SACRAMENTO, CA — The Plumbing, Heating, Cooling Contractors of California (PHCC of California) has submitted formal comments to the Bay Area Air District (BAAQMD) seeking changes to proposed amendments to Rule 9-6, which regulates nitrogen oxide (NOx) emissions from natural gas-fired water heaters sold and installed in the nine-county Bay Area.

The statewide trade association is asking BAAQMD to revise several provisions before the proposed amendments advance to the Air District Board of Directors. PHCC of California’s primary concern is how the rule would address emergency water heater replacements, which represent a large share of installations performed by contractors.

Emergency Replacements Need More Practical Flexibility

Water heaters are often replaced after an unexpected failure, including nights, weekends and holidays. In these situations, homeowners can be left without hot water while contractors work through the exemption process required under the proposed rule.

“Most people don't replace a water heater on a schedule—they replace it because it just failed and their family needs hot water restored,” said Whitney Squire, Chief Executive Officer of PHCC of California. “The exemption process as written assumes there's time to plan ahead. In the real world, there usually isn't. We're asking the District to build a process that reflects how this actually works on the ground, so contractors can respond immediately and homeowners aren't left waiting.”

PHCC of California is asking BAAQMD to allow contractors to complete qualifying emergency replacements immediately, with property owners permitted to obtain the required exemption certificate within a reasonable period afterward.

The association is also seeking language that would expressly allow contractors and distributors to maintain non-compliant water heaters in inventory for qualifying emergency and exempt installations.

Proposed Reporting Requirement Raises Contractor Concerns

PHCC of California’s comments address several other provisions in the proposed amendments, which BAAQMD released July 14.

One concern involves a proposed requirement for contractors to report the sale price and sales tax charged for each installed water heater. PHCC of California considers that information competitively sensitive and questions its value for enforcing the emissions requirements.

The association also is asking for an exception covering buildings served by obsolete or hazardous electrical panels, including Zinsco and Federal Pacific Electric panels. Such limitations can complicate the transition to alternative water heating technologies in existing buildings.

Rule Timing Should Align With Federal Standards

PHCC of California also raised concerns about the proposed compliance timeline and its relationship to federal water heater efficiency standards issued by the US Department of Energy.

The association submitted its comments alongside manufacturer and distributor partners, including Bradford White Corporation, with which PHCC of California is generally aligned on the substance of the proposed amendments.

“We want this transition to succeed, and we think the District genuinely wants that too,” Squire said. “Our members are the ones who will be installing this equipment for years to come. The changes we're asking for are about making sure the rule works the way it's supposed to when someone's hot water goes out on a Saturday night.”

Public Comment Period Closes

The public comment period on the proposed amendments closed on Aug. 13. BAAQMD staff are expected to revise the proposed rule language before presenting it to the Air District Board of Directors for a vote, currently anticipated in the fourth quarter of 2026.

For more information, visit www.caphcc.org.