TO: Sofia Mangalam, City of Foster City FROM: Michelle Mann and Leila Silver, ID360 CC: Melanie Jacobson, ID360 DATE: June 25, 2024 SUBJECT: Energy Reach Code & Green Building Code Considerations EXECUTIVE SUMMARY This memo was developed to provide policy information to the City of Foster City on energy and green building reach code approaches. The measures explored here are a cumulation of policies mentioned in the City’s 2015 Climate Action Plan, Sustainable Foster City strategy, and direction from city staff. This memo examines the following topics to support the City’s sustainability goals: 1. Energy reach code approaches for the remaining 2022 code cycle with discussions on upcoming amendments in the 2025 code cycle. 2. Summaries of additional green building reach code measures discussed in Council meetings that the City may consider, along with jurisdictional trends related to each item. 3. An overview of the proposed 2025 California Energy Code and CALGreen provisions. Consult with Legal Counsel Because of recent federal court rulings rejecting a Berkeley ordinance prohibiting natural gas connections in new construction, uncertainty now exists regarding the enforceability of laws that severely restrict the use of gas appliances. ID360 does not employ attorneys, and we are not qualified to evaluate which policies might trigger legal challenges. The policy analysis we provide is based on publicly available information. Before adopting policies or laws in this area, we recommend government entities consult their attorneys to consider the latest legal developments in this area.
BACKGROUND The City of Foster City is committed to being a leader in environmental sustainability and has adopted a local Climate Action Plan (CAP). The Climate Action Plan outlines measures to address the emissions targets from different sectors. The measures are a cumulation of policies proposed over time from sources such as the Sustainability Action Plan, The General Plan, and the Sustainable Foster City Plan. To accomplish the goals set by the CAP, the City is considering the adoption of a local Energy Reach Code. The local Energy Reach code could align with either the 2022 California Energy Code or the 2025 building code cycle. The ID360 Team performed research to support city staff in exploring potential next steps for the City’s local reach code goals and recent industry developments. The CAP outlines other strategies related to green building, including “reach” provisions related to electric vehicle charging infrastructure (EVI), green building rating systems, building performance benchmarking, materials and resource efficiency, and water efficiency and conservation. This memo provides optional green building policy strategies that could be used to promote sustainability in the City’s built environment. BUILDING ELECTRIFICATION & ENERGY REACH CODES Ninth Circuit Ruling on Berkeley’s Natural Gas Ban in New Buildings The City of Berkeley faced legal challenges based on a case brought by the California Restaurant Association (CRA) which argued that, among other things, the federal Energy Policy and Conservation Act (EPCA) preempted Berkeley’s local natural gas ban ordinance. Berkeley’s ordinance leveraged “police powers” to amend the City’s Health and Safety Code. Berkeley’s City Attorney petitioned for an “en banc” rehearing with 11 judges on the U.S. Court of Appeals for the Ninth Circuit. However, on January 2, 2024, the petition to rehear the case was denied.1 The ruling stated that “EPCA preempts building codes like Berkeley’s ordinance that ban natural gas piping within new buildings”2 and similar ordinances are at risk of being disputed.3 One alternative building performance standard has been developed in response to the ruling, such as the “One Hourly Source Energy Margin” model code developed by the Statewide Team and published on August 8, 2023.4
High-Performance Energy Approach: The Hourly Source Energy Model Code The California Energy Commission (CEC) introduced additional metrics in the 2022 California Energy Code for buildings to show compliance with the Efficiency Standards.5 One such metric included Source Energy, which represents the energy consumption of a building including losses incurred during production and delivery to the meter located at the building. Similar to Time Dependent Valuation (TDV), hourly source energy is a metric for both electricity and natural gas. The CEC found that hourly source energy values are proportional to the GHG emissions for each hour of the year and can be considered a good proxy for GHG, encouraging fuel switching, decarbonization, and reducing natural gas use. For future reach codes, the Statewide team recommended a new approach called the "Single Hourly Source Energy Margin" model code, also known as the “Single Margin” or “One Margin” code, that uses source energy as the performance metric. Version 1.0 of the model code recommends compliance margins based on the source energy values for new single-family and multifamily buildings. The model code primarily focuses on building components (e.g., HVAC, hot water heating) and