26 local leaders call on Calif. governor to enact statewide fossil fuels ban in new construction

Frustrated by legal challenges to their own emissions reduction efforts, 26 local leaders from California are calling on the state’s govorner to step in and enact a ban on the use of fossil fuels in new construction for things like cooking and heating.

“We urge you to take swift action to ensure California can meet its climate goals by encouraging the adoption of a zero-emission building standard statewide,” the local officials wrote in a joint letter to Calif. Gov. Gavin Newsom last week.

Representatives who signed the petition included leaders from San Francisco, Los Angeles, Sacramento, Oakland, and San Jose. The letter cites the decision by the 9th Circuit Court of Appeals, in the case of the “California Restaurant Association vs. Berkeley,California Restaurant Association vs. Berkeley,” which overturned Berkeley, Calif.’s 2019 localized ban of fossil fuels in new construction as impetus for the governor’s action. At the time of its passsage, Berkeley was the first city in the nation to enact such a law. The court’s judgement, which was written in April of this year, determined the federal Energy Policy and Conservation Act preempts Berkeley’s ordinance, nullifying the local order.

“The best path forward in light of recent legal challenges is to follow the lead of local jurisdictions and pursue statewide implementation of common-sense clean emission measures for buildings,” the letter argues. “We simply cannot wait any longer for a unified state standard that ensures our homes and buildings are powered by clean energy and efficient, electric appliances. California gave birth to the zero-emission buildings movement out of necessity. Homes and buildings are California’s second largest source of climate pollution, and one of our state’s most overlooked pollution problems.”

And while the state has made significant progress toward clean energy and the reduction of fossil fuels usage in other sectors like transportation, pollution from buildings has fallen only 3% in the last two decades. The state can’t meet it’s 2030 emisssions reduction target (of 40% less greenhousse emissions below 1990 levels) without action from the state, which is the only entity with enough clout to overcome legal challenges, the authors continued.

Pointing to “precedent” set by New York State and New York City, the letter notes taht collaboration across all areas of government is key to reduce reliance on fossil fuels.

“We need to urgently align local and state policies around our clean energy goals and ensure everyone is rowing in the right direction,” the letter continues. “Without your administration stepping in, local governments and Californians more generally will be stuck with polluting buildings and infrastructure we do not want or need—and many municipalities will be forced to backtrack on progress cutting emissions from buildings, due to insufficient resources to fight frivolous and opportunistic lawsuits.”