Agenda Item C.2
PUBLIC HEARING
Meeting Date: April 18, 2023
TO: Mayor and Councilmembers
FROM: Peter Imhof, Planning and Environmental Review Director CONTACT: Dana Murray, Sustainability Manager
Angeline Foshay, Management Assistant, Sustainability
SUBJECT: Adopt an Ordinance for the Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings to Promote Electrification and Determine the Project to be Exempt from CEQA
RECOMMENDATION:
Introduce and conduct the first reading by title only, waiving further reading of Ordinance No. 23-__ entitled, “ An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 8.19 (Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings) to Title 8 (Health and Safety) of the Goleta Municipal Code and determine the project to be exempt from the California Environmental Quality Act.” BACKGROUND:
Scientific evidence in the 2022 Intergovernmental Panel on Climate Change (IPCC) Report demonstrates that we are already experiencing the widespread and severe impacts of a warming climate. With the climate already 1.1°C above pre-industrial levels, aggressive reduction of greenhouse gas (GHG) emissions from governments, businesses, and communities is necessary to limit global warming to under 1.5°C to minimize the current and anticipated escalating impacts.1 As climate data has become more definitive, California has adopted comprehensive goals to reduce GHG emissions and support local governments in carrying out community level emissions reductions strategies. With the passage of Senate Bill 32 in 2016, California set targets to reduce statewide GHG emissions to 40 percent below 1990 levels by 2030 and 80% below 1990 levels by 2050.2
1 IPCC, 2022: Climate Change 2022: Impacts, Adaptation, and Vulnerability. Contribution of Working Group II to the Sixth Assessment Report of the Intergovernmental Panel on Climate Change [H.-O. Pörtner, D.C. Roberts, M. Tignor, E.S. Poloczanska, K. Mintenbeck, A. Alegría, M. Craig, S. Langsdorf, S. Löschke, V. Möller, A. Okem, B. Rama (eds.)]. Cambridge University Press. In Press.
2 Senate Bill 32, Pavley. California Global Warming Solutions Act of 2006: emissions limit. 2016. https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB32 1 Meeting Date: April 18, 2023
Statewide, residential, and commercial buildings are responsible for approximately 25% of California’s GHG emissions when accounting for fossil fuels, such as natural gas consumed onsite and elec tricity demand. The California Air Resources Board recently released its 2022 Scoping Plan, which provides an implementation pathway to meet the State’s carbon reduction goals. The Scoping Plan specifically recommends all -electric buildings become standard for residential construction starting in 2026 and non - residential construction starting in 2029.
Locally, Goleta has prioritized reducing its emissions in the energy sector through its 100% renewable electricity goal by 2030, with an interim goal of 50% renewable electricity for municipal operations by 2025. Due to escalating state targets for the renewable portfolio standards for utilities and the City joining Central Coast Community Energy, the steady increase in renewable electricity on the grid will lower the emissions impacts of the City’s electricity significantly over the next decade.
To further reduce the City’s building emissions, City Council directed staff to prioritize developing a Reach Code to encourage building electrification during the City’s Annual Work Program process. A Reach Code is a local building energy code that “reaches” beyond the state minimum requirements for energy use in building design and construction, creating opportunities for local governments to lead beyond state requirements. Reach Codes help encourage development of energy efficient and increasingly electrified, sustainable buildings.
In 2020, Goleta’s energy use (from both electricity and natural gas) accounted for 40.4% of the community’s total emissions. Of that total energy use, natural gas use in buildings accounted for 40% of Goleta’s energy emissions. While efforts have been made to decarbonize the natural gas system through the development of renewable natural gas (RNG), there are insufficient supplies to properly meet state and local demand, ultimately leaving the full decarbonization of the natural gas system infeasible.
As stated in the 2021 California Energy Commission (CEC) Integrated Energy Policy Report, “Building electrification is the most promising decarbonization strategy and could result in significant reductions in residential and commercial building gas demand.” 3 Building electrification additionally plays a key role in preventing the lock -in of future emissions from natural gas use. Buil dings are long-term assets with energy -consuming equipment that essentially “lock in” system infrastructure for many years. While usually affecting a relatively small percentage of the building stock in built-out communities, local building codes affecting new construction are an important and necessary step for jurisdictions seeking to avoid unnecessary emissions, which will be costlier to mitigate in the future.
City staff have collaborated with the County of Santa Barbara and the City of Carpinteria since May 2022 to coordinate regional alignment for each jurisdiction’s respective Reach Code, pooling staff resources to conduct public outreach, stakeholder engagement, and source technical assistance from industry experts. With over 60 jurisdictions in California 3 2021 IEPR Volume III - Decarbonizing the State’s Gas System. https://efiling.energy.ca.gov/GetDocument.aspx?tn=242233 2 Meeting Date: April 18, 2023
already having adopted Reach Codes to decarbonize their buildings, the City has an opportunity to expand upon current state requirements in the Energy Code and eliminate and reduce future emissions sources by regulating new construction.
In October 2022, the City’s Energy & Green Issues Standing Committee reviewed the various Reach Code pathways and recommended that staff proceed with developing an all-electric municipal health and safety ordinance . In January 2023, staff presented the Energy & Green Issues Standing Committee a draft ordinance for review, requesting feedback on definitions and exemptions. With minor adjustments to ordinance language and timeline, the Committee recommended that staff bring the draft all -electric new building ordinance to the City Council for adoption.
DISCUSSION:
Impacts of Natural Gas Use
Natural gas is a fossil fuel that consists of a compound known as methane (CH 4), which is approximately 25 times more potent as a GHG than carbon -dioxide over a 100 -year span.4 Methane is even more potent in the first two decades of its lifespan, with a near - term global warming potential of 84 times that of carbon dioxide. The Environmental Defense Fund estimates that “ …about 25% of the man -made global warming we’re experiencing is caused by methane emissions.”5
Emissions from natural gas use can come from both its intentional use (heating, cooking) and unintentional release due to pipeline and storage leaks, inefficient combustion, and abandoned wells. As in the case of Aliso Canyon from October 2015 to February 2016, approximately 109,000 metric tons of methane leaked from the natural gas storage facility.6 Communities impacted by the natural gas leak experienced “rotten egg” odors, oily mists, and acute health symptoms, including eye, nose, and throat irritation, headaches, and respiratory symptoms from the leak. In response to thousands of health problems subsequently experienced by residents, the County of Los Angeles Publi c Health Department directed the temporary relocation of over 8,000 households in the surrounding areas.7 While the leak was contained, widespread small-scale leaks continue to emit methane as a byproduct of storage and transmission, increasing the amount of potent GHGs in our atmosphere.
