After leftist city gets smacked down for gas stove ban, it’s again on the attack

In a move that has sparked significant debate, the city council of Berkeley, California, voted on July 30 to place a measure on the upcoming ballot that would impose a tax on larger buildings using natural gas. The proposed tax comes after the U.S. Court of Appeals for the Ninth Circuit struck down Berkeley’s 2019 attempt to ban natural gas hookups and gas stoves in new buildings, following a legal challenge from the California Restaurant Association.

The measure, officially named the “Large Buildings Fossil Fuel Emissions Tax,” targets buildings 15,000 square feet or larger that utilize natural gas. If approved by a simple majority of voters, the tax would affect over 600 buildings in the city. Proponents argue that this initiative is a crucial step in combating climate change by reducing fossil fuel use. However, opponents, particularly within the food service industry and other sectors, express concerns about the financial burden it would impose, potentially driving businesses out of Berkeley.

Emily Winston, owner of Boichik Bagels in Berkeley, voiced her concerns in a letter to the city council. “The gas equipment I purchased is intended to last decades. My intention in growing my business in Berkeley is to be here for decades,” Winston wrote. “But if I am going to be socked with a nearly half million dollar penalty every year, I will have to look seriously at moving out.”

Nonprofit organizations have also raised alarms about the potential financial impact. The David Brower Center, an environmental nonprofit, warned that the tax would create a “significant expense for the building,” especially considering its financial struggles since the pandemic. Similarly, the Berkeley Repertory Theater expressed fears that the measure, despite its good intentions, could severely harm their already struggling organization.

Berkeley voters will soon face another related decision with the “Healthy New Buildings” ordinance. If passed, this measure would ban the sale and installation of gas stoves and furnaces that produce nitrogen oxides starting in 2027.

City council member Igor Tregub emphasized that he does not take a position on the natural gas tax initiative, noting that the council was required to place it on the ballot after sufficient signatures were collected. Tregub mentioned that while efforts were made to find common ground between supporters and opponents of the measure, time ran out before a consensus could be reached.

Berkeley’s actions come as part of a broader trend toward building decarbonization, supported by the Biden administration, which favors the use of electricity over fossil fuels for heating and appliances. The administration has set a goal to eliminate natural gas use in new federal buildings by 2030 and is investing heavily in helping states and municipalities develop green building codes.

Despite these efforts, the Biden administration has faced criticism over its stance on gas stoves. Consumer Product Safety Commission (CPSC) Commissioner Richard Trumka Jr. remarked in January 2023 that “any option is on the table” regarding a potential gas stove ban, although the Department of Energy later clarified that any claims of an impending ban were “misinformation.”

The ongoing debate over natural gas in Berkeley illustrates the tensions between environmental goals and economic realities. As Steve Everley, a senior managing director at FTI Consulting, pointed out in a recent post, “The City of Berkeley, whose natural gas ban was recently struck down by the 9th Circuit, now wants to try imposing a tax on facilities that use natural gas. But remember, no one is trying to ban gas stoves.”

As the ballot measures approach, the city of Berkeley finds itself at the forefront of a national conversation about the future of energy, climate policy, and the impact on local economies.