FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE April 15 2026
PREPARED FOR Town Council
PREPARED BY Heather Abrams, Town Manager
SUBJECT Adopt a resolution supporting the Bay Area Air District’s Zero-NOx (zero nitrogen oxide emissions) appliance rules (Rules 9-4 and 9-6)
RECOMMENDATION
Mayor Hellman requested and staff recommends that the Town Council adopt a resolution supporting the Bay Area Air District’s Zero-NOx appliance rules (Rules 9-4 and 9-6), which promote the transition to zero-emission water heaters and furnaces.
EXECUTIVE SUMMARY
The Town Council is being asked to support regional rules that reduce air pollution from gas-powered appliances. These rules will phase in zero-emission standards for water heaters and furnaces starting in 2027. Supporting this resolution aligns previously adopted Town climate and environment goals and with regional efforts to improve air quality, protect public health, and meet climate goals.
BACKGROUND
The Bay Area Air District adopted Rules 9-4 and 9-6 in 2023 to reduce emissions from furnaces and water heaters. These appliances are a major source of nitrogen oxides (NOx), which contribute to smog and respiratory illness.
Implementation begins in 2027 and applies when equipment is replaced. Mayor Hellman was asked by the Sierra Club to adopt a resolution in support of these rules.
DISCUSSION
The resolution supports transitioning to zero-emission appliances, such as electric heat pumps, which improve air quality and reduce health risks.
Benefits include:
• Improved public health
• Progress toward climate goals
• Support for cleaner technologies
Considerations include:
• Upfront costs for residents
• Need for incentives and equitable implementation
2 The Air District is addressing these issues through rebates and flexibility measures. The resolution does not create local requirements but expresses policy support.
FISCAL IMPACT
There is no fiscal impact associated with this action.
ATTACHMENTS
Resolution
Town of Fairfax
Resolution No.
RESOLUTION
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX, CA SUPPORTING THE BAY AREA AIR DISTRICT’S ZERO-EMISSION BUILDING APPLIANCE RULES WHEREAS, the combustion of gas in building equipment like furnaces and water heaters generates a range of air pollutants linked to poor health outcomes, including nitrogen oxides (NOx), fine particle pollution (PM2.5), formaldehyde, carbon monoxide, and benzene, which contribute to breathing problems, asthma attacks, cardiovascular issues, dementia, and premature death; WHEREAS, gas-powered furnaces and water heaters are major contributors to smog-forming NOx pollution and PM2.5 in the Bay Area, causing up to 85 premature deaths and 15,000 asthma attacks per year, and costing the region $890 million annually in health-related costs from air pollution exposure; WHEREAS, communities of color are disproportionately exposed to health-harming pollution from gas combustion in homes and businesses, both nationally and in the Bay Area; WHEREAS, the Bay Area faces an ongoing air quality crisis – with nearly 30 consecutive years failing to achieve national ambient air quality standards for ozone and 15 straight years of nonattainment with fine particulate matter standards – and further reductions of particulate matter and ozone pollution through the implementation of all feasible measures are needed for attainment and maintenance of these healthprotective standards; WHEREAS, gas-burning building equipment in the region’s homes and businesses emits more NOx pollution than all the Bay Area’s passenger cars combined, making it one of the top sources of pollution in the region;
WHEREAS, the Bay Area Air District’s Board of Directors adopted Rules 9-4 and 9-6 in March of 2023 without any “no” votes, establishing future zero-NOx standards for water heaters and furnaces, and these rules will accelerate the transition to zero-polluting heating equipment in the region as residents' old equipment reaches end of life;
WHEREAS, the Air District’s Implementation Working Group has worked with the Air District to achieve a successful and equitable implementation of the zero-emission rules to residential water heating in 2027; WHEREAS, the Air District is now conducting an additional rulemaking to introduce common-sense flexibility measures into the zero-NOx equipment rules to provide options for residents who may face challenges complying with them;
WHEREAS, switching from gas-powered space and water heating to efficient zero-emission appliances like electric heat pumps reduces smog-forming pollution, enhances climate resilience, and improves household resilience by introducing reliable cooling and improved air filtration to homes without air conditioning;
WHEREAS, the Air District's zero-NOx furnace and water heater rules help the Town of Fairfax take substantial progress toward achieving its/our climate goals of reducing and eventually eliminating the Town of Fairfax
Resolution No.
burning of fossil fuels, a step required to curb global warming and mitigate sea level rise, extreme heat, and climate related natural disasters;
WHEREAS, adoption of these rules aligns with California’s commitment to achieving zero-emission space and water heating standards statewide by 2030, and Fairfax’s Climate Action Plan; NOW THEREFORE, BE IT RESOLVED, that the Town Council of the Town of Fairfax supports the timely implementation of the Bay Area Air District’s Rules 9-4 and 9-6 to accelerate the transition to zeroemission water heaters and furnaces, with common-sense amendments to ensure flexibility for residents who have difficulty with compliance.
PASSED, APPROVED, AND ADOPTED by the Town Council of the Town of Fairfax on this 15th day of April 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST
___________________________________ ____________________________________
STEPHANIE HELLMAN CHRISTINE FOSTER
MAYOR DEPUTY TOWN CLERK