1 STAFF REPORT TO THE CITY COUNCIL
DATE: Regular Meeting of February 8, 2022
TO: Members of the City Council
VIA: Dante G. Hall, City Manager
SUBMITTED BY: Robert Reber, Community Development Director Larissa Alchin, Contract Assistant Planner
SUBJECT: Continued discussion from City Council meeting held January 11, 2022, on decarbonizing buildings through possible adoption of an all -electric building code amendment
RECOMMENDED ACTION:
Discuss and provide direction if and what type of all -electric ordinance should or should not be pursued.
COMMISSION/SUBCOMMITTEE ACTION AND RECOMMENDATION:
No Commission or Subcommittee actions or recommendations are yet applicable for this action. If an ordinance were to be considered, it would require Planning Commission review. If Council directs staff to initiate adoption of an all -electric ordinance, staff recommends that the process be completed early enough that it can be approved by the California Energy C ommission (CEC) no later than September 2022, prior to the start of the next building code cycle that will take effect January 1, 2023.
FISCAL IMPACT OF RECOMMENDATION:
If Council desires an ordinance be drafted, additional but unknown staff and attorney time will be needed to draft the ordinance, notice and hold required public hearings, and then implement a mandatory program, which would also affect costs of construction in Hercules.
BACKGROUND:
At the regular City Council meeting held on September 28, 2021, following a presentation by staff, City Council members present agreed to continue the discussion to a date uncertain to enable the full City Council an opportunity to provide feedback to staff. The September 28 staff report to City
2 Council provided an in-depth look at all-electric ordinances (see Attachment 1). At the regular City Council meeting held January 11, 2022, following a presentation by s taff, Council members requested staff return w ith an update following Contra Costa Board of Supervisors vote on the County’s All-Electric reach code ordinance (see Staff Report Attachment 2)
Additionally, Council requested clarification on the cost associated with construction of an all - electric building to Hercules residents. The new Energy Code adopted by the State in August 2021 and effective on January 1, 2023, will require the following in newly constructed homes and businesses in Hercules and t hrough the State regardless of the City adopting an All -Electric Ordinance.
Extend PV systems and introduces battery storage standards to the following building types:
o High-rise multifamily (apartments and condos)
o Hotel-motel
o Tenant space
o Office, medical office, and clinics
o Retail and grocery stores
o Restaurants
o Schools
o Civic (theaters, auditoriums, and convention centers)
Require single-family homes to be electric-ready, including:
o Electrical circuits for space heating, water heating, cooking/ovens, and clothes dryers.
o Electrical panel, branch circuits, and transfer switch for battery storage. o Dedicated circuits and panels to easily convert from natural gas to electric in the future
Require most new homes and buildings statewide to be equipped with at least one heat pump for either space heating or water heating or face higher energy efficiency requirements. o Additionally, even if they don’t install an electric heat pump, they must provide the wiring and space to make it easy to install one in the future.
DISCUSSION:
On January 18, 2022, Conta Costa Board of Supervisors adopted Ordinance No. 2022-02 (Attachment 3) which amends the 2019 California Energy Code to require all newly constructed residential buildings, detached accessory dwelling units, hotels, offices, and retail buildings to be constructed as all-electric buildings without natural gas infrastructure. As previously stated, the ordinance applies only to new construction, however, it also covers any reconstruction of structures that are lost due to fire or natural disaster.
Direction to Staff
Staff is requesting the Council provide direction on the following:
3 1. Does the Council wish to adopt by reference the County’s adopted ordinance, or adopt an ordinance of its own?
2. If adopting the County’s code by reference would Council like to add exceptions? o Affordable housing projects
o Accessory Dwelling Units when the existing primary dwelling also has natural gas infrastructure.
o Medical
o Laboratories
o Emergency facilities
3. If the Council prefers to adopt its own ordinance would a prescriptive or a performance - based ordinance be preferred?
4. What projects would be subject to the ordinance?
o New single-family residential
o New multi-family residential
o New accessory dwelling units
o New commercial building
o Substantial remodel of existing buildings
5. When will the ordinance take effect?
o Immediately upon approval, which affects the
current 2019 building code
o With the 2022 update which takes effect January 1,
2023
ATTACHMENTS:
1. Staff Report to City Council – September 28, 2021
2. Staff Report to City Council – January 11, 2022
3. Contra Costa County Ordinance No. 2022-02 (adopted January 18, 2022)