Quick Answer
SB 222 (Wiener), the Heat Pump Access Act, was chaptered on September 28, 2026. For HOAs, it makes void any governing document, guideline, or policy provision that prevents replacing a gas appliance with a code-compliant electric one, and any provision that effectively prohibits or restricts a heat pump water heater or heat pump HVAC system. It also streamlines local permitting. This is the version of the bill that passed after earlier 2025 proposals stalled.
What Associations Cannot Do
Under the bill as analyzed by the Assembly Local Government Committee, an association may not prohibit or restrict an owner from installing, upgrading, replacing, or using a residential heat pump water heater or heat pump HVAC system in the owner's separate interest. It also may not:
- Charge any fee in connection with the installation, upgrade, replacement, or use.
- Require a specific contractor or product.
- Claim any rebate, credit, or commission.
- Require removal, or prevent replacement or upgrade, of an existing system.
What Associations Can Still Do
- Enforce the law: the limits do not apply if the installation would violate federal, state, or local law, or a required permit is not granted.
- Require the system to meet applicable health and safety standards.
- Make the owner responsible for damage to common area, exclusive use common area, or another owner's unit caused by installation, operation, maintenance, or removal.
Permitting Changes That Affect Your Owners
SB 222 also changes what cities and counties can require for residential heat pumps, which speeds up the approvals owners will bring to your board. Highlights from the analysis, with larger jurisdictions on staggered dates:
- Asynchronous inspections beginning July 1, 2027.
- Online automated permitting for like-for-like swapouts by July 1, 2028.
- Permit fee caps of $150 for heat pump water heaters and $200 for heat pump HVAC systems, with exceptions where a jurisdiction documents higher costs.
- No permit or inspection for qualifying plug-in window AC or window heat pump units.
Small cities and counties are exempt from some provisions, and the permitting rules do not apply to new construction.
Interaction With AB 1684
SB 222 and AB 1684 use the same structure, and a heat pump is a cooling system under AB 1684. Treat them together: rewrite one policy section covering cooling, heat pumps, and gas-to-electric replacements, rather than three separate rules.
Board Checklist
- Remove CC&R and guideline language that bars electric appliances, heat pumps, or outdoor condenser placement that cannot be justified under the new limits.
- Review any noise, screening, or placement rules for outdoor equipment, and keep only those consistent with law.
- Confirm electrical capacity in older buildings and set a damage-responsibility form.
- Run requests through a documented review process that checks only permits, safety, and common-area impact.
Where This Comes From
Earlier proposals on this subject stalled in 2025, as covered in our legislation overview. The final law follows the same path as EV charging station protections: where the Legislature finds a strong public-policy interest, it overrides the usual deference courts give to CC&Rs. See how California courts treated restrictions before these statutes.
See also the 2027 California HOA laws overview.
APM manages community associations throughout the Bay Area. See our California board and homeowner resources, the California communities we serve, or contact APM to talk through how these changes affect your association.
Legal disclaimer: This article is general information, not legal advice. It reflects the Assembly committee analysis dated July 1, 2026 and public reports; the chaptered text and effective dates may differ. Confirm with a licensed California attorney before acting.
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