does not encompass site components such as outdoor cooking and fireplaces. Similarly, the Bay Area Reach Codes Program6 published a source energy margin model code tailored for jurisdictions located in Climate Zone 3 and Climate Zone 4.7 The model code addresses new single-family, multifamily, and nonresidential new construction. The CEC maintains a list of federally regulated appliances under Title 20 Appliance Efficiency Regulations.8 Based on communications with the Statewide team, the “One Margin” model code outlines requirements without favoring a particular technology. The current published 2022 cost-effectiveness analyses can be leveraged to take policy action immediately. The “One Margin” approach amends the California Energy Code (Title 24, Part 6) and requires approval from the CEC. The model code is considered a high-performance ordinance and establishes a single compliance margin for both all-electric and mixed-fuel buildings. Setting a single margin for new buildings emphasizes efficiency for both gas and electric fuel types in mixed-fuel buildings and would likely require additional PV and battery to be included in the design. The compliance margin is adaptable based on jurisdiction preference, provided it remains cost-effective and code-compliant for both fuel types. The “One Margin” compliance margin
does not factor in cooking appliances, clothes drying, and other types of “process loads” because they are not regulated in the same way as space and water heating in the California Energy Code. Efficiency reach codes align with the City’s CAP measures related to adopting a residential and commercial green building ordinance with an emphasis on increased energy conservation. Zero Emission / Zero NOx Standard As an alternative to fuel-type standards, state and local governments are leveraging emissions-based requirements to advance air quality and decarbonization goals. On March 8, 2024, the Bay Area Reach Codes Program9 published a zero-emissions model code, called the Air Quality Code.10 This model reach code focuses on regulating the building or appliance emissions rather than the type of fuel used. It can specify the emissions limit of nitrogen oxides (NOx) or greenhouse gases (GHG). The model code amends the California Building Code (Title 24, Part 11) to regulate building or appliance emissions and does not require approval from the BSC. The air quality approach uses the Clean Air Act authority rather than the Energy Policy Conservation Act to regulate all emitting equipment, including cooking, fireplaces, and dryers. However, at the time of this memo, the air quality reach code is considered an emerging enforcement approach and is legally untested. Additionally, the Bay Area Air Quality District (BAAQMD) adopted amendments to Regulation, Rules 4 and 6, to eliminate emissions of nitrogen oxides (NOx) from residential and commercial natural gas furnaces and water heaters in the Bay Area by requiring new appliances to be zero-NOx11 and the California Air Resources Board (CARB) is exploring state-wide zero-emission appliance standards for space and water heaters to support building-related GHG reduction goals.12 The zero emission/ zero NOx building approach is a potential strategy the City may consider in the future for supporting the CAP. TRENDS OF OTHER JURISDICTIONS During the 2022 code cycle, over 70 California jurisdictions adopted a local reach code or began the process of adopting a local reach code. The majority of reach codes adopted for the 2022 code cycle focused on requiring all-electric new construction either through an amendment to the CALGreen Code or the Health and Safety Code. In response to the April 2023 ruling, some jurisdictions took policy action to suspend enforcement of all-electric requirements. The following cities either suspended or temporarily suspended their reach code: the City of Encinitas13, the City of San Luis Obispo14, the City of Santa Cruz15, the
County of San Mateo16, the City of Brisbane17, the City of Sacramento18, the City of Menlo Park19, the City of Palo Alto20, City of Cupertino21, City of Mountain View22, and the City of Sunnyvale23. New Buildings High-Performance Efficiency Reach Codes A few jurisdictions took the next steps to adopt alternative local energy reach code requirements. The City of San Luis Obispo24, the City of Santa Cruz25, the City of San José26, and the City of Palo Alto27, adopted high-performance energy efficiency requirements based on the "One Hourly Source Energy" model code. • The City of San Luis Obispo’s new local energy reach code ordinance was approved by the CEC during the December 2023 Business Meeting and became effective on January 1, 2024. • The City of Santa Cruz’s new local energy reach code ordinance was adopted by the City Council on November 28, 2023, and is expected to begin enforcement on March 1, 2024, pending approval from the CEC. • The City of San José adopted the efficiency standard requirements while still enforcing the all-electric construction requirements to capture projects that were exempted from local building electrification requirements. The