SECOND READING AND ADOPTION
1 ORDINANCE NO. XXXX
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
CHAPTERS 15.26 AND 15.62 OF THE CHULA VISTA
MUNICIPAL CODE TO MODIFY ENERGY BENCHMARKING
AND CONSERVATION REQUIREMENTS FOR MULTIFAMILY
AND COMMERCIAL BUILDINGS
WHEREAS, City Council directed staff to convene a Climate Change Working Group (CCWG) to develop recommendations to reduce the community’s greenhouse gas emissions; and
WHEREAS, the CCWG recommended twelve climate protection measures, including requiring energy-savings retrofits in existing buildings at a specific point in time, which were included in the 2017 Climate Action Plan; and
WHEREAS, as a component of the 2017 Climate Action Plan, staff proposed developing a residential and commercial energy conservation ordinance for City Council consideration; and
WHEREAS, on September 26, 2017, City Council adopted the 2017 Climate Action Plan and directed staff to implement the measures based on funding levels; and WHEREAS, through its 2017 Climate Action Plan, the City committed to reducing greenhouse gas emissions to 15% below 2005 levels by 2020 and 55% below 2005 levels by 2030; and
WHEREAS, the City’s Climate Action Plan includes a greenhouse gas emission reduction strategy to encourage building owners to adopt electric appliances to meet increased energy efficiency requirements as electric appliances have a greater ability to increase the energy efficiency rating of a building; and WHEREAS, in March 2022 the City adopted a Climate Emergency Resolution affirming its commitment to GHG reduction targets of 57% below 2018 levels by 2030 that best reflect the most recent climate science findings and Chula Vista's "Fair Share" based on the UN human development index; and
WHEREAS, through its 2020 Greenhouse Gas (GHG) Inventory, approved in June 2022, the City’s 2020 emissions were 17% below 2005 levels; and WHEREAS, the Environmental Element of the General Plan, adopted December 13, 2005, specifies policies to improve the efficiency of building operations, including providing pertinent information about the benefits of energy conservation and available energy conservation incentive programs to all segments of the community and encouraging the construction and operation of green buildings; and
WHEREAS, the State of California passed Assembly Bill 802 in 2015, codified in California Public Resources Code section 25402.10, establishing annual energy benchmarking requirements for certain buildings larger than 50,000 sq ft and creating a path for building owners to access whole building data from utilities under certain conditions;
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2 and
WHEREAS California Code of Regulations Title 20, Division 2, Chapter 4, Article 9 implements procedures for compliance with Public Resources Code section 25402.10; and WHEREAS California Code of Regulations Title 20 Division 2, Chapter 4, Article 9, Section 1684(b) authorizes local jurisdictions to request the executive director of the California Energy Commission to approve a request to approve a local benchmarking program that meets the State program requirements; and
WHEREAS, California Code of Regulations Title 20 Division 2, Chapter 4, Article 9, Section 1684 established an exemption for properties that benchmark under local benchmarking programs meeting the requirements of Section 1683(c); and WHEREAS, the benchmarking requirements meet the requirements of California Code of Regulations Title 20, Division 2, Chapter 4, Article 9, Section 1683(c); and WHEREAS, on March 2, 2021, Council approved an ordinance amending Chapter
15.26 of the Municipal Code and adding Section 15.26.050 requiring multifamily and nonresidential buildings of at least 20,000 square feet to annually benchmark energy use, disclose energy performance information and periodically undertake audits or energy upgrades; and
WHEREAS, the City began implementing the benchmarking requirements in 2022; and
WHEREAS, staff is presenting to Council amendments to the adopted policy to move it from the CVMC Chapter 15.26, Buildings and Construction, Energy Code to CVMC Chapter
15.62, Buildings and Construction, Energy Benchmarking and Conservation, and to amend the ordinance to improve alignment with State requirements, improve the effectiveness of the policy and simplify the process to make It easier for building owners to file and comply; and
WHEREAS, this Ordinance is intended to preserve and enhance the environment of the City of Chula Vista and is not subject to the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines, because there is no possibility that the ordinance may have a significant negative impact on the environment. The proposed ordinance is exempt from the requirements of CEQA pursuant to Section 15308 of the CEQA Guidelines, which exempts actions taken by regulatory agencies for the enhancement and protection of the environment; and
WHEREAS, the proposed amendments are necessary to implement policies in the General Plan, including the following: Environmental Element, Objective E-7.1, to promote development of regulations and building design standards that maximize energy efficiency through appropriate site and building design and through the use of energy-efficient materials, equipment, and appliances; and Environment Element, Objective E-7.2, to encourage and support the local research, development, generation, and use of non-fossil, fuel-based renewable sources of energy, including wind and solar resources, that meet local energy needs in an environmentally sensitive manner and reduce dependence on imported
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3 energy; and
NOW, THEREFORE, BE IT ORDAINED that the City Council of the City of Chula Vista does find that, pursuant to the recitals above, the proposed ordinance is substantially similar to the building performance requirements adopted on March 2, 2021 and currently in effect, and is necessary to align with the General Plan approved on July 13, 2021, and is necessary to implement actions in the adopted Climate Action Plan, which permit mixed-fuel residential construction consistent with federal law while also encouraging all-electric construction.
BE IT FURTHER ORDAINED that by the City Council of the City of Chula Vista does ordain as follows:
Section I.
Chapters 15.26 of the Chula Vista Municipal Code is hereby amended by moving Section
15.26.050, Mandatory, Mandatory Benchmarking and Conservation Requirements for Commercial Buildings, to a new Chapter, 15.62, Energy Benchmarking and Conservation, and amending it to read addition of the sections 15.26.050 as follows:
15.6226.0150 Mandatory Benchmarking and Conservation Requirements for Multifamily and Commercial Buildings
A. Purpose and Intent. It is the purpose and intent of this section to promote ongoing energy conservation in buildings in order to reduce GHG emissions resulting from energy consumption.
B. Applicability. This section applies to Properties within the City of Chula Vista with a Gross Floor Area of at least 20,000 square feet, andfeet and having either (i) no residential utility accounts, or (ii) five or more active utility accounts of one utility type, at least one of which is residential. An overview of the applicability of select ordinance requirements appears in Table 15.26.050(B) below.
