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The Southern California air quality regulator voted 7-5 to reject rules that curb harmful emissions from gas furnaces and water heaters, but the majority voted to send the rules back to the committee for changes and reconsideration.

The rules aim to reduce the emission of smog-controlled nitrogen oxides, also known as NOX, a group of contaminants associated with respiratory problems, asthma attacks, worse allergies, reduced lung function in children, and premature death. Natural gas burning is also one of the major factors in climate change.

The South Coast Air Quality Control District estimates the regulations reduce NOX emissions from gas burning furnaces and prevent around 2,490 premature births and 10,200 new asthma cases in the region over 26 years. The district regulates air quality for 16.8 million people in Southern California, including everything in Orange County and most of Los Angeles, Riverside and San Bernardino Counties.

The board has received more than 30,000 written comments prior to the vote, including a letter from US lawyer Bilal “Bill” Essay Lily, the region’s top federal prosecutor, and threatened to sue the board if it adopts the rules.

“California regulators have been notified. If we pass an illegal ban or penalty on gas appliances, we will meet you in court,” he posted on Social Platform X on Thursday.

Before the vote, board member Janet Naguyen, who serves on the Orange County Board of Supervisors, opposed the concerns of opponents that the rules would be financially burdened on people.

“I support clean air just like everyone here,” she said, “These rules don’t target refineries or shopping ports. They target people. 17 million homeowners, renters, seniors, small businesses.”

“If we don’t start now, when will it affect the change?” said Holly J. Mitchell, a Los Angeles County supervisor who supported the rules.

California’s pioneering environmental standards

California is actively working to reduce the state’s dependence on fossil fuels that warm the planet ahead of the 2045 order to get a net-zero carbon emissions. California often sets or proposes stricter environmental standards than other parts of the country, including efforts to ban the sale of new gas-powered vehicles by 2035.

The rules set targets aimed at phased out sales of gas furnaces and water heaters starting in 2027. It did not apply to gas stoves. Sales targets began at 30%, growing to 50% in 2029 and ended at 90% in 2039. Although rules were not mandatory, manufacturers had to pay a fee ranging from $50 to $500 if they sold petrol.

This was a key rollback from the original proposal, and would have needed residential buildings to meet zero emissions standards from 2029 when appliances need to be replaced. The agency revised the rules after strong opposition from Southern California gas and other companies.

The regulations would have affected more than 10 million appliances in an estimated 5 million buildings.

Officials and supporters say the rules will reduce air pollution and significantly improve public health. But opponents, including property owners, industry experts and natural gas companies, feared that they would raise the costs of consumers and businesses and put a strain on the power grid by adding more power.

Residents disagree with packed public comments

During a packed board meeting that ran five hours on Friday, Clean Air advocates read “Clean Air Now,” “Four Clean Air, 4 votes, 4 votes, 4 justice,” and “Socal Breath!”

Before the public comment, board chair Vanessa Delgado thanked more than 200 people who signed up to talk about the rules that took over two years.

“I don’t think there’s always a good or correct answer to these rules,” she said. “I know it’s very complicated and that each of these board members is doing the right thing to advance air quality goals in our area.”

Lynwood City Councilman Juan Muñoz Gevala said the rules would be a long and long step towards environmental justice for communities like him.

“I’ve seen firsthand how families in my community are forced to live with the health effects of dirty air. Our children grow up with asthma, our elders fight respiratory illnesses, and so many lives are shortened,” he said. “The gas appliances in our home are one of the largest sources of smog formation pollution in the area. Without addressing this, we cannot achieve our clean air goals.”

Peggy Huang, a member of Yorba Linda’s city council, urged the board to reject the rules.

“As someone who advocates for affordable housing, this will increase the cost of us achieving those goals,” Huang said.

Chino mayor Curtis Burton reflected some of the fans’ concerns. He said the rules “pose an additional financial burden on residents and businesses.”

Air quality regulators say the rules will save consumers money by reducing energy bills.

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