Building Electrification Reach Code
Special City Council Meeting
August 22, 2024.
History
• November 2022 – City adopted a
Building Electrification Reach Rode
amending California Energy Code (Title
24 Part 6):
• All new construction to be all
electric
• Non-residential and multi-family
install PV
• EV charging required
• CRA vs. City of Berkeley
Reach
Code
Goals
Cost effective approach to
decarbonize the built
environment
Help developers and building
owners reduce emissions
Improve Health & Safety
CRA vs. City of Berkeley
• 2019 CRA sued Berkeley on their fuel gas piping ban in new buildings • 3 judge panel of the 9th Circuit Federal Court stuck down Berkeley ordinance
• City of Berkeley requested an en-banc rehearing
• 2024 the 9th Circuit declined to reconsider
• Many jurisdictions with all electric or similar ordinances suspended enforcement
Result
All electric element –
suspended enforcement
Develop an alternative
aapproach for City Council
consideration
Alternate Options:
Option What is it Pro Con
1. Gas ban through a local
amendment to the building
code
Complete gas ban – All
electric ordinance
Easy to understand
Easy to implement
Legally tenuous (Glendale
City Council suspended
parts of the all electric
ordinance)
2. Air Quality Ordinance Regulates sources of air
emissions (NOX, GHG)
Complete gas ban (minus
exemptions)
EPCA Compliant
Supported by SCAQMD
and CARB efforts
Untested legally (some risk)
(Sustainability Commission
recommended staff
research an emissions
standard)
3. Single margin source
energy code amendment
Establish an energy
performance metric more
stringent than state code
EPCA Compliant
Well established reach
code approach
Gas can still be installed in
new construction
More difficult modeling to
show compliance
Recommendation
• Ask that the City Council provide direction to staff to develop an alternative reach code to regulate energy performance that is EPCA compliant and provide pathways to compliance for both mixed fuel and all-electric buildings.
Thank you
Questions?