Section
Nonresidential
Properties
Multifamily Properties
Benchmarking Requirements Section 15.26.050 (D)
Applies
Applies
Direct Disclosure and Public Disclosure Requirements Section 15.26.050 (E) Applies
Applies
Conservation Requirements Section 15.26.050 (F) (1-4, 7, 8) Applies
Applies to Properties with Significant Common Load
EXEMPTIONS: Properties owned by any of the following are exempt from Section
15.6225.0150:
(a) the County of San Diego;
(b) the State of California;
(c) the United States of America;
(d) the Metropolitan Transit Service; or
(e) the Chula Vista and Sweetwater School Districts.
C. Definitions. For purposes of this Section, the following terms shall have the following meanings:
“Audit Template” means the U.S. Department of Energy’s (DOE) online application for entering, validating and submitting data generated by an American Society of Heating Refrigerating and Air-Conditioning Engineers ("ASHRAE") 211 audit, as applicable, and Formatted: Font: Bold
Formatted: Font: Bold
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4 Retro-Commissioning, located at https://buildingenergyscore.energy.gov/ or other template approved by the Conservation Section.
"Base Building Systems" means the systems and subsystems of a building that use or distribute Energy or water or impact the Energy or water consumption, including the building envelope; the heating, ventilating and air conditioning (HVAC) systems; air conveying systems; electrical and lighting systems; domestic hot water systems; water distribution systems; plumbing fixtures and other water-using equipment; and landscape irrigation systems and water features. Base Building Systems shall not include:
1. Systems or subsystems owned by a tenant or for which a tenant bears full maintenance responsibility, that are within the tenant's leased space and exclusively serve such leased space, and for which the tenant pays all the Energy and water bills according to usage and demand as measured by a meter or sub- meter;
2. Systems or subsystems owned by a residential unit oOwner that exclusively serve the residential unit of that oOwner;
3. Systems or subsystems that operate industrial applications such as manufacturing. "Baseline Year" means either: a) for a Covered Property constructed and in operation for a full year prior to 2025, any year between 2022 and 2025; or, b) for all other Covered Properties, the first full year of building operation.'s first year submitting aof a submitted “Benchmark” means to complete and electronically submit the Chula Vista Benchmarking Report via ENERGY STAR® Portfolio Manager.
“Benchmarking Report” means Tthe report generated by ENERGY STAR Portfolio Manager when a completed Chula Vista Benchmarking Report is submitted to the City, including both the information required to be input into ENERGY STAR Portfolio Manager and the information generated by ENERGY STAR Portfolio Manager. “California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements” means the regulations specified in CCR Title 20, Division 2, Chapter 4, Article 9, as amended from time to time.
“Centralized Mechanical Equipment” means centralized building systems or devices, that are fixed in a location for uses associated with structures, and relating to water use, drainage, heating, ventilating, air conditioning, and similar purposes. “Conditioned Floor Area” means the floor area (in square feet) of enclosed conditioned space on all floors of a building, as measured at the floor level of the exterior surfaces of exterior walls enclosing the conditioned space.
“Conservation Section” means the City of Chula Vista’s Office of Sustainability Division, Conservation Section.
“Covered Property” means a Property with a Gross Floor Area of 20,000 square feet or more that meets the applicability requirements of this section.within the City of Chula Vista having either (i) no residential utility accounts, or (ii) five or more active utility accounts of
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5 one utility type, at least one of which is residential. "Energy" means electricity, natural gas, steam, heating oil, or other products sold by a utility to a customer of a building, or renewable on-site electricity generation, for purposes of providing heat, cooling, lighting, water heating, or for powering or fueling other end-uses in the building and related facilities.
“Energy Audit” means systematic evaluation to identify potential modifications and improvements to a building's equipment and systems which utilize energy in order to optimize a building’s overall energy performance.
“Energy Professional” means a third-party individual who has one of the following licenses, credentials, or certifications, and is in good standing with the authorizing organization: (1) Professional Engineer (PE) issued within the United States, (2) Registered Architect (RA) issued within the United States, (3) Certified Energy Manager (CEM from AEE), (4) Building Energy Assessment Professional (BEAP from ASHRAE), (5) Energy Management Professional (EMP from EMA), or any other additional data verifier license or training program credentials recognized by the Conservation Section.
“EUI" or “Energy Use Intensity" means the Energy consumed per square foot of a building per year, as calculated by ENERGY STAR® Portfolio Manager® by dividing the total Energy consumed by the building in one (1) year (measured in kBtu or GJ) by the total Gross Floor Area of the building.
“ENERGY STAR Portfolio Manager” means the U.S. Environmental Protection Agency’s (EPA) online application for measuring, tracking, and managing a building's Energy, water and greenhouse gas emission data and benchmarking it’s performance, located at https://www.energystar.gov/,. or any alternative system or tool approved by the Conservation Section or authorized under the California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements. "ENERGY STAR Score" means a number ranging from 1 to 100 assigned by the EPA's ENERGY STAR Portfolio Manager as a measurement of a building's Energy efficiency, normalized for a building's characteristics, operations, and weather, according to methods established by US EPA's ENERGY STAR® Portfolio Manager. “Financial Distress” means a Property that:
1. Had arrears of property taxes or water or wastewater charges that resulted in the Property's inclusion, within the prior two (2) years, on the City's annual tax lien sale list; or
2. Has a court appointed receiver in control of the asset due to financial distress; or
3. Is owned by a financial institution through default by the borrower; or
4. Has been acquired by a deed in lieu of foreclosure; or
5. Has a senior mortgage subject to a notice of default. “Gross Floor Area” or “GFA" means the total number of square feet measured between
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6 the principal exterior surfaces of enclosing fixed walls. This includes all fully enclosed space within areas inside the outside surfaces of the exterior walls of the building(s) including lobbies, tenant areas (occupied and unoccupied), common areas, meeting rooms, offices, break rooms, atriums (count the base level only), restrooms, elevator shafts, stairwells, mechanical equipment areas, basements, storage rooms, mechanical space such as boiler rooms, elevator shaft, hallways, stairwells, and connecting corridors between buildings. This does not include exterior spaces, balconies, patios, exterior loading docks, driveways, covered walkways, outdoor play courts (tennis, basketball, etc.), parking, open-air stairwells, breezeways, interstitial plenum space between floors (which house pipes and ventilation), or crawl spaces.
“High Performance Building” means aA Property that submitted a Benchmarking Report for its most recent benchmarking compliance deadline and either (i) achieved a Verified ENERGY STAR Score of 80 or greater or (ii) has been achieved ENERGY STAR (iii) achieved LEED® Existing Building Certification for three (3) of five (5) preceding years.