Methane leaks from natural gas are not only impactful due to their GHG potential, but natural gas leaks can also pose a threat to property and human safety due to the potential
4 “Overview of Greenhouse Gases,” U.S. Environmental Protection Agency, https://www.epa.gov/ghgemissions/overview-greenhouse-gases#methane 5 “Methane: The other important greenhouse gas,” Environmental Defense Fund, https://www.edf.org/climate/methane-other-important-greenhouse-gas 6 Determination of Total Methane Emissions from Aliso Canyon Natural Gas Leak Incident. California Air Resources Board, 2021. https://ww2.arb.ca.gov/sites/default/files/2020-07/aliso_canyon_methane_emissions-arb_final.pdf 7 Aliso Canyon Disaster Health Research Study. County of Los Angeles Public Health (2023). http://publichealth.lacounty.gov/eh/healthresearch/background.htm 3 Meeting Date: April 18, 2023
for explosions of varying severity. One such example is the explosion that occurred in 2010 in San Bruno, causing the loss of eight lives and nearly 100 homes as the result of aging infrastructure and continued deferred maintenance by Pacific Gas and Electric (PG&E).8 Natural gas infrastructure is additionally vulnerable during seismic events where ruptured gas lines create a high fire risk that can lead to much greater property damage.
Additionally, a recent study has revealed equity and environmental justice concerns regarding an increase of natural gas leak density as it correlates to median household income and community racial demographics.9
Another primary consideration of pursuing a building electrification policy is the positive impact it will have on indoor air quali ty, especially for vulnerable populations. Indoor natural gas use for stovetop and oven cooking has been linked to an increase in respiratory diseases, including increased instances of wheezing and asthma, particularly in children. 10,11 The combustion of nat ural gas in homes can result in toxic levels of nitrogen dioxide, formaldehyde and carbon monoxide .12,13 Ultimately, continued natural gas use has broader climate, health and public safety implications, including the significant social and financial costs as sociated with respiratory illness and poor indoor air quality.
Energy Resilience and Reliability
As a community located at the end of the Southern California Edison (SCE) power lines in a high -risk wildfire region, Goleta and its electric grid are vulne rable to local natural disasters and climate-driven heat events. While the state has done much to improve the development of renewable energy resources, California still relies upon natural gas to provide power when renewable sources are not active and maintain grid reliability. Public Safety Power Shutoffs, continuous wildfire risk, and aging natural gas infrastructure remain frequent threats and of significant concern to energy reliability for the City of Goleta.
Following the rotating blackouts of August 2020, the California Public Utilities Commission doubled down on enhancing the procurement for and management of the grid with battery storage and demand response programs. In 2020, California had just 250 MW of battery
8 Five Years After Deadly San Bruno Explosion: Are We Safer?. KQED (2015). https://www.kqed.org/news/10667274/five-years-after-deadly-san-bruno-explosion-are-we-safer 9 Environmental Injustices of Leaks from Urban Natural Gas Distribution Systems: Patterns among and within 13 US Metro Areas. Environmental Science & Technology. (2022) https://pubs.acs.org/doi/10.1021/acs.est.2c00097
10 Andee Krasner, MPH & T. Stephen Jones, MD, MPH. Cooking with Gas Can Harm Children: Cooking with Gas is Associated with Increased Risk of Childhood Respiratory Illnesses, Including Asthma. (2019) 11 Weiwei Lin, Bert Brunekreef, and Ulrike Gehring. Meta -analysis of the Effects of Indoor Nitrogen Dioxide and Gas Cooking on Asthma and Wheeze in Children. International Journal of Epidemiology 2013; 42:1724–1737 12 Methane and NO x Emissions from Natural Gas Stoves, Cooktops, and Ovens in Residential Homes. (2022).
Environmental science & technology, 56(4), 2529-2539.
https://pubs.acs.org/doi/10.1021/acs.est.1c04707
13 “Pollution in the Home: Kitchens Can Produce Hazardous Levels of Indoor Pollutants,” Julie Chao, Lawrence Berkeley National Laboratory, July 23, 2013, https://newscenter.lbl.gov/2013/07/23/kitchens-can-produce-hazardous- levels-of-indoor-pollutants/
4 Meeting Date: April 18, 2023
storage installed on the grid ; however, when high heat events occurred in September 2022, the state was supported by over 3.2 GW of battery storage (discharging more electricity than the capacity of Diablo Canyon back into the grid when needed). 14 The addition of battery storage capacity paired with demand response programs helped keep the grid online for California in 2022 during an extended, historic heat wave.
The 2022 Energy Code focuses on expanding solar PV system and battery storage standards to make clean energy available onsit e and complement the state’s progress toward a 100% clean electricity grid. In the latest building and energy code, installation of solar became a requirement for newly constructed residential and commercial buildings.
Additionally, energy storage systems are required for all new commercial buildings. This addition to the standard code improves energy resiliency and reduces strain on the grid.
While some industry professionals and proponents of natural gas commonly state that mixed-fuel buildings have a gr eater resiliency in the event of an electrical outage, many modern gas appliances (e.g., furnaces, stoves) rely upon an electric ignition to operate.
Natural gas outages take significantly longer to repair than those in the electric system, taking sometimes months or years to come back online. As an area that is subject to wildfires, earthquakes, and debris flows, the prospect of an extended outage is of critical concern. Additionally, in the event of an outage, electric-reliant ventilation for natural gas stove use is unavailable and exacerbates unhealthy indoor air quality.
While concerns about grid reliability in our community are valid, the emergence of battery storage and electricity management programs , in addition to solar requirements in new development, can alleviate potential impacts of lost electricity service from grid outages.
In modern developments, smart thermostats and energy management software that allow for demand management are commonplace and a key feature for new all -electric buildings. For example, “using heat pump water heaters as thermal batteries can help match the timing of electricity demand to the generation of renewable energy, as well as reduce the severity of the late -afternoon demand ramp as solar output rapidly decreases.”15
Ordinance Elements & Applicability
The primary portion of the ordinance is the prohibition of fuel gas infrastructure in newly constructed buildings. This prohibition includes provisions that inactive fuel gas infrastructure shall not be activated, have a meter installed, or otherwise operated unless the applicant files and is approved for an exemption. This core element supports the advancement of building electrification in line with the state’s advancing policies, prevents future “lock-in” methane emissions in new buildings, and will result in improved indoor air
14 How Clean Energy Kept California’s Light’s On During a Historically Extreme Heat Wave. Forbes. September 19, 2022. https://www.forbes.com/sites/energyinnovation/2022/09/19/how-clean-energy-kept-californias-lights-on-during- a-historically-extreme-heat-wave/?sh=730fb1c446bb
15 CEC,2019 Integrated Energy Policy Report, February, 2020. Pg. 176 https://www.energy.ca.gov/data- reports/reports/integrated-energy-policy-report/2019-integrated-energy-policy-report 5 Meeting Date: April 18, 2023
quality for building occupants.16 As a note, the proposed fuel gas infrastructure prohibition would not apply to the use of portable propane appliances for outdoor cooking or heating.
What constitutes a “Newly Constructed Building” varies amongst local jurisdictions who have adopted Reach Codes across California . At the January 2023 Energy & Green Issues Standing Committee meeting, the Committee recommended pursuing a definition that matched thresholds of the most recently adopted codes and sets a strong precedent for the region . The C ommittee supported using a definition of “Newly Constructed Buildings” that has a threshold of 50% for additions and alterations to capture more major renovation projects under the proposed all-electric new construction requirements.
