Liberal City Tries to Tax Buildings Using Gas After Court Smacked Down Its Outright Ban On Gas Stoves

From the DAILY CALLER

Daily Caller News Foundation

Nick Pope
Contributor

A deep blue city in California is teeing up a tax on larger buildings that use natural gas after a federal court rejected the city’s attempt to ban gas hookups and stoves, according to The Daily Californian.

The city council of Berkeley, California, voted on July 30 to put an initiative on the upcoming ballot that would impose taxes on buildings that are 15,000 square feet or larger and use natural gas, according to The Daily Californian. In 2019, the city tried to enact an outright ban on constructing new buildings with natural gas hookups, and gas stoves by extension, but the U.S. Court of Appeals for the Ninth Circuit overturned the ban in April 2023 following a legal challenge against the policy brought by California Restaurant Association.

he official title for the ballot measure is the “Large Buildings Fossil Fuel Emissions Tax,” and it would affect more than 600 buildings in Berkeley if a simple majority of voters approve it at the ballot box, according to The Daily Californian. The measure’s proponents characterize it as an important step to fight climate change, but its opponents in the food service industry and beyond are concerned that the tax will place a steep burden on businesses and force commerce out of the city. (RELATED: ‘Makes No Sense’: Manchin Rips Biden Admin Over Gas Stoves, ‘Crazy’ ESG Investing)

“The gas equipment I purchased is intended to last decades. My intention in growing my business in Berkeley is to be here for decades,” Emily Winston, the owner of a Berkeley bagel shop called Boichik Bagels, wrote in a letter to the city council, per The Daily Californian. “But if I am going to be socked with a nearly half million dollar penalty every year, I will have to look seriously at moving out.”

Other organizations, including nonprofits, are also concerned about the possibility of a new tax imposing steep costs on their operations, according to The Daily Californian.

The David Brower Center— a nonprofit that works to advance the environmental movement — wrote to the city council to warn that the policy would create a “significant expense for the building, particularly considering that since the beginning of the pandemic, [it has] been running breakeven or at a loss,” according to The Daily Californian. The Berkeley Repertory Theater, a local performing arts venue, similarly wrote the city council to express its concern that “while we support electrification, this well-intentioned ballot measure with its immediate implementation would be very harmful to our struggling organization.”

Berkeley’s voters will also soon decide whether to adopt the so-called “Healthy New Buildings” ordinance, which would ban the sale and installation of appliances like gas stoves and furnaces that produce nitrogen oxides starting in 2027 if it is passed, according to The Daily Californian.

“I do not have a position on the initiative that qualified for the ballot. The Council was required to place this measure on the ballot once it was deemed to have received a sufficient number of valid signatures to do so. I am neither a proponent nor an opponent of this initiative,” Igor Tregub, who sits on Berkeley’s city council, told the Daily Caller News Foundation. “Over the course of several weeks, subsequent to the measure being certified for the ballot and my own election (which was certified around the same time), my office attempted to find common ground between the measures’ proponents and opponents so that a more balanced alternative measure could be crafted and placed on the ballot by an act of the City Council. Though a great deal of ground was covered in the direction of finding agreement between various stakeholders, we ultimately ran out of time before consensus could be reached.”

The Biden administration is also pursuing a broad building decarbonization agenda that favors the use of electricity for appliances and heating buildings instead of fossil fuels. The administration has barred the use of natural gas in new federal buildings starting in 2030, spent large sums of money to assist state and municipal governments in developing green building codes and defined zero emissions buildings as those that are “free of on-site emissions from energy use” and “powered solely from clean energy” in June.

Consumer Product Safety Commission (CPSC) Commissioner Richard Trumka Jr. told Bloomberg News in January 2023 that “any option is on the table” with regard to a possible gas stove ban and that “products that can’t be made safe can be banned,” though the Department of Energy (DOE) contends that any suggestion that the government wants to ban gas stoves is “misinformation.”

Officials from the Biden Justice Department and DOE notably filed a June 2023 amicus brief with the Ninth Circuit asking the court to reverse its decision that overturned Berkeley’s 2019 gas hookups ban, but the court ruled in January that it would not be revisiting that decision.