“LEED Existing Building Certification” means a Property that has been certified under the US Green Building Council LEED V4 or greater Building Operations and Maintenance (O+M) program.
“Industrial Occupancy” means any building or portion thereof classified under occupancy groups F-1 and F-2 (“Factory and Industrial”) or H-1, H-2, H-3, H-4, and H-5 (“High Hazard”) under California Code of Regulations Title 24 Section 302 (2016) as amended.
“Mechanical Equipment” means centralized building systems or devices, that are fixed in a location for uses associated with structures, and relating to water use, drainage, heating, ventilating, air conditioning, and similar purposes. “Nonresidential Property” means a Property other than a Multifamily Property or part thereof rused for purposes other than human habitation. “Owner” means aAn individual, individuals, or entity possessing title to a Property, the board of directors, or managing partners in the case of a cooperative apartment corporation, association, or partnership, or a master tenant in a triple net lease arrangement, or the authorized representative thereof.
“Previous Baseline Year” means a Covered Property's first year submitting a Benchmarking Report pursuant to this section or CA Assembly Bill 802 if applicably, or, occupancy, other than a condominium project as described in section 4125 or 6542 of California Civil Code, that received energy from a utility during any period. Two or more Properties on the same parcel, campus, or site that are served by one common energy meter without submetering, such that their energy use cannot be tracked individually, be considered one Property.means any of the following:
1. A single building;
“Significant Common Load” means a multifamily residential with Master Metering,
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7 Mechanical Equipment or where the total non-rentable portion of the Gross Floor Area property consumes on-site, regardless of the source, as calculated by ENERGY STAR® Portfolio Manager®. It includes energy purchased from the grid or in bulk (which are the amounts on utility bills), as well as renewable energy generated and consumed on-site such as from solar and wind (excess renewable energy generated on-site and sold to the utility is excluded from site energy use).
“Site EUI” or “Site (Energy Use Intensity)” means the Site Energy Use divided by the Property's Gross Floor Area as calculated by ENERGY STAR Portfolio Manager.. “Site EUI-WN" or “Site Weather-normalized Site Energy Use Intensity" means the weather-normalized Site EUI.
“Source Energy Use” means the total amount of energy from raw fuel, measured in kBtu per year, that is required to operate a property, as calculated by ENERGY STAR Portfolio Manager. In addition to what the property consumes on-site, Source Energy Use includes losses that take place during generation, transmission, and distribution of the energy.
“Source EUI” or “Source (Energy Use Intensity)” means the Source Energy Use divided by the Pproperty's Gross Floor Area as calculated by ENERGY STAR® Portfolio Manager®. “Source EUI-WN" or “Weather-normalized Source Energy Use Intensity" means the weather-normalized Source EUI.
“Verified Benchmarking Report” means an Energy Report based on data that has been verified by an Energy Professional.“Source Energy Use” means the total amount of raw fuel that is required to operate a property, as calculated by ENERGY STAR® Portfolio Manager®. In addition to what the property consumes on-site, Source Energy Use includes losses that take place during generation, transmission, and distribution of the energy.
"Verified ENERGY STAR Score" or “Verified ENERGY STAR Report” means an ENERGY STAR Score or ENERGY STAR Report based on data that has been verified by an Energy ProfessionalProfessional Engineer (PE) or Registered Architect (RE).
D. Benchmarking Requirements. Owner shall Benchmark in accordance with the following on or before the compliance deadlines specified in Section
15.2662.0150(G)(1):
(1) Establish an ENERGY STAR Portfolio Manager account (if Owner has not already done so), add Covered Properties, completeing all required fields (if Owner has not already done so), and maintain current all required fields. (2) Annually collect data , according to the schedule set forth in Section
15.25.050(F)(1)(a) related to the property's total energy usage for the entire prior calendar year in accordance to the latest guidance under the California Building Energy Use Data Access, Benchmarking, and Public Disclosure RequirementsBuilding Formatted: Heading 2 Char, Font: Not Italic
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8 Energy Use Data Access, Benchmarking, and Public Disclosure Regulations, California (3) Annually submit an energy Bbenchmarking Report to the Conservation Section report according to the schedule set forth in Section 15.25.050(F)(1)(a). The energy Bbenchmarking Rreport shall be submitted in a manner prescribed by the Conservation Sectiongenerated using ENERGY STAR Portfolio. by responding to the Conservation Section’s designated Data Request for the appropriate compliance year.
(4) Benchmarking Reports shall at minimum include the following:
a. Descriptive Information. Basic descriptive information to track and report a property’s compliance with this Chapter, including, but not limited to, the property address(es), Gross Floor Area, property floor areas (building and parking), property name (if any), property type, year(s) built, open “comments” filed for additional information about the property, ENERGY STAR Portfolio Manager property ID, percentage of space occupied (occupancy), number of occupants, number of buildings (if served by one common energy meter without submetering), and the individual or entity responsible for the Benchmarking Report; and
b. Energy Information. Information necessary to Benchmark Energy usage shall be determined by the Conservation Section and shall include, at a minimum, the following information and derivatives thereof:
i. The ENERGY STAR Portfolio Manager ENERGY STAR Score for the property, and ENERGY STAR certification status, where available; and ii. The Weather-normalized Site Energy Use Intensity and Weather-normalized Source Energy Use Intensity weather-normalized Site and Source Energy Use (kBTU) and Energy Intensity (EUI) per unit area per year (kBTU per square foot per year) for the property; and
iii. The Site Energy Use Intensity and Source Energy Use Intensity Site and Source Energy Use (kBTU), and Energy Use Intensity (EUI) per unit area per year (kBTU per square foot per year) for the property; and vi. The annual carbon dioxide equivalent emissions due to Energy use for the Property as estimated by ENERGY STAR Portfolio Manager; and vii. Monthly and/or annual peak electricity demand; and viii. Total greenhouse gas emissions; and
ivv. Monthly and annual Site Eenergy Uuse by energy type and share of energy use supplied by on and off-site renewables.
(5) Starting in 20263, Owners may be assessed an annual Benchmarking Filing Fee to recover the costs of implementation, enforcement, administration and infrastructure for this Section. The City Manager may adjust the Benchmarking Filing Fee annually.