Identifying the preference for a 50% threshold helped solidify the scope of the building electrification ordinance and will assist developers and the public in navigating the thresholds that trigger electrification.
During the final review process for the ordinance with Goleta’s Building and Planning staff, the “Newly Constructed Building” definition was further refined and clarified to simplify the implementation process and complement the City’s existing building codes . Per the proposed ordinance, a “Newly Constructed Building” is defined as:
A new building that has never before been used or occupied for any purpose or removal and replacement of an existing building. An existing building is removed and replaced for the purpose of this definition when either: (a) it is completely demolished and replaced with a new building; or (b) it is partially removed and replaced, and the removal and replacement involved any of the following:
1. More than 50 percent of the existing foundation is removed, for purposes other than a repair or reinforcement, or is no longer a necessary and integral structural component of the overall structure as defined in California Existing Building Code Section 202, including, but not limited to: perimeter concrete foundation, retaining walls, post and pier foundations, or similar elements that connect a structure to the ground and transfer gravity loads from the structure to the ground.
2. More than 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair.
An alteration includes replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or when over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair.
16 2022 Building Energy Efficiency Standards Summary. California Energy Commission. https://www.energy.ca.gov/sites/default/files/2021-08/CEC_2022_EnergyCodeUpdateSummary_ADA.pdf
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This definition is designed to capture significant alterations and additions in addition to brand-new, unoccupied construction to address portions of the existing building stock undergoing significant renovation. Minor adjustments to the building and any tenant improvements are not considered to be new construction and will not need to transition to all-electric.
Periodic Review
An additional provision of the ordinance is a periodic review of the clauses by staff, set at an interval of every three years, which is consistent with the California building code cycle.
This provision allows for staff to assess any potential adjustments to the ordinance language, its internal implementation, and to potentially expand measures to better meet the changing building requirements and best practices across the state. This clause has also been commonly included in other Reach Codes, such as those adopted by the Cities of Santa Barbara, Santa Cruz, and Berkeley.
Exemptions
Staff evaluated exemption options by analyzing local and adopted ordinances across the state provided by the California Energy Codes & Standards program.17 Exemptions have been of interest to local developers throughout Reach Code development in local governments. However, some jurisdictions have recently updated their Reach Codes to reduce the prevalence of previously adopted exemptions. In January 2023, the Ojai City Council voted to remove nine exemptions that they previously incorporated in their Reach Code, removing exemptions for attached and detached ADUs, emergency generators, restaurants, and swimming pools. When there are exemptions within a fuel gas prohibition, there are trade -offs, such as less GHG emissions reduction, reduced cost - effectiveness, and a reduction in public health and hazard safety benefits. In the ordinance development process, the Energy & Green Issues Standing Committee agreed with the staff recommendation limiting exemption pathway s for new construction, additions, or alterations unless infeasible or cost prohibitive.
Exemptions were evaluated based on the criteria of the availability of alternatives to fuel gas technology, flexibility and feasibility for implementation, feedback from the public and stakeholders, and anticipated emissions and health impacts. The exemptions included in the proposed ordinance for new construction include:
Physical Infeasibility
Public Interest, including laboratories and clean rooms Commercial Cooking Equipment until 2026
Junior ADUs and attached ADUS developed within the existing building footprint where existing fuel gas infrastructure already serves the building for water and space heating
After the January 2023 Green Committee meeting , staff additionally added in a public interest exemption for laboratories and clean rooms following feedback from the Santa
17 2022 CODE CYCLE LOCALLY ADOPTED ENERGY ORDINANCES. California Energy Codes & Standards (2023). https://localenergycodes.com/content/adopted-ordinances 7 Meeting Date: April 18, 2023
Barbara South Coast Chamber of Commerce , and added an appeal process into the ordinance for exemption decisions to reflect standard Planning and Environmental Review practices. If adopted, staff will develop a simple application process for developers to apply for an exemption, which would be reviewed by P lanning and Environmental Review staff.
Electric Readiness for Qualifying Exemptions
An additional clause in the proposed ordinance supports electric readiness for newly constructed buildings that have exemptions for natural gas infrastructure. For applicants granted exemptions as determined by the ordinance, newly constructed buildings shall be required to have sufficient electrical capacity, including reserved circuit breakers, electrical conduit, subpanels, panels, switchboards, and transformers, to fac ilitate future full building electrification in accordance with the California Electrical Code and manufacturer specifications. The 2022 California Building Energy Efficiency Standards included electric readiness provisions for newly constructed residential development, but currently does not include electric readiness for non -residential new construction.
Including this clause in the City’s proposed building electrification ordinance would support the electric readiness of non -residential buildings, which are anticipated to be included in future California Building Codes to meet the state’s advancing emission reduction goals. The proposed clause is included in the ordinance in anticipation of these future Building Code requirements and would help prepare new buildings, and applicants who may be granted exemptions , with the ability to convert to all electric in an efficient manner at a later date.
Implementation Date
City staff, the County of Santa Barbara , and the City of Carpinteria are coordinating an implementation date of October 1, 2023 for the respective all -electric new construction ordinances. This date was selected to provide adequate time to develop exemption materials, conduct further outreach with the development community, and prepare local government staff for implementation. Any projects with submitted building permit applications prior to this date will be encouraged , but not subject to the all -electric requirements outlined in the proposed ordinance.
Regional Collaboration & Public Outreach
Over the past year, staff have engaged in regional coordination and collaboration with the County of Santa Barbara and City of Carpinteria to develop Reach Codes on new building electrification (Attachment 2). Additionally, the group has received technical and public outreach support from building and energy experts at the Tri -County Regional Energy Network, Colorado Energy Group, Southern California Edison, Pacific Gas & Electric, NegaWatt, Central Coast Community Energy, and the City of Santa Barbara.
The intent of th e Santa Barbara regional collaboration effort has been to align each jurisdiction with similar local building electrification policies , and to efficiently utilize local government resources by co-hosting and coordinating public workshops and other public engagement opportunities together. As a result of coordination and progress, all three local jurisdictions are on similar adoption and implementation timeframes. The City of 8 Meeting Date: April 18, 2023
Carpinteria and the County of Santa Barbara are presenting the first reading of the ir ordinances to their respective governing bodies beginning in April , and both are recommending a municipal health and safety prohibition on fuel gas in new construction, akin to the policy adopted by the City of Santa Barbara in 2021. The benefit s of coordinating local government building electrification ordinances are to increase clarity and consistency for developers (who typically operate across jurisdictional boundaries ), maximizing the effectiveness of emission reduction practices in new construction, and improving regional collaboration on taking climate action.
The regional group has held standing meetings to discuss policy avenues, share resources, and coordinate outreach strategy for stakeholders and the broader community (Attachment 2). The collaborative outreach process consi sted of soliciting and forming both an Advisory Committee of stakeholders and open public workshop s to engage the regional community on the topic of building electrification and Reach Codes. There have been three Advisory Committee meetings held- in September 2022, October 2022, and February 2023- that were open to the public and had an average of 25 attendees per meeting. At these meetings, local government staff presented on each stage of the Reach Code development and sought advice and feedback from stakeholders. Additionally, three public workshops were held in October 2022 and February 2023, reaching approximately 75 community members and stakeholders alike. At the se meetings, members of each jurisdiction provided an overview of Reach Code pathways and solicited feedback from attendees on considerations for policy development. Feedback at all six of these public meetings w as overwhelmingly positive for the pursuit of building electrification and Reach Codes , and attendees brough t up key considerations for exemptions and considerations for local government staff.