“The City of Berkeley, whose natural gas ban was recently struck down by the 9th Circuit, now wants to try imposing a tax on facilities that use natural gas,” Steve Everley, a senior managing director at FTI Consulting, wrote in a Wednesday post to X, referencing The Daily Californian’s story. “But remember, no one is trying to ban gas stoves.”

Berkeley Mayor Jesse Arreguín and City Council Members Rashi Kesarwani, Terry Taplin, Ben Bartlett, Sophie Hahn, Susan Wengraf, Cecilia Lunaparra and Mark Humbert did not respond immediately to requests for comment.

All content created by the Daily Caller News Foundation, an independent and nonpartisan newswire service, is available without charge to any legitimate news publisher that can provide a large audience. All republished articles must include our logo, our reporter’s byline and their DCNF affiliation. For any questions about our guidelines or partnering with us, please contact licensing@dailycallernewsfoundation.org.

Get notified when a new post is published.
Subscribe today!
5 19 votes
Article Rating
82 Comments
Inline Feedbacks
View all comments
strativarius
August 9, 2024 6:05 am

I’m guessing nobody has asked what the people want?

Why would they?

Reply to  strativarius
August 9, 2024 6:23 am

Well, at least the measure is on the ballot, so the people will get to express their opinion.

Unfortunately, this is in California where the voters have a habit of voting for very bad Democrat politicians and very bad Democrat ideas.

Reply to  Tom Abbott
August 9, 2024 6:32 am

But… everybody loves natural gas except fanatic climate cultists.

strativarius
Reply to  Tom Abbott
August 9, 2024 8:16 am

We voted for Brexit and we haven’t been forgiven for it.

Reply to  Tom Abbott
August 9, 2024 8:47 am

Proponents are aware that the Majority of the VOTERS think that this will not hurt them so the follow the Lemmings off the cliff and Vote for the bill. They will not realize that condominiums, Hotels, Restaurants, theaters, etc. will rise their prices until it comes of their wallet.

Reply to  Tom Abbott
August 9, 2024 9:33 am

The majority of California voters are, as you say, whacko. Berkley takes pride in being even whackier.

abolition man
Reply to  Retired_Engineer_Jim
August 9, 2024 10:47 am

REJ,
Commiefornia voters aren’t so much wacko as completely and totally brainwashed! The fundamentals of neo-Marxism and the catechism of the Church of Climastrology are taught as early as kindergarten in the once-great state.
Few residents hear anything but the corporate globalist narrative; one of the main reasons they now have the among highest levels of wealth disparity, homelessness and poverty in the US! Awaking from the Matrix will be difficult for most!

Paul Seward
Reply to  Tom Abbott
August 9, 2024 9:56 am

The tyranny of democracy. 500,001 yeas and 500,000 nays and 500,000 people are disenfranchised

Reply to  Paul Seward
August 9, 2024 1:21 pm

Which is why, thank goodness, the USA is NOT a “democracy.”

Reply to  Tom Abbott
August 9, 2024 10:56 am

They could also maybe implement some “creative counting?”

Randle Dewees
Reply to  Tom Abbott
August 9, 2024 12:13 pm

This is in Berkley, a highly refined end of the already left California political spectrum. I do think the voters of Berkley capable of cutting their nose off to spite their face.

Reply to  strativarius
August 9, 2024 9:32 am

A petition was circulated, enough signatures were collected and the petition was certificated. The measure is on the ballot for the voters to decide. Seems like the people are being consulted.

strativarius
Reply to  Retired_Engineer_Jim
August 9, 2024 9:38 am

Let’s hope they choose wisely

Writing Observer
Reply to  Retired_Engineer_Jim
August 9, 2024 10:23 am

Did you notice that this is in Berkeley, California? The votes will be counted to achieve whatever result benefits the powers that be the most. However many dead, illegal, or imaginary “voters” they have to inject into the machines.

sturmudgeon
Reply to  Retired_Engineer_Jim
August 9, 2024 1:15 pm

Was the subject matter of the ‘petition’ (sorry, was the likely RESULT explained) fully discussed with the signatories, or were they mostly ignorant about what they were signing.?