Formatted: Heading 3 Char, Not Expanded by /
Condensed by
Formatted: Heading 3 Char
SECOND READING AND ADOPTION
9 (66) Owners shall run the Data Quality Checker available within ENERGY STAR Manager and shall correct all missing or incorrect information as identified by ENERGY STAR Portfolio Manager prior to submitting the Benchmarking Report to the City.
(7) Data Verification. Property Owners shall self-certify and provide third-party data verification for the Baseline Year and during designated compliance years to verify and ensure that the Benchmarking Report components are complete and accurate. Self- certifications and third-party data verifications shall be submitted through ENERGY STAR Portfolio Manager tool.
a. Building Owners shall self-certify their reporting data every year. b. Baseline Year data and data used to demonstrate compliance with the Conservation Requirements shall be verified by a qualified third-party qualified Energy Professional.
(87) Exemptions and Extensions forom Benchmarking Requirements. a. The Owner may receive an exemption from filing a Benchmarking Report and remitting the Benchmarking Filing Fee for a reporting year, subject to Conservation Section approval, by submitting evidence in accordance with guidelines set forth by the Conservation Section that any of the following conditions apply:
i. The entire Property did not have a Certificate of Occupancy or Temporary Certificate of Occupancy for at leastmore than half of the calendar year for which reporting is required to be Benchmarked;;
ii. The building is scheduled to be demolished one year or less from the reporting date;date;
iii. Mobile home parks with less thant 50,000 gross square feet of building space and less than 17 separate residential accounts of each energy type. ii. The entire Property was not occupied, due to renovation, for at least half of the year to be Benchmarked; or
(1) Direct Disclosure of Benchmarking Report. Owners shall provide a web link or hard copy to their most recent Benchmarking Report to:
a. Existing tenants and current owners with an interest of 5% or more, within 90 days of annual Benchmarking compliance deadline.
b. Prospective buyers prior to close of sale and prospective tenants prior to lease signing or lease renewal.
(2) Direct Disclosure of Audit and Retro-Commissioning Reports. Owners shall provide Energy Audit and Retro-Ccommissioning Reports produced for compliance with Section Sections 15.62.010(F)(3) and 15.26.05015.62.010(F)(4), asif applicable, to all existing residential and non-residential tenants and current owners with an interest of 5% or more within 90 days of the Conservation Requirements compliance deadline
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10 and to prospective buyers prior to close of sale and prospective tenants prior to lease signing. Owners shall confer with any nonresidentialnon-residential tenants that pay utility costs, identifying energy efficiency investment opportunities and assessing the potential for mutually beneficial co-investment arrangements in accordance with procedures established by Conservation Section within 180 days of the Conservation Requirements compliance deadline.
(3) Disclosure of Conservation Requirements to Prospective Buyers. In addition to any disclosure requirement required by law, any Agreement of Sale for real property in the City shall include the following disclosure:
“Buyer is aware that the City of Chula Vista has adopted requirements for building energy benchmarking and performance of different types of buildings.
The requirements can be found in Chula Vista Municipal Code Chapter 15.62. For more information on which types of buildings are required to comply with energy benchmarking and performance standards, Buyer is advised to contact the City of Chula Vista Conservation Section.”
For purposes of this section, agreement of sale shall mean any agreement or written instrument which provides that title to any property shall thereafter be transferred from one owner to another owner.
(43) Public Disclosure. The City will make data public. a. The Conservation Section shall make the following information available to the public on the internet, as reported by Owners, and update the information at least annually:
i. Summary statistics on overall compliance with this Section; and ii. Summary statistics on overall energy consumption of Covered Properties subject to this Section derived from annual benchmarking reports; and iii. For each building subject to this Section:
1iv. Address and property use type(s); and
2v. Annual summary statistics derived from the submitted benchmarking report, including all information required under Section
15.26.05015.62.010(D)(4) and the California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements.. b. Exemption. For a Covered Property with fewer than three active utility accounts of any energy type serving the property, one of which belongs to the Owner, where the other utility customer, if applicable, has consented to the provision of data to facilitate public disclosure, energy data, including the ENERGY STAR Score will not be made public if the Conservation Section grants the Owner’s request for determination that disclosure of the Property Owner's energy use data would result in the release of proprietary information that can be characterized as a trade secretProperties with more than half of Gross Floor Area used for Industrial
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11 Occupancy are exempt from the Public Disclosure requirements (Section c. The Conservation Section shall transmit to the California Energy Commission all information that is publicly disclosed for a calendar year by August 1 of the following year.
F. Conservation Requirements. Covered Properties must meet either the Performance Target Compliance Requirements (Section 15.62.010(F)(1)), or,or the Provisional Compliance Requirements (Section 15.62.010(F)(2). Conservation Requirements apply according to the compliance deadlines specified in Section
15.26.05015.62.010(G). Properties meeting the requirements for a High Performanceing Building (Section 15.26.05015.62.010(C)) are exempt from all requirements in Section 15.26.05015.62.010(F) for 10 years. (1) Multifamily properties are subject to the Multifamily Prescriptive Measure using Verified ENERGY STAR Reports, that:
a. Property has decreased its Site EUI-WN from the Baseline Year by at least the Improvement Target corresponding to the Baseline Year ENERGY STAR Score in Table 15.26.05015.62.010(F)(13)(a) below from Baseline Year; b. Or, if Property was not eligible for an ENERGY STAR Score in the Baseline Year, Property has reduced its Site EUI-WN from the Baseline Year by at least the Improvement Target corresponding to the Baseline Year Site EUI-WN in Table 15.62.010(F)(1).
Table 15.26.05015.62.010(F)(13)(a)
Tier Baseline Year
ENERGY STAR
Score
Baseline Year
Site EUI-WN
(kBTUtu / sf /
year)
Improvement Target Site
EUI-WN Reduction
(kBtuTU / sf / year)
1 0-45 80+ 30%
2 46-65 51-79 20%
3 66-79 19-50 10%
4 80+ 0-18 None
Example: A Property in Tier 2 has a Verified Site EUI-WN of 60 and a corresponding Improvement Target of a 20% reduction in Site EUI-WN. Thus, it must reduce its Site EUI-WN by 12 kBtu/sf/yr (20% of 60), to achieve a Site-EUI- WN of 48.
b. Or if Property was not eligible for an ENERY STAR Score in the baseline year, Property has reduced its weather-normalized Site EUI by at least the Improvement Target in Table 15.26.050(F)(3)(b) below from Baseline Year.
