Air District Rule 9-6, October 2026

Replace the gas water heater now or wait? The Bay Area rule, date by date

Under the Bay Area Air District's Rule 9-6, a household gas tank water heater built after January 1, 2027 can't be sold or installed here unless it emits zero NOx, which today means electric. Working heaters can stay. On October 2, 2026 the Air District proposed moving the date to January 1, 2028 and adding exemptions for income, tight spaces and weak electrical service. The Board takes it up November 4, 2026.

  • Updated
  • 14 min read
  • Checked against 15 public sources

The short version

  • Nothing forces out a working gas water heater. The rule applies when a new one is bought and installed.
  • The cutoff follows the tank's date of manufacture: January 1, 2027 under the adopted rule, January 1, 2028 if the Board approves the October proposal.
  • The proposal would exempt low-income and housing-cost-burdened owners, and allow one gas replacement per address where space, ceiling height or the panel rules out a heat pump.
  • Furnaces come next: Rule 9-4 covers furnaces under 175,000 BTU/hr made after January 1, 2029, a date the Air District is still reviewing.
  • Have the room, the panel and the tank's age checked before it fails, so the choice isn't made on a cold-shower morning.

Somewhere in your house there's a gas water heater: in the garage under a Sunset row house, a back-porch closet in a Mission flat, the basement of a Berkeley brown shingle. If it's getting old, you've probably heard it's about to be banned. Not quite. The Bay Area Air District regulates which water heaters can be sold and installed, not the one already strapped to your wall, and the date it set is being reconsidered. Here is where things stand on October 3, 2026, and how to decide about your tank.

What the rule bans, and what it leaves alone

Regulation 9, Rule 6 is an air-quality rule about nitrogen oxides, the NOx that forms when natural gas burns and feeds smog and fine-particle pollution. On March 15, 2023 the Air District's Board amended it, along with Rule 9-4 for furnaces, to set a zero-NOx standard for gas storage water heaters rated at 75,000 BTU per hour or less: the ordinary household tank. The Air District calls these point-of-sale emission standards. Per its own fact sheet and staff report, they leave alone:

  • A working heater. Existing water heaters can stay in operation until they burn out or need replacing.
  • Selling your house. Replacing equipment triggers the rule; a property sale doesn't.
  • Stoves, ovens and dryers. They aren't covered, and the Air District says it has no plan to regulate them.
  • Propane. Only natural gas equipment falls under the rule.
  • Mobile homes. Their water heaters are exempt from the zero-NOx standard.

The detail most coverage skips: the cutoff follows the tank's date of manufacture. The rule bars selling or installing a gas tank made after the compliance date that emits any NOx, so a tank built before the date can still be sold and installed after it. The October 2026 proposal would also put the manufacture date on every carton and rating plate.

0 ng/J

of nitrogen oxides per joule of heat output: the limit for a gas tank built after the cutoff Bay Area Air District

So what is a zero-NOx water heater? For now, an electric one. The Air District says the only appliances on the market that currently meet the standards are electric. For most households that means a heat pump water heater, which takes heat from the surrounding air and puts it into the water. An electric resistance tank also complies, because the rule only covers heaters that burn natural gas.

Two water heaters compared: a gas tank whose burner sends NOx out through the flue, and a heat pump water heater that takes heat from the room's air and pushes cooler air out, with zero NOx at the appliance GAS TANK HEAT PUMP NOxNOxNOx gas burner NOx in exhaust room air in cooler air out zero NOx
A gas burner makes NOx in the flue. A heat pump water heater moves heat from the room's air into the water and burns nothing.

The dates, in order

  1. March 15, 2023

    The Board adopts the standards

    Rules 9-6 for water heaters and 9-4 for furnaces are amended together, each with a zero-NOx date.

  2. July 14, 2026

    A first draft

    Staff publish draft amendments: a one-year delay for household tanks, plus exemptions.

  3. October 2, 2026

    The formal proposal

    Proposed rule language, a staff report and a hearing notice come out. The income exemption now reaches owners at or below 80% of area median income.

  4. November 1, 2026, 6 p.m.

    Comments close

    Comments go through the Air District's online comment tool or by mail; the notice says emailed comments can't be considered.

  5. November 4, 2026, 9 a.m.

    The Board hearing

    At 375 Beale Street in San Francisco and on Zoom, with spoken comments taken.

  6. 2027

    January 1: the adopted date

    Gas tanks of 75,000 BTU/hr or less made after this date can't be sold or installed, unless the Board changes the rule.

  7. 2028

    January 1: the proposed date

    If adopted, the standard moves here for tanks over 30 gallons, and sellers must post a notice that a gas tank needs an exemption certificate.

