Amended IN Assembly March 27, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1238Introduced by Assembly Member DeMaioFebruary 21, 2025An act to add Section 43013.4 to the Health and Safety Code, and to add Section 25969 to the Public Resources Code, relating to energy.LEGISLATIVE COUNSEL'S DIGESTAB 1238, as amended, DeMaio. Energy: gas stoves. California Energy Consumer Freedom Act.Existing law prohibits new residential-type gas appliances that are equipped with a pilot light from being sold in the state 24 months after an intermittent ignition device has been demonstrated and certified by the State Energy Resources Conservation and Development Commission, as specified.Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible, as specified. Pursuant to its authority, the state board has adopted regulations, known as Advanced Clean Cars II, which reduce emissions from passenger cars, pickup trucks, and sport utility vehicles sold in California, including a requirement that 100% of new vehicle sales be zero emission by 2035.This bill bill, the California Energy Consumer Freedom Act, would prohibit state agencies and local governments from adopting or enforcing a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings. buildings, and the buying, selling, or use of gasoline-powered vehicles or equipment.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Energy Consumer Freedom Act. SEC. 2. Section 43013.4 is added to the Health and Safety Code, to read:43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.SECTION 1.SEC. 3. Section 25969 is added to the Public Resources Code, to read:25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
Amended IN Assembly March 27, 2025 CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION Assembly Bill No. 1238Introduced by Assembly Member DeMaioFebruary 21, 2025An act to add Section 43013.4 to the Health and Safety Code, and to add Section 25969 to the Public Resources Code, relating to energy.LEGISLATIVE COUNSEL'S DIGESTAB 1238, as amended, DeMaio. Energy: gas stoves. California Energy Consumer Freedom Act.Existing law prohibits new residential-type gas appliances that are equipped with a pilot light from being sold in the state 24 months after an intermittent ignition device has been demonstrated and certified by the State Energy Resources Conservation and Development Commission, as specified.Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible, as specified. Pursuant to its authority, the state board has adopted regulations, known as Advanced Clean Cars II, which reduce emissions from passenger cars, pickup trucks, and sport utility vehicles sold in California, including a requirement that 100% of new vehicle sales be zero emission by 2035.This bill bill, the California Energy Consumer Freedom Act, would prohibit state agencies and local governments from adopting or enforcing a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings. buildings, and the buying, selling, or use of gasoline-powered vehicles or equipment.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: NO
Amended IN Assembly March 27, 2025
Amended IN Assembly March 27, 2025
CALIFORNIA LEGISLATURE 20252026 REGULAR SESSION
Assembly Bill
No. 1238
Introduced by Assembly Member DeMaioFebruary 21, 2025
Introduced by Assembly Member DeMaio
February 21, 2025
An act to add Section 43013.4 to the Health and Safety Code, and to add Section 25969 to the Public Resources Code, relating to energy.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 1238, as amended, DeMaio. Energy: gas stoves. California Energy Consumer Freedom Act.
Existing law prohibits new residential-type gas appliances that are equipped with a pilot light from being sold in the state 24 months after an intermittent ignition device has been demonstrated and certified by the State Energy Resources Conservation and Development Commission, as specified.Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible, as specified. Pursuant to its authority, the state board has adopted regulations, known as Advanced Clean Cars II, which reduce emissions from passenger cars, pickup trucks, and sport utility vehicles sold in California, including a requirement that 100% of new vehicle sales be zero emission by 2035.This bill bill, the California Energy Consumer Freedom Act, would prohibit state agencies and local governments from adopting or enforcing a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings. buildings, and the buying, selling, or use of gasoline-powered vehicles or equipment.The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
Existing law prohibits new residential-type gas appliances that are equipped with a pilot light from being sold in the state 24 months after an intermittent ignition device has been demonstrated and certified by the State Energy Resources Conservation and Development Commission, as specified.
Existing law requires the State Air Resources Board to adopt and implement motor vehicle emission standards, in-use performance standards, and motor vehicle fuel specifications for the control of air contaminants and sources of air pollution that the state board has found necessary, cost effective, and technologically feasible, as specified. Pursuant to its authority, the state board has adopted regulations, known as Advanced Clean Cars II, which reduce emissions from passenger cars, pickup trucks, and sport utility vehicles sold in California, including a requirement that 100% of new vehicle sales be zero emission by 2035.
This bill bill, the California Energy Consumer Freedom Act, would prohibit state agencies and local governments from adopting or enforcing a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings. buildings, and the buying, selling, or use of gasoline-powered vehicles or equipment.
The bill would include findings that changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1. This act shall be known, and may be cited, as the California Energy Consumer Freedom Act. SEC. 2. Section 43013.4 is added to the Health and Safety Code, to read:43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.SECTION 1.SEC. 3. Section 25969 is added to the Public Resources Code, to read:25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
SECTION 1. This act shall be known, and may be cited, as the California Energy Consumer Freedom Act.
SECTION 1. This act shall be known, and may be cited, as the California Energy Consumer Freedom Act.
SECTION 1. This act shall be known, and may be cited, as the California Energy Consumer Freedom Act.
### SECTION 1.
SEC. 2. Section 43013.4 is added to the Health and Safety Code, to read:43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
SEC. 2. Section 43013.4 is added to the Health and Safety Code, to read:
### SEC. 2.
43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
43013.4. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance that directly or indirectly results in prohibiting the buying, selling, or use of gasoline-powered vehicles or equipment.
(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
SECTION 1.SEC. 3. Section 25969 is added to the Public Resources Code, to read:25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
SECTION 1.SEC. 3. Section 25969 is added to the Public Resources Code, to read:
### SECTION 1.SEC. 3.
25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.
25969. (a) A state agency or local government, including a charter city, shall not adopt or enforce a rule, regulation, resolution, or ordinance, including, but not limited to, an ordinance prohibiting natural gas hookups for new buildings, that directly or indirectly results in prohibiting the use of gas stoves appliances in residential or nonresidential buildings.
(b) The Legislature finds and declares that this section addresses a matter of statewide concern rather than a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this section applies to all cities, including charter cities.