ordinance and supporting documentation have been submitted to the CEC and are on the current Docket Log for Local Ordinance Applications Exceeding the 2022 Energy Code.28 Zero Emission / Zero NOx Standard On February 15, 2024, the Town of Los Altos Hills adopted Zero NOx Emission Standards in place of all-electric requirements for new and existing buildings. The ordinance was adopted as an amendment to CALGreen, and is justified by section 39002 of the California Health and Safety Code29 which authorizes local agencies to establish air pollution standards that are stricter than statewide or federal standards. The ordinance targets high-emitting water heating and HVAC systems and requires those appliances to be “zero-emitting".30 Similar to all-electric ordinances, the proposed ordinance includes specific exceptions for indoor cooking appliances in residential buildings, outdoor cooking
appliances, outdoor fireplaces, portable space heaters, generators, and pool and spa heaters. The first reading of the ordinance was introduced and passed by the Town Council on January 18, 2024. This is the first Zero NOx emission ordinance adopted in California and is legally untested. GREEN BUILDING MEASURES In addition to the energy reach code options mentioned above, the City of Foster City has shown interest in building reach code provisions focused on green building planning and design. The measures included in this section utilize EV infrastructure, sustainable building design, and material and resource efficiency to reduce carbon levels and GHG emissions within the built environment. Electric Vehicle Infrastructure The California Green Building Standards Code (CALGreen) improves public health, safety, and general welfare by enhancing the design and construction of buildings by using building concepts with a reduced negative or positive environmental impact31. The 2022 CALGreen code includes provisions related to electric vehicle (EV) infrastructure to advance the state’s strategic decarbonization goals. Jurisdictions have the option to adopt EV infrastructure policy that reaches beyond the mandatory EV requirements in CALGreen. EV parking capacity and infrastructure improvements encourage the use of clean air vehicles and accessibility to charging infrastructure, therefore, reducing GHG emissions and conserving natural resources. Pathways for facilitating EV reach measures beyond the state requirements include adopting the CALGreen Tier 1 and Tier 2 requirements for EV charging in new construction and the Bay Area Reach Code Initiative’s 2024 EV Charing Infrastructure Model Code32. Adoption of EVI reach code measures directly supports the City’s CAP goals around reducing GHG emissions related to transportation. Jurisdictions that have adopted EV Infrastructure reach codes for the 2022 code cycle include Burlingame, Campbell, Corte Madera, East Palo Alto, Fairfax, Hayward, Livermore, Los Gatos, Marin County, Menlo Park, Morgan Hill, Mountain View, Pacifica, Redwood City, San Anselmo, San Carlos, San Leandro, San Mateo, San Rafael, and Saratoga.33
CALGreen Voluntary Measures for EV Infrastructure CALGreen provides voluntary measures for EV infrastructure that are organized into two tiers. Tier 1 prerequisites are more stringent than CALGreen's mandatory measures, while Tier 2 prerequisites include all Tier 1 prerequisites plus some additional measures. Many local jurisdictions adopt the CALGreen Tier provisions as a strategy to reach beyond the base code CALGreen requirements. Bay Area Reach Code Initiative’s 2022 EV Charing Infrastructure Model Code The City may also consider aligning with regional jurisdictions that adopted the Bay Area Reach Code Initiative’s 2022 EV Charing Infrastructure model code (EVI)34. This model code aims to exceed the 2022 CALGreen Intervening Code updates and incorporates the proposed 2025 CALGreen Code updates, minimizing the need for the City to implement future revisions. The EVI model code was updated in March 2024 to align with the 2022 CALGreen Intervening Code Cycle updates that will become effective on July 1, 2024. Table 1 compares the CALGreen Mandatory EV infrastructure requirements that will become effective on July 1, 2024, against the CALGreen Tier 1, Tier 2, and EVI model reach code provisions for new construction and existing buildings. Table 1: 2022 CALGreen Mandatory EV Requirements vs. CALGreen Tier 1, CALGreen Tier 2, and Bay Area EV Infrastructure Model Code Occupancy Type Mandatory Provisions Tier 1 Provisions Tier 2 Provisions Bay Area Model Code Single Family Residences and Townhomes with Private Garages For each dwelling unit, a dedicated 208/240V branch circuit installed in raceway required For each dwelling unit, a dedicated 208/240V branch circuit installed in raceway required For each dwelling unit, a dedicated 208/240V branch circuit installed in raceway required Requires one Level 2 EV charging receptacle. If a second parking space is provided, an additional Level 1 Receptacle is required. Multifamily: New Construction 40% of parking spaces require EV Ready with low - power Level 2 EV charging receptacles.
