Monday, March 14, 2022
4:30 PM
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
Remote Participation
Council Sustainability Committee
Agenda
March 14, 2022Council Sustainability Committee Agenda
COVID-19 Notice: Consistent with Assembly Bill 361/Gov Code 54953(e), the Council Sustainability Committee meeting includes teleconference participation by all Council Sustainability Committee members and the public.
Please click the link below to join the webinar:
https://hayward.zoom.us/j/83791937867?
pwd=NVlhUW5DcjRDbW00L3l1Mk1xeHdJZz09
Passcode: CSC#31422
Or Telephone: 833 548 0276 Webinar ID: 837 9193 7867 Passcode: 778913653 To submit written comments: Send an email to [email protected] by 1:00 p.m. the day
of the meeting.
Please identify the Agenda Item Number in the subject line of your email. Emails will be compiled into one file, distributed to the Council Sustainability Committee and City staff, and published on the City's Meeting and Agenda Center under Documents Received After Published Agenda.
PUBLIC COMMENTS:
REPORTS/ACTION ITEMS
Approval of Minutes from the Council Sustainability Committee (CSC) Meeting Held on January 10, 2022
MIN 22-0301.
Attachments: Attachment I January 10, 2022 CSC Meeting Minutes Considerations for the 2023 Reach Code - Information and Discussion
ACT 22-0262.
Attachments: Attachment I Staff Report
Attachment II EV Charging Requirements
Municipal Regional (Stormwater) Permit-MRP 3.0- Information and Discussion
ACT 22-0253.
Attachments: Attachment I Staff Report
FUTURE AGENDA ITEMS
March 14, 2022Council Sustainability Committee Agenda
Proposed 2022 Agenda Planning Calendar: Review and
Comment
ACT 22-0244.
Attachments: Attachment I Staff Report
ORAL REPORTS
STAFF ANNOUNCEMENTS
C0MMITTEE MEMBER ANNOUNCEMENTS & REFERRALS
ADJOURNMENT
Next Scheduled Meeting: Monday, March 28, 2022 (Special Meeting - Start Time: 5:30 p.m.)
Next Regular Meeting: Monday, May 9, 2022
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: MIN 22-030
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT
Approval of Minutes from the Council Sustainability Committee (CSC) Meeting Held on January 10, 2022
RECOMMENDATION
That the CSC reviews and approves the January 10, 2022 CSC meeting minutes. ..End
ATTACHMENTS
Attachment I January 10, 2022 Council Sustainability Committee Meeting CITY OF HAYWARD Printed on 3/11/2022Page 1 of 1
powered by Legistar™
CITY COUNCIL SUSTAINABILITY COMMITTEE MEETING
Remote Participation – Digital Zoom Meeting
January 10, 2022
4:30 p.m. – 5:51 p.m.
MEETING MINUTES
CALL TO ORDER: Meeting called to order at 4:30 p.m. by Mayor Halliday.
ROLL CALL:
Members:
Present:
▪ Barbara Halliday, Mayor/CSC Chair
▪ Elisa Márquez, City Council Member
▪ Francisco Zermeño, City Council Member
Staff:
▪ Alex Ameri, Director of Public Works
▪ Nicole Grucky, Sustainability Specialist
▪ Linda Ko, Senior Secretary (Recorder)
▪ Jeff Krump, Solid Waste Program Manager
▪ Jennifer Ott, Assistant City Manager
▪ Erik Pearson, Environmental Services Manager
▪ Nick Tabari, Audio Visual Specialist
▪ Carolyn Weisman, Climate Corps Fellow
▪ Elisa Wilfong, Water Pollution Control Administrator
PUBLIC COMMENT
There were no public comments.
1. Approval of Minutes of the Council Sustainability Committee (CSC) Meeting Held on November 8, 2021
The item was moved by Council Member Zermeño, seconded by Council Member Márquez, and approved unanimously.
2. Regulation of Direct Discharge of Stormwater from Private Properties – Information and Discussion
Elisa Wilfong, Water Pollution Control Administrator, gave a presentation on the Municipal Regional Permit (MRP) mandate to regulate properties that discharge stormwater directly to the City’s storm drain system and the recommended approach to address the mandate.
Council Member Márquez suggested that staff provide a gentle reminder to business owners, perhaps through the business license renewal process, to inform business owners of the requirements to monitor and clean up trash on their property.
Mayor Halliday inquired if there were any state or regional funds to assist with compliance with the mandate. Ms. Wilfong stated that staff is not aware of funds for private properties
but could guide and provide information to any private property owners who want to explore different options or technical assistance in getting trash capture devices installed.
Public Comment
There were no public comments.
3. Solid Waste and Recycling Franchise Agreement: Update on Negotiations; Request to Extend Franchise Agreement for 12 months until March 1, 2023; and Request to Extend Exclusive Negotiating Period until June 30, 2022 Jeff Krump, Solid Waste Program Manager, provided an update on the current status of negotiations with Waste Management of Alameda County (WMAC). Mr. Krump recommended the extension of the Solid Waste Franchise Agreement between Hayward and WMAC for 12 months until March 1, 2023, and the extension of the authorization for exclusive negations with WMAC until June 30, 2022.
All committee members expressed their support for both recommendations. Council Member Zermeño inquired if the Hayward Unified School District (HUSD) had a contract with Republic and Director Ameri confirmed that this was correct. Mayor Halliday suggested bringing up the topic of a possible combined City of Hayward and HUSD contract with WMAC at the next Hayward Local Agencies Committee (HLAC) meeting.
Council Member Márquez recommended that staff promote the bulky item pick-up service in The Stack Newsletter.
Public Comment
There were no public comments.
