Coalition Sends Letter of Support for Denver's Energy Code Provisions

Mike Johnston
Mayor, City of Denver
1437 Bannock St
Denver, CO 80202

July 25, 2024

Dear Mayor Johnston,

As this letter is being written, Denver is experiencing some of the worst air quality in the world. It’s clear that we need ambitious policies like Denver’s 2022 Energy Code Electrification Provisions that tackle our air quality issue and protect the health of our communities. Buildings are one of the region's leading contributors to greenhouse gas emissions, exacerbating the climate crisis and worsening indoor and outdoor air quality.

Denver’s 2022 Energy Code Electrification Provisions is a crucial program designed to combat the city’s building pollution and establish Denver as a national climate leader. Developed through consensus with a diverse group of stakeholders, the program enjoys widespread support from Denver and Colorado residents. 2022’s code is vital for Denver to achieve its climate goals and maintain its leadership in the fight against climate change.

A new lawsuit filed on July 3, brought by a coalition of fossil fuel and industry interests, challenges these common-sense provisions. The lawsuit attempts to piggyback off of the Ninth Circuit Court of Appeals’ recent decision regarding the City of Berkeley’s ban on new gas connections. But the provisions in Denver’s 2022 building code that the plaintiffs challenge do not ban new connections to the gas system, nor do they ban gas equipment. Instead, the 2022 energy code provisions contain broad exceptions that allow the installation of gas-fired furnaces and water heaters.  

We ask Denver to vigorously defend its 2022 electrification provisions against attempts to roll back progress in reducing air pollution from buildings. Failing to do so will send the wrong message and set a precedent for further backsliding on our climate action. Withdrawing or repealing these provisions will have significant implications that extend beyond the city limits. It has the potential to undermine other jurisdictions' confidence and ambition in pursuing similar climate policies and could give more encouragement to corporations to use our court systems to coerce cities with fewer resources than Denver.

We urge you to support the 2022 Energy Code Electrification Provisions and ensure that Denver continues to lead in the fight against climate change.


Sincerely,

Margaret Kran-Annexstein, Chapter Director, Sierra Club Colorado

Lauren Swain, Coordinator, PSR Colorado - Physicians for Social Responsibility

Joe Antus, Executive Director, Signal Tech Coalition

Ron Bennett, Architect and Decarbonization Advocate, 350 Colorado

Erik Johnson, Northwest Builders LLC, Energy-efficiency Consultant for All-Electric Affordable Housing Projects

Mike Kruger, President and CEO, Colorado Solar and Storage Association 

Alana Miller, CO Policy Director, Natural Resources Defense Council (NRDC)

Chuck Kutscher, Policy Committee, Colorado Renewable Energy Society

Christine Brinker, Sr. Buildings Policy Manager, Southwest Energy Efficiency Project

Meera Fickling, Building Decarbonization Manager, Western Resource Advocates

Charlotte Matthews, Managing Director, RMI

Harv Teitelbaum, Board President, Colorado Rising

Portia Prescott, President, Rocky Mountain NAACP

Councilwoman Sarah Parady, At-Large Denver City Council Member