Cities Index.
Item 4. BAAQMD Rule 9-6

Ava Community Energy Executive Committee
January 8, 2025

Document
Item 4. BAAQMD Rule 9-6
Meeting
January 8, 2025
Body
Ava Community Energy Executive Committee
Original file
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Text extracted from the CCA's file for reading and search. Open the original on avaenergy.org. That file is the official record.

Bay Area Air Quality
Management District
Amendments to
Regulation 9, Rule 6
Background
In March 2023, the Bay Area Air Quality Management
District Board of Directors adopted amendments to
Regulation 9, Rule 4 and Rule 6.
▪ These amendments set zero nitrogen oxides (NOx)
emissions standards for space and water heating
throughout the nine-county Bay Area Air District.
• Rules would ban the sale of qualifying NOx-emitting
appliances in the Bay Area
• Does not require replacement of existing appliances
• Does not mandate jurisdictions to alter building codes 2 Timeline and
Process BAAQMD proposes to phase implementation
across three dates:
• January 1, 2027: water heaters less than 75,000
BTU/hr
• January 1, 2029: all applicable furnaces
• January 1, 2031: water heaters between 75,000
BTU/hr and less than 2 million BTU/hr
▪ BAAQMD staff must present research findings two
years before each implementation
▪ BAAQMD Board of Directors has opportunity to
modify rules and/or timelines
3 Timeline and
Process
In December 2024, BAAQMD staff presented
findings related to Rule 9-6 implementation (small
water heaters).
▪ Public engagement and comment to continue into
2025 with more significant public outreach
▪ BAAQMD staff returning to their BOD in Q2-2025
with update addressing key comments and proposed
options for rule modifications
4 Rule 9-6 Overview
Focus on small tanked water heaters (75 gallons or less) for residential homes
▪ Proposed implementation milestone: January 1, 2027
▪ Does not include large tanked water heaters (75
gallons+), gas tankless water heaters, or centralized
unitary water heaters found in multifamily buildings
▪ Heat pump water heaters (HPWH) offer the best solution for compliance
5 Image courtesy of Hot Water Solutions.

Key Areas of
Concern:

BAAQMD BOD
▪ Equity and Affordability
▪ Operating Cost and Health Considerations
▪ Edge Cases and Data Analysis
▪ Enforcement and Compliance
▪ Space and Installation Challenges
▪ Emerging Technologies
6 Public Comment on Rule Changes ▪ Commenters consisted of advocacy groups, CBOs, jurisdictions, housing, labor and
contractors
▪ Majority of commentors were supportive of the
the rules and keeping the proposed timeline
▪ Personal testimonials about health impacts of
inaction, successes using incentive programs
▪ Assets to success: Incentive programs,
contractor and workforce readiness
▪ Highlighted challenges: Space constraints,
upfront costs, permitting, service upgrade wait
times, need for more outreach into the
community
7 Takeaways from
December
BAAQMD Meeting ▪ Equity and affordability are paramount ▪ BAAQMD keeping the proposed timeline for
now, but ready to pivot pending further
findings
▪ Don’t wait on public outreach
▪ Address permitting – put out model ordinance
▪ More research is needed to understand
incremental cost and edge cases
8 CCA Involvement
Bay Area CCAs included in BAAQMD’s multi-stakeholder
Implementation Working Group (IWG) effort.
▪ CCA staff and leadership have held regular meetings
since 2023 to discuss rules
▪ CCA leadership have meet with BAAQMD leadership
once per quarter (Next meeting January 27)
▪ CCAs are not directly involved in rulemaking outside of acting in an advisory role
9 CCA Opportunities
▪Rapid acceleration of building electrification
▪Significant GHG, NOx, and PM2.5 emissions
reductions throughout Bay Area
▪Reduction in avoidable healthcare costs and
premature death
▪CCAs can demonstrate value through customer
assistance programs
10 Image courtesy of Hot Water Solutions.

Key Areas of Concern for CCAs
Impacts to low-income communities
▪ Need for additional, sustained funding sources to
offset incremental costs for low-income community
members
▪ Pass through costs pushed down to renters and
tenant protections
▪ Energy affordability
▪ May push rule subversion/avoidance with
unpermitted work
▪ Reliance on CCA program funding
▪ Lack of representation
▪ Lack of community awareness
11 Key Areas of Concern for CCAs
12 Exceptions for hard to install/space constrained water heaters
▪ Tanked water heaters that are 30 gallons or less
▪ Exceptionally high cost to electrify due to necessary structural modifications
▪ Ability to accommodate exceptions through
compliance framework, if adopted
Public relations and marketing
▪ CCAs role to communicate rules to customers
▪ Separation from rule enforcement

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