Staff from the County of Santa Barbara and City of Goleta presented to the Santa Barbara South Coast Chamber of Commerce Policy Committee in September 2022 and March 2023, and provided written Reach Code updates to the Chamber in -between meetings.
Santa Barbara Count y also presented to t he Santa Maria Valley Chamber and Cities - County Joint Affordable Housing Task Group Meeting in October 2022, and the County and cities of Goleta and Carpinteria presented to the Santa Barbara Association of Realtors and the Santa Barbara Regional Climate Collaborative Equity, Outreach & Advocacy Subcommittee in December 2022 . In addition, staff sought Advisory Meeting stakeholders at all presentations to the aforementioned groups. The regional Reach Code group additi onally organized two in -person induction cooking demonstrations in partnership with SCE and the Carpinteria and Goleta Valley Libraries in mid-March 2023 to provide public education around new electric cooking technologies, and to update the public on building electrification Reach Code development. Public comments received at the Goleta Valley Library workshop related to support for building electrification and interest in the City addressing electrification of existing residential development, especially regarding rental homes.
Outreach to the public and targeted stakeholders will continue through 2023, focusing on implementation and creating a streamlined exemption application process. As staff is anticipated to revisit this ordinance every three yea rs, continued outreach on building electrification and policy refinement, as well as tracking state and local efforts associated 9 Meeting Date: April 18, 2023
with building electrification, will be conducted to reflect best practices and electrification trends.
ENVIRONMENTAL REVIEW:
The adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA) per the State CEQA Guidelines Sections 15061(b)(3), 15307 and 15308, in that it can be seen with certainty that there is no possibility that the activity in quest ion may have a significant negative effect on the environment and the proposed ordinance will protect natural resources and the environment. The proposed Ordinance will not have an impact on the environment because the amendments do not directly facilitate new development, or changes in the type and intensity of land use.
GOLETA STRATEGIC PLAN:
The recommended action of adopting a Reach Code is related to the following goals and objectives from the City of Goleta’s 2021-2023 Strategic Plan.
City-Wide Strategy: Support Environmental Vitality
Strategic Goal : Promote renewable energy, energy conservation and local energy resiliency.
Objectives:
Explore adoption of a “Reach” Building Code
Continue to work with the Santa Barbara County Regional Climate Collaborative to share resources to address climate change
FISCAL IMPACTS:
There are no fiscal impacts related to this item.
ALTERNATIVES:
The City Council may elect to not pursue adopting an all-electric reach code or modify the proposed draft ordinance.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Robert Nisbet
Assistant City Manager City Attorney City Manager
10 Meeting Date: April 18, 2023
ATTACHMENTS:
1. Ordinance No. 23-__ entitled, “An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 8.19 (Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings) to Title 8 (Health and Safety) of the Goleta Municipal Code and Finding the Same Exempt from the California Environmental Quality Act”
2. Reach Code Process & Outreach Timeline
3. CEQA Notice of Exemption
4. Presentation
11 ATTACHMENT 1
An Ordinance No. 23-__ entitled “Ordinance No. 23-__ entitled, “An Ordinance of the City Council of the City of Goleta, California, Adding Chapter 8.19 (Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings) to Title 8 (Health and Safety) of the Goleta Municipal Code and Finding the Same Exempt from the California Environmental Quality Act.”
12 ORDINANCE NO. 23-XX
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GOLETA, CALIFORNIA, ADDING CHAPTER 8.19 (PROHIBITION OF FUEL GAS PLUMBING
INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS) TO TITLE 8 (HEALTH
AND SAFETY) OF THE GOLETA MUNICIPAL CODE AND DETERMINE THE
PROJECT TO BE EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.
WHEREAS scientific evidence has established that natural gas combustion, procurement and transportation produce significant greenhouse gas emissions that contribute to global warming and climate change; and
WHEREAS the Intergovernmental Panel on Climate Change estimates that global emissions need to be reduced by 45 percent from 2010 levels by 2030, and 100 percent by 2050 to prevent global catastrophe; and
WHEREAS, in 2016, the State of California enacted Senate Bill (SB) 32 to require greenhouse gas emissions to be reduced to 40 percent below 1990 levels by 2030 and in 2018 Governor Brown issued Executive Order B-55-18 establishing a statewide target of carbon neutrality by 2045; and
WHEREAS the City of Goleta (“City”) is situated along a wildland -urban interface and as a result is extremely vulnerable to wildfires and firestorms; and
WHEREAS human activities that release greenhouse gases into the atmosphere contribute to the increase of the worldwide average temperature, drought conditions, and length of fire seasons; and
WHEREAS Goleta’s energy use (from both electricity and natural gas) accounted for 40.4% of the community’s total emissions, and of that total energy use, natural gas use in buildings accounted for 40% of our community’s energy emissions, according to a greenhouse gas inventory prepared by 3CREN based on 2020 data; and
WHEREAS the provisions of this chapter are necessary to reduce the emission of greenhouse gases within the C ity with the intent to reduce the City’s contributions to climate change and in turn reduce likelihood of the spread of fires which have historically devastated the City due to its unique topography; and
WHEREAS this is chapter is also necessary to protec t health and safety of members of the public, as City residents suffer from asthma and other health conditions associated with poor indoor and outdoor air quality exacerbated by the combustion of natural gas; and
WHEREAS the City Council of the City of Go leta has adopted a Climate Action 13 Plan and Strategic Energy Plan, which recognize that rapid, far -reaching, and unprecedented changes in all aspects of society are required to limit global warming and the resulting environmental threat posed by climate change, including the prompt phasing out of natural gas as a fuel for heating and cooling infrastructure in new buildings; and
WHEREAS using electric heating and cooling infrastructure in new buildings fueled by less greenhouse gas intensive electricity is l inked to significantly lower greenhouse gas emissions and is cost competitive due to the cost savings associated with all-electric designs that avoid new gas infrastructure; and
WHEREAS all-electric building design benefits the health, welfare, and resiliency of the City and its residents; and
WHEREAS the most cost -effective time to integrate electrical infrastructure is in the design phase of a building project because building systems and spaces can be designed to optimize the performance of elect rical systems and the project can take full advantage of avoided costs and space requirements from the elimination of natural gas piping and venting for combustion air safety; and
WHEREAS it is the intent of the City Council to eliminate obsolete natural gas infrastructure and associated greenhouse gas emissions in new buildings where allelectric infrastructure can be most practicably integrated, thereby reducing the environmental and health hazards produced by the consumption and transportation of natural gas; and
WHEREAS City staff, the County of Santa Barbara, and the City of Carpinteria are coordinating an implementation date of October 1st, 2023, for their respective all-electric new construction ordinances to simplify regional implementation and compliance for the construction and development community.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF GOLETA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. RECITALS.