4. Information and Discussion on New California Recycling and Reuse Legislation Carolyn Weisman, Climate Corps Fellow, gave a presentation on the new California recycling and reuse bills: SB 343, AB 881, AB 1201, AB 962, and AB 1276.
All committee members thanked staff for the presentation and expressed their excitement to see the new measures come online. Council Member Márquez recommended that staff promote the information in The Leaflet and The Stack Newsletters.
Public Comment
There were no public comments.
5. Proposed 2022 Agenda Planning Calendar: Review and Comments Erik Pearson, Environmental Services Manager, shared the proposed 2022 agenda planning calendar with the Committee.
Public Comment
There were no public comments.
COMMITTEE MEMBER/STAFF ANNOUNCEMENTS AND REFERRALS:
Mr. Pearson announced that for the Climate Action Plan update that is being developed in conjunction with the Housing Element, posters were set up in the City Hall rotunda and the Hayward Library lobby to introduce the project to the community and to create exposure.
He also announced that on January 18th staff will be bringing a resolution to the City Council regarding net energy metering to seek a formal position from the Council. Staff will be recommending that the Council oppose the proposed decision and to support a more equitable policy framework.
Mr. Pearson also announced that the City of Hayward made the CDP A-list, being recognized for our sustainability efforts.
Director Ameri announced that the San Francisco Regional Water System has stated that they are possibly looking into a water rate increase of between 13% - 25%. If this were to be approved, the City of Hayward would be looking at a rate increase of between 9% - 15+% in order for the City to pay San Francisco for the additional whole cost of purchasing the water.
ADJOURNMENT: 5:51 p.m.
MEETINGS
Attendance Present
01/10/22
Meeting
Present
to Date This
Fiscal Year
Excused
to Date This
Fiscal Year
Absent
to Date This
Fiscal Year
Elisa Márquez ✓ 3 0 1
Barbara Halliday ✓ 4 0 0
Francisco Zermeño ✓ 4 0 0
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: ACT 22-026
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT
Considerations for the 2023 Reach Code - Information and Discussion
RECOMMENDATION
That the Council Sustainability Committee (CSC) reviews and comments on this report and provides direction to staff.
SUMMARY
Hayward’s current Reach Code will expire on December 31, 2022. To continue the current requirements that prohibit or limit the use of natural gas in new buildings and to continue to require electric vehicle charging infrastructure beyond what is required in the state building code, a new ordinance will need to be adopted. This report presents considerations for these two key components as well as other potential elements that may be included in a new Reach Code.
Staff has conducted some initial outreach for this first discussion on the 2023 Reach Code. Upon direction from the CSC, staff will continue to communicate with and seek input from development and business stakeholders. Specifically, staff intends to engage with the Chamber of Commerce and industrial property developers before returning to the CSC with more refined recommendations.
ATTACHMENTS
Attachment I Staff Report
Attachment II EV Charging Requirements
CITY OF HAYWARD Printed on 3/11/2022Page 1 of 1
powered by Legistar™
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT Considerations for the 2023 Reach Code – Information and Discussion
RECOMMENDATION
That the Council Sustainability Committee (CSC) reviews and comments on this report and provides direction to staff.
SUMMARY
Hayward’s current Reach Code will expire on December 31, 2022. To continue the current requirements that prohibit or limit the use of natural gas in new buildings and to continue to require electric vehicle charging infrastructure beyond what is required in the state building code, a new ordinance will need to be adopted. This report presents considerations for these two key components as well as other potential elements that may be included in a new Reach Code.
Staff has conducted some initial outreach for this first discussion on the 2023 Reach Code.
Upon direction from the CSC, staff will continue to communicate with and seek input from development and business stakeholders. Specifically, staff intends to engage with the Chamber of Commerce and industrial property developers before returning to the CSC with more refined recommendations.
BACKGROUND
On March 3, 20201, Council adopted a local amendment to the 2019 California Building Code known as a Reach Code. The Reach Code ordinance as well as checklists for builders and developers are available on the City’s website2. Following is a summary of Hayward’s current Reach Code requirements for new buildings:
Single-family and Multi-family Residential
New single-family homes and new low-rise multi-family buildings (up to 3 stories) must be designed and constructed as all-electric, meaning no natural gas appliances or natural gas plumbing.
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4345454&GUID=25134FC7-B7A3-4060-955A-F7A30A27567A&Options=&Search= 2 https://www.hayward-ca.gov/reach-code
Non-residential and High-rise Residential
Buildings can be designed to be either all-electric or mixed fuel. Mixed-fuel buildings can include natural gas plumbing and equipment and must:
o Install solar panels on the entire Solar Zone3; and
o Meet a minimum compliance margin of 10% (or 15% for office and retail) better than the calculated energy budget4; or
o Comply with a prescriptive list of energy efficiency requirements.
Hayward’s current Reach Code requirements for Electric Vehicle (EV) charging are summarized in Attachment II.
When Hayward’s Reach Code was adopted in March 2020, there were already twenty-eight such codes adopted by local jurisdictions throughout California. In December 2021, Contra Costa County became the 54th local jurisdiction to adopt an electrification reach code. On July 12, 20215, staff presented to the CSC a report on the first year of implementation of Hayward’s Reach Code.
DISCUSSION
The California Building Code is updated every three years. The 2019 California Building Code and Hayward’s Reach Code will both expire on December 31, 2022. The 2022 CalGreen Code will take effect on January 1, 2023. Some requirements that are new in the 2022 California Building Code:
Solar and battery storage will be required for new non-residential and highrise residential buildings. Previously solar was only required for single-family and low-rise multi-family Residential.
