Analyses / Impact Analysis / 119 · HR 3699 Impact Analysis

119-HR-3699 Data-Driven Journalist Impact Analysis

119 · HR 3699 Energy Choice Act

Bottom-line assessment
On balance, expected impacts are mixed across objectives.
Buildings direct share of U.S. GHGs (2022)
13% of total (31% incl. electricity)
U.S. households using natural gas for main heat (2020)
53% of households
Avg. residential electricity price (forecast, 2025)
16.8¢/kWh
Avg. winter household heating expenditure (natural gas vs electricity, 2024–25)
639$ gas vs $1,093 electricity
Published
22 Nov 2025
Updated
22 Nov 2025
Tags
Impact Analysis · Energy Policy · Preemption
Unvetted
01 · Section

Summary

What the bill does: H.R. 3699 bars any state or local measure that “prohibits or limits” connecting, modifying, distributing, or expanding an energy service based on fuel type, explicitly listing natural gas, RNG, hydrogen, LPG/petroleum products, biomass‑based diesel/renewable fuels, and electricity. This is broader than existing federal preemption under the Energy Policy and Conservation Act (EPCA) because it targets utility connections and distribution, not just appliance efficiency. [8]Congress.gov — Text of H.R. 3699 — Energy Choice Act (119th Congress)

  • Scope: Preempts both direct bans and policies with the effect of limiting service by fuel type (e.g., all‑electric building codes that disallow gas piping in new construction). [8]Congress.gov — Text of H.R. 3699 — Energy Choice Act (119th Congress)
  • Legal context: EPCA already preempts many appliance‑level measures; the Ninth Circuit held Berkeley’s gas‑piping prohibition preempted. H.R. 3699 would extend preemption nationally to service connections/distribution, reducing local discretion. [9]FindLaw — California Restaurant Association v. City of Berkeley (9th Cir.)
  • :warning: Process note: Congress.gov shows status as “Introduced” (June 4, 2025) at last crawl; committee activity can update rapidly. Use official trackers for the latest procedural status. [10]Congress.gov — All Information on H.R. 3699 — status overview
02 · Section

Economic Effects

Key channels: household energy bills and retrofit costs; construction costs for new buildings; utility system planning and cost recovery; commercial sector operational preferences; fuel‑market dynamics.

  • Household heating expenditures: For winter 2024–25, EIA estimated average household expenditures of about $639 for natural gas vs $1,093 for electricity, illustrating today’s operating‑cost gap in many regions. Preserving gas hookups may shield some households from short‑run bill increases if they would otherwise be forced to electrify without rate reform. [6]U.S. Energy Information Administration — EIA Winter Fuels Outlook excerpts (Mar…
  • Retail electricity outlook: EIA’s 2025 forecast implies average U.S. residential prices around 16.8¢/kWh (roughly flat in real terms), with wholesale prices rising in several regions as loads grow (AI/data centers, electrification). Connection preemption could modestly dampen electrification‑driven demand growth at the margin. [11]American Public Power Association — APPA summary: EIA forecasts 2025 retail ele…[12]Reuters — Reuters: EIA sees higher U.S. wholesale power prices in 2025
  • New construction costs: Multiple RMI city‑level analyses find all‑electric single‑family new construction is typically cheaper to build and operate than mixed‑fuel (avoids gas lateral/meter; single heat pump provides heating and cooling). Local all‑electric codes designed to capture those savings could be invalidated by the bill. [5]RMI — RMI: The Economics of Electrifying Buildings—Residential New Construction…[13]RMI — RMI: The New Economics of Electrifying Buildings (2020)
  • Commercial operations: Some restaurants strongly prefer gas flame; EPCA already constrains appliance‑targeted ordinances, but this bill would also bar piping/connection limits that indirectly affect equipment choice—reducing regulatory uncertainty for these businesses. [9]FindLaw — California Restaurant Association v. City of Berkeley (9th Cir.)
  • Utility planning and rates: Preempting local electrification mandates would slow load‑shifting from gas to electric in some jurisdictions, supporting gas throughput but potentially prolonging recovery of sunk costs and expansion plans. Conversely, maintaining dual networks can increase long‑run fixed‑cost burdens per customer if electrification proceeds elsewhere (stranded‑asset risk). [14]California Public Utilities Commission — CPUC creates framework to avoid strand…[15]California Public Utilities Commission — CPUC Long‑Term Gas Planning R.24‑09‑01…[16]Web search · turn 10 #7
  • Fuel‑market spillovers: Rising LNG exports have tightened domestic gas balances at times; policies that keep building gas demand higher could marginally support upstream activity but also expose households to commodity‑price swings. [17]Reuters — Reuters: U.S. LNG exporters and households on gas use collision course
03 · Section

Social Effects

Distributional and public‑health considerations.