Reply to  sturmudgeon
August 9, 2024 1:26 pm

I will put money on them being ignorant on what they were signing.🤔

barryjo
Reply to  sturmudgeon
August 10, 2024 6:37 am

I would love to see the results of a petition banning the use of
dihydrogen monoxide in all public places.

Reply to  barryjo
August 10, 2024 7:32 am

They’ve tried DHMO petitions in the past. I’ve heard of a case where one got many signatures at one of the big green conferences, and one city nearly ended up banning it before someone set them right just before the vote.

Put it on a ballot in CA and it would probably pass.

Reply to  Retired_Engineer_Jim
August 9, 2024 1:23 pm

Only begrudgingly. If the measure doesn’t pass, they’ll try to force the same result by another avenue.

It’s the Eco-Fascist playbook.

Punta Gorda
Reply to  strativarius
August 9, 2024 12:32 pm

18.7 million BTU per cord of Ponderosa Pine…

August 9, 2024 6:10 am

Putting all your eggs in one basket” is a metaphor that is foreign to liberals.

Sparta Nova 4
Reply to  Steve Case
August 9, 2024 6:22 am

Liberals do not learn the lessons of history or ignore them.
They constantly put off of their eggs in one basket.

Reply to  Sparta Nova 4
August 9, 2024 6:33 am

All sides of the political spectrum have in the past done stupid things with stupid policies. In this era, it’s mostly the left that is supremely stupid.

Sparta Nova 4
Reply to  Joseph Zorzin
August 9, 2024 9:05 am

That does not say there are not supremely stupid politicians across the spectrum today, just the ratios are slanted more towards the radical progressives than other groups.

Reply to  Sparta Nova 4
August 9, 2024 9:21 am

Right!

Reply to  Sparta Nova 4
August 9, 2024 10:25 am

‘They constantly put [all] of their eggs in one basket.’

Which is a euphemism for, and the effective result of, ‘central planning’. Our ‘progressives’ recoil at being called socialists, but that’s what they are.

Sparta Nova 4
Reply to  Frank from NoVA
August 12, 2024 1:13 pm

Roger that.

Sparta Nova 4
August 9, 2024 6:21 am

Of course they are not banning gas stoves. All they are doing is banning the use of gas stoves. You can own one, but you can’t turn it on.

Sounds like an EV in winter, eh?

observa
Reply to  Sparta Nova 4
August 9, 2024 9:05 am

Nobody is banning cooked food. We’re just taxing the bejezus out of the means of cooking so you can only afford to eat raw bugs.

Reply to  Sparta Nova 4
August 9, 2024 1:26 pm

No I think the “tax” would be applied just for having it. After all, if you have it you might (shudder) use it.

Sparta Nova 4
Reply to  AGW is Not Science
August 12, 2024 1:14 pm

That will cause nightmares in young children for generations.

Mr.
August 9, 2024 6:23 am

Lunatics in charge of the asylum.

August 9, 2024 6:33 am

Will be interesting to see how this vote turns out. Berkeley is a very liberal city in a very liberal state and I would not be surprised if this measure passes. Of course, many of those affected have likely been voting in favor of other truly idiotic leftist measures.

Reply to  Barnes Moore
August 9, 2024 9:15 am

Just for the record, since her video is up top there, Cori Bush was dumped out of her primary just this past Tuesday. May the eradication continue (metaphorically speaking, of course):

https://thehill.com/homenews/campaign/4815724-aipac-cori-bush-revenge-primary/

Writing Observer
Reply to  philincalifornia
August 9, 2024 10:25 am

Just replaced with another Marxist hater of Western Civilization. One whose only difference is that he hides his visceral hatred of Jews.

Duane
August 9, 2024 6:41 am

This will get challenged in court, just like the outright ban was challenged, and likely nullified. This would be an attempt by local government to regulate the energy business where the Federal DOE has preemptive powers, and also function as a restraint on interstate trade, since 95% of California’s supply of natural gas comes from out of state or Canada.

Reply to  Duane
August 9, 2024 1:28 pm

Plus if an outright ban was overturned, a court should be able to see right through the defacto ban this stupid provision is.

