Marin County Supervisor Brian Colbert is the focus of an environmental advocacy campaign ahead of a Nov. 4 hearing on proposed changes to the Bay Area’s water heater pollution rule.
The Marin Conservation League’s Oct. 23 appeal asks residents to email Colbert by Tuesday, Oct. 27, supporting implementation of Rule 9-6’s zero-nitrogen-oxides standard for residential-scale water heaters.
Colbert represents Marin County on the Bay Area Air Quality Management District’s Board of Directors. In its appeal, the league described the board as “narrowly divided” and identified Colbert as one of four members who had not publicly stated a position.
The Oct. 27 deadline is the league’s advocacy target. The Air District’s formal comment period closes separately Sunday, Nov. 1, at 6 p.m.
What the board will consider
The Air District adopted zero-nitrogen-oxides appliance standards in March 2023. The upcoming hearing concerns proposed exemptions and changes to implementation dates.
For covered small water heaters, the proposal would move the manufacturing-date cutoff for the zero-nitrogen-oxides requirement from Jan. 1, 2027, to Jan. 1, 2028. The changes would also provide exemptions addressing affordability and installation barriers, according to the Air District’s proposed amendments and supporting documents.
The proposal also would move the compliance date for larger covered water heaters and boilers from 2031 to 2033.
The rule does not require property owners to remove working water heaters. Requirements apply when covered equipment is sold or installed, with applicability depending on equipment type, manufacturing date and available exemptions.
Opposition and lobbying
Rental housing and real estate groups have opposed the regulation, arguing that it could increase costs for property owners and renters.
An Actum announcement published by the Contra Costa Herald on Oct. 6 outlined plans for representatives of groups including the East Bay Rental Housing Association and California Rental Housing Association to speak against the rule at the Oct. 7 board meeting.
The broader lobbying effort has also drawn scrutiny. The San Francisco Chronicle reviewed 85 form emails seeking stronger economic-impact reviews. Ten people named in the messages denied authorizing them. The Bay Area Council denied submitting unauthorized letters or using AI in the campaign.
Separately, DeSmog reported that lobbying disclosures showed Chevron paid approximately $150,000 to the Bay Area Council during the second quarter of 2026. The report did not establish how that payment was used.
How to comment
Residents can submit formal online comments through the Air District’s public comment portal through Nov. 1 at 6 p.m. The district does not consider emailed regulatory comments.
Written comments may also be mailed to Rule Development, Bay Area Air Quality Management District, 375 Beale St., Suite 600, San Francisco, CA 94105.
The Nov. 4 hearing is scheduled to begin at 9 a.m., or when the item is reached, at the district’s headquarters at the same address. Participation is also available through Zoom, and verbal comments are welcome during the hearing, according to the official hearing notice.