  • Indoor air quality: Gas or propane stove use raises indoor NO2 exposure by ~4 ppb on annual average, frequently exceeding WHO/EPA short‑term benchmarks during cooking; smaller homes and several minority groups experience higher exposures. Limiting local authority to reduce on‑site combustion in new buildings could forgo these health co‑benefits. [4]Science Advances (record) — Science Advances (2024): Nitrogen dioxide exposure…[18]Stanford University — Stanford Report: Gas stoves emit unsafe levels of nitroge…
  • Energy burden and choice: About half of U.S. households use natural gas for primary space heating; in cold regions, abrupt forced electrification without targeted support can increase bills. The bill preserves near‑term choice but may slow transitions designed to reduce long‑run exposure to fossil‑price volatility. [19]Harvard Joint Center for Housing Studies — Harvard JCHS blog summarizing EIA RE…[6]U.S. Energy Information Administration — EIA Winter Fuels Outlook excerpts (Mar…
  • Reliability equity: Winter events (e.g., Winter Storm Elliott) showed gas supply failures and freeze‑offs contributed materially to power‑plant outages and pipeline pressure issues. Policies that assume gas is always more reliable may underweight these systemic risks for customers during extreme cold. [20]Utility Dive — Utility Dive: FERC/NERC report—Record outages in Winter Storm El…
04 · Section

Environmental Effects

Directional impacts on emissions, local pollution, and low‑carbon fuels.

  • Emissions baseline: Direct fossil combustion in buildings accounts for ~13% of U.S. GHGs (31% including electricity use). Curtailing local electrification policies would preserve a material on‑site emissions source. [1]US EPA — Commercial and Residential Sector Emissions (2022 shares)
  • Methane leakage: Best‑available synthesis estimates U.S. oil‑and‑gas supply‑chain methane emissions near 2.3–2.4% of production—high enough that 20‑year warming from leakage can offset a significant share of CO2 benefits vs. other fuels. Expanded gas distribution and end‑use prolong these upstream emissions unless leak control improves. [3]NOAA CSL — NOAA summary of Alvarez et al. (Science 2018) methane study[21]NIST — NIST record: Improved characterization of methane emissions from the U.S…
  • Indoor pollutants: Increased NO2 exposure from gas/propane stoves has been quantified nationally, with disparate impacts by home size and demographics. Local codes aiming for all‑electric new construction target these harms; the bill would preempt such measures. [4]Science Advances (record) — Science Advances (2024): Nitrogen dioxide exposure…
  • Hydrogen blending: Evidence to date supports only low‑percentage blends in legacy gas networks without broad appliance retrofits (e.g., ~5% often cited as generally safe; higher shares require modifications and raise leakage/embrittlement concerns). Preempting local limits could encourage blending pilots, but climate benefits depend on hydrogen source and blend levels. [7]California Public Utilities Commission — CPUC: Study on injecting hydrogen into…[22]U.S. Department of Energy — DOE: HyBlend—Opportunities for hydrogen blending in…
  • RNG and alternative fuels: RNG can reduce emissions where additional methane capture is achieved (e.g., manure systems), but technical potential and costs vary; landfill‑based RNG delivers smaller incremental reductions and supply is limited relative to total gas demand. Local discretion to favor or restrict RNG pipelines would be narrowed. [23]McKinsey & Company — McKinsey: Renewable natural gas—costs, feedstocks, and aba…[24]US EPA — EPA LMOP: Landfill Gas Energy Benefits Calculator (2024 update)
05 · Section

Temporal Analysis

Short‑term vs. long‑term dynamics.