SECOND READING AND ADOPTION
12 c. Tables 15.26.05015.62.010(F)(1)3)(a) and 15.26.050(F)(3)(b) shall be Section subject to City Council approval.
(24) Provisional Compliance Requirements. Covered Properties must meet the requirements of Sections 15.62.010(F)(2)(a) and 15.62.010(F)(2)(b) below. a. Interim Performance Targets. File Verified ENERGY STAR Reports demonstrating that the property has decreased its Site EUI-WN by at least 50% of the Improvement Target in Table 15.62.010(F)(1) from Baseline Year by the interim target filing deadline and by at least 100% by the final target filing. Interim and final target compliance filing deadlines are specified in Table 15.62.010(G).
Exception to Interim Performance Targets: Properties with a Baseline Year Verified ENERGY STAR Score of 66 or higher, or properties ineligible for an ENERGY STAR Score with a Baseline Year Site EUI-WN of 50 or less. b. Retro-Commissioning, Audits and Conservation Measures. Multifamily Properties shall comply with either Section 15.62.010(F)(2)(b)(i) or (ii) below.
All other Properties shall comply with Section 15.62.010(F)(2)(b)(i) below. i. Retro-Commissioning. Audit Requirement. Every five (5) years an Energy Audit and Retro-Commissioning shall be performed in accordance with the following specifications.
Exception to 15.62.010(F)(2)(b)(i): In lieu of Retro-Commissioning, an Energy Audit shall be performed, and an Audit Report shall be submitted no later than the compliance filing deadline specified in Table
15.62.010(G), and in accordance with the specifications herein if the property meets, and the Conservation Section concurs that the property meets, any of the following criteria:
1. Has less than 50,000 square feet of Conditioned Floor Area;
2. Has no existing Centralized Mechanical Equipment;
3. Does not have digital controls in place that are reparable or in good working order in the opinion of an Energy Professional;
4. Has experienced major changes in operations during prior six months or plans to make major changes in the following year.
ii. Energy Conservation Measures. File documentation no later than the compliance filing deadline specified in Table 15.62.010(G) demonstrating that the required conservation measures specified in Section
15.62.010(F)(7) have been installed in all dwelling units.
Exception to Section 15.62.010(F)(2)(b): Multifamily Properties of Year Built after 2005.
Exemption: Owners are not required to complete retrofit measures identified or
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13 recommended in the most recent audit report for meeting the Minimum conducted in conformance with the current ASHRAE Standard 211 “Commercial Building Energy Audits”, as applicable, atapplicable, at the time the Energy Audit is Energy Audits shall be signed and performed directly by, or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and who possesses one or more of the certifications specified in Table
15.62.010(F)(5)or5) or other qualifying certifications as specified by the Conservation Section.
(4) ii. Retro-Commissioning Specifications. Retro-Ccommissioning requirements shall be performed in accordance with industry standard practices, including current ASHRAE Guideline 0.2 “Commissioning Process for Existing Systems and Assemblies” at the time the Retro-Commissioning is initiated.
Retro-Commissioning shall be performed directly by, or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and possesses one or more of the certifications specified in Table
15.62.010(F)(5) or other qualifying certifications as specified by the Conservation Section.
1. Applicability. Retro-commissioning requirements shall apply to properties that meet all of the following:
a. Heating, ventilation, air conditioning (HVAC) systems and controls; and b. Indoor lighting systems and controls; and
c. Water heating systems; and
d. Renewable energy systems.
iii. Audit Professional Qualifications. Audits shall be signed and performed directly by or under the direct supervision of, an individual whose job duties do not regularly occur at the Property and who has two or more years of auditing experience and possesses one or more of the certifications specified in Table 15.26.050(F)(4)(v) or other qualifying certifications as specified by the Conservation Section.
Table 15.26.05015.62.010 (F)(54)(v) Qualifying Professional Certifications Professional
Type
Qualifying Certification
Energy Audit or
Retro-
Commissioning
Professional
(any listed)
1. An accredited certification that has been designated a "Better Buildings Recognized Program" by the DOE meeting the criteria set forth in the Better Buildings Workforce Guidelines (BBWG) for Building Energy Auditors or Energy Managers
2. A Professional Engineer (PE) registered in the State of California
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14 Professional
Type
Qualifying Certification
Energy Audit
Professional
(any listed)
1. Certified Energy Auditor (CEA) or Certified Energy Manager (CEM), issued by the Association of Energy Engineers (AEE)
2. Certified Facilities Manager (CFM), issued by the International Facility Management Association (IFMA)
3. System Maintenance Administrator (SMA) or System
Maintenance Technician (SMT), issued by Building Owners and Managers Institute (BOMI) International
4. High Performance Building Design Professional (HBPD) or Building Energy Assessment Professional (BEAP),) ,), issued by the American Society of Heating, Refrigerating, and Air-Conditioning Engineers (ASHRAE)
5. For Audits of multifamily residential properties only, a Multifamily Building Analyst (MFBA), issued by the Building Performance Institute (BPI)
6. A Professional Engineer (PE) registered in the State of California.
Retro-
Commissioning
Professional
(any listed)
1. Certified Commissioning Professional (CCP), issued by the Building Commissioning Association (BCA)
2. Certified Commissioning Authority (CxA) or Certified Commissioning Technician (CxT), issued by the AABC
Commissioning Group (ACG)
3. Certified Building Commissioning Professional (CBCP) or Existing Building Commissioning Professional (EBCP), issued by the Association of Energy Engineers (AEE)
4. Retro-Ccommissioning Certified Professional (Rx CP) certified by the National Environmental Balancing Bureau (NEBB)
5. Building Commissioning Process Management Professional (BCxPMP), issued by American Society of Heating, Refrigerating, and Air- Conditioning Engineers (ASHRAE)
6. Accredited Commissioning Process Authority Professional (ACxPAP) approved by the University of Wisconsin
7. Energy Management Professional (EMP), issued by Energy Management Association.
8. A Professional Engineer (PE) registered in the State of California.
SECOND READING AND ADOPTION
15 (vi.6) Energy Audit and Retro-Commissioning Report Specifications. A report reports) of the Energy Audit orand Retro-Commissioning (where as applicable), and signed by a qualified Energy Audit pProfessional or and qualified Retro- Commissioning pProfessional, shall be submitted electronically to the Conservation Section via the Conservation Section’s designated Audit Report Template, or via other means as specified by the Conservation Section.
