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AB 1238

California Energy Consumer Freedom Act.

2025-2026 Regular Session Introduced by Carl DeMaio

Prohibits state/local governments from enacting rules that ban gas stoves or gasoline-powered vehicles/equipment, blocking building electrification bans statewide.

Re-referred to Com. on U. & E.
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Bill Summary · AB 1238

AB 1238 — California Energy Consumer Freedom Act

Introduced: February 21, 2025 | Author: DeMaio
Status: Re‑referred to Committee on Utilities and Energy (U. & E.) — last action March 28, 2025

Overview

AB 1238 would prohibit state agencies and local governments (including charter cities) from adopting or enforcing rules, regulations, resolutions, or ordinances that would (1) prohibit the use of gas stoves/appliances in residential or nonresidential buildings and (2) prohibit the buying, selling, or use of gasoline‑powered vehicles or equipment. The bill adds new statutory sections to the Health and Safety Code and the Public Resources Code and declares these matters to be of statewide concern.

Key provisions

  • Adds Health and Safety Code § 43013.4:
    • Prohibits state agencies and local governments, including charter cities, from adopting or enforcing actions that directly or indirectly prohibit buying, selling, or using gasoline‑powered vehicles or equipment.
    • Declares the section addresses a statewide concern and applies to all cities.
  • Adds Public Resources Code § 25969:
    • Prohibits state agencies and local governments, including charter cities, from adopting or enforcing rules that directly or indirectly prohibit the use of gas stoves/appliances in residential or nonresidential buildings. The text explicitly includes ordinances that prohibit natural gas hookups for new buildings as an example.
    • Declares the section addresses a statewide concern and applies to all cities.

Who would be affected

  • Local governments and state agencies: barred from adopting/enforcing ordinances or regulations that would ban gas stoves or gasoline‑powered vehicles/equipment.
  • Municipalities that have pursued or are considering building electrification measures (e.g., bans on natural gas hookups for new construction) would be precluded from enforcing such measures.
  • State regulators (including air quality boards and agencies setting vehicle or building standards) could be constrained from implementing policies that would effectively prohibit gasoline vehicle sales or gas appliance use.
  • Builders, property owners, appliance retailers, vehicle and equipment sellers, and consumers would be directly impacted by limitations on government‑imposed electrification or gasoline‑prohibition policies.

Procedural status & timeline

  • Introduced: 2025‑02‑21
  • Read first time: 2025‑02‑24
  • Referred to Committee on Utilities and Energy: 2025‑03‑17
  • Amended and re‑referred: 2025‑03‑27 to 03‑28 (committee chair amendments)
  • Current status: Re‑referred to Com. on U. & E.

Potential impacts and legal considerations

  • Could block local electrification ordinances (e.g., bans on gas hookups for new buildings) and some state or local measures aimed at reducing fossil fuel use in buildings or transportation.
  • May conflict with existing or proposed state policies targeting greenhouse gas emissions and air quality (for example, vehicle standards adopted by the California Air Resources Board, including Advanced Clean Cars II).
  • The bill declares statewide concern to preempt municipal authority (including charter cities); this preemption could be subject to legal challenge depending on constitutional and statutory interpretation.
  • The bill contains broad prohibitions but does not specify enforcement mechanisms, penalties, or exceptions (such as safety or health emergencies).

This summary focuses on the bill’s substantive effects as currently drafted. Changes in committee amendments or floor actions could alter the scope or application.

Compiled from official sources — confirm details with the bill’s official record.

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