  • Short term (0–3 years): Nullifies or prevents many municipal all‑electric new‑build requirements and hookup restrictions; reduces regulatory uncertainty for builders using gas; preserves near‑term heating‑bill advantages where electric rates/outdoor temperatures make heat‑pump operating costs higher without rate reform. [5]RMI — RMI: The Economics of Electrifying Buildings—Residential New Construction…[6]U.S. Energy Information Administration — EIA Winter Fuels Outlook excerpts (Mar…
  • Medium term (3–10 years): Higher electricity demand growth from building electrification moderates if preempted; wholesale prices in some regions may ease relative to a counterfactual, but foregone efficiency/heat‑pump adoption slows emissions decline in buildings. Grid decarbonization continues from power‑sector policies regardless. [12]Reuters — Reuters: EIA sees higher U.S. wholesale power prices in 2025
  • Long term (10+ years): Risk of stranded or under‑utilized gas assets rises if other jurisdictions or federal rules later accelerate electrification; parallel networks can elevate fixed charges per customer. Conversely, if low‑carbon gases scale cost‑effectively and safely, the bill could facilitate their delivery—but current blending and RNG evidence suggests cautious expectations. [16]Web search · turn 10 #7[7]California Public Utilities Commission — CPUC: Study on injecting hydrogen into…[23]McKinsey & Company — McKinsey: Renewable natural gas—costs, feedstocks, and aba…
06 · Section

Unintended Consequences

  • Stranded‑asset and cost‑shift risk if gas throughput declines unevenly across regions while utilities must maintain legacy networks; remaining customers could face higher per‑customer costs. [14]California Public Utilities Commission — CPUC creates framework to avoid strand…[16]Web search · turn 10 #7
  • Public‑health opportunity costs where jurisdictions lose tools to reduce indoor combustion in new housing, especially affecting smaller dwellings and disadvantaged groups. [4]Science Advances (record) — Science Advances (2024): Nitrogen dioxide exposure…
  • System reliability assumptions: Events like Winter Storm Elliott revealed gas supply and weatherization vulnerabilities; over‑reliance on gas for resilience without addressing upstream constraints could exacerbate outage risks. [20]Utility Dive — Utility Dive: FERC/NERC report—Record outages in Winter Storm El…
  • Hydrogen safety/appliance limits: Encouraging hydrogen blending without coordinated standards can elevate leak/embrittlement risks beyond low blends and impose retrofit costs on consumers. [7]California Public Utilities Commission — CPUC: Study on injecting hydrogen into…
07 · Section

Assessment (Analytical, not advocacy)

On balance, expected impacts are mixed across objectives.

  • Economic: Near‑term bill stability for many gas‑heated households and some commercial users; potential loss of documented capital/operating savings from all‑electric new construction in many cities; long‑run stranded‑asset exposure for gas networks if decarbonization proceeds elsewhere. Net: ambiguous. [6]U.S. Energy Information Administration — EIA Winter Fuels Outlook excerpts (Mar…[5]RMI — RMI: The Economics of Electrifying Buildings—Residential New Construction…[16]Web search · turn 10 #7
  • Social: Preserves consumer fuel choice but sustains indoor‑air‑quality risks where ventilation and appliance standards are weak; distributional burdens higher in small/low‑income homes. Net: leaning unfavorable on health equity. [4]Science Advances (record) — Science Advances (2024): Nitrogen dioxide exposure…
  • Environmental: Slows building‑sector emission cuts and prolongs methane‑leakage‑linked climate impacts; low‑carbon gas pathways (RNG/H2) help in niches but have scaling, cost, and safety constraints today. Net: unfavorable for near‑ to medium‑term emissions. [1]US EPA — Commercial and Residential Sector Emissions (2022 shares)[3]NOAA CSL — NOAA summary of Alvarez et al. (Science 2018) methane study[7]California Public Utilities Commission — CPUC: Study on injecting hydrogen into…
  • Overall stance: Neutral. The bill increases regulatory uniformity and preserves short‑run affordability for some consumers but imposes meaningful trade‑offs on public health and emissions trajectories, with non‑trivial long‑run system‑cost risks.
08 · Section

Key Sources

Primary references used in this assessment:

  • Bill text and status: Congress.gov for H.R. 3699. [8]Congress.gov — Text of H.R. 3699 — Energy Choice Act (119th Congress)[10]Congress.gov — All Information on H.R. 3699 — status overview
  • EPCA/Preemption case: California Restaurant Association v. City of Berkeley (9th Cir.). [9]FindLaw — California Restaurant Association v. City of Berkeley (9th Cir.)
  • EPA GHG Inventory and Buildings emissions shares. [2]US EPA — Inventory of U.S. GHG Emissions and Sinks[1]US EPA — Commercial and Residential Sector Emissions (2022 shares)
  • Methane leakage synthesis (Alvarez et al., Science, 2018). [3]NOAA CSL — NOAA summary of Alvarez et al. (Science 2018) methane study[21]NIST — NIST record: Improved characterization of methane emissions from the U.S…
  • Indoor NO2 and demographic disparities from gas/propane stoves (Science Advances, 2024; Stanford release). [4]Science Advances (record) — Science Advances (2024): Nitrogen dioxide exposure…[18]Stanford University — Stanford Report: Gas stoves emit unsafe levels of nitroge…
  • Electricity prices/load outlook: APPA summary of EIA STEO; Reuters coverage. [11]American Public Power Association — APPA summary: EIA forecasts 2025 retail ele…[12]Reuters — Reuters: EIA sees higher U.S. wholesale power prices in 2025
  • Winter heating expenditures (EIA Winter Fuels Outlook). [6]U.S. Energy Information Administration — EIA Winter Fuels Outlook excerpts (Mar…
  • All‑electric new construction economics (RMI). [5]RMI — RMI: The Economics of Electrifying Buildings—Residential New Construction…[13]RMI — RMI: The New Economics of Electrifying Buildings (2020)
  • Hydrogen blending constraints (CPUC study; DOE/NREL HyBlend). [7]California Public Utilities Commission — CPUC: Study on injecting hydrogen into…[22]U.S. Department of Energy — DOE: HyBlend—Opportunities for hydrogen blending in…
  • Reliability findings from Winter Storm Elliott (FERC/NERC reporting summaries). [20]Utility Dive — Utility Dive: FERC/NERC report—Record outages in Winter Storm El…
Buildings direct share of U.S. GHGs (2022)
13% of total (31% incl. electricity)
U.S. households using natural gas for main heat (2020)
53% of households
Avg. residential electricity price (forecast, 2025)
16.8¢/kWh
Avg. winter household heating expenditure (natural gas vs electricity, 2024–25)
639$ gas vs $1,093 electricity
Methane leakage across U.S. oil–gas supply chain
2.3% of production (2015 baseline)
Annual average NO2 increase from gas/propane stoves
4ppb (U.S. average)
Sources cited
  1. [1] Commercial and Residential Sector Emissions (2022 shares) US EPA
  2. [2] Inventory of U.S. GHG Emissions and Sinks US EPA
  3. [3] NOAA summary of Alvarez et al. (Science 2018) methane study NOAA CSL
  4. [4] Science Advances (2024): Nitrogen dioxide exposure and disparities from gas/propane stoves (Kashtan et al.) Science Advances (record)
  5. [5] RMI: The Economics of Electrifying Buildings—Residential New Construction (2022) RMI
  6. [6] EIA Winter Fuels Outlook excerpts (March/April 2025) U.S. Energy Information Administration
  7. [7] CPUC: Study on injecting hydrogen into gas systems—key findings California Public Utilities Commission
  8. [8] Text of H.R. 3699 — Energy Choice Act (119th Congress) Congress.gov
  9. [9] California Restaurant Association v. City of Berkeley (9th Cir.) FindLaw
  10. [10] All Information on H.R. 3699 — status overview Congress.gov
  11. [11] APPA summary: EIA forecasts 2025 retail electricity prices American Public Power Association
  12. [12] Reuters: EIA sees higher U.S. wholesale power prices in 2025 Reuters
  13. [13] RMI: The New Economics of Electrifying Buildings (2020) RMI
  14. [14] CPUC creates framework to avoid stranded gas assets (Dec 2022) California Public Utilities Commission
  15. [15] CPUC Long‑Term Gas Planning R.24‑09‑012 (2024–25 proceeding) California Public Utilities Commission
  16. [16] Web search · turn 10 #7
  17. [17] Reuters: U.S. LNG exporters and households on gas use collision course Reuters
  18. [18] Stanford Report: Gas stoves emit unsafe levels of nitrogen dioxide (study summary) Stanford University
  19. [19] Harvard JCHS blog summarizing EIA RECS 2020—space‑heating fuels Harvard Joint Center for Housing Studies
  20. [20] Utility Dive: FERC/NERC report—Record outages in Winter Storm Elliott; gas supply issues central Utility Dive
  21. [21] NIST record: Improved characterization of methane emissions from the U.S. oil and gas supply chain (Science, 2018) NIST
  22. [22] DOE: HyBlend—Opportunities for hydrogen blending in gas pipelines U.S. Department of Energy
  23. [23] McKinsey: Renewable natural gas—costs, feedstocks, and abatement McKinsey & Company
  24. [24] EPA LMOP: Landfill Gas Energy Benefits Calculator (2024 update) US EPA

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