  8. 2029

    January 1: furnaces

    Rule 9-4 reaches furnaces under 175,000 BTU/hr made after this date, which is still under review.

  9. 2031, or 2033 if amended

    January 1: larger and tankless gas units

    Heaters from 75,001 to 2 million BTU/hr, typically tankless, commercial and multifamily units in the Air District's words.

Who the October proposal would exempt

Every exemption in the proposal runs through one document: an exemption certificate from the Air District, obtained before the gas tank is installed, whose number the seller and the installer then keep on record. The preliminary staff report says eligibility rests mostly on self-attestation, and that certificates are planned to be issued immediately once every field of the application is complete.

Proposed Rule 9-6 exemptions for gas water heaters of 75,000 BTU/hr or less (October 2026)
WhoWhat qualifiesHow often
Low-income ownerThe property owner takes part in a listed program, among them Medi-Cal, CalFresh, CARE, FERA, SSI, WIC and LIHEAP, or has household income at or below 80% of the county's area median incomeWhenever the owner qualifies at the time of applying
Housing-cost-burdened ownerMortgage and property tax payments come to 28% or more of gross household income, on the owner's own attestationWhenever the owner qualifies at the time of applying
Small enclosed spaceThe heater sits in a space under 700 cubic feet that can't take a louvered door, transfer grille or duct because no adjoining space, attic included, is larger than 700 cubic feetOnce per address
Low ceilingA garage with a ceiling under 7.2 feet, or any other indoor space under 6 feetOnce per address
Electrical limitsA licensed contractor certifies a panel under 100 amps (under 60 amps per unit in a building of five or more units), a panel with no open breaker space or expansion slot, a new 240-volt line needing more than 50 feet of conduit, or knob-and-tube wiring with more than 50 feet of conduit to the panelOnce per address
Larger buildings and special systemsBuildings of five or more units, deed-restricted affordable housing, nonprofit housing co-ops and hydronic heaters that also warm the home may install gas units made before January 1, 2033Until the 2033 date
Emergency stopgapA licensed contractor installs a temporary gas tank, then removes it within 12 months or qualifies it under another exemptionTemporary

Up to 50%

of small gas water heaters could qualify for an exemption or a later date under the proposal, Air District staff estimate Bay Area Air District

Replace now or wait? Work it out for your tank

There's no single right answer, but there is a right order of questions. Start with the tank's age, because that tells you how much time you actually have; the staff report works from an average service life of about 13 years for a replacement heater. Then look at what would make a heat pump hard in your house.

How old is the gas tank you have now?

What would make a heat pump hard in your house?

What a heat pump water heater asks of an older house

A gas tank needed a flue, a gas line and a cold-water inlet. A heat pump unit trades the flue for a different set of needs, and in a house built in the 1920s those needs land in awkward places. Tap the numbers to see where a contractor will look.

A garage corner with a heat pump water heater where a gas tank used to be: air drawn in at the top and pushed out the side, a condensate line to a floor drain, two earthquake straps, a sealed flue hole and a capped gas stub in the ceiling, an electrical panel on the wall, and a tape measure from a ceiling joist to the floor
Where a contractor looks when a garage gas tank becomes a heat pump.
  1. Air around the unit It pulls heat from the room's air. A small closet may need a louvered door, a grille or a duct. More
  2. Cooler, drier air out ENERGY STAR notes these units can cool and dehumidify the space they sit in. The water they pull from the air needs a drain.
  3. The panel Many units need a 240-volt circuit; some plug into a 120-volt outlet. A load calculation says which your panel can carry.
  4. The old flue and gas line Going electric leaves a vent to close and a gas line to cap. That is plumbing work for a licensed plumber.
  5. Earthquake straps Gas or electric, the new tank is strapped. The shutoffs guide shows what to look for. More
  6. Ceiling height Under the proposal, a garage under 7.2 feet qualifies for a one-time exemption. Measure before ordering. More

Old wiring is the hidden variable. BayREN notes that knob-and-tube wiring is common in Bay Area homes built before the 1950s, and the proposal names it: where a house has knob-and-tube and the new heater would need more than 50 feet of conduit to the panel or subpanel, a contractor's certification qualifies the address for the one-time exemption. Any new circuit is C-10 Electrical work; the electrical page covers panels, rewiring and load.

If the tank fails after the cutoff

  1. Stop the water

    Close the cold-water valve above the tank and protect the floor; the first 48 hours guide covers drying out.

  2. Smell gas? Follow PG&E's rule

    Leave, call 911, then PG&E at 1-800-743-5000. PG&E says to shut gas off at the meter only if you smell gas, hear it escaping, see a broken line or suspect a leak, and never to turn it back on yourself.

  3. Read the plate

    Gallons, BTU rating and manufacture date decide which rule applies. Under the proposal, tanks of 30 gallons or less keep the older low-NOx limit, since staff found no zero-NOx model that small on the US market.