Completed Reports shall include all items designated as required, including but not limited to the following:
a1. The date(s) that the Energy Audit and Retro-Commissioning (asif applicable) were performed; and
b2. Identifying information on the auditor provider (and or Retro- Commissioning provider if applicable); and
c3. Information on the Bbase bBuilding sSystems and equipment; and d4. A list of retrofit measures available to the Owner that can reduce energy use, and/or cost of operating the Property including:
ia. costs of each measure; and
iib. an estimate of the energy and operating cost savings associated with each measure; and
iiic. simple payback of each measure.; and
d. identification of at least 2 contractors able to perform measure. f6. Identification or recommendation of measures needed to meet applicable Performance Targets or Interim Performance Target; and
7. Identification or recommendation of measures needed to meet Minimum Improvement, if applicable.
h9. If applicable, a list of all the Retro-Commissioning process activities undertaken and Rretro- Ccommissioning measures completed; and i10.A list of all retrofit measures taken (if applicable); and j11. Functional performance testing reports (if applicable); and k12. Operational training conducted (if applicable); and l13.Attestation that an ASHRAE Llevel 2 Energy Audit orand (if applicable) ASHRAE 0.2 Retro-Commissioning process (as applicable) were conducted. (5) Minimum Improvement. Every ten (10) years properties must demonstrate that:
b. Or, if Property was not eligible for an ENERY STAR Score in the Previous Baseline Year, Property has decreased its Site EIU-WN by at least the Mandatory Minimum Improvement in Table 15.26.050(F)(5)(b) below from the Previous Baseline Year.
SECOND READING AND ADOPTION
16 c. Tables 15.26.05015.62.010(F)(5) (a) and 15.26.050(F)(5)(b) shall be updated subject to City Council approval.
d. Exemption: Owners are not required to complete retrofit measures identified or recommended in the most recent audit report for meeting the Minimum Improvement (per Section 15.26.050(F)(4)(a)(vi)(7)) if those measures have a simple payback greater than 13 years, or have a payback period that exceeds the expected useful life of the retrofit measure. If all measures identified per Section
15.26.050(F)(4)(a)(vi)(7) having a simple payback of 13 years or less, and having an expected useful life that is longer than the payback period, are completed, the Mandatory Minimum Improvement percentage in Table 15.26.050(F)(5)(a) or Table
15.26.050(F)(5)(b), as applicable, is waived.
(76) Multifamily Prescriptive Measures. To satisfy the Energy Conservation Requirements in Section 15.62.010(F)(2)(b)(ii), MMultifamilyy Residential Properties of a Year Built prior to 2006 constructed prior to 2006 must perform the minimum number of measures required in Table 15.25.050(F)(76)(a) within all tenant spaces where utility costs are borne by tenants dwelling units. Owners may choose any applicable measures from Table 15.25.050(F)(76)(b). Measures already in place shall count towardtowards satisfying the minimum number of measures. Where a measure is not applicable it shall count toward satisfying the minimum number of measures.
Table 15.26.05015.62.010(F)(76)(a)
Year Built Climate Zone 7 Climate Zone 10
Pre-1978 Choose four (4) Measures
Choose fourive (54) Measures 1978-1991 Choose three (3) Measures 1992-2005 Choose two (2) Measures
Table 15.26.05015.62.010(F)(76)(b)
Measure
Name
Description
R-38 Attic
Insulation
Install attic insulation to achieve a weighted assembly U-factor of
0.025 or less, or insulation installed at the ceiling level shall havewith a thermal resistance of R-38 or greater for the insulation alone. Recessed downlight luminaires in the ceiling shall be covered with insulation to the same depth as the rest of the ceiling.
Luminaires not rated for insulation contact must be replaced or fitted with a fire-proof cover that allows for insulation to be installed directly over the coverAdd attic insulation in buildings with Formatted: Font: Bold
SECOND READING AND ADOPTION
17 vented attic spaces to meet R-38.
Air Sealing Air Sealing: Seal all accessible cracks, holes, and gaps in the building envelope at walls, floors, and ceilings. Pay special attention to penetrations including plumbing, electrical, and mechanical vents, recessed can light luminaires, and windows. Weather-strip doors if not already present. Compliance shall be demonstrated with blower door testing conducted by a certified ECC Rater no more than three years prior to the permit application date that either: a) shows at least a 30 percent reduction from pre-retrofit conditions; or b) shows that the number of air changes per hour at 50 Pascals pressure difference (ACH50) does not exceed seventen for Pre- 1978 vintage buildings, seven for 1978 to 1991 vintage buildings and five for 1992-2010 vintage buildings. If combustion appliances are located within the pressure boundary of the building, conduct a combustion safety test by a certified ECC Rater or a professional certified by the Building Performance Institute, in accordance with the BPI Technical Standards for the Building Analyst
Professional.Apply air sealing practices throughout all accessible areas of the unit. All joints, penetrations and other openings in the building envelope that are potential sources of air leakage shall be caulked, gasketed, weather stripped, or otherwise sealed to limit infiltration and exfiltration. Buildings constructed before 1992 should be sealed to 7 Air Changes per Hour (ACH), and buildings constructed from 1992-2005 should be sealed to 5 ACH, at 50 Pascals pressure difference.
Cool Roof For steep- sloped roofs, install a roofing product on at least 50% of the roof rated by the Cool Roof Rating Council (CRRC) with an aged solar reflectance of 0.25 or higher and thermal emittance of 0.75 or higher. For low-sloped roofs install a roofing product on at least 50% of the roof rated by the Cool Roof Rating Council (CRRC) with a minimum aged solar reflectance of 0.63 and a minimum thermal emittance of 0.75, or a minimum SRI of 75.
Duct Sealing Air seal any accessible ductwork to meet the requirements of the current California Energy Code (Title 24, Part 6)2016 Title 24 Section 1850.2(b)2Aiii1E, which otherwise applies to altered space- conditioning systems. Units with one or more vented combustion appliances are STRONGLY RECOMMENDED to have a BPI
Combustion Appliance Safety Inspection performed after duct sealing.
LED Lighting Replace all low performing screw- based lighting that has an efficaiency of less than 45 lumens per watt with high performing lighting that has an efficaiency of 45 lumens per watt or greater. per the requirements of Title 24 Section 150.0(k)1.A,D,G,H and I.
