PREPARED BY: Robert Gray
Building Official
_________________________________________________________________________________________ Reviewed by: Town Manager, Town Attorney, and Finance Director 110 E. Main Street Los Gatos, CA 95030 ● (408) 354-6832 www.losgatosca.gov
TOWN OF LOS GATOS
COUNCIL AGENDA REPORT
MEETING DATE: 12/03/2024
ITEM NO: 16
DESK ITEM
DATE: December 3, 2024
TO: Mayor and Town Council
FROM: Chris Constantin, Town Manager
SUBJECT: Introduce An Ordinance to Repeal Town Code Sections 6.120.060, 6.120.070, and 6.120.080 (All Electric Construction Requirements).
Ordinance Title: An Ordinance of the Town Council of the Town of Los Gatos Repealing Section 6.120.060, “All Electric Construction Definitions,” Section
6.120.070, “Residential All Electric Construction,” and Section 6.120.080, “Nonresidential All Electric Construction” of the Town Code.
REMARKS:
Attachment 3 contains the staff presentation.
Attachments Received with the Staff Report:
1. Draft Ordinance repealing the Town’s all-electric construction requirements
2. Redline Code
Attachment Received with this Desk Item:
3. Staff Presentation
This Page Intentionally Left Blank
Introduction of an Ordinance
Repealing All-Electric Reach
Code
Town Council Meeting
December 3, 2024
ATTACHMENT 3
BACKGROUND
In 2022, Town adopted an ordinance
requiring all-electric infrastructure in new
construction
BACKGROUND
In 2023, a Ninth Circuit court invalidated
Berkeley’s all-electric ordinance on the
grounds that it was preempted by federal
Energy Policy and Conservation Act
BACKGROUND
In 2024, the California Restaurant Association
contacted the Town to request that the Town
repeal its all-electric ordinance in light of the
Berkeley decision
BACKGROUND
In light of the Berkeley decision, staff
recommends that the Town repeal its allelectric ordinance
BACKGROUND
If an ordinance repealing the existing allelectric is introduced, it will return for adoption on December 17th and take effect
30 days after adoption
Chapter Title Date
DISCUSSION
Replacement Ordinance
Staff has engaged a consultant to draft a
replacement ordinance that regulates Nox
emissions rather than energy use.
Chapter Title Date
DISCUSSION
Replacement Ordinance
The consultant anticipates bringing a
proposed ordinance to the Town Council
for introduction on December 17th