Option A: 50% percent of parking spaces require low-power Level 2 EV charging Option A: 55% percent of parking spaces require low-power Level 2 EV charging Requires one low-power Level 2 EV charging receptacle per
10% of parking spaces require Level 2 EV Chargers.
receptacles and shall be located in one assigned parking space per dwelling unit where assigned parking is provided. 15% of parking spaces require Level 2 EV chargers. Option B: Install low-power Level 2 EV charging receptacles in at least one parking space for each dwelling unit with assigned parking. 10% of common-use parking spaces require Level 2 chargers receptacles and shall be located in one assigned parking space per dwelling unit. 20% of parking spaces require Level 2 EV chargers. Option B: Install one low-power Level 2 EV charging receptacle for each parking space available for use by residents. 20% of common-use parking spaces require Level 2 chargers. dwelling unit with a parking space. Requires 25% of unassigned spaces include Level 2 EV charging receptacles installed Multifamily: Additions and Alterations 10% of new added parking spaces for existing buildings to be EV Capable Spaces 10% of altered spaces to be EV Capable N/A N/A Requires each added or altered space to have at least a low power Level 2 EV receptacle.
Hotels and Motels 40% of parking spaces require EV Ready with low - power Level 2 EV charging receptacles. 50% percent of parking spaces require low-power Level 2 EV charging receptacles.
Option A: 55% percent of parking spaces require low-power 40% of the total number of parking spaces shall be equipped with low power Level 2 EV
10% of parking spaces require Level 2 EV Chargers.
15% of parking spaces require Level 2 EV chargers
Level 2 EV charging receptacles. 20% of parking spaces require Level 2 EV chargers. charging receptacles. 25% of the total number of parking spaces shall be equipped with Level 2 EV chargers. Commercial: New Construction New construction is required to provide EV infrastructure and facilitate EV charging via Table 5.106.5.3.1 or Table 5.106.5.3.6 Power Allocation Method. * Comply with Table A5.106.5.3.1 – Tier 1 EV Capable Spaces and EVCS or Table A5.106.5.3.2 - Tier 1 EVCS – Power Allocation Method. * Comply with Table A5.106.5.3.3 – Tier 2 EV Capable Spaces and EVCS or Table A5.106.5.3.4 Tier 2 – EVCS – Power Allocation Method. * Office and Retail: 45% of actual parking spaces required to be EV Capable or EVCS. 11% of actual parking spaces required to be EV Capable. 34% of actual parking spaces required to be EVCS. New warehouses, grocery stores, office buildings, and manufacturing facilities and retail stores with planned off-street loading spaces shall comply with Section 5.106.5.5.1 for future installation of medium- and heavy-duty EVSE.
All Other Occupancies: 45% of actual parking spaces required to be EV Capable or EVCS. 22% of actual parking spaces required to be EV Capable. 23% of actual parking spaces required to be EVCS.
Commercial: Additions and Alterations Existing buildings or parking facilities being modified by one of the following will be required to include EV charging in compliance with Table 5.106.5.3.1 or Table 5.106.5.3.6 of CBSC. 1. When the scope of construction work includes an increase in power supply to an electric service panel as part of a parking facility addition or alteration. 2. When a new photovoltaic system is installed covering existing parking spaces. 3. When additions or alterations to existing buildings are triggered pursuant to code Section 301.3 and the scope of work includes an increase in power supply to an electric service panel.
NA NA NA
*See Appendix A for CALGreen Mandatory, Tier 1, & Tier 2 EV Capable Spaces and EVCS reference tables. Green Building Rating Systems & Third-Party Green Building Certification Green building rating systems assess a project's performance from a sustainability and environmental perspective. These systems intend to improve the overall quality of the
project and the surrounding community by integrating a life cycle approach to project design and construction. Buildings that have been assessed and are deemed to meet a certain level of performance and quality, receive a certificate proving this achievement. Several third-party green building rating systems measure a project’s efforts in incorporating various high-performance strategies, including stormwater management, optimized energy efficiency, embodied carbon of building materials, indoor environmental quality, and enhanced construction and demolition waste diversion. Some popular options for third-party certification include Build It Green’s GreenPoint Rated system and Leadership in Energy and Environmental Design (LEED). Jurisdictions can adopt green building standards that require projects of a certain square footage, permit valuation, or occupancy type to meet third-party green building rating systems. Many California jurisdictions, such as the City of San Francisco and the City of San José, require all municipal construction and major renovation projects to achieve LEED certification. The State of California has also required LEED certification for its buildings since 2004.35 Although it is not a traditional green building rating system, the CALGreen Tier Appendix chapters can be considered green building “reach” measures that jurisdictions have the authority to adopt. Similar to the mandatory requirements, the Tier appendices encourage