  4. Check exemptions before buying

    The certificate comes before the installation, never after.

  5. Ask about the stopgap

    Under the proposal, a licensed contractor can install a temporary gas tank with a certificate, then must remove it within 12 months or qualify it under another exemption.

  6. Permit, straps and license

    Expect a permit and an inspection either way. Check the license at cslb.ca.gov: C-36 Plumbing covers water heating equipment and gas connections, and C-20 includes water heating heat pumps.

The furnace is next: Rule 9-4 and 2029

What people call the Bay Area's gas furnace ban is Rule 9-4: a zero-NOx standard for furnaces under 175,000 BTU per hour made after January 1, 2029. Like the water heater rule, it applies at replacement, never to a furnace that still runs. The staff report says that date is being evaluated, with a full report due this fall, and the Air District has promised a cost and technology assessment before 2029. Staff don't recommend pushing the water heater date past 2029, partly to avoid confusion with furnaces.

The two rules meet at the electrical panel. If the furnace and the water heater are both near the end, plan them together so the electrical work happens once. A hydronic system, where one gas appliance heats both the water and the house, would fall under the proposal's 2033 provision rather than the 2028 date.

Questions people ask

Is the 2028 date final?

No. It is a proposal the Air District released on October 2, 2026. The Board of Directors hears it on November 4, 2026 and can adopt it, change it or reject it. Until then the adopted rule applies, with January 1, 2027 as the date for household gas tanks, counted by date of manufacture.

Can I still buy a gas water heater in 2027?

Under the adopted rule, yes, if the tank was manufactured before January 1, 2027. If the Board adopts the October proposal, any tank made before January 1, 2028 qualifies, and after that a gas tank over 30 gallons needs an exemption certificate. Tanks of 30 gallons or less would stay outside the zero-NOx standard.

What is a zero-NOx water heater?

One that emits no nitrogen oxides at the appliance: zero nanograms per joule of heat output under the rule. The Air District says the only appliances on the market that currently meet the standard are electric, in practice a heat pump water heater or an electric resistance tank. Gas units, tankless models included, don't meet it.

Is there a gas furnace ban in the Bay Area?

Not for furnaces you already have. Rule 9-4 sets a zero-NOx standard for new furnaces under 175,000 BTU per hour made after January 1, 2029. A working furnace can stay, and the Air District is still reviewing that date, with a cost and technology assessment promised before it takes effect.

Are there heat pump water heater rebates in California right now?

Some, and they change often. CleanPowerSF's Electrify Your Home program was taking applications when this guide was checked. BayREN listed the statewide California Energy-Smart Homes incentive as fully subscribed for 2026 as of April, and the federal home improvement credit doesn't cover a 2026 installation. BayREN's directory searches local programs by ZIP code.

How do I comment on the proposal?

Use the Air District's online public comment tool before 6 p.m. on November 1, 2026, or mail comments to Rule Development, 375 Beale Street, Suite 600, San Francisco, CA 94105. The hearing notice says emailed comments can't be considered. You can also speak at the November 4 hearing, in person or on Zoom.

Pros who take this work

Where these facts come from

Checked against these public pages in October 2026. Programs and rules change; the agency's own page is the final word. This guide is general information, not legal or engineering advice.

  1. Building Appliances: rule development for Rules 9-4 and 9-6 Bay Area Air District
  2. Notice of Public Hearing for Proposed Amendments to Rule 9-6 (October 2, 2026) Bay Area Air District
  3. Regulation 9, Rule 6: proposed amendments, October 2026 Bay Area Air District
  4. Preliminary Staff Report: Proposed Amendments to Rule 9-6 (October 2026) Bay Area Air District
  5. Myths vs. Facts: Understanding the Bay Area's Building Appliance Rules Bay Area Air District
  6. Building Appliances Rule Implementation Bay Area Air District
  7. Electrify Your Home CleanPowerSF (San Francisco Public Utilities Commission)
  8. Residential Energy Programs and Rebates for Bay Area Residents Bay Area Regional Energy Network (BayREN)
  9. Hope's EASE Home Upgrade Project and the Knob-and-Tube Rebate It Inspired Bay Area Regional Energy Network (BayREN)
  10. Energy Efficient Home Improvement Credit Internal Revenue Service
  11. Heat Pump Water Heaters ENERGY STAR (U.S. EPA and DOE)
  12. Gas safety Pacific Gas and Electric Company
  13. C-36 Plumbing Contractor classification Contractors State License Board
  14. C-20 Warm-Air Heating, Ventilating and Air-Conditioning classification Contractors State License Board
  15. C-10 Electrical Contractor classification Contractors State License Board

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