The City Council hereby finds and determines that the foregoing recitals, which are incorporated herein by reference, are true and correct.
SECTION 2. FINDINGS.
Pursuant to the Goleta Municipal Code, the City Council makes the following findings:
The amendment is in the interests of public health and safety and general community welfare. The new Chapter enhances long-term public health and welfare by contributing to the overall reduction of greenhouse gas (GHG) emissions and the reduction of emissions associated with natural gas transport and combustion by requiring 14 that all new buildings be constructed as all-electric buildings. The amendment will reduce the public safety risks associated with transporting natural gas in the City of Goleta and will improve indoor air quality and occupant health.
SECTION 3. CEQA. The City of Goleta has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA). As an initial matter, the adoption of this Ordinance is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the provisions contained her ein would have the potential to cause a significant effect on the environment. Further, this ordinance is also exempt from CEQA under the categorical exemptions set forth in Sections 15307 and 15308 of the State CEQA Guidelines in that the proposed Ordinance would institute regulatory requirements intended to protect the environment and natural resources, as the Ordinance will require the installation of less natural gas infrastructure and reduce the amount greenhouse gas (GHG) emissions in the City that ar e produced f rom buildings, and reduce the risk of catastrophic infrastructure failure, including explosions and fires caused by breaks and leaks in the natural gas distribution system as a result of upset conditions due to deferred maintenance or following an earthquake.
SECTION 4. ACTION AND CODE AMENDMENT.
The City Council, based on the findings of Sections 1, 2, and 3 above, hereby:
A. Finds the Ordinance to be exempt from the California Environmental Quality Act and adopts the Notice of Exemption and directs staff to file the Notice of Exemption within five calendar days from second reading; and
B. Adopts the proposed Ordinance adding Chapter 8.19 to the Goleta Municipal Code to read in its entirety:
Chapter 8.19 Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings
8.19.010 Title
8.19.020 Purpose
8.19.030 Applicability
8.19.040 Definitions
8.19.050 Prohibited Fuel Gas Infrastructure in Newly Constructed Buildings
8.19.060 Periodic Review of Ordinance
8.19.070 Qualifying Exemption
8.19.080 Appeal of Exemption Decisions
8.19.090 Electric Readiness for Qualifying Exemptions
8.19.100 Revocation of Qualifying Exemption
15 8.19.010 Title
This Chapter shall be known as “Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings” and may be so cited.
8.19.020 Purpose
The purpose of this chapter is to enhance long -term public health and welfare by contributing to the overall reduction of greenhouse gas (GHG) emissions and the reduction of emissions associated with natural gas transport and combustion by requiring that all new buildings be constructed as all -electric buildings. The provisions in this Chapter are designed to achieve the following objectives:
1. Reduce consumption of natural gas in the City of Goleta;
2. Reduce the risks associated with transporting natural gas in the City of Goleta;
3. Reduce GHG emissions associated with use of natural gas;
4. Lower the cost of building new residential and non-residential buildings; and
5. Improve indoor air quality and occupant health.
8.19.30 Applicability
1. The requirements of this Chapter shall apply to building permits for all Newly Constructed Buildings as defined in Section 8.19.040 proposed to be located in whole or in part within the City.
2. The prohibition of Fuel Gas Infrastructure as defined in Section 8.19.040 shall apply to building permit applications submitted to the City on or after the Effective Date of this Chapter.
3. The requirements of this Chapter shall not apply to the use of portable propane appliances for outdoor cooking or heating.
4. This chapter shall in no way be construed as amending California Energy Code requirements under California Code of Regulations, Title 24, Part 6, nor as requiring the use or installation of any specific appliance or system as a condition of approval.
E. The requirements of this Chapter shall be incorporated into the conditions of approval for building permit applications submitted to the City pursuant to Goleta Municipal Code Chapter 15.
8.19.040 Definitions
16 “Applicant” shall be defined as an any person, firm, partnership, association, joint venture, corporation, or any other entity or combination of entities, or State or local government agency applying for a permit for a Newly Constructed Building.
“Accessory Dwelling Unit (ADU)” shall be defined as the term is defined in subsection 17.41.030© of the Goleta Municipal Code.
“Commercial Food Heat -Processing Equipment” shall be defined as equipment used in a food establishment for heat -processing food or utens ils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.
“Electric Heating Appliance” shall mean a device that produces heat energy to create a warm environment by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions, as defined in the California Mechanical Code.
“Energy Code” shall refer to the California Ener gy Code, published by the California Building Standards Commission as adopted by reference in Chapter 15.15.010 of the City’s Municipal Code,
“Fuel Gas” shall be defined as natural, manufactured, liquefied petroleum, or a mixture of these, as defined in the California Mechanical Code published by the California Building Standards Commission as adopted by reference in Chapter 15.05.010 of the City’s Municipal Code, with local amendments thereto.
“Fuel Gas Infrastructure” shall be defined as fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the gas meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as defined in the California Mechanical Code, as adopted by reference in Chapter 15.05.010 of the City’s Municipal Code, with local amendments thereto.
“Junior Accessory Dwelling Unit (JADU)” shall be defined as the term is defined in subsection 17.41.030(C) of the Goleta Municipal Code.
“Mechanical Code” shall refer to the California Mechanical Code published by the California Building Standards Commission as adopted by reference in Chapter 15.05.010 of the City’s Municipal Code, local amendments thereto.
“Newly Constructed Building” shall be defined as a new building that has never before been used or occupied for any purpose or removal and replacement of an existing building. An existing building is removed and replaced for the purpose of this definition 17 when either: (a) it is completely demolished and replaced with a new building; or (b) it is partially removed and replaced, and the removal and replacement involved any of the following:
1. More than 50 percent of the existing foundation is removed, for purposes other than a repair or reinforcement, or is no longer a necessary and integral structural component of the overall structure as defined in California Existing Building Code Section 202, including, but not limited to: perimeter concrete foundation, retaining walls, post and pier foundations, or similar elements that connect a structure to the ground and transfer gravity loads from the structure to the ground.
2. More than 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair.
An alteration includes replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in C alifornia Existing Building Code Section 202; or when over 50 percent of the existing framing above the sill plate is removed or replaced for purposes other than repair.
8.19.050 Prohibited Fuel Gas Infrastructure in Newly Constructed Buildings.
Fuel Gas Infrastructure is prohibited in Newly Constructed Buildings for which a building permit for construction is issued by the City on or after October 1, 2023, unless an exemption under Section 8.19.070 applies.
8.19.060 Periodic Review of Ordinance
The City shall review the requirements of this ordinance every three years for consistency with the California Energy Code and the Energy Commission’s triennial code adoption cycle as applicable.
8.19.070 Qualifying Exemptions
A. Notwithstanding Section 8.19.060, minimally necessary and specifically tailored Fuel Gas Infrastructure shall be allowed in a Newly Constructed Building on a revocable basis limited to the duration of time during which one of the conditions set forth below is satisfied as dete rmined by the Planning and Environmental Review Director and the building continues occupancy as specified in the original construction drawings permitted by the City as a Newly Constructed Building.