sustainable construction practices in the following categories: planning and design, energy efficiency, water efficiency and conservation, material conservation, and resource efficiency. Adoption of green building rating systems or the CALGreen Tiers directly supports measures in the CAP related to adopting green building standards for commercial and municipal buildings. The following jurisdictions have adopted the CALGreen Tiers as mandatory: • City of Palo Alto: CALGreen Mandatory Tier 1 and Tier 2 required for new construction, substantial remodels, and additions/alterations of a certain square footage.36 Use of a third-party Green Building Special Inspector is also required. • Marin County: CALGreen Tier 1 is required for new construction and additions/alterations of a certain square footage.37 • City of Sonoma: CALGreen Tier 1 is required for new construction. Use of a third-party Green Building Special Inspector is also required.38
Building Performance Standards & Benchmarking The State of California established the Building Energy Benchmarking Program in 2018, requiring the owners of commercial buildings with more than 50,000 square feet of gross floor area and the owners of multifamily residential buildings with more than 50,000 square feet of gross floor area and 17 or more residential dwelling units to report energy usage and building characteristic information annually to the state. Building Performance Standards are designed to reduce carbon emissions in buildings by improving energy, gas, and water efficiency while lowering peak demand. Energy Star’s Portfolio Manager is one example of benchmarking software commonly used for benchmarking buildings. Programs such as these allow owners to benchmark the energy and water use of any building. A BPS ordinance is another strategy the City can explore to help meet the CAP goals around adopting a commercial green building ordinance that emphasizes higher building performance. Jurisdictions can “reach” beyond the state building performance standards (BPS) by setting locally amended BPS requirements. The Institute for Market Transformation (IMT) provides a Building Performance Standard model code for local jurisdictions seeking to reduce carbon emissions in buildings by improving energy, gas, and water use, and peak demand. The City of Chula Vista was the first city in California to adopt BPS standards in 2021. Several California jurisdictions, including Berkeley, Los Angeles, Sacramento, San Diego, San Francisco, Santa Monica, Hollywood, and the County of Los Angeles are actively developing BPS standards and committed to BPS by joining the Building Performance Standards Coalition (BPS Coalition). Materials & Resource Efficiency The following green building provisions related to building materials and resource efficiency are included at the direction of city staff and will support the City’s overall goals related to decarbonization and increasing building efficiency. Sustainable Roofs Sustainable roofs, e.g. vegetated roofs and cool roofs, minimize the creation of heat islands and help to reduce the energy load for building cooling. Vegetated roofs can help to reduce water runoff and cool roof applications utilize materials with solar reflectance
capabilities. CALGreen includes cool roof requirements in the Tier appendices that local jurisdictions may consider adopting as part of local green building standards. Low-Carbon Concrete The production of cement involves burning materials at very high temperatures. The process results in high energy consumption and a high rate of carbon and resource-related greenhouse gas emissions. Low-carbon concrete is produced with a lower carbon footprint and a reduced global warming potential. Substituting low-carbon concrete for traditional concrete is an easy transition that can be enforced through required Environmental Product Declarations (EPDs) or lower-emission supplementary cementitious materials. Policies requiring the use of low-carbon concrete have already been adopted by the City of Palo Alto and the County of Marin. StopWaste maintains a Low Carbon Concrete Code Amendment Toolkit for local jurisdictions seeking to adopt low-carbon concrete requirements. The tool kit includes a low-carbon concrete model code language, supporting resolution, and staff report. Whole Building Life Cycle Assessment A Whole Building Life Cycle Assessment (WBLCA) is a systematic method for analyzing the environmental impact of a building's life cycle. It can be used to evaluate a single product or an entire building system and provides valuable information for decision-making related to the building's design, construction, operation, maintenance, and eventual demolition or reuse. The 2022 CALGreen Intervening Code Cycle will introduce mandatory whole-building life cycle assessment requirements for commercial projects that are 100,000 sq. ft or greater. The new provisions, which will become effective July 1, 2024, require applicable projects to demonstrate a minimum 10% reduction in global warming potential (GWP) by conducting a cradle-to-grave, whole-building, life cycle assessment. CALGreen’s Appendix A5 includes voluntary Tier 1 and Tier 2 Whole-Building Life-Cycle Assessment provisions with increased GWP reductions of 15% and 20% respectively. In the 2025 CALGreen code, the square footage threshold of 50,000 sq ft will become mandatory for all commercial projects meeting the scoping requirements.
