Bill
SB 84
SB 84 preempts local bans on gas appliances, blocking municipalities from prohibiting gas-fueled appliances in new or existing buildings.
Status and citation
- Bill number: SB 84
- Introduced: January 17, 2025 (sponsor: Sen. Michele Hoitenga)
- Statutory change proposed: amend MCL 125.1513a (section 13a of the Stille‑DeRossett‑Hale Single State Construction Code Act, 1972 PA 230)
- Current referral: Committee on Local Government
Purpose / intent
- The bill would restrict the authority of local governments to ban or otherwise prohibit gas‑burning appliances in buildings. Its stated effect is to prevent local ordinances that would eliminate or prohibit the use of gas‑fueled appliances in new or existing commercial or residential structures.
Key provisions
- Definitions (as incorporated into section 13a): defines central furnace, clothes dryer, and household cooking gas appliance for purposes of the section.
- Energy conservation provision (existing statutory language retained/clarified): references provisions about appliances that require a continuously burning pilot light (examples listed include certain central furnaces, clothes dryers, and household gas cooking appliances), and identifies standard statutory exemptions (mobile/modular homes, appliances designed to burn only liquefied petroleum gas, appliances that meet applicable federal energy efficiency standards).
- Preemption of local ordinance authority (new/central change): adds an explicit prohibition on local action — “Notwithstanding any other law to the contrary, a local unit of government shall not adopt, maintain, or enforce an ordinance that prohibits the use of a gas‑burning appliance in a new or existing commercial or residential building or structure.”
- Cross‑references: amendment modifies/clarifies language in MCL 125.1513a (the bill text ties into existing code provisions governing energy provisions of the construction code).
Who would be affected
- Local governments / municipalities: would be barred from adopting or enforcing bans on gas appliances (a limitation on local regulatory authority/home‑rule measures on building electrification).
- Building industry: builders, developers, contractors, and property owners could not be subject to local prohibitions on gas appliances.
- Homeowners and renters: continued access to gas‑fired appliances where otherwise allowed by state building code.
- Utilities and appliance manufacturers/suppliers: preserves market access for natural gas appliances within the state.
- Advocacy groups and regulators involved in local climate, building electrification, or public‑health policy may be affected by reduced local policy tools.
Potential impacts and considerations
- Preemption of local electrification policies: the bill would prevent municipalities from implementing local bans on gas appliances as part of climate or building‑code initiatives.
- Legal and policy conflicts: could create tension between state building code requirements and local climate/environmental goals; may prompt legal challenges if localities have existing ordinances.
- Regulatory clarity: the bill reiterates existing statutory exemptions (mobile/modular homes, appliances using only LP gas, appliances meeting federal energy standards), which could limit the reach of the preemption in some contexts.
- Economic and consumer effects: preserves consumer access to gas appliances and protects associated businesses from local restrictions.
Procedural / timeline notes
- Introduced Jan. 17, 2025 and referred to the Senate Committee on Local Government. Next steps would typically include committee hearings, possible amendments, and committee votes before potential floor consideration. Consult the legislature’s status page for updates on hearings, amendments, and votes.
Source: Text of proposed amendment to MCL 125.1513a (section 13a) as provided in the bill packet.
Compiled from official sources — confirm details with the bill’s official record.
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