Buildings constructed as mixed-fuel will also be required to have panel capacity and wiring that will enable a future retrofit to make the building all-electric. Energy Efficiency - Heat Pump technology is now the standard for energy code compliance for space heating and water heating in new buildings.
In order to continue Hayward’s current Reach Code requirements, a new Reach Code must be adopted this year to be effective along with the 2022 California Building Code in January 2023. In 2019/2020, staff worked closely with East Bay Community Energy (EBCE) and their consultants to prepare Hayward’s Reach Code. This year, staff is working again with the same consultants through a regional collaboration led by EBCE, Peninsula Clean Energy (PCE), and Silicon Valley Clean Energy (SVCE). The working group created a website6 with model codes and resources. Following are key elements of possible new Reach Code and staff’s recommendation for each:
3 Solar Zone is defined by the Energy Code as an allocated space that is unshaded, unpenetrated, and free of obstructions. It serves as a suitable place that solar panels can be installed at a future date. 4 The “energy budget” is the building’s predicted annual energy consumption for heating, cooling and water heating as required by the Energy Code.
5 https://hayward.legistar.com/LegislationDetail.aspx?ID=5026497&GUID=6437B11F-586C-44D4-8933-ECE116DE1A91&Options=&Search= 6 https://bayareareachcodes.org/
1. New Residential Buildings – Staff recommends maintaining the current requirements so that all new single-family homes and all new low-rise multi-family buildings (up to 3 stories) must be designed and constructed as all-electric.
2. New Non-Residential and High-rise Residential Buildings – As noted above, the current Reach Code allows non-residential and high-rise residential buildings to be either all- electric or mixed-fuel. Of the permits applied for since the Reach Code went into effect, none have opted for the mixed-fuel approach as the all-electric approach is simpler and cheaper to design and build. Staff recommends eliminating the mixed-fuel option that is in the current Reach Code. However, a complete ban on the use of gas may necessitate having certain exceptions in the Reach Code, which can be difficult to enforce. A simpler approach that would not require exceptions would be to ban the use of gas for water heating and space heating. This would allow the use of gas for cooking and industrial purposes. Staff seeks the CSC’s direction and intends to continue to collect input from developers and EBCE’s consultants to develop requirements for new non-residential and high-rise residential buildings.
3. New Accessory Dwelling Units – The current reach code exempts Accessory Dwelling Units (ADUs) less than 400 square feet, which means they can include natural gas appliances for water heating, space heating, etc. As recommended by the model code, staff recommends requiring all new detached ADUs to be all-electric.
4. Existing Buildings (Residential and Non-Residential) – Staff is exploring the possibility of including a provision that would prohibit the extension of any existing fuel gas infrastructure to any system or device within a building. Such a prohibition could be subject to certain exceptions that could include industrial processes.
5. End of Flow – One example of a Bay Area city taking a unique approach to addressing existing buildings is the City of Half Moon Bay. On February 15, 2022, the City of Half Moon Bay7 adopted an ordinance that includes the following language: “No later than January 1, 2045, all buildings within Half Moon Bay shall be All-Electric Buildings or All- Electric Conversions and all Fuel Gas plumbing lines shall be capped and/or decommissioned.” This ordinance language will address appliances that are not replaced after the BAAQMD and/or CARB rules go into effect. Staff recommends this provision or something similar be considered for Hayward’s next Reach Code. In the meantime, staff can track the exceptions requested for certain industrial and commercial uses. If Hayward were to adopt such policy language in 2025, it would give building owners 20 years to prepare for compliance.
6. Existing Residential – While the provision listed above (#4) would limit the expansion of gas infrastructure in existing homes, it would not require replacement of existing gas appliances with electric models. Decarbonizing existing homes is necessary to reach our long-term greenhouse gas reduction goals, but it is very complicated and requires a thoughtful approach. Considerations include:
Equity
Financing and incentive programs
7 https://www.half-moon-bay.ca.us/761/Building-Electrification
Coordination with state and regional agencies.
Outreach and education strategy
Supplier and workforce availability.
Code language.
Staff is currently working with the Rocky Mountain Institute and their Equitable Building Decarbonization California learning cohort. Staff is partnering with the Local Clean Energy Alliance and eight other California jurisdictions to learn about equitable building electrification retrofits with a goal of preparing an equitable electrification strategy by the end of 2022.
Staff will continue to work with the Bay Area working group to explore the following potential policies to decarbonize existing homes:
Air Conditioning – Staff is working with the Bay Area working group to explore a potential requirement tied to the installation of air conditioning in existing homes, which would require replacement of a gas-fired furnace with a heat pump model.
Upgrade at Time of Major Renovation – Some jurisdictions have required appliance upgrades or related energy efficiency improvements that are triggered by major renovations to the home. Such requirements could significantly increase the cost of a remodel and could result in removal/disposal of equipment that has not reached the end of its useful life.
Upgrades at Time of Equipment Replacement – Some jurisdictions have considered requiring specific appliance upgrades that are triggered by appliance replacement at or near the end of its useful life. Staff is recommending this approach not be included in this years’ Reach Code for the following reasons:
The Bay Area Air Quality Management District (BAAQMD) regulates natural gas- fired space and water heating appliances (furnaces and water heaters) on a point-of-sale basis within the Bay Area. The regulations are based on nitrogen oxides (NOx) emissions, which are a precursor to ozone and secondary particulate matter (PM) formation. BAAQMD has drafted amendments that would effectively require electric space heating and water heating8. The draft rules, which could be considered for adoption in 2022, include:
o Effective January 1, 2027, a zero NOx standard for residential water heaters (with a heat input capacity less than 75,000 BTU/hr). o Effective January 1, 2031, a zero NOx standard for commercial water heaters/boilers (with a heat input capacity of between 75,000 BTU/hr and 2 million BTU/hr).
o Effective January 1, 2029, a zero NOx standard for all residential and commercial natural gas fired furnaces.