Water Efficiency & Conservation A 2023 Environmental Impact Report developed for Foster City identified water neutrality as a long-term measure and led to the adoption of the Estero Municipal Improvement District (EMID) Water Neutrality Growth Ordinance.39 The Ordinance applies to any new developments, redevelopments, or change in use that will require a new water service from EMID or will increase water demand. Though the adoption of such an ordinance signifies the City’s commitment to water efficiency and conservation the ordinance does not apply to residential buildings. Following are some additional water conservation measures that could be effective when applied to residential occupancies or nonresidential projects exempt from the water neutrality ordinance (e.g., tenant improvements). The water building-level conservation measures explored below can aid in the City’s CAP goals around promoting water efficiency and reducing the strain on water resources. Outdoor Water Use Recycled water irrigation systems that comply with the California Department of Water Resources Model Water Efficient Landscape Ordinance (MWELO) reduce the overall outdoor water used for irrigation. Recycled water replaces potable drinking water in irrigation systems which can extend freshwater supplies and help to refill regional aquifers. Indoor Water Use The CALGreen Mandatory measures require reduced flow rate fixtures in residential and commercial kitchens and bathrooms. The Tier 1 and Tier 2 measures increase those requirements by mandating whole-building water use savings for nonresidential buildings by 12% and 20% respectively. Compliance is typically carried out by either prescriptive or performance methods. Recycled Water & Treated Graywater Systems Greywater or recycled water is gently used water from bathroom sinks, showers, tubs, and washing machines. Using grey water for non-potable water functions in the home or business can help reduce water usage and save money on water utilities. Depending on these functions, dual water piping is installed for both indoor and outdoor water use. Laundry-to-Landscape systems (L2L) is a simple type of graywater system that redirects water from the clothes washer to the landscape without additional pumps or filters. The City of Palo Alto previously required L2L systems for residential new construction.
2025 CALGREEN AND ENERGY CODE UPDATES The State has begun the rulemaking for the 2025 Energy and CALGreen Codes. The 2025 CALGreen and Energy Code proposed express terms are available now. Tables 2 and 3 provide high-level summaries of the proposed changes. These proposals have not been adopted and modifications may occur between now and when the 2025 codes are published. Table 2: Proposed Electrification-Related Changes to the 2025 Energy Code (based on 6/13 Express Terms, 15-day Language) Occupancy Code Reference Topic Proposed Changes Single Family: New Construction and Additions/ Alterations 150.0(h) Space Conditioning Equipment
New requirements for load calculations, system selection, defrost, supplementary heating and thermostat controls. Single Family: New Construction 150.1(c)6, 150.1(c)8 Heat pumps Both heating appliances (space and water) prescriptively required to be heat pumps in all climate zones. 2022 Code requires only one to be heat pump. Single Family: Additions and Alterations 150.2(a)1D Hot Water For additions, any additional water heater is prescriptively required to be a heat pump. Multi-family: New Construction 160.9 Electric Readiness Electric readiness requirements moved from 160.4 to 160.9 for in-unit systems and added for central hot water systems. Physical space and overall electrical capacity of the building must be sufficient to serve all-electric systems. Multi-family: New Construction 170.2(d) Hot water Disallows gas instantaneous water heat as a prescriptive option for systems serving individual units in low-rise buildings. 120V heat pumps allowed in 1-bedroom units in place of 240V units.
Commercial: New Construction and Additions/ Alterations 120.6(k) Commercial Kitchen electric readiness
Commercial kitchens required to include 208V/50-amp circuit for “cookline appliances”, and electrical panel capacity for an additional circuit. Commercial: New Construction 140.4(a)3 Space Conditioning Extends prescriptive heat pump space heating requirements to all office and school occupancies. Commercial: New Construction, Additions and Alterations 141.0(b)2Cii Heat pumps Heat pumps prescriptively required for small, packaged unit replacements in offices, financial institutions, retail, grocery, school, and library occupancies in most climate zones. Alternatively, air conditioners with furnaces and dual-fuel heat pumps must install economizer and/or variable speed fans. Commercial: New Construction 140.10 PV and Battery Changes to prescriptive requirements and storage capacity calculation and breaks out additional occupancies. Table 3: Proposed Energy-Related Changes to the 2025 Green Building Standards Code (based on 5/16 Express Terms, 45-day Language) Occupancy Code Reference Topic Proposed Changes Single Family: New Construction A4.203.1.1 Performance margins Higher performance margins (0.18 to 2.7, depending upon climate zone). Single Family and Commercial: New Construction A4.203.1.4 & A5203.1.1.1 Outdoor lighting standards Downlit and shielded lighting fixtures.
