By Tim O’Connor
Associate Editor and
Communications Manager
The debate over the future of gas ovens entered the public consciousness earlier this year after a member of the U.S. Consumer Product Safety Commission (CPSC) told Bloomberg that gas stoves could eventually be banned over health hazards. Coming from an administration that has already gained a reputation for aggressive and excessive regulation, the public reaction was swift. Chefs jokingly tweeted pictures of themselves taped to their ranges in protest while others circulated memes that added a stove to the “Don’t Tread on Me” flag. One hopeful social media user even offered up their yellowing 1970s-era “pre-ban” gas stove for nearly $5,000.
The uproar prompted the chair of the CPSC to release a statement clarifying the commission had no plans to ban gas stoves. President Joe Biden even weighed in, confirming that he did not support a gas stove ban. Meanwhile, some legislators have put their support for natural gas appliances into writing, as the House version of the Energy and Water Development and Related Agencies Appropriations Act of 2024 includes a provision that would prohibit funds from being used to implement or enforce a ban on natural gas ranges and ovens. The bill is expected to be considered later this year.
Although it appears a national ban is unlikely at this time, the threat remains real on the local level. The trend started in 2019 when Berkeley, California, became the first U.S. city to adopt a natural gas ban for newly built homes as part of an effort to reduce carbon emissions. Since then, more than 100 municipalities have enacted similar prohibitions. In May, New York became the first state to ban natural gas in most new buildings.
Most of the gas bans have targeted new residential construction, but some, such as Washington state’s 2021 update to its energy codes, also limit natural gas in new commercial buildings. As local municipalities and state governments continue to look at the issue, the possibility of it impacting commercial kitchens becomes more pronounced. “Despite this change in tactics, gas ban discussions continue. They are currently focused on the consumer market, but they are quickly seeping into the commercial world,” said Charlie Souhrada, CFSP, vice president, regulatory and technical affairs, North American Association of Food Equipment Manufacturers (NAFEM).
A mandated switch to electric appliances, even if only for new construction, could profoundly affect how kitchens operate. According to the National Restaurant Association, 76 percent of U.S. restaurants use natural gas and 90 percent of restaurants using natural gas say that losing the ability to cook with an open flame would negatively impact the quality of food that they serve. A ban would also increase expenses as gas ranges typically cost 10 to 30 percent less to operate.
“Natural gas has been the standard for many years, so builders are very familiar with it,” explained Eric Chaplick, director of operations and design for Boelter Companies. “Gas is easy to work with — you simply need to bring enough into the space, pipe it and connect it to each piece of equipment. Gas equipment also tends to be more inexpensive than electric, which continues to make it an attractive option for many customers.”
With the court of public opinion seemingly opposed to such bans, the courts themselves have also been making moves to block their implementation. In April, a U.S. Court of Appeals for the Ninth Circuit panel ruled unanimously that Berkeley’s natural gas ban violated the federal Energy Policy and Conservation Act (EPCA). The decision was seen as a win for the restaurant industry and prompted other government entities, including the state of Washington, to halt their implementations.
“Natural gas appliances are crucial for restaurants to operate effectively and efficiently, as they allow for a wide variety of cuisines and innovations in the restaurant industry,” Jot Condie, president and CEO of the California Restaurant Association (CRA), the organization that brought the lawsuit against the city of Berkeley, said in a statement. “Cities and states cannot ignore federal law in an effort to constrain consumer choice, and it is encouraging that the Ninth Circuit upheld this standard.”
Berkeley has since filed a petition for a rehearing in the case and it’s still unclear whether similar local bans would fail the same legal standards, meaning the matter remains unsettled. Further, the Biden Administration submitted an amicus brief in the Berkeley case supporting the city’s petition, with officials from the U.S. Department of Energy and the Department of Justice asking the full court to reverse the panel’s opinion. Not willing to wait for an uncertain court outcome, many conservative-leaning state legislatures have taken preemptive action. As of June, 25 states had adopted laws that prohibit communities from passing ordinances that curb natural gas installations.
What Dealers Can Do
The conflict over natural gas appears here to stay, which puts foodservice equipment dealers in the position of navigating yet another regulation on behalf of their customers. “The Biden Administration’s filing is indicative of Biden’s climate agenda,” Souhrada said. “And it shows our industry needs to be cognizant of what is going on so, if we’re asked by customers, we can respond accordingly.”
Many FEDA dealers have already encountered the issue and are working with operators to implement viable solutions. “Our customers are feeling the impact, especially those in California and New York,” Chaplick said. “We are also witnessing natural gas bans spreading to major cities such as Chicago and Boston, and we believe it won’t be long before other cities and states follow suit in enforcing these bans.”
Opportunity for Dealers
Electric cooking is unconventional and can add complexity and confusion to a project. An electric stove or range necessitates more engineering, planning and effort, while builders must also consider a new set of factors such as calculating electrical loads, sizing panels and adding isolated disconnects. Managing those requirements requires a skilled partner, which is where Chaplick sees an opportunity for dealers. “Every customer and their unique needs vary; there’s no one-size-fits-all solution,” he said. “We keep customers informed, share our knowledge and assist them in making informed decisions tailored to their specific requirements. Our equipment manufacturer partners also do a great job in keeping us informed on the latest industry and equipment trends, and how each investment outweighs the cost.
“As dealers, our initial focus should be on assisting operators in understanding the code changes relevant to their locations, understanding the mechanical implications (such as increased electrical requirements) and grasping operational aspects,” Chaplick continued. “There may be challenges stemming from established practices, but through training, cooking demonstrations and even offering cost analyses, we can partner with customers to make informed decisions.”
Preparing for the Future
Even if the courts ultimately uphold the Ninth Circuit’s rejection of the Berkeley ban, foodservice equipment and supplies companies may still find themselves confronting new local natural gas requirements. NAFEM is encouraging its members to anticipate more regulatory action and recommending that they explore new technologies to address future emissions concerns. “That involves looking at burners, fugitive emissions from those burners, it could also incorporate fuel type,” Souhrada said.
One such future technology is the use of cleaner burning hydrogen as a cooking fuel source. Hydrogen is already being used in some regions of Canada and the state of New Jersey and Souhrada noted that other states are testing hydrogen and natural gas blends on appliances, including commercial cooking equipment. At the same time, the federal government is researching ways to develop regional hydrogen hubs that would serve as the infrastructure necessary to distribute hydrogen blends to the rest of the country.
NAFEM has been an early supporter of that effort. The association’s Technical Liaison Committee (TLC) includes a fuels task group that is investigating alternative fuels and blends. “That’s an interesting committee because it addresses things like what does battery power mean? What does solar power mean? How does hydrogen impact the type of equipment that can be used?”
At Boelter, Chaplick sees the shift to alternative energy sources as part of the industry’s natural progress. In fact, some environmentally conscious customers are proactively inquiring about transitioning to electric equipment, which creates an opportunity for new sales.
“The gas-to-electric transition is inevitable,” Chaplick said. “Dealers should embrace the change by training associates, ensuring that we can consistently meet our customers’ needs.”