Formatted: Font: 12 pt, No underline
SECOND READING AND ADOPTION
18 Water
Heating
Package
(if water
heater
serves
individual
unit)
Insulate all accessible hot water pipes with pipe insulation to achieve a minimum thermal resistance of R-3of ¾ inch thick. This includes insulating the supply pipe leaving the water heater, piping to faucets underneath sinks, and accessible pipes in attic spaces or crawlspaces. Upgrade fittings in sinks and showers to meet current California Green Building Standards Code (Title 24, Part 11) Section
4.303 water efficiency requirements. Exception: Upgraded fixtures are not required if existing fixtures have rated or measured flow rates of no more than ten percent greater than current California Green Building Standards Code (Title 24, Part 11) Section 4.303 water efficiency requirements.Water Heater Blanket Add R-6 insulation to the exterior of existing residential tank storage water heaters manufactured before April 2015. Requirement is waived for water heaters with internal tank insulation of at least R-16.Hot Water Pipe Insulation Insulate all accessible hot water pipes with R- 3 pipe insulation.Low Flow Fittings Upgrade sink and shower fittings to meet 2016 CALGreen requirements , which require maximum flow rates of 1.8 gallons per minute (gpm) for
showerheads and kitchen faucets, and 1.2 gpm for bathroom faucets.
Windows Windows: Replace at least 50% of existing windows with high performance windows that comply with the specifications in current California Energy Code (Title 24, Part 116) Table 180.2- B.Replace existing single pane windows with a dual pane product, which has a U-factor equal to 0.32 or lower and a Solar Heat Gain Coefficient (SHGC) equal to 0.25 or lower. This measure was only evaluated for the pre-1978 vintage, which is assumed to have single-pane, metal-frame windows.
Water
Heater
Replacement
(if water
heater
serves
individual
unit)
Heat Pump Water Heater (HPWH): Replace existing water heater with a heat pump water heater that meets the requirements of the current California Energy Code (Title 24, Part 6) Sections 110.3 and 1580.2(b)31.H.iii.b.High Efficiency Heat Pump Water Heater:
Replace natural gas storage water heater, or, tankless water heater having an Energy Factor of .81 or less, with Heat Pump Water Heater with Uniform Energy Factor (UEF) of at least 3.1 (Northwest Energy Efficiency Alliance Tier 3).
-or-
High Efficiency Tankless Water Heater: Replace natural gas storageexisting water heater, or, tankless water heater having an Energy Factor of .81 or less, with a tankless water heater with a Formatted: No underline
Formatted: No underline
Formatted: Font:
SECOND READING AND ADOPTION
19 minimum Uniform Energy Factor (UEF) of 0.956.
-or-
For two measure credits: Replace existing water heater with a heat pump water heater with a Northwest Energy Efficiency Alliance (NEEA) Tier 3 or higher rating that also meets the requirements of the current California Energy Code (Title 24, Part 6) Sections 110.3 and 1580.2(b)31.H.iii.c.
Air
Conditioner
Replacement
Heat Pump Space Conditioning System: Replace all existing gas and electric resistance primary space heating systems with a heat pump system that meets the requirements of the current California Energy Code (Title 24, Part 6) Sections 110.3, 1580.2(b)21.C, 150.2(b)1.E, 150.2(b)1.F, and 150.2(b)1.G.
-or-
High Efficiency Air Conditioner Replace an existing air conditioner having a SEER rating of 13 or less with an air conditioner of having a SEER2 rating of 17.0 or greater, or at least 18an EER2 of 12.0 or greater SEER2.
-or-
High Efficiency Heat Pump Replace an existing air conditioner having a SEER rating of 13 or less with a Heat Pump of at least 18 SEER.
-or-
For two measure credits: High Efficiency Heat Pump Space Conditioning System: Replace all existing gas and electric resistance primary space heating systems with an electric-only heat pump system that meets the requirements of the current California Energy Code (Title 24, Part 6) Sections 110.3 and 1580.2(b)21.C, 150.2(b)1.E, 150.2(b)1.F, and 150.2(b)1.G and one of the following:
A ducted heat pump system with a SEER2 rating of 16.5 or greater, an EER2 rating of 12.48 or greater and an HSPF2 rating of 9.5 or greater; or a ductless mini-split heat pump system with a SEER2 rating of 16.0 or greater, an EER2
rating of 12.0 or greater and an HSPF2 rating of 9.0 or greater.
(87) Amortization of Pass-through Costs. Where lease terms allow owners to pass
SECOND READING AND ADOPTION
20 on the costs of complying with this section to lessees, should Owner choose to do so, those costs may not be passed through in bulk. InsteadInstead, they shall be amortized as follows:
a. Audit rRequirement costs shall be amortized over a period of no less than five (5) years.
b. Retro-Commissioning costs shall be amortized over a period of no less than ten (10) years.
cb. Costs of measure implementation shall be amortized over a period of no less than the expected useful life of the measure.
(98) Extensions, Exceptions, and Adjustments from Conservation Requirements.
The Conservation Section may, at its sole discretion, grant an extension, adjustment, or exemption to one or more of the Conservation Requirements.
Exemptions. The following exemptions apply to the Conservation Requirement:
a. The Property has been occupied less than five (5) years; b. The Property is in Financial Distress;
c. The building is scheduled to be demolished one year or less from the reporting dateA demolition permit for the entire Property has been issued and demolition work has commenced;
d. The Property has not previously been subject to the Benchmarking Requirement;.
e. The Property includes loads that are not accurately represented in the ENERGY STAR Score or Site EUI-WN, such as energy storage;
f. The Owner has made a good faith effort to comply;
g. The Owner is unable to achieve compliance due to technical infeasibility. ()
G. Compliance Schedule. Compliance filing deadlines for the requirements of this section detailed in Table 15.26.05015.62.010(G) below. The Conservation Section may grant an extension of time of up to sixty (60) days to file any submittal required by this Section upon request in writing. The Conservation Section may grant an additional extension up to one hundred eighty (180) days upon an application demonstrating evidence of substantial hardship.