Single Family: Additions and Alterations A4.204.1.1 Air conditioner replacements Prescriptive requirement for heat pump space conditioning when replacing an air conditioner. Standard air conditioners allowed with additional efficiency measures. Supplemental heating (only) may be provided by either existing or new gas furnace. Multi-family & Commercial: Additions and Alterations A4.204.1.2 A5.204.1.1 Pools and spas Heat pump (gas back up allowed) or gas with 60% solar thermal/recovered energy fraction.
REFERENCES 1 See California Restaurant Association v. City of Berkeley Case 21-16278, January 2, 2024; available at: https://www.publichealthlawcenter.org/sites/default/files/2024-01/CRA-v-Berkeley-Ninth-Circuit-Opinion-Jan2024.pdf. Retrieved January 5, 2024. 2 California Restaurant Association v. City of Berkeley. 21-16278. D.C. 2, 3 (2024). 3 See Ninth Circuit Cans Berkeley Gas Ban under Federal Law, The National Law Review, April 21, 2023; available at: https://www.natlawreview.com/article/ninth-circuit-cans-berkeley-gas-ban-under-federal-law. Retrieved January 5, 2024. 4 See Model Ordinance: Energy Reach Code for New Single Family and Multifamily Buildings at https://localenergycodes.com/download/1654/file_path/fieldList/2022%20Model%20Ordinance%20-%20New%20Construction-One%20Margin.docx 5 See the presentation by CEC, “2022 Building Standards -Time Dependent Valuation (TDV) & Hourly Source Energy” (2021) at: https://efiling.energy.ca.gov/GetDocument.aspx?tn=239439&DocumentContentId=72901. Retrieved January 13, 2024. 6 The Bay Area Reach Code Initiative is a join initiative of Peninsula Clean Energy (PCE), Silicon Valley Clean Energy (SVCE), East Bay Community Energy (EBCE), Alameda County, Santa Clara County and the San Mateo County Office of Sustainability (OOS). 7 The City of Foster City is located in Climate Zone 3. 8 See California Title 20 Appliance Efficiency Regulations at: https://energycodeace.com/site/custom/public/reference-ace-t20/index.html#!Documents/section1605energyperformanceenergydesignwaterperformanceandwater.htm. Retrieved February 14, 2024. 9 Development of the Air Quality Code is being developed by TRC with Peninsula Clean Energy and Silicon Valley Clean Energy. 10 See the Air Quality Part 11 Model Reach Code provided by Peninsula Clean Energy (PCE) and Silicon Valley Clean Energy (SVCE). https://bayareareachcodes.org/wp-content/uploads/2024/03/2024-Air-Quality-Model-Code-Part-11_V2.docx 11 See “Proposed Amendments to Building Appliance Rules – Regulation 9, Rule 4: Nitrogen Oxides From Fan Type Residential Central Furnaces And Rule 6: Nitrogen Oxides Emissions From Natural Gas-Fired Boilers And Water Heaters” Final Staff Report. BAAQMD. March 2023. https://www.baaqmd.gov/~/media/dotgov/files/rules/reg-9-rule-4-nitrogen-oxides-from-fan-type-residential-central-furnaces/2021-amendments/documents/20230307_fsr_rules0904and0906-pdf.pdf?rev=100de6caff2342e6b095b59acf2321d0 Retrieved February 14, 2024. 12 See CARB’s Zero-Emission Space and Water Heater Standards Program webpage at https://ww2.arb.ca.gov/our-work/programs/zero-emission-space-and-water-heater-standards. Retrieved February 14, 2024. 13 See Encinitas Energy Efficiency and Green Building at: https://www.encinitasca.gov/government/departments/development-services/sustainability-division/environmental-programs/green-building. Retrieved January 30, 2024. 14 See San Luis Obispo’s Administrative Order No.1 - Temporary Enforcement Suspension of Municipal Code Chapter 8.11 at: https://slocityca-