1. Compliance Pathway. An Applicant may apply for an exemption if they establish that it is not feasible to construct the building without Fuel Gas Infrastructure. For 18 purposes of this exemption, “feasible to construct the building” means either an all- electric prescriptive compliance approach is available for the building under the Energy Code, or the building is able to achieve the performance compliance standards under the Energy Code using commercially available technology and a calculation method approved by the City.
2. Public Interest. An Applicant may apply for an exemption if they establish that the use serves the public interest and possible alternative technologies or systems that do not use Fuel Gas are unavailable . In determining whether Fuel Gas Infrastructure is in the public interest, the City will consider impacts on the health, safety, or welfare of the public.
a. For purposes of this Section, provision of Fuel Gas Infrastructure for laboratory equipment or clean-rooms in buildings designed for scientific or medical uses shall be deemed to be in the public interest provided that the infrastructure is limited to the capacity necessary for designated laboratory or clean-room areas.
3. Commercial Cooking. On or before January 1, 2026, an applicant may apply for an exemption to utilize Fuel Gas In frastructure for Commercial Food Heat - Processing Equipment.
4. JADUs & Attached ADUs . An Applicant may apply for an exemption to utilize Fuel Gas Infrastructure for water and space heating in a newly constructed, added or converted JADU if the existing building already has fuel gas service. This additionally applies to an attached ADU developed within the existing building footprint if the newly constructed ADU utilizes the pre -existing fuel gas infrastructure for water and space heating.
B. Concurrent with the building permit application, an Applicant seeking an exemption as identified in subsection A of this section must submit an exemption application to the City’s Planning and Environmental Review Director for approval. The burden shall be on the Applicant to demonstrate the grounds for an exemption and the submittal must include sufficient evidence for the Planning and Environmental Review Director to make the findings required in subsection A of this section. The Director’s decision shall become a condition of the development or building permit issued for the project.
8.19.080 Appeal of Exemption Decisions
Decisions of the Permitting Authority under this Chapter may be appealed as provided in Section 17.52.120 of the Municipal Code. The timely filing of an appeal within the 10-day appeal period shall stay all proceedings for the permit or action being appealed. A written appeal must be filed no later than the close of business of the Planning and Environmental Review Department on the last day of the appeal period. All appeals must be 19 accompanied by payment of the required fee established by City Council resolution.
Failure to file a timely appeal results in the decision becoming effective.
8.19.090 Electric Readiness for Qualifying Exemptions
A. Where Fuel Gas Infrastructure is permitted due to any qualifying or limited exemptions, Newly Constructed Buildings shall be required to have sufficient electrical capac ity, including reserved circuit breakers, electrical conduit, subpanels, panels, switchboards, and transformers, to facilitate future full building electrification in accordance with the California Electrical Code and manufacturer specifications, in additi on to all other code requirements, as certified by affidavit of either a registered design professional or a licensed electrical contractor.
B. Physical space for future Electric Heating Appliances, including equipment footprint and any associated ducting, shall be depicted on the construction drawings. The footprint necessary for future Electric Heating Appliances may overlap with non -structural partitions and with the location of currently designed combustion equipment.
8.19.100 Revocation of Qualifying Exemption
At such time as the conditions of the applicable revocable building and infrastructure exemption of this Chapter cease to be satisfied, the Fuel Gas Infrastructure shall either be capped, otherwise terminated, or removed by the entity previousl y entitled to the exemption, in a manner pursuant to all applicable codes.
SECTION 5. NO CONFLICT WITH STATE OR FEDERAL LAW. Nothing in this Chapter is intended to create any requirement, power, or duty that is in conflict with any federal or state law.
SECTION 6. SEVERABILITY. If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, p hrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect.
The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause, and phrase of this Chapter, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases is declared invalid or unconstitutional.
SECTION 7. CERTIFICATION. The City Clerk shall certify to the adoption of this ordinance and, within 15 days after its adoption, shall cause it to be published in accordance with California Law.
20 SECTION 8. EFFECTIVE DATE. This ordinance shall take effect on October 1, 2023.
INTRODUCED ON the ___ day of ________, 2023.
PASSED, APPROVED, AND ADOPTED this ________day of ______ 2023.
_________________________
PAULA PEROTTE
MAYOR
ATTEST: APPROVED AS TO FORM:
__________________________ _________________________
DEBORAH S. LOPEZ MEGAN GARIBALDI
CITY CLERK CITY ATTORNEY
21 STATE OF CALIFORNIA )
COUNTY OF SANTA BARBARA ) ss.
CITY OF GOLETA )
I, DEBORAH S. LOPEZ, City Clerk of the City of Goleta, California, do hereby certify that the foregoing Ordinance No. 23-__ was introduced on _______, and adopted at a regular meeting of the City Council of the City of Goleta, California, held on the _______, by the following roll-call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
(SEAL)
_________________________
DEBORAH S. LOPEZ
CITY CLERK
22 ATTACHMENT 2
Reach Code Process & Outreach Timeline
23 Reach Code Outreach & Timeline
Meeting Type Key:
Publicly Noticed Meeting
Interjurisdictional Collaboration Meeting
Internal Stakeholder
External Stakeholder
Public Events
5/23/22 - Reach Code Working Group Setup Meeting
6/6/22 - Reach Code Working Group Meeting
6/28/22 - Reach Code Working Group Meeting
7/18/22 - Reach Code Working Group Meeting
8/1/22 - Reach Code Working Group Meeting
8/10/22 - Building & Planning Coordination Meeting
8/15/22 - Reach Code Working Group Meeting
8/29/22 - Reach Code Working Group Meeting
9/12/22 - Reach Code Working Group Meeting
9/15/22 - Reach Code Advisory Committee Meeting #1
30 attendees
Recording
Slides
9/26/22 - Reach Code Working Group Meeting
9/28/22 - Santa Barbara South Coast Chamber of Commerce Public Policy Committee Presentation
Presentation
10/4/22 - County Board of Supervisors
Board letter, presentation, attachments and public comment Recording
10/6/22 - County Agriculture Advisory Committee Presentation Presentation
24 10/10/22 - Reach Code Working Group Meeting
10/10/22 - City of Carpinteria City Council
Recording
Staff Report
10/12/22 - Goleta Energy & Green Issues Standing Committee Meeting Packet
Presentation
10/12/22 - Building & Planning Coordination Meeting
10/13/22 @ 12:00 pm- Public Workshop for New Building Electrification Codes (Carpinteria, Goleta, County of Santa Barbara)