Bruce Cobb
August 9, 2024 6:41 am

There’s more than one way to fall out of a coconut tree.

Sparta Nova 4
Reply to  Bruce Cobb
August 9, 2024 9:07 am

While that is true, it is truly curious (and at the same time entertaining) why so many perform a swan dive.

0perator
August 9, 2024 6:43 am

They’re starting to do to humans what they did to tobacco over the decades. Piling on regulations, taxes, bans, mandates, etc. when what they really want to do is abolish them.

strativarius
Reply to  0perator
August 9, 2024 7:00 am

I will not be abolished!

Sparta Nova 4
Reply to  strativarius
August 9, 2024 9:08 am

Resistance is futile. You will be assimilated.
Existence as you know it is over.

You may give thanks to the Climate Borg for all of this.

Reply to  strativarius
August 9, 2024 9:39 am

We’re not being abolished, we’re being shadow-banned

Reply to  0perator
August 10, 2024 12:04 pm

August 9, 2024 6:48 am

Imagine if you are a businessman thinking of investing in that city. The only investment possible would be one to skim off government corruption.
This tax is just one more effort to cripple honest businesses. If it fails, they will try something else. They have no purposeful lives.

August 9, 2024 6:52 am

From the article:”…find common ground…”.

I have deep suspicion of any elected official whose immediate reaction is wanting to find “common ground” or meet half way.

There is no “common ground” when it comes to controlling my life. No meeting half way to reduce my freedom.

GeorgeInSanDiego
Reply to  mkelly
August 9, 2024 8:16 am

“In any compromise between food and poison, only death can win.”.-Ayn Rand

Dr. Bob
August 9, 2024 7:05 am

Having lived in the East Bay for 18 years and watching how Berkeley operates over years and years, I find this measure totally consistent with the mindset in that city. Long ago I concluded that the Berkeley city council and those that elected them to office had the education level of a kindergartener. There was no critical thinking involved in any decision they made.
Hwy 80 is the main artery into SF from the East Bay and in the 80’s was 2 lanes wide in each direction. CalTrans was to widen it to 3 lanes over several years causing massive congestion. Berkeley MANDATED that CalTrans make the new 3rd lane a 3-person carpool only lane to “Ease Congestion through Ride Sharing”. This worked so well that traffic was worse after the construction was completed as population grew during the 4-year project. So the Berkeley virtue signaling did absolutely nothing but waste taxpayers’ money. Margaret Thatcher was right!

Sparta Nova 4
Reply to  Dr. Bob
August 9, 2024 9:09 am

I do not appreciate that you insult kindergarteners. /s

kelleydr
Reply to  Dr. Bob
August 9, 2024 9:27 am

As a former long time Bay Area resident, this is why we always would refer to it as Berserkly.

Reply to  Dr. Bob
August 9, 2024 9:38 am

But it is the home of The University of California Berkley. There must be some educated people in the electorate, right?

sturmudgeon
Reply to  Retired_Engineer_Jim
August 9, 2024 1:21 pm

Depends on DEI?

Reply to  Retired_Engineer_Jim
August 9, 2024 1:32 pm

No, just indoctrinated people.

“Educated” implies they actually learned something in that “university.”

J Boles
August 9, 2024 7:22 am

We need to stem the rising tide of grasping, totalitarian marxists stealing our freedoms, constantly scheming to control every detail of our lives.

Sparta Nova 4
Reply to  J Boles
August 9, 2024 9:10 am

True. What is your plan?

mleskovarsocalrrcom
August 9, 2024 7:24 am

California is slowly, but effectively, forcing big business out of the state and crippling small business to the point of collapse.

Denis
August 9, 2024 7:36 am

Sure sounds like a bill of attainder to me. Clearly unconstitutional.

August 9, 2024 8:11 am

How many UK Labour MPs have heat pumps and EVs? How many of the green activists? The only way this energy madness is going to end is when they all are personally confronted with the results of what they advocate.