redesign.prod.govaccess.org/home/showdocument?id=34339&t=638237123574533561. Retrieved January 30, 2024. 15 See City of Santa Cruz’s City Council Meeting Minutes from June 13, 2023 at: https://ecm.cityofsantacruz.com/OnBaseAgendaOnline/Meetings/ViewMeeting?id=2123&doctype=2. Retrieved January 3, 2024. 16 See County of San Mateo Planning webpage at: https://www.smcgov.org/planning/update-reach-code-enforcement. Retrieved June 5, 2024. 17 See City of Brisbane’s Renewable Energy and Reduction of GHG Emissions at: https://www.brisbaneca.org/building/page/renewable-energy-and-reduction-ghg-emissions. Retrieved January 30, 2024. 18 See City of Sacramento’s Electrification of New Construction at: https://www.cityofsacramento.org/SacElectrificationOrdinance 19 See City of Menlo Park’s Reach Code webpage at: https://menlopark.gov/Government/Departments/City-Managers-Office/Sustainability/Reach-codes. Retrieved February 5, 2024. 20 See City of Palo Alto’s moratorium at: https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=8ac11983-10ba-4a79-a823-3693203c22d7. Retrieved June 5, 2024. 21 See the City of Cupertino Green Development webpage at: https://www.cupertino.org/our-city/departments/environment-sustainability/reach-codes. Retrieved June 6, 2024. 22 See City of Mountain View Council Meeting Minutes from April 9, 2024: https://mountainview.legistar.com/View.ashx?M=F&ID=12917775&GUID=F9A6F192-1A35-4E37-B282-C6387B474382. Retrieved June 6, 2024. 23 Confirmed with correspondence with Suzanne Park, Chief Building Official for City of Sunnyvale. 24 See the City of San Luis Obispo Ordinance 1730: https://sanluisobispo.municipal.codes/Code/15.04.060. Retrieved January 2, 2024. 25 See the City of Santa Cruz Ordinance 2023-12: https://www.cityofsantacruz.com/home/showpublisheddocument/96948/638375591534470000. Retrieved January 30, 2024. 26 See the City of San José Ordinance 30950: https://efiling.energy.ca.gov/GetDocument.aspx?tn=253580-5&DocumentContentId=88813. 27 See City of Palo Alto Council Meeting minutes from June 3, 2024 at: https://cityofpaloalto.primegov.com/Public/CompiledDocument?meetingTemplateId=14300&compileOutputType=1. Retrieved June 17, 2024. 28 See Local Ordinance Applications Exceeding the 2022 Energy Code Docket Log at: https://efiling.energy.ca.gov/Lists/DocketLog.aspx?docketnumber=22-BSTD-07. Retrieved January 30, 2024. 29 See Los Altos Hills reach code ordinance 611. https://www.losaltoshills.ca.gov/DocumentCenter/View/6743/2022-CGBSC-Los-Altos-Local-Amendment. 30 Zero NOx Emitting Equipment is defined as; any equipment or appliance that emits no more than 0.0 nanograms of nitrogen oxides (expressed as NOx) per joule of heat and/or light output. 31 Purpose of CALGreen as stated in 2022 CALGreen Section 101.2 Purpose. 32 See Bay Area Initiative’s EV Infrastructure: Part 11 EV Reach Code at https://bayareareachcodes.org/. Retrieved December 20, 2023. 33 See the Statewide Reach Code Team’s list of 2022 Code Cycle - Electric Vehicle Ordinances at https://localenergycodes.com/content/adopted-ordinances. Retrieved January 3, 2024.
34 See Bay Area Initiative’s EV Infrastructure: Part 11 EV Reach Code at https://bayareareachcodes.org/. Retrieved December 20, 2023. 35 See California LEED Certified State Buildings webpage at: https://www.dgs.ca.gov/OS/Resources/Page-Content/Office-of-Sustainability-Resources-List-Folder/California-LEED-Certified-State-Buildings 36 See Palo Alto Municipal Code: https://localenergycodes.com/download/1376/local_government_adoption_ordinance/fieldList/2022%20Palo%20Alto%20-%20Ordinance.pdf 37 See Marin County Municipal Code at: https://localenergycodes.com/download/1509/local_government_adoption_ordinance/fieldList/2022%20Marin%20County%20-%20Ordinance.pdf 38 See City of Sonoma Green Building webpage at: https://www.sonomacity.org/calgreen/. 39 See the Estero Municipal Improvement District (EMID) Water Neutrality Growth Ordinance. https://www.fostercity.org/sites/default/files/fileattachments/community_development/page/45064/emid-ordinances-138-5_1_2023_2.pdf Appendix A
Table 5.106.5.3.1: Commercial EV Capable and EVCS Table 5.106.3.6: Commercial EV Capable & EVCS – Power Allocation Method Table A5.106.5.3.1: Tier 1 Commercial EV Capable and EVCS Table A5.106.3.2: Tier 1 Commercial EV Capable & EVCS – Power Allocation Method Table A5.106.5.3.3: Tier 2 Commercial EV Capable and EVCS Table A5.106.3.4: Tier 2 Commercial EV Capable & EVCS – Power Allocation Method