AB 852
Air pollution: oxides of nitrogen: furnaces and water heaters.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Natural Resources
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- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill clarifies regulations regarding air pollution from gas-fired furnaces and water heaters. It addresses how air quality districts can limit the sale or use of these appliances based on their nitrogen oxide emissions. Specifically, it allows for an exception if the appliance is equipped with a propane conversion kit designed for propane-only operation. The bill builds upon existing rules in the Bay Area and South Coast Air Quality Management Districts.
Key provisions
- Defines ‘appliance’ as furnaces or water heaters.
- Allows propane conversion kits for gas-fired appliances.
- Specifies that regulations restricting gas-fired appliances based on nitrogen oxide emissions do not apply when equipped with a propane conversion kit.
- References existing rules in the Bay Area and South Coast Air Quality Management Districts.
- Establishes a precedence for other air pollution control districts.
Who is affected
- Gas appliance manufacturers
- Consumers of gas furnaces and water heaters
- Air pollution control districts
- Air quality management districts
- State Air Resources Board
Notable changes
- Creates an exception to existing regulations for propane-fueled appliances with conversion kits.
- Builds upon existing rules in the Bay Area and South Coast Air Quality Management Districts.
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AB852:v99#DOCUMENT
Bill Start
CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION
Assembly Bill
No. 852
| Introduced by Assembly Member Wallis |
| February 19, 2025 |
An act to add Section 41709 to the Health and Safety Code, relating to air pollution.
LEGISLATIVE COUNSEL'S DIGEST
AB 852, as introduced, Wallis. Air pollution: oxides of nitrogen: furnaces and water heaters.
Existing law regulates the emission of air contaminants, including the oxides of nitrogen, into the atmosphere. Existing law generally vests regulatory jurisdiction over stationary sources of air pollution to the air pollution control districts and air quality management districts and regulatory jurisdiction over mobile sources of air pollution to the State Air Resources Board.
This bill would specify that regulations adopted by districts or the state board prohibiting or restricting the sale or use of a gas-fired appliance, as defined, based on the emission limitations for oxides of nitrogen does not apply to the sale or use of that appliance if the appliance is to be installed with a propane conversion kit for propane firing only.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Bill Text
The people of the State of California do enact as follows:
SECTION 1.
The Legislature finds and declares all of the following:
(a) The Bay Area Air Quality Management District adopted Rules 9-4 and 9-6 to reduce emissions of oxides of nitrogen from gas space and water heaters used in buildings within the San Francisco Bay Area.
(b) Subsequently, the South Coast Air Quality Management District adopted Rule 1111 to reduce emissions of oxides of nitrogen from natural gas furnaces, but allow for propane conversion kits to be installed for propane firing only.
(c) Both of those districts exempted propane as an acceptable fuel source for heaters when adopting these rules.
(d) The actions by those districts serve as a precedence for action by other air pollution control districts, air quality management districts, and the State Air Resources Board.
SEC. 2.
Section 41709 is added to the Health and Safety Code, to read:
41709.
(a) For purposes of this section, “appliance” means a furnace, or a water boiler or heater.
(b) A regulation adopted by the state board or a district prohibiting or restricting the sale or use of a gas-fired appliance based on the emission limitation for oxides of nitrogen shall not apply to the sale or use of that appliance if the appliance is to be installed with a propane conversion kit for propane firing only.