The California Air Resources Board staff released a draft State Implementation Plan (SIP)9 on January 31, 2022. The draft SIP includes a zero-emission standard,
8 https://www.baaqmd.gov/rules-and-compliance/rule-development/building-appliances 9 https://ww2.arb.ca.gov/resources/documents/2022-state-strategy-state-implementation-plan-2022-state-sip- strategy#:~:text=The%202022%20State%20SIP%20Strategy,all%20nonattainment%20areas%20across%20California.
which could go into effect in 2030, for furnaces and heaters. The SIP is scheduled to be considered by the Board in the summer of 2022.
7. EV Charging – Staff’s recommended requirements for EV charging, along with existing requirements and definitions, are in Attachment II. Hayward’s current reach code for multi-family buildings requires significant EV charging infrastructure. It requires all residential units to have some level of EV readiness - 75% of units must have a Level 2 EV Ready space; and 25% of units must have one Level 2 EV Capable space. The requirements have been especially difficult for developers of affordable housing. In the last two years, developers of two affordable housing projects requested exceptions to the EV charging requirements. The exceptions were approved as concessions allowed per the state’s density bonus law. This year staff reached out to several affordable housing developers and received the following comments:
One developer is designing a project for low-income seniors, and they do not expect many to have cars, let alone electric cars. The project is planned to have eighty dwelling units and thirty parking spaces.
One developer builds mostly smaller projects and has not experienced significant challenges with Hayward’s EV charging requirements.
One developer commented that the EV charging requirements have been very difficult and that they have not had much demand from tenants for charging.
However, they do understand the need for future capacity and would support requirements for EV capable parking spaces. The developed felt the current requirements are excessive and will result in un-used infrastructure.
Peninsula Clean Energy compiled information10 regarding EV charging needs for multi-family properties. They found that in residential settings, cars are typically parked for more than twelve hours. Given the average commute for a Bay Area resident is approximately 25 – 35 miles per day, charging needs can often be satisfied with a Level 1 charger (dedicated 120V 20-amp circuit), avoiding more expensive electrical capacity upgrades.
While the new CalGreen code will require 40% of spaces to have Level 2 readiness, the recommended model code requires the remaining 60% of spaces to be Level 1 EV Ready. For affordable housing projects, the model code recommends 15% of parking spaces have high power Level 2 chargers, 25% have low power Level 2 EV Ready spaces and 60% Level 1 EV Ready. While a typical Level 2 charger requires a 40-amp circuit, a low power Level 2 charger requires a 20-amp circuit, which saves on panel capacity and cost. Staff is seeking the CSC’s input and will also seek input from developers and continue to research best practices.
FISCAL IMPACT
Development of this years’ Reach Code will not impact the City’s General Fund. Time spent on research and writing of the Code will be completed by existing, budgeted staff.
Enforcement of Hayward’s current Reach Code has not resulted in significant costs/impacts to staff; however, the changes being considered for the new Reach Code may make it simpler and easier to enforce.
10 https://www.peninsulacleanenergy.com/ev-technical-resources/
ECONOMIC IMPACT
Local amendments to the California Energy Code require documentation to ensure the proposed requirements are cost-effective. This this years’ Reach Code could be adopted as a stand-alone ordinance and not an amendment to the Energy Code if it does not address energy efficiency. This approach would not require a cost-effectiveness study; however, the Statewide Codes & Standards Reach Codes team is preparing a study that may be used by local jurisdictions. The cost-effectiveness study completed in 2019 found that, generally, electric appliances are not more expensive compared to those fueled by natural gas. When considering the avoided cost of installing gas infrastructure (plumbing), in most cases, all- electric construction is cost-effective over a 30-year period.
The requirements for EV charging infrastructure will increase the cost of construction; however, future residents or employees can benefit from the cost savings of operating an EV compared to a gasoline vehicle. In addition, significant savings can be realized when installing EV Capable and EV Ready circuits at the time of new construction as compared with the retrofit of an existing building or existing parking lot.
A study prepared for the Bay Area working group found that the cost to install charging required by the 2022 CalGreen Code will cost approximately $127,000 for a 100-unit multi- family building. It also estimates that compliance with the recommended model reach code would cost approximately $167,000, and that the recommended model reach code for affordable housing projects would cost approximately $128,000 for a 100-unit building.
The key to keeping costs low is the installation of Automatic Load Management Systems (ALMS), which manage electrical loads across one or more electric vehicle chargers, circuits, or panels, and share electrical capacity and/or automatically manage power at each connection point. It is important to note that the costs noted above are just for panels, conduit, wiring and chargers and do not include costs for transformers or service upgrades as the need for such improvements will vary from site to site.
STRATEGIC ROADMAP
This agenda item supports the Strategic Priority of Combat Climate Change. Specifically, this item relates to the implementation of the following projects:
Project 1a Ban natural gas in new residential buildings (Completed with the March 2020 adoption of the Reach Code.)
Project 1b Require EV charging infrastructure in new construction (Completed with the March 2020 adoption of the Reach Code.)
Project 1c Explore feasibility of banning natural gas in non-residential (commercial) buildings
SUSTAINABILITY FEATURES
The use of electric appliances in homes and businesses avoids indoor air pollution associated with the burning of natural gas. Ending the use of natural gas and providing the
infrastructure needed for a transition to electric vehicles are both necessary to meet the City’s long term GHG reduction goals, which include:
30% below 2005 levels by 2025
55% below 2005 levels by 2030
work with the community to develop a plan that may result in the reduction of community-based GHG emissions to achieve carbon neutrality by 2045
PUBLIC CONTACT
The Bay Area working group hosted two workshops for building industry stakeholders and community members on February 15 and 16, 2022. Staff sent an email to 658 builders and developers to let them know about these workshops and the March 14 CSC meeting. At the February workshops, attendees were generally supportive of reach codes. Specific comments included:
Automatic Load Management (for EV charging) is critical and still new, and more education is needed.
