Arizona — 1st state to outlaw gas bans — may add energy choice to constitution

In a bid to head off potential fossil fuel restrictions, Arizona Republicans are aiming to amend the state's constitution to protect consumer access to stoves, cars and other devices, regardless of the energy they consume.

Conservative state lawmakers have been pushing forward a resolution that would block state or local policymakers from restricting the production, use or sale of a device based on the energy that powers it.

If passed, House Concurrent Resolution 2050, the Energy Nondiscrimination Act, would put the issue before voters. During the next general election, Arizonans would vote on enshrining HCR 2050's limits on state and local authority into the constitution.

House Republicans passed the resolution 31-29 on a strict party line vote March 4. On March 21, HCR 2050 advanced out of the GOP-controlled Senate Natural Resources, Energy and Water Committee with a favorable recommendation, again split along party lines.

The ballot initiative comes four years after Arizona became the first state to pass a law prohibiting restrictions on fossil fuel use in buildings. The legislation has since passed in at least 24 more states.

No local governments in Arizona have pursued gas bans, but cities such as Tucson and Flagstaff plan to explore policies to encourage building electrification as part of their climate plans.

Getting ahead of restrictions

HCR 2050's chief sponsor, Rep. Gail Griffin — who chairs the House Natural Resources, Energy and Water Committee — stressed that the resolution would protect access to all energy sources, including renewables. But opponents and proponents alike acknowledged that HCR 2050 is a response to fossil fuel restrictions.

Building electrification mandates have proliferated across the US since Arizona outlawed gas bans in 2020. More recently, a heated debate over the potential health impacts of gas stoves has fed speculation that regulators will ban the appliances.

Final federal tailpipe rules geared toward increasing electric vehicle adoption and policies banning the sale of gasoline vehicles in California and other states have raised additional concerns about fuel choice, according to Greg Blackie, deputy director of policy at the Arizona Free Enterprise Club.

"[HCR 2050] is a simple but critical constitutional amendment to protect consumer choice so that Arizonans can decide which devices they want to purchase and which source of energy they prefer," Blackie told the Senate Natural Resources committee on March 21. "Around the country, devices are being restricted by regulatory fiat."

Propane industry, environmentalists oppose resolution

Arizona Propane Gas Association Executive Director Barry Aarons said he agreed with HCR 2050's sentiment but opposed the resolution. He said the amendment effort was likely to fail in a ballot initiative because companies that support electrification would spend richly to defeat it.

"If it is defeated, then the public has said, 'No, we want to allow cities to prohibit the manufacture and use of propane devices,'" he said during a Feb. 13 House Natural Resources meeting.

Since then, Aarons has maintained that HCR 2050 is not necessary because Arizona's 2020 bill protects gas hookups and access to propane, which should protect gas appliances. Additionally, he has noted that the US Court of Appeals for the 9th Circuit, which covers Arizona and several Western states, ruled that federal energy efficiency law preempts Berkeley, Calif.'s pioneering gas ban.

Sandy Bahr, director of the Sierra Club's Grand Canyon chapter, also urged lawmakers to vote against the resolution, saying that it was broad and vague enough that its impacts would be difficult to anticipate.

Bahr said a constitutional amendment could preclude Arizona from regulating gas stoves, even as research continues into their potential to contribute to childhood asthma.

"There are real reasons for regulation, including to protect the most vulnerable in our communities," Bahr said during the Feb. 13 meeting. "There is an important place for regulation relative to the energy sources."