30 attendees
Workshop Slides
10/13/22 @ 5:30 pm - Public Workshop for New Building Electrification Codes (Carpinteria, Goleta, County of Santa Barbara)
15 attendees
Workshop Recording
Workshop Slides
10/18/22 - Reach Code Advisory Committee Meeting #2
20 attendees
10/27/22 - Cities-County Joint Affordable Housing Task Group Meeting
10/28/22 - Santa Maria Valley Chamber
11/7/22 - Reach Code Working Group Meeting
12/5/22 - Reach Code Working Group Meeting
12/5/22 - Santa Barbara Association of Realtor's Meeting 25 attendees
12/7/22 - Santa Barbara Regional Climate Collaborative - Equity, Outreach & Advocacy Subcommittee Presentation
1/9/23 - Carpinteria City Council
25 1/11/23 - Reach Code Working Group Meeting
1/23/23 - Goleta Energy & Green Issues Standing Committee Meeting Packet
Presentation
1/26/23 - Reach Code Advisory Committee Meeting #3
20 attendees
1/30/23 - Reach Code Working Group Meeting
2/9/23 - Santa Barbara Regional Climate Collaborative Membership Meeting
2/13/23 - Reach Code Working Group Meeting
2/21/23 - Building Electrification Ordinance Public Workshop 25 public attendees
2/27/23 - Reach Code Working Group Meeting
3/13/23 - Goleta Energy & Green Issues Standing Committee Meeting
3/17/23 - Induction Cooking Demonstration & Building Electrification Overview (in-person) - Goleta Valley Library
16 community attendees
3/18/23 - Induction Cooking Demonstration - Carpinteria Community Library 14 community attendees
3/27/23 - Reach Code Working Group Meeting
3/29/23 - Santa Barbara Chamber of Commerce Public Policy Committee Meeting 26 ATTACHMENT 3
CEQA Notice of Exemption
27 NOTICE OF EXEMPTION (NOE)
1 To: Office of Planning and Research From: City of Goleta P.O. Box 3044, 1400 Tenth St. Rm. 212 130 Cremona Drive, Suite B Sacramento, CA 95812-3044 Goleta, CA 93117
Clerk of the Board of Supervisors
County of Santa Barbara
105 E. Anapamu Street, Room 407
Santa Barbara, CA 93101
Subject: Filing of Notice of Exemption
Project Title: Amendments to the Goleta Municipal Code Adding Chapter 8.19, Entitled 'Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings’
Project Applicant: City of Goleta
Project Location (Address and APN): Goleta City Hall, 130 Cremona Drive, Suite B Goleta, CA 93117
Description of Nature, Purpose and Beneficiaries of Project: The City of Goleta City Council prioritized development of a Reach Code to encourage building electrification during the City’s Annual Work Program during review of the City of Goleta’s Planning and Environmental Review Department’s Annual Work Program in 2022. The purpose of Chapter 8.19 is to enhance long -term public health and welfare by contributing to the overall reduction of greenhouse gas (GHG) emissions and the reduction of emissions associated with natural gas transport and combustion by requiring that all new buildings be constructed as all-electric buildings.
The Ordinance proposes to prohibit fuel gas infrastructure in new construction, defined as a building that has never before been used or occupied for any purpose, and for the purposes of this Chapter shall include a construction project where an existing building is removed and replaced for purpose of this definition when either: (a) it is completely demolished and replaced with a new building; or (b) it is partially removed and replaced and the removal and replacement involved any of the following:
1. More than 50 percent of the existing foundation is removed, for purposes other than a repair or reinforcement, or is no longer a necessary and integral structural component of the overall structure as defined in California Existing Building Code Section 202, including, but not limited to: perimeter concrete foundation, retaining walls, post and pier foundations, or similar elements that connect a structure to the ground and transfer gravity loads from the structure to the ground; or
2. More than 50 percent of the existing framin g above the sill plate is removed or replaced for purposes other than repair.
. The provisions in Chapter 8.19 are designed to achieve the following objectives:
1. Reduce consumption of natural gas in the City of Goleta;
2. Reduce the risks associated with transporting natural gas in the City of Goleta;
3. Reduce GHG emissions associated with use of natural gas;
4. Lower the cost of building new residential and non-residential buildings; and
5. Improve indoor air quality and occupant health.
Name of Public Agency Approving the Project: City of Goleta
28 NOTICE OF EXEMPTION (NOE)
2 Name of Person or Agency Carrying Out the Project: City of Goleta
Exempt Status: (check one)
Ministerial (Sec. 15369)
Statutory (Sec. 21080.35)
Categorical Exemption: (Sec. 15307 & 15308)
Emergency Project (Sec. 15359)
Other: (Sec 15061(b)(3))
Reason(s) why the project is exempt:
The City of Goleta has determined that the adoption of this Ordinance is exempt from the California Environmental Quality Act (CEQA). As an initial matter, the adoption of this Ordinance is exempt from CEQA under State CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that there is no possibility that the provisions contained herein would have the potential to cause a significant effect on the environment. Further, this ordinance is also exempt from CEQA under the categorical exemptions set forth in Sections 15307 and 15308 of the State CEQA Guidelines in that the proposed Ordinance would institute regulatory requirements intended to protect the environment and natural resources, as the Ordinance will require the installation of less natural gas infrastructure and reduce the amount greenhouse gas (GHG) emissions in the City that are produced form buildings, and reduce the risk of catastrophic infrastructure failure, including explosions and fires caused by breaks and leaks in the natural gas distribution system as a result of upset conditions due to deferred maintenance or following an earthquake.
City of Goleta Contact Person and Telephone Number:
Dana Murray, Sustainability Manager, 805-961-7547
Peter Imhof Director, Planning & Environmental Review Date
29 NOTICE OF EXEMPTION (NOE)
3 If filed by the applicant:
1. Attach certified document of exemption finding
2. Has a Notice of Exemption been filed by the public agency approving the project?
Yes No
Date received for filing at OPR: _____________________________________________
Note: Authority cited: Section 21083 and 211110, Public Resources Code Reference: Sections 21108, 21152.1, Public Resources Code 30 ATTACHMENT 4
Staff Presentation
31 REACH CODE AND BUILDING
ELECTRIFICATION
Presentation to the Goleta City Council
April 18, 2023
Presentation by:
Dana Murray, Sustainability Manager
Angeline Foshay, Sustainability Management Assistant
32 Overview
April 18, 2023 City Council Meeting 2
1. Purpose &
Background
3. Recommendation
2. Proposed
Ordinance
33 Purpose: Reach Codes & Building Electrification
Purpose of hearing:
• Introduce and conduct the first reading by title only, waiving further r
eading of Ordinance No. 23-__ entitled, “An Ordinance of the City Council of the City of Goleta, California, Adding Chapter
8.19 (Prohibition of Fuel Gas Plumbing Infrastructure in Newly Constructed Buildings) to Title 8 (Health and Safety) of the Goleta Municipal Code and Determine the Project to be Exempt from CEQA.
