residential, retail, office and hotel buildings were required to be all-electric.

Following the board's action this week, the all-electric building requirement will not be enforced, county officials said Wednesday.

It comes after the U.S. Court of Appeals for the Ninth Circuit invalidated a similar ordinance in the city of Berkeley that prohibited natural gas infrastructure in new buildings. The court held that the federal Energy Policy and Conservation Act precludes cities and counties from adopting building codes that prohibit the installation of gas plumbing in buildings.

Contra Costa County’s all-electric building requirement, like the invalidated City of Berkeley ordinance, prohibits the installation of gas plumbing in new buildings. The county is therefore suspending this requirement in response to the Ninth Circuit’s decision, county officials said Wednesday.

At the same time, the Board of Supervisors remains committed to the goals that prompted it to adopt the all-electric requirement: improving public health and fighting climate change. The Board referred the topic of reducing greenhouse gas emissions from buildings to its Sustainability Committee and directed staff to report on alternatives for advancing this objective at the Committee’s next meeting.

"Contra Costa County remains committed to reducing the use of fossil fuels in buildings and continues to support the construction of new buildings using all-electric technologies," Supervisor Federal Glover said. "We are eager to identify new and innovative ways to continue to pursue our goal of reducing greenhouse gas emissions from buildings."

The county will still encourage residents and businesses to continue to install all-electric building systems and appliances, citing the benefits of all-electric construction, some of which include cleaner air and better health outcomes; financial incentives and rebates for all-electric appliances; and the potential discontinuation of gas appliances in the future from possible regulatory actions.

The county has a sustainability website with more information on state and federal incentives, rebates, and other ways to fund all-electric upgrades.