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.
The dates, in order
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.
July 14, 2026
A first draft
Staff publish draft amendments: a one-year delay for household tanks, plus exemptions.
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.
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.
November 4, 2026, 9 a.m.
The Board hearing
At 375 Beale Street in San Francisco and on Zoom, with spoken comments taken.
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.
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.
2029
January 1: furnaces
Rule 9-4 reaches furnaces under 175,000 BTU/hr made after this date, which is still under review.
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.
| Who | What qualifies | How often |
|---|---|---|
| Low-income owner | The 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 income | Whenever the owner qualifies at the time of applying |
| Housing-cost-burdened owner | Mortgage and property tax payments come to 28% or more of gross household income, on the owner's own attestation | Whenever the owner qualifies at the time of applying |
| Small enclosed space | The 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 feet | Once per address |
| Low ceiling | A garage with a ceiling under 7.2 feet, or any other indoor space under 6 feet | Once per address |
| Electrical limits | A 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 panel | Once per address |
| Larger buildings and special systems | Buildings 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, 2033 | Until the 2033 date |
| Emergency stopgap | A licensed contractor installs a temporary gas tank, then removes it within 12 months or qualifies it under another exemption | Temporary |
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?
Wait, and use the time. Nothing in the rule touches a working heater, and by the time this one wears out the Board will have voted. Have the room and the panel looked at once, so you know your path: a heat pump that fits as is, one that needs electrical work first, or an exemption.
Plan now and pick your moment; the worst time to choose is a morning with no hot water. Have a plumber or HVAC contractor price both paths while the old tank still works. A gas tank made before the cutoff is still allowed, and a heat pump done on your schedule leaves time for permits and electrical work.
Don't wait for the hearing. A tank weeping at the base has already set your timeline. If a heat pump needs electrical work you can't schedule in time, ask whether a tank made before the cutoff is available or, after the cutoff, whether an exemption or the contractor stopgap fits.
Find the rating plate on the side of the tank. It lists the model and serial number, and a plumber can usually read the build date from the serial. Gallons and the BTU rating, also on the plate, decide which part of the rule applies.
What would make a heat pump hard in your house?
Often the most solvable obstacle. The staff report points to 120-volt plug-in models, circuit sharing, smart panels and load management as ways around a panel upgrade, and estimates at least 44% of Bay Area single-family homes already have 200-amp panels. Panels under 100 amps, the proposal's test for the one-time exemption, are rare: 3% of single-family homes statewide. Get a load calculation before anyone sells you a new service.
A heat pump water heater draws its heat from the room, so air volume matters. ENERGY STAR advises a space that stays between 40 and 90°F with about 1,000 cubic feet of air, and the manufacturer sets the real minimum. A louvered door, a transfer grille or a short duct can open up a closet; the proposed exemption covers spaces under 700 cubic feet where none of those is possible.
Measure before anyone orders a unit. Under the proposal, a garage ceiling under 7.2 feet, or another indoor space under 6 feet, qualifies for the one-time exemption. Garages cut in under older houses are the ones worth checking with a tape.
Start with the income exemptions: a listed program, income at or below 80% of area median, or mortgage and taxes at 28% or more of gross income. CleanPowerSF's Electrify Your Home program pays bill credits on heat pump water heaters installed on or after March 15, 2025. The federal home improvement credit no longer covers a 2026 installation.
The proposal lets buildings of five or more units, deed-restricted affordable housing, nonprofit housing co-ops and combined water-and-space heating systems install gas units made before January 1, 2033, each with a certificate. In a rental the owner decides, and the income exemptions look at the owner, not the tenant.
Then no exemption is meant for you, and the only question is timing. A heat pump installed on your schedule, permit pulled and circuit planned, beats one put in after a leak.
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.
- 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
- 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.
- 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.
- 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.
- Earthquake straps Gas or electric, the new tank is strapped. The shutoffs guide shows what to look for. More
- 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
Stop the water
Close the cold-water valve above the tank and protect the floor; the first 48 hours guide covers drying out.
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.
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.
Check exemptions before buying
The certificate comes before the installation, never after.
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.
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.
- Building Appliances: rule development for Rules 9-4 and 9-6 Bay Area Air District
- Notice of Public Hearing for Proposed Amendments to Rule 9-6 (October 2, 2026) Bay Area Air District
- Regulation 9, Rule 6: proposed amendments, October 2026 Bay Area Air District
- Preliminary Staff Report: Proposed Amendments to Rule 9-6 (October 2026) Bay Area Air District
- Myths vs. Facts: Understanding the Bay Area's Building Appliance Rules Bay Area Air District
- Building Appliances Rule Implementation Bay Area Air District
- Electrify Your Home CleanPowerSF (San Francisco Public Utilities Commission)
- Residential Energy Programs and Rebates for Bay Area Residents Bay Area Regional Energy Network (BayREN)
- Hope's EASE Home Upgrade Project and the Knob-and-Tube Rebate It Inspired Bay Area Regional Energy Network (BayREN)
- Energy Efficient Home Improvement Credit Internal Revenue Service
- Heat Pump Water Heaters ENERGY STAR (U.S. EPA and DOE)
- Gas safety Pacific Gas and Electric Company
- C-36 Plumbing Contractor classification Contractors State License Board
- C-20 Warm-Air Heating, Ventilating and Air-Conditioning classification Contractors State License Board
- C-10 Electrical Contractor classification Contractors State License Board
