Legislation · September 3, 2026
California Made Heat Pump Permits Hard. SB 222 Tries to Fix That.
The climate lobby is treating Senate Bill 222 like Sacramento invented heat pumps. It didn’t.
8 minute read · Bruce Cheney / Anchors Aweigh Energy
The climate lobby is treating Senate Bill 222 like Sacramento invented heat pumps. It didn’t.
What California did for years was make ordinary change-outs slow and expensive: 600 local counters, HOA letters, duplicate forms, a second Saturday for a reinspection. Soft costs, not the refrigerant, are the scandal.
Now the same political class wants credit for cutting a slice of the red tape it built. The bill is on Governor Newsom’s desk until September 30, 2026. Sponsors call it the Heat Pump Access Act. The enrolled text never uses that name. Official title: Residential heat pump water heater or heat pump HVAC systems.
Status right now: enrolled, presented August 30. Not signed. Not vetoed. No chapter number. Check the official bill before you quote a press release. Final Senate concurrence was 32–5. Trade press that says 26–5 got the vote wrong.
What this bill is — and is not
If signed, SB 222 rewrites the permit desk for existing homes.
It does not:
- Mandate heat pumps
- Ban gas
- Rewrite Title 24
- Replace a HERS/ECC test or a CF3R
- Fix your electrical panel or the utility timeline
Heat pumps are useful machines. They are not a religion. Making them cheaper to permit is good process — whether you care about carbon or you just need the house cool before the next heat wave.
Who it covers
One heat pump water heater or one heat pump HVAC system serving one dwelling unit.
Not a central plant. Not multifamily corridor equipment. Not new houses — Government Code § 51297.59 is clear. New construction stays on the full Energy Code path.
The “swapout” trap
Trade blogs are already overselling this. A swapout is narrow:
- Same location as the old water heater, or the old air handler and outdoor coil
- Not more than 25 feet of new or modified duct
- Not package-to-split or split-to-package
- Not a new electrical panel or structural work
Miss any of those and you leave the instant-permit path. Separate panel and structural permits are still allowed. The moment the job gets real, you are back in ordinary California.
The Manual J myth
SB 222 does not require Manual J on every heat pump.
The load-calc oath (under penalty of perjury) is only for the real-time automated HVAC path. Allowed methods: ACCA Manual J, the SMACNA residential comfort manual, or the California Mechanical Code. Heat pump water heaters are not in that sentence.
HERS/ECC stays. If the city wants a CF1R, it still wants a CF1R. The only new rule: they cannot make you retype the same energy data, except name and address. A video building inspection is not a CF3R.
Dates that matter
If signed in 2026, most of the chapter starts January 1, 2027. Then:
| When | What changes |
|---|---|
| July 1, 2027 | Cities and counties must offer asynchronous inspections. You and the inspector don’t have to stand on the pad together. Phone or video is allowed. They can still demand a follow-up with both of you there. |
| Jan 1, 2028 | Locals may require up to one nondiscretionary permit per installation — one per appliance, not one ticket for furnace and water heater on the same job. |
| July 1, 2028 | Most jurisdictions must offer online, real-time permits for qualifying swapouts (no new panel, no structural work). |
Small cities under 5,000 and counties under 150,000 are exempt from the portal and fee caps. San Diego City and County are not. HOA rules and async inspections still apply statewide.
Fees and HOAs
Default fee caps (unless the city adopts cost findings):
- Heat pump water heater: $150
- Heat pump HVAC: $200
Third-party software fees sit outside the cap. Requirements and fees must be posted. Electronic submittal and e-signature are required.
HOAs: Civil Code 4737, if this becomes law, voids documents that block replacing a fuel-gas appliance with a code-compliant electric one, and voids covenants that effectively ban a covered heat pump. They cannot charge a review fee, pick their pet contractor, skim the rebate, or force a working unit out. They can still bill you for damage to common area. They can still stop an illegal install.
Window units: No permit or inspection only if all of this is true — 120 V or less, self-contained, no dedicated circuit, no panel upgrade, no drain, no structural work. The text says window, not wall. Add a circuit or condensate and you’re back in line.
Who opposed it — and why that matters
CALBO, the League of California Cities, CSAC, and RCRC opposed versions of this bill. Rural counties said permitting was never the main barrier — upfront cost was. Building officials fear rubber-stamp portals. They inherit the callbacks when an automated permit meets a bad install.
So if Newsom signs, design the 2028 form with a HERS registration field. Instant permits without verification are how California gets another round of “permitted” jobs that still fail final.
What to do Monday
Do not tell a homeowner “the State just legalized your heat pump.” It was already legal. The fight was the counter, the HOA letter, and the second inspection.
Keep your load calc as a real file (Manual J, SMACNA, or CMC). Keep your Title 24 author and your HERS/ECC rater on the job. Watch September 30.
If he vetoes, the soft-cost problem remains. If he signs, put July 1, 2027 and July 1, 2028 on the shop wall.
We still do the testing and the paperwork. We do not install the unit. Call 858-254-1189 if you want a CF1R that survives the new counter, or a class for the building department that has to stand this up without becoming a rubber stamp.
— Bruce Cheney, Anchors Aweigh Energy