”
April 18, 2023 City Council Meeting 3
34 Purpose: Alignment with City Plans
•2021-23 Goleta Strategic Plan
• 1.1.4. Explore adoption of a "Reach" Building
Code
• 1.1.5. Continue to work with the Santa Barbara
County R
egional Climate Collaborative to share
resources to address climate change
•"Reach Codes" identified by Council as the
top
priority for Sustainability's upcoming
projects during the 2022-23 PER Annual
Work Program process
April 18, 2023 City Council Meeting 4
35 Regional Collaboration
•Jurisdictions Developing Policy •Technical Assistance
April 18, 2023 City Council Meeting 5
36 State Law
•Senate Bill 32: California set targets to reduce statewide GHG emissions to:
• 40% below 1990 levels by 2030
• 80% below 1990 levels by 2050
•California Air Resources Board's 2022 Scoping Plan provides an implementa
tion pathway to meet the State’s carbon
reduction goals
•Recommends all-electric buildings for residential construction st
arting in 2026 and non-residential construction starting in 2029 April 18, 2023 City Council Meeting 6
37 Building Emissions
• Buildings are responsible for ~25% of CA’s GHG emissions; 40% of Goleta's community-wide
emissions
• CA cities rapidly implementing plans to cut pollution from homes and buildings to meet
the State’s energy targets for new construction, aiming to achieve zero-net-energy (ZNE) for all:
• New residential and municipal buildings by 2025
• New non-residential buildings by 2030
• ZNE is netting out a building’s annual energy usage to zero by providing offse
tting renewable energy and energy efficient buildings.
• Policy mechanism to achieve ZNE:
• California Energy Code - energy efficiency and renewable energy requirements • California Green Building Standards Code - requires that builders use energy-efficient technologies and cons
truction practices.
April 18, 2023 City Council Meeting 7
38 Reach Codes
•A local building energy code that
"rea
ches” beyond state
minimum requirements for
energy use in building design
and construction.
•Designed to encourage low-cost
all-electric ne
w construction of
healthier, efficient, safer, and
zero emission buildings.
April 18, 2023 City Council Meeting 8
39 Benefits of Electrification
•Significantly reduced GHG emissions
• Compounded further by the greening of state
electricity sy
stems
•Improved indoor air quality
• 60% of homes in the state that cook at least once a
week with a g
as stove produce toxic levels of
nitrogen dioxide, formaldehyde, and carbon
monoxide, which would exceed even outdoor air
quality standards.
•Reduced hazards to public safety in the event
of natur
al disasters
•Reduced construction costs
April 18, 2023 City Council Meeting 9
40 Energy Resilience & Reliability
•Grid Investments by utilities
•Electric vs gas appliances
• Heat pump water heaters: load shifting,
demand response
•2022 Building Code requires solar and
backup ba
ttery storage for most new
residential and commercial buildings
• Reduces electrical load on grid
• Solves for short term outages by
providing
renewable backup power to
residents and businesses
April 18, 2023 City Council Meeting 10
41 Policy Development Process (abridged)
Sept 15 - Reach Code Advisory Committee
Meeting #1
Sept 28 - Santa Barbara South Coast
Chamber of Commerce Public Policy
Committee
October 4 - County Board of Supervisors
October 6 - County Agriculture Advisory
Committee
October 10 - Carpinteria City Council
October 12 - City of Goleta Green
Committee
October 13 - Public Workshops for
New Building Electrification Codes
October 18 - Reach
Code Advisory Committee Meeting #2
October 27 - Cities-County Joint
Affordable Housing Task Group Meeting
December 5 - Santa Barbara Association of
Realtor's Meeting
December 7 - Santa Barbara Regional
Climate Collaborative - Equity, Outreach &
Advocacy Subcommittee Presentation
January 23 - City of Goleta Green
Committee
January 26 - Reach Code
Advisory Committee Meeting #3
February 21 - Public Workshop for New
Building Electrification Codes
February 23 - Memo to Santa Barbara
South Coast Chamber of Commerce Public
Policy Committee
March 13 - City of Goleta Green
Committee
March 17 - Electric Cooking
Demonstration at Goleta Valley Library
March 18 - Electric Cooking
Demonstration at Carpinteria Library
March 29 - Santa Barbara South
Coast Chamber of Commerce Public
Policy Committee
April 18, 2023 City Council Meeting 11
42 Pathway Chosen: All-Electric Policy via
Municipal Health & Safety Amendment
April 18, 2023 City Council Meeting 12
•Utilizes jurisdictional authority to amend Goleta Municipal Code Chapter 8 Health & Saf
ety to prohibit any new gas
infrastructure (hookups or piping) for new construction •Longest lasting option, would not require renewal and can be adjust
ed over time
•Would create regional consistency with City of Santa Barbara (adopted),
County of Santa Barbara (pathway recommended), and
City of Carpinteria (pathway recommended)
43 Proposed Ordinance
April 18, 2023 City Council Meeting 13
44 Core Components & Clauses
•Prohibition of fuel gas infrastructure in newly constructed buildings
•Does not apply to the use of portable propane appliances for outdoor cooking or hea
ting
•Staff revisit ordinance every 3 years in tandem with Building Code cycle f
or implementation evaluation and potential
updates
April 18, 2023 City Council Meeting 14
45 Newly Constructed Building Definition
• A building that has never before been used or occupied for any purpose; or • A construction alteration that includes replacement or addition of over 50% of the e
xisting foundation for purposes other than a repair or reinforcement; or • When over 50% of the existing framing above the sill plate is removed or replaced f
or purposes other than repair
•Minor alterations, additions, and tenant improvements not included
•50% trigger points adopted by County of Ventura, Belmont, Dublin, Los Gatos,
Milpitas, San Carlos, and Sunnyvale
April 18, 2023 City Council Meeting 15
46 Exemption Evaluation & Considerations
April 18, 2023 City Council Meeting 16
•Availability of alternatives to fuel gas technology
•Flexibility and feasibility for implementation
•Emissions and health impacts
•Simple application process to request exemption
•No automatic exemptions
•Director of PER final decision
•Standard appeal process allowed
47 Exemption Options
April 18, 2023 City Council Meeting 17
•Physical Infeasibility
•No electric alternative available
•Standard inclusion
•Public Interest
•Allows for flexibility on case by case basis
•Clean rooms and labs
•Backup generators for critical facilities
•Still requires prewiring for electrification
48 Exemption Options
April 18, 2023 City Council Meeting 18
•Commercial Cooking Equipment
•Included in ~60% of all-electric
reach c
odes.
•Indoor air quality considerations for
work
ers.
•Electric alternatives are widely
av
ailable for most appliances.
•Approved exemptions expire
on
January 1, 2026.
49 Exemption Options
April 18, 2023 City Council Meeting 19
•Attached ADUs & JADUs
•Only exempt for attached ADUs and JADUs that are
fully within the existing building footprint wher
e fuel
gas infrastructure already provides space and water
heating
•Included in ~25% of reach codes – examples in
Oakland, Santa Monica, San Luis Obispo
50 Electric Readiness for Qualifying Exemptions
•Would ensure sufficient electrical capacity for new buildings with approv
ed fuel gas infrastructure exemptions
•Eases future conversion to all-electric where possible •Electric readiness for new residential and commercial builds is already re
quired by the 2022 California building code
April 18, 2023 City Council Meeting 20
51 21
Recommendation:
April 18, 2023 City Council Meeting
Introduce and conduct the first reading by title
only, waiving further reading of Ordinance No.
23-__ entitled, “An Ordinance of the City
Council of the City of Goleta, California, Adding
Chapter 8.19 (Prohibition of Fuel Gas Plumbing
Infrastructure in Newly Constructed Buildings)
to Title 8 (Health and Safety) of the
Goleta Municipal Code and and Determine the
Project to be Exempt from CEQA.”
52