Multi-family property owners said they do not want to be in the EV charging business. They requested that EV charging be required such that it is on the utility’s side of the electric meter.
In addition, staff reached out to six representatives of affordable housing developers and had phone conversations with three to review existing and potential EV charging requirements. Staff has conducted some initial outreach for this first discussion on the 2023 Reach Code. Upon direction from the CSC, staff will continue to communicate with and seek input from development and business stakeholders. Specifically, staff intends to engage with the Chamber of Commerce and industrial property developers before returning to the CSC with more refined recommendations.
NEXT STEPS
Upon direction from the CSC, staff will continue to work with the Bay Area working group and stakeholders to prepare a draft reach code ordinance for Council’s consideration. Following is a tentative timeline:
May 2022 Present refined/updated recommendations to the CSC June 2022 Present to draft Reach Code to the Planning Commission June 2022 Council Work Session to consider draft Reach Code July 2022 Present draft Reach Code Ordinance to CSC
October 2020 Council considers adoption
November 2020 File Reach Code with the California Building Standards Commission January 2023 Reach Code takes effect along with the 2022 CA Building Code
Prepared by: Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager
ATTACHMENT II
Electric Vehicle Charger Types
Level 1
15-20 Amp, 120 Volt (standard household
outlet)
Driving Distance provided: 3-4 miles/hour
Low Power
Level 2
20 Amp, 208/240 Volt
Driving Distance provided: 10-15
miles/hour
High Power
Level 2
40+ Amp, 208/240 Volt
Driving Distance provided: 25-30
miles/hour
DC Fast
Charge
80-400 Amp, 200-600 Volt DC (direct
current)
Driving Distance provided: 125-1000
miles/hour
EV Charging Infrastructure
EV Capable
Raceway (conduit), electrical capacity
(breaker space)
EV Ready
EV Capable + overcurrent protection
devices, wiring and outlet (i.e. full
circuit)
EVCI (electric
vehicle
charger
installed)
All equipment to deliver electricity to
EV
(aka EVSE = electric vehicle supply
equipment)
Existing & Potential EV Charging Requirements
2019
CalGreen
Hayward’s
Current Reach
Code
(% of dwelling
units)
2022 CalGreen
(% of parking
spaces)
Model Reach Code
(potential
requirements)
Multi-
Family
≤20
dwelling
units
10% of units
must have
one Level 2
EV Capable
space
100% Level 2
EV Ready
space
10% Level 2 EV
Capable
25% low power
Level 2 EV Ready
(35% total)
40% high power Level 2
EVSE
60% Level 1 EV Ready
(100% total)
Multi-
Family
>20
dwelling
units
10% of units
must have
one Level 2
EV Capable
space
75% Level 2 EV
Ready space;
and
25% Level 2 EV
Capable space
10% Level 2 EV
Capable
25% low power
Level 2 EV Ready
5% high power
Level 2 EVSE
(40% total)
40% high power Level 2
EVSE;
and
60% Level 1 EV Ready
(100% total)
Multi-
Family
Affordable
Housing
NA NA NA
15% high power Level 2
EVSE;
25% low power Level 2
EV Ready
60% Level 1 EV Ready
(100% total)
Hotel/
Motel NA NA NA
5% Level 2 EVSE;
and
25% low power Level 2
EV Ready
Existing and Potential EV Charging Requirements
2019
CalGreen
Hayward’s
Current Reach
Code
2022 CalGreen
Model Reach Code
(potential
requirements)
Single
Family &
Townhome
One Level 2
EV Capable
for one
parking
space per
dwelling
unit
Two Level 2 EV
Ready spaces
per dwelling
unit
No changes One Level 2 EV Ready
space
One Level 1 EV Ready
space
Non-Res
Office
6% Level 2
EV Capable
(for
buildings
with at least
10 parking
spaces)
20% Level 2 EV
Charger
Installed (for
buildings with
at least 10
parking spaces);
and
30% of spaces
must be EV
Capable
5% Level 2 EVCS;
and
10% Level 2 EV
Capable (for
buildings with at
least 10 parking
spaces)????
20% Level 2 EV
Charger Installed;
and
30% of spaces must
be Level 2 EV Capable
Non-Res
Non-Office
15% Level 2 EV
Charger
Installed
(for buildings
with at least 10
parking spaces)
10% Level 2 EV
Charger Installed;
and
10% of spaces must
be Level 2 EV Capable
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: ACT 22-025
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT
Municipal Regional (Stormwater) Permit-MRP 3.0- Information and Discussion
RECOMMENDATION
That the Council Sustainability Committee (CSC) reviews and comments on this report. ..End
SUMMARY
This report provides a summary of the reissuance for the third permit cycle Municipal Regional Permit (MRP), which is expected to be considered for adoption on July 1, 2022, by the San Francisco Bay Regional Water Quality Control Board (Water Board). The MRP contains stormwater regulatory requirements related to stormwater pollution prevention for both public and private properties and addresses municipal operations, new development, inspections, response to illicit discharges, education and outreach, water quality monitoring, and specific controls for pollutants of concern identified by the Water Board. This report presents the proposed changes in the new MRP, commonly called MRP 3.0. Staff requests that the CSC review and discuss this informational report.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 3/11/2022Page 1 of 1
powered by Legistar™
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT Municipal Regional (Stormwater) Permit-MRP 3.0- Information and Discussion
RECOMMENDATION
That the Council Sustainability Committee (CSC) reviews and comments on this report.