Table 15.26.05015.62.010(G) Compliance Deadlines
Section
Compliance Deadline
50,000+ square feet GFA
20,000-49,999 square feet GFA
SECOND READING AND ADOPTION
21 Benchmarking Requirements
Section 15.26.050 (D)
May 20th of each year
beginning 2022
March 20th of each year
beginning 2022
Direct Disclosure and Public
Disclosure Requirements
Section 15.26.050 (E) (1-2)
Beginning September 1, 2022
Beginning September 1, 2022
Conservation Requirements
Section 15.26.050 (F) (1-
4, 7, 8)
Every five (5) years beginning
2023 or later according to a
schedule to be determined by
the Conservation Section
Every five (5) years beginning
2026 or later according to a
schedule to be determined by
the Conservation Section
Minimum Improvement
Requirements
Section 15.26.050 (F) (5)
Every ten (10) years beginning
in the year 2028 or later
according to a schedule to be
determined by the
Conservation Section
Every ten (10) years beginning
in the year 2031 or later
according to a schedule to be
determined by the
Conservation Section.
Multifamily Prescriptive
Upgrades
Section 15.26.050 (F)(6)
2023 or later according to a
schedule to be determined by
the Conservation Section
2023 of later according to a
schedule to be determined by
the Conservation Section
Requirement Section Compliance Filing Deadline
Benchmarking 15.62.010(D) May 20th of each year beginning in 2022
Direct Disclosure and Public
Disclosure 15.62.010(E)(1-2) September 1st of each year beginning in 2022
Baseline Year Benchmarking
Data Verification 15.62.010(D)(7)
2027, or the year immediately
after the first full year of
operation, whichever is later
Performance Target
Compliance 15.62.010(F)(1)
Every five (5) years beginning
2028, with Benchmarking
Requirements
Provisional Compliance:
Retro-Commissioning or
Audits
15.62.010(F)(2)
June 30, 2028 or five years after
certificate of occupancy or
temporary certificate of
occupancy, whichever is later
Formatted: Superscript
SECOND READING AND ADOPTION
22 Provisional Compliance:
Multifamily Measures 15.62.010(F)(2)(b)(ii) June 30, 2028 Provisional Compliance:
Interim and Final
Performance Targets
15.62.010(F)(2)(a)
Interim Target Date – 2032 or 10
years after certificate of occupancy
or temporary certificate of
occupancy, whichever is later
Final Target Date – 2042 or 20
years after certificate of occupancy
or temporary certificate of
occupancy, whichever is later
H. Record Maintenance. The Owner shall maintain records related to Benchmarking, Audits and Retro-Commissioning, and Efficiency Improvement Measures including, but not limited to, the Energy and water bills and reports or forms received from tenants and/or utilities. Such records shall be preserved for a period of five years. When the Property is sold, copies of the records shall be given to the new Owner. Ownership of the property in Portfolio Manager must also be transferred to the new owner.
I. Failure to Comply. It shall be unlawful for any person to violate any provision or to fail to comply with any of the requirements of this section. Owner shall be subject to the following remedies and enforcement measures:
(1) A Notice of Failure to Comply shall be issued to the Owner specifying the provisions violated and including an order to correct outlining steps necessary to bring Property back under compliance; and
(2) On the 60th day following issuance of a Notice of Failure to Comply, the following may be issued.
a. Monetary Fines. Monetary fines may be levied each month the property is not in compliance with the requirements. The amount of the monthly fine shall not exceed up to the amounts shown in Table 15.26.05015.62.010(I)(2)(a) on a per incident basis depending on Property GFA.
Table 15.26.05015.62.010(I)(2)(a) Maximum Monthly Fine Amounts Property Size (square feet) Amount Per
Incident
20,000-49,999 GFA Up to $750
50,000-99,999 GFA Up to $1,500
100,000+ GFA Up to $2,250
Formatted: Heading 2 Char, Font: Not Italic
SECOND READING AND ADOPTION
23 b. Public disclosure of non-compliance.
(3) Monetary penalties for non-compliance shall be waived until January 1, 20263. (4) Monetary penalties may be waived for properties where the owner(s) demonstrates good faith effort to comply.
J. Implementation Authority.
The City ManagerConservation Section may adopt rules and regulations for the implementation of this section including, without limitation, the following: amending the requirements to align with the California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements; authorizing alternatives to the ENERGY STAR Portfolio Manager, the ENERGY STAR Score, and associated metrics if they become no longer available; extending Conservation Requirement compliance deadlines; establishing processes for alternative compliance, extensions, and exemptions to the Conservation Requirements; updating audit and retro-commissioning standards and qualifications; setting and modifying normalization factorssupplementing ; and amending the list of qualified measures set forth in table 15.26.05015.62.010(F)(76)(b) as new energy efficient technologies or materials are developed or as minimum State or Federal standards change.
The Conservation Section has the authority to administer the requirements of this section, including, without limitation, the following: accepting or rejecting filings; .accepting or rejecting requests for exemptions, extensions and adjustments; modifying the Baseline Year and/or the Baseline Year metrics for any particular Property; levying fines in accordance with Section 15.62.010(I)(2); waiving or reducing fines; and disclosing information in accordance with this Section.
K. Compliance with State of California Requirements. It is the intent of the Benchmarking Requirements that, if the executive director of the California Energy Commission determines that the Benchmarking Requirements fulfill the requirements of the California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements, any building that complies with the Benchmarking Requirements in a given calendar year is exempt from compliance with section 1683 of the California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements for that year.
In the event that there is a conflict between the requirements of Chula Vista Municipal Code 15.62.010 and of the California Building Energy Use Data Access, Benchmarking, and Public Disclosure Requirements, the stricter shall prevail.
The City shall transmit to the Energy Commission all information that is publicly disclosed for a calendar year by August 1 of the following year.
If any portion of this Ordinance, or its application to any person or circumstance, is for any reason held to be invalid, unenforceable, or unconstitutional by a court of competent jurisdiction, that portion shall be deemed severable, and such invalidity, unenforceability, or unconstitutionality shall not affect the validity or enforceability of the remaining portions of Formatted: Not Highlight
SECOND READING AND ADOPTION
24 the Ordinance, or its application to any other person or circumstance. The City Council of the City of Chula Vista hereby declares that it would have adopted each section, sentence, clause, or phrase of this Ordinance, irrespective of the fact that any one or more other sections, sentences, clauses, or phrases of the Ordinance be declared invalid, unenforceable, or unconstitutional.
Section III. Construction
The City Council of the City of Chula Vista intends this Ordinance to supplement, not to duplicate or contradict, applicable state and federal law and this Ordinance shall be construed in light of that intent.
Section IV. Effective Date
This ordinance shall take effect on the latter to occur of the following: the 90th day after its final passage, and approval by the executive director of the California Energy Commission.
Section V. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted according to law.
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