Sparta Nova 4
Reply to  michel
August 9, 2024 9:11 am

Translate “confronted with” to “forced to live with.”

dwb
August 9, 2024 9:10 am

All you had to see was the first line of the second paragraph for this to make sense…

“The city council of Berkeley, California…”.

Nothing that happens in Berserkely surprises me.

August 9, 2024 9:22 am

Per the above embedded video:
REP. CORI BUSH: “This proposed rule is not a ban on gas stoves! We are regulating indoor air pollution.”

Let’s see . . . common sources of indoor air pollution:
— Wood or gas-burning fireplaces
— Wax candles
— VOCs emitted by paints, new fabrics (including newly installed flooring, upholstery or carpet), new furniture, and even natural Christmas trees
— Charring meat or vegetables on electric stoves
— Smoking tobacco
— Products for household cleaning and maintenance, personal care, or hobbies
— Indoor pesticides
(ref: https://www.epa.gov/indoor-air-quality-iaq/introduction-indoor-air-quality , among many other websites)

So, Cori, you’ve got a really long list of additional things that you need to move onward to “regulate”.

The idiocy on display . . . it BURNS!

Reply to  ToldYouSo
August 9, 2024 9:40 am

Fortunately, we won’t have Cori Bush to kick around anymore.

Reply to  Retired_Engineer_Jim
August 9, 2024 10:11 am

For those who don’t know, she recently lost her primary election.
That makes two squad members who lost their primary and so won’t be on the ballot in November.

Reply to  Retired_Engineer_Jim
August 9, 2024 11:10 am

Unfortunately, as we all know, it won’t be all that long before another poseur comes along with the same agenda to “help regulate” our lives and choices.

August 9, 2024 9:46 am

REP. CORI BUSH: “This proposed rule is not a ban on gas stoves! We are regulating indoor air pollution.”

Gas appliances need external air for combustion. The fumes from the combustion exit to external air through a conventional or balanced flue.

No internal “pollution” is created.

Buildings over 15,000 sq ft have plant rooms to house the boilers while restaurants have huge extract systems to void the kitchen of “pollutants”

How does this regulate indoor pollution?

Reply to  Redge
August 9, 2024 1:34 pm

Might be true for furnaces but don’t forget that gas stoves exit the combustion fumes into the kitchen. I find the kitchen plants love the extra CO2 the stove produces.

Reply to  Matthew Bergin
August 9, 2024 1:48 pm

That’s what the extracts are for

Reply to  Redge
August 9, 2024 2:18 pm

Restaurants yes but there are no extractors in my kitchen where I have a gas stove.🤷‍♂️😉

Reply to  Matthew Bergin
August 9, 2024 10:27 pm

In the UK it’s a requirement to have an extract fan in a kitchen

Reply to  Redge
August 10, 2024 7:24 am

Not so in Canada. Unless I’ve been breaking the law for the last 66 years. If so it wouldn’t be the first time I have been blissfully ignorant. 🤷‍♂️😉

August 9, 2024 10:05 am

If you decide to live in Berkeley CA, you get exactly what you deserve.

Berkeley is so smart, they charge 50 dollars to park in a lot 10 blocks away from an event. But the fine for parking across the street at a 2 dollar, 1 hour maximum meter is 50 bucks too.

August 9, 2024 10:54 am

Indoor air pollution? That’s what these alarmist politicians do every time they speak in a conference hall.

August 9, 2024 12:23 pm

There’s an obvious reason for this – money.

“Money, it’s a gas

Grab that cash with both hands and make a stash” – Pink Floyd

AWG
August 9, 2024 12:34 pm

It is becoming abundantly clear that these monsters will never live peacefully among us.
Always attacking, always impoverishing, always crushing people under the jack boot of tyranny

DanT
August 9, 2024 12:45 pm

Socialist authoritarians are against everything associated with capitalism. Since personal wealth and economic freedom are the benefits of capitalism, socialist authoritarians must do everything they can to reverse such outcomes.

sturmudgeon
August 9, 2024 1:10 pm

Trumka.. why does that name remind me of someone…

Bob
August 9, 2024 1:14 pm

More useless government doing everything they can to gain more power and control than they already have. All future regulations should be banned except regulations to take power away from the government.