SUMMARY
This report provides a summary of the reissuance for the third permit cycle Municipal Regional Permit (MRP), which is expected to be considered for adoption on July 1, 2022, by the San Francisco Bay Regional Water Quality Control Board (Water Board). The MRP contains stormwater regulatory requirements related to stormwater pollution prevention for both public and private properties and addresses municipal operations, new development, inspections, response to illicit discharges, education and outreach, water quality monitoring, and specific controls for pollutants of concern identified by the Water Board. This report presents the proposed changes in the new MRP, commonly called MRP 3.0. Staff requests that the CSC review and discuss this informational report.
BACKGROUND
The National Pollution Discharge Elimination System (NPDES) program was established in 1972 by the Federal Clean Water Act (CWA). The NPDES program was amended in 1986 to regulate stormwater runoff and established a permitting structure for municipal discharge to the waters of the state. From 1990 to 2009 each municipality in the Bay Area was regulated under countywide stormwater permits with individual requirements specific to each county.
On October 14, 2009, the first regional stormwater permit, the MRP, was adopted by the Water Board. The MRP regulated municipalities within the counties of Alameda, Contra Costa, Santa Clara, San Mateo as well as the cities of Fairfield, Suisun, and Vallejo and the Vallejo Sanitation and Flood Control District. Municipalities and local agencies included in the MRP are referred to as ‘Permittees’.
The first MRP, adopted on October 14, 2009, was adopted as a five-year permit and administratively extended through December 2015. The permit was revised and MRP 2.0 was adopted on November 19, 2015, and became effective on January 1, 2016. MRP 2.0 was to expire on June 30, 2021, but was extended through July 1, 2022. The Water Board and the Bay Area Stormwater Management Agencies Association (BASMAA), a consortium of all Bay Area Stormwater programs, have conducted meetings since October 2019 to discuss the next permit and the implications of any proposed changes.
Staff’s last report to the CSC on the MRP was on January 11, 20211 and provided a summary of proposed changes to the MRP 2.0 at that time and the CSC requested to be kept abreast of the permit renewal process. Also, on January 10, 20222, staff reported to the CSC on the requirements in the current MRP to regulate properties that discharge stormwater directly to the City’s storm drain system, the recommended approach to address the requirements, and proposed amendments to the City’s Stormwater Management and Urban Runoff Control ordinance3 (Chapter 11, Article 5 of the Municipal Code).
The MRP 3.0 administrative draft was issued for comment on September 10, 2021 and Water Board staff hosted public hearings to present the draft on October 12 and 13, 2021. A 60-day comment period followed and staff participated in the comment effort through the Alameda Countywide Clean Water Program (ACCWP), of which Hayward is a member. The City submitted comments with the ACCWP to the Water Board in response to the administrative draft in December 2021.
DISCUSSION
As with the first and second MRP, the MRP 3.0 will include provisions prescribing best management practices (BMPs) that each municipality must implement to comply with stormwater pollution prevention requirements. Below is a list of provisions in the draft MRP
3.0 and the changes proposed for each:
C.1. Prohibitions and Limitations (list of prohibited non-stormwater discharges): No significant changes are proposed.
C.2. Municipal Operations: Minor changes are proposed for Provision C.2 including increased reporting and best management practices to minimize the impacts to streams and wetlands during rural road and public works maintenance and construction.
C.3. New Development and Redevelopment: One of the significant proposed changes is to lower the threshold for development projects required to have above-ground stormwater treatment from 10,000 square feet down to 5,000 square feet and to make stormwater treatment requirements apply to road repair projects. Previously, road repair projects were exempt. Also, large detached single-family home projects that create 10,000 square feet or
1 https://hayward.legistar.com/LegislationDetail.aspx?ID=4747799&GUID=B38B37E9-09C5-47B9-881D-B3FD7450E9BF&Options=&Search= 2 https://hayward.legistar.com/LegislationDetail.aspx?ID=5374350&GUID=DDFCFD4C-97BB-45B3-80A0- D93A23E07F9E&Options=&Search=
3 https://library.municode.com/ca/hayward/codes/municipal_code?nodeId=HAYWARD_MUNICIPAL_CODE_CH11PUUT_ART5STMAURRUCO
more of impervious surface would become regulated projects. Previously, all single-family homes were exempt from C.3 requirements. Changes to Green Infrastructure (GI) requirements would include a numeric target for new projects. The target would require new GI projects to treat at least three acres per every 50,000 population with a cap of ten acres in the five-year permit term. Given Hayward has a population of approximately 160,000, the City would need to install GI projects totaling nine acres by 2027.
C.4. Industrial and Commercial Site Controls: Additional reporting for industrial facilities regulated by the state and other aspects of C.4 inspection activities.
C.5. Illicit Discharge Detection and Elimination: Some additional tracking and reporting of illicit discharges and illegal dumping.
C.6. Construction Site Control: Some additional reporting.
C.7. Public Information and Outreach: Some additional reporting.
C.8. Water Quality Monitoring: All municipal Permittees are required to convene a Technical Advisory Group (TAG), either formed collectively or individually. The ACCWP, which includes all the Permittees in Alameda County, will likely create a sub-committee to serve as a TAG, in which Hayward can participate. The TAG is required to create a Low Impact Development Monitoring Plan, submit the plan by January 1, 2023, and implement the plan by 2024. The plan must include descriptive sampling and analysis of emerging pollutants of concern. In addition, the TAG must convene and develop a trash monitoring plan by September 30, 2022, and conduct monitoring by October 1, 2022.
