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As efforts are made to electrify communities in the country, the California Restaurant Association has filed suit against the city of Berkeley. They are claiming the “natural gas ban is invalid and unenforceable under the federal Energy Policy and Conservation Act and California’s Energy Code and Building Standards Code, and that it is an unlawful use of the police power to amend state building codes.” To see the FAQs and release from the association, visit www.calrest.org/government-affairs/cra-files-suits-against-city-berkeley-over-natural-gas-ban. In addition, building developers in Windsor, a town in Sonoma County, Calif., are challenging the natural gas ban in that city. That suit claims Windsor’s rule ignores research showing higher utility bills for those who live in all-electric homes. It also cites Pacific Gas and Electric’s (PG&E) recent electricity shut-offs and the 2018 camp fire in Butte County to bolster claims that banning natural gas is unwise.

Also, this week, there were statements from the Natural Resources Defense Council, Earthjustice, and other environmental advocacy groups contending that the gas industry has partnered with the restaurant association in this legal effort. The California Restaurant Association President and CEO responded to that accusation with this: “Suggesting that the restaurant industry has ‘ties’ to the natural gas industry is like saying restaurants have ties to knife manufacturers. Both of these things are essential to restaurant operations today. If a local government tried to ban cutting tools in restaurant kitchens, we would take issue with that, too. Critics of the legal action we took appear to be looking for monsters under the bed — perhaps because they’re unable to dispute the actual substance of the claim — the serious impact to restaurants from a ban on a critical energy source, not to mention, a flagrant violation of law.”

APGA staff is monitoring these legal actions and will work with members on the appropriate way to engage. It is encouraging to see other stakeholders speak out against electrification policies and detail how they will be impacted. There is quite the challenge from outside the gas industry, which seems to verify these policies may not be appropriate.

For questions on this article, please contact Stuart Saulters of APGA staff by phone at 202-464-2742 or by email at ssaulters@apga.org.