BAAQMD Water Heater Regulations: Make Your Voice Heard by Nov. 1st

The Bay Area Air District is considering changes to its gas water heater regulations. Rental housing providers have until November 1 to submit written comments before the Board's November 4 hearing.

What's Happening?

The Bay Area Air Quality Management District (BAAQMD) adopted regulations in 2023 requiring newly installed water heaters to meet a zero-nitrogen oxides (zero-NOx) emissions standard beginning in 2027.

Under Regulation 9, Rule 6, the requirements apply when covered water heaters are replaced. Property owners are not required to remove functioning gas water heaters simply because the compliance date arrives.

On November 4, 2026, the Air District Board of Directors will consider amendments intended to address affordability and installation challenges. Proposed changes include extending the compliance deadline and providing exemptions in certain circumstances.

While these proposed changes are a step toward recognizing the challenges property owners face, significant concerns remain about the financial and practical implications for rental housing providers.

Why This Matters to Berkeley Housing Providers

Replacing a gas water heater with a zero-emissions model, particularly in an older rental property, can involve substantial costs and logistical challenges, including:

• Electrical infrastructure: Existing electrical panels and wiring may be insufficient to accommodate new equipment, requiring costly upgrades.

• Space limitations: Heat pump water heaters may require additional space, ventilation, or modifications to existing installations.

• Installation expenses: Equipment, labor, permitting, and related improvements can make replacement significantly more expensive than installing a conventional gas water heater.

• Emergency replacements: When a water heater fails unexpectedly, housing providers must restore hot water promptly. Extensive electrical or structural work can make timely replacement difficult.

• Financial burdens: Small rental housing providers may have limited ability to absorb substantial unplanned expenses, particularly when maintaining older buildings.

Although some 120-volt heat pump water heaters may provide workable solutions, their availability does not eliminate the infrastructure and installation challenges faced by every property.

What Is BAAQMD Proposing?

The Air District has released proposed amendments to Rule 9-6 intended to provide additional flexibility, including exemptions for certain financial or installation hardships and an extension of the compliance timeline.

These amendments have not yet been adopted. The Board will consider them at its November 4 hearing.

BPOA encourages members to review the proposals and share their experiences with the Air District, particularly where the proposed requirements could create unreasonable expenses, installation difficulties, or delays in restoring essential services.

Submit Your Written Comments

Deadline: Sunday, November 1, 2026, at 6:00 PM

Written comments must be submitted through the Air District's online public-comment portal.

CLICK HERE TO SUBMIT PUBLIC COMMENT

Members can also review the proposed amendments to Regulation 9, Rule 6 before submitting their comments.

Suggested Public Comment

Members are welcome to use the following language as a starting point. Copy it into the Comment Details field on BAAQMD's submission form (linked above). We encourage you to personalize your comments with examples from your own rental properties. No chapter or page number is necessary when commenting on the proposed regulations generally.

Subject: Comments on Proposed Amendments to Regulation 9, Rule 6

Dear Air District Board Members,

As a Berkeley rental housing provider, I support efforts to improve air quality, but I am concerned about the financial and practical impacts of requiring zero-emissions water heaters, particularly in older rental properties.

Replacing a gas water heater may require costly electrical upgrades, plumbing modifications, or additional installation space. These challenges can be especially difficult when a water heater fails unexpectedly and hot water must be restored promptly.

I appreciate the proposed compliance extensions and exemptions, but urge the Board to ensure that the final regulations include realistic timelines, meaningful hardship exemptions, and financial assistance that recognizes the challenges facing small rental housing providers.

Thank you for your consideration.

[Name]
Berkeley Rental Housing Provider

Your Experience Matters

Whether you own one rental unit or several properties, your experience can help the Air District better understand the challenges of implementing these regulations.

Submit your comments by November 1 at 6:00 PM