C.9. Pesticides Toxicity Control: No significant changes are proposed in Provision C.9.
C.10. Trash Load Reduction: Currently, the mandate for trash reduction is 100% removal of trash from Permittee’s stormwater system by July 1,2022, as stated in the MRP 2.0. The Water Board is proposing to modify the current mandate and require a 90% compliance milestone for trash reduction for Permittees by July 1, 2023 and a 100% compliance milestone is proposed for July 1, 2025. The reduction credit for existing source control (product bans) will continue to be allowed to count towards the 90% compliance milestone until July 1, 2023.
New source control reductions will be allowed towards the 100% milestone until July 1, 2025.
Offsets for creek and shoreline cleanups as well as direct discharge controls (cleaning up homeless encampments) will no longer be applicable after June 30, 2025.
Those Permittees who will not meet the 90% compliance milestone by July 1, 2023, will be required to submit a report explaining how they will meet the 100% milestone by July 1, 2025. Hayward currently has 62% removal of trash and already submitted a plan to the Water Board for compliance with the current MRP trash mandate and staff is implementing the actions submitted in the plan. Staff plans to meet the compliance mandate and will keep the CSC informed of the City’s progress.
Permittees unable to attain 100% trash load reduction by June 30, 2025, would be required to submit a notice of noncompliance including a plan to come into compliance with the 100% mandate. Permittees may be granted additional time until June 20, 2026 to achieve 100% reduction.
MRP 2.0 also makes Permittees responsible for private properties over 10,000 square feet that contribute to trash pollution to the storm drain system. If those private properties have their own private storm drains that bypass the City’s storm drain inlets (meaning the City cannot treat their stormwater downstream) then the City must require them to control their trash or install their own full trash capture systems. The change in the MRP 3.0 proposes to remove the 10,000 square-foot minimum area. As reported to the CSC on January 10, 20224, staff has been mapping such properties per the current MRP requirement. If the 10,000 square-foot minimum is removed, the number of properties requiring assessment and inspections will grow significantly. Staff considers the current mandate reasonable and attainable.
C.11/C.12. Mercury Controls and Polychlorinated Biphenyls (PCBs) Controls: Provision C.12 states that Alameda County Permittees collectively have 9,374 acres of old industrial land likely to be contaminated with PCBs. The provision in the MRP 3.0 draft requires Permittees to, by June 2022, submit plans and schedules for implementing treatment controls addressing 10% (937 acres) of land classified as old industrial within Alameda County to reduce PCBs loads in stormwater.
C.13. Copper Controls: No significant changes are proposed in Provision C.13.
C.14. Bacteria Controls: Only applies to San Mateo Unincorporated County and City of Pacifica.
C.15. Exempted and Conditionally Exempted Discharges: Water Board staff is proposing more reporting requirements regarding cleanup procedures and regional coordination for emergency firefighting activities as well as convening a regionwide Firefighting Discharges Working Group with Water Board staff to identify and evaluate opportunities to reduce the impact of emergency discharges to the storm sewer.
C.16. Discharges to Areas of Special Biological Significance: No significant changes are proposed in Provision C.16.
C.17. Discharges Associated with Unsheltered Homeless Populations: This is a new Provision requiring identification of efforts to address discharges associated with homelessness as well as mapping encampments and other controls.
C.18 and C.19 (only applicable to San Mateo and Contra Costa Counties)
4 https://hayward.legistar.com/LegislationDetail.aspx?ID=5374350&GUID=DDFCFD4C-97BB-45B3-80A0- D93A23E07F9E&Options=&Search=
C.20. Cost Reporting: Each Permittee shall annually prepare and submit a fiscal analysis of the capital and operation and maintenance costs incurred to comply with the MRP.
C.21. Asset Management: Each Permittee shall develop and implement by June 30, 2025, an Asset Management Plan and include a Climate Change Adaptation Report to identify potential climate change-related threats to assets and appropriate adaptation strategies.
The MRP 3.0 draft provisions that have the most significant impact to the City are C.3 (specifically the regulated project criteria and GI requirements) and C.10 (trash reduction requirements). The current and proposed GI requirements require retrofit projects, including street improvements and bioswales, that are costly and time-consuming. The trash reduction requirements are also costly and time-consuming as they require installation of expensive trash capture devices and engineering resources. Hayward is currently at 62% trash reduction. Planned trash capture installation projects will increase the City’s percentage in the next two to three years. Many Permittees are experimenting with on-land pick up methods, combating illegal dumping, and inspection tactics to increase enforcement against property owners who do not take responsibility for trash generated on their property, to reach the 100% reduction goal.
In addition, private properties that are directly plumbed to the City’s stormwater pipes and bypass the City’s storm drain inlets also are required to meet the trash reduction requirements either through full trash capture or another equivalent method. These methods require a trash assessment verification to prove credit for trash reduction and require additional resources, both staff and equipment, to complete. To meet the 100% reduction goal, staff intends to increase stormwater inspections and enforcement, which will include asking businesses to clean up their properties and take an active role in managing trash from their establishments. City staff will review each business as appropriate prior to enforcement as current COVID conditions are a factor in the businesses’ ability to comply with stormwater regulations.
The ACCWP’s comments to the draft MRP 3.0 addressed the most significant changes with Provisions C.3 and C.10 in their letter to the Water Board. The letter includes the Program’s concerns related to changing development thresholds, deleting trash reduction credits, increasing regulation on small private properties for trash reduction, and the increase in administrative plans, meetings, and reporting. The letter provides suggestions to reduce the administrative burden and cost to municipalities with compromised permit language or to keep language as is from MRP 2.0. The ACCWP letter explains Permittees’ goals and progress to date show our collective commitment to protecting the environment and that the increase in regulation distracts from current efforts and will delay progress to improve stormwater quality.
ECONOMIC IMPACT
Compliance with MRP Provision C.10 will result in costs to some Hayward businesses as compliance with trash reduction will result in increased monitoring, trash pickup, and possibly installation of trash capture facilities as determined through stormwater inspection
and follow up for compliance. The cost of installing a trash capture device will depend on the shape and size of the storm drain inlets, number of inlets, and size of drainage area. The cost of a single device can range from a few hundred to thousands of dollars.
FISCAL IMPACT
The City’s compliance with the MRP is managed by Water Pollution Source Control (WPSC) staff within the Environmental Services Division of the Public Works & Utilities Department.
Implementing MRP Provisions with increased field duties, oversight, and administrator analysis and reporting, will increase the workload for WPSC staff. Funding for MRP-related activities is currently provided from the City’s stormwater enterprise fund, which is funded by property tax revenue. However, expenditures have increased and are expected to increase in the future. Staff is challenged with finding innovative tools and other resources to comply with the MRP but will continue to participate in the Alameda Countywide Clean Water Program and their committees to receive regional support for these efforts. As an example, Staff continues to seek external funding and grants for trash reduction and GI projects. Staff is currently in the design phase of a Caltrans-funded project to install two large trash capture devices – one at Arf Avenue near Hesperian Boulevard and one at Tennyson Road near I-880.
STRATEGIC ROADMAP
This agenda item relates to the Strategic Priority of Improve Infrastructure. Specifically, this agenda item relates to the implementation of the following projects:
Project 17: Meet regulatory requirements for zero trash in stormwater by installing trash capture devices
Project 17a: Install trash capture devices
Project 17b: Perform related trash reduction activities
SUSTAINABILITY FEATURES
Preventing pollution from entering the storm drain system will benefit Haywards’s aquatic ecosystems and the health of the San Francisco Bay and will help to create a clean and green community for Hayward residents and businesses.
PUBLIC CONTACT
No public contact has been made regarding this agenda item.
NEXT STEPS
The final revised draft MRP 3.0 will be released tentatively during mid-March, followed by a public hearing scheduled for mid-April. If appropriate, staff could convey the CSC’s comments to the Water Board at the April hearing. The MRP 3.0 is scheduled to be adopted by the Water
Board on July 1, 2022. Once adopted, staff will review all additional requirements and plan accordingly with staff duties and workload. Staff plans to report to the CSC in September of 2022 the final MRP 3.0 requirements as well as recommended changes to the City’s stormwater ordinance, if needed. Upon a recommendation from the CSC, staff would present the recommended ordinance amendments to Council in October 2022.
Prepared by: Elisa Wilfong, Water Pollution Control Administrator Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager
CITY OF HAYWARD
Hayward City Hall
777 B Street
Hayward, CA 94541
www.Hayward-CA.gov
File #: ACT 22-024
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT
Proposed 2022 Agenda Planning Calendar: Review and Comment
RECOMMENDATION
That the Council Sustainability Committee (CSC) reviews and comments on this report.
SUMMARY
The proposed 2022 agenda planning calendar contains planned agenda topics for the CSC meetings for the CSC’s consideration. This agenda item is included in every CSC agenda and reflects any modifications to the planning calendar, including additions, rescheduled items, and/or cancelled items.
ATTACHMENTS
Attachment I Staff Report
CITY OF HAYWARD Printed on 3/11/2022Page 1 of 1
powered by Legistar™
DATE: March 14, 2022
TO: Council Sustainability Committee
FROM: Director of Public Works
SUBJECT Proposed 2022 Agenda Planning Calendar: Review and Comment
RECOMMENDATION
That the Council Sustainability Committee (CSC) reviews and comments on this report.
SUMMARY
The proposed 2022 agenda planning calendar contains planned agenda topics for the CSC meetings for the Committee’s consideration. This agenda item is included in every CSC agenda and reflects any modifications to the planning calendar, including additions, rescheduled items, and/or cancelled items.
DISCUSSION
For the Committee’s consideration, staff suggests the following tentative agenda topics for 2022.
Underlined – Staff recommends item to be added to Approved Agenda Planning Calendar.
Special Meeting (in late March, date TBD)
Solid Waste and Recycling: Draft Terms for New Franchise Agreement - Discussion and Recommendation to Council
Monday, May 9, 2022
Energy Resilient Public Facility Program - Discussion and Recommendation to Council CAP Update – GHG Inventory & Forecast; Potential GHG Reduction Strategies & Recommended Environmental Justice Policies – Information and Discussion City Fleet Electrification & Electric Vehicle Charging – Information and Discussion Reach Code Ordinance - Refined/Updated Recommendations – Information and Discussion
Monday, July 11, 2022
Draft Reach Code Ordinance - Discussion and Recommendation to Council Annual Update on Implementation of Strategic Roadmap (Combat Climate Change projects) – Information and Discussion
September ____, 2022 (TBD)
Municipal Regional (Stormwater) Permit-MRP 3.0 and Recommended Amendments to the City’s Stormwater Ordinance
Draft Policies and Programs for Updated Climate Action Plan - Discussion and Recommendation to Council
Unscheduled Items
Low Carbon Concrete
Pilot Program for Reusable Dishware
EV Charging Requirements for Existing Multifamily Properties Ending Natural Gas Use by 2045
Recycled Water Phase 2 Project
NEXT STEPS
Upon direction from the Committee, staff will revise the above list as necessary and schedule items accordingly for upcoming meetings.
Prepared by: Erik Pearson, Environmental Services Manager
Recommended by: Alex Ameri, Director of Public Works
Approved by:
Kelly McAdoo, City Manager