From: Luke Morton/FGA
To: Council, City
Subject: 9/8/2025 Agenda item Adoption of an Emergency Ordinance Amending Palo Alto Municipal Code (PAMC) Date: Monday, September 8, 2025 11:20:14 AM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Some notes on the agenda item with respect to the water heating requirements. There were conceans expressed by the public about circumstances where Heat Pump Water Heaters could and couldn't be reasonably integrated into an existing home.
I work locally in Palo Alto as an energy and green building analyst for Fergus Garber Architects and Heather Young Architects-- I have many years of experience on projects in Palo Alto and surrounding areas.
The proposed ordinance and presentations support local implementation and support for BAAQMD rules that would require zero--NOx emissions on new water heating equipment.
Such equipment, per the testing procedure and protocol, would effectively have to be electric powered equipment as no atmospherically combusted equipment would be able to satisfy the testing. So, it's a back-handed way of requiring electric equipment. This would include both heat pump as well as electric resistance tanked and tankless water heaters-- all of those should meet the air quality rules.
However, many homeowners experience significant challenges when trying to permit a gas-to- electric water heater conversion when the electric water heater is NOT a heat pump water heater and are looking to the city to reconcile these challenges with the stated goals.
That is-- "You say you're promoting and even requiring electrification, so why can't I get a permit for my electrification project?!!!"
And this is due to the Energy Code-- Title 24 part 6, which does not prescriptively allow for fuel substitution in that specific manner. The Energy Code is concerned with energy efficiency and conservation and not with carbon emissions (at least not explicitly) and the 'prescriptive' changeout requires a heat pump water heater which is ~3 times more efficient.
A few points that you may inquire of staff, but I thought I would weigh in on as a practicing energy consultant as I may have more first hand knowledge:
The Energy Code does not, nor cannot prohibit electric resistance water heating. Such products are generally allowed in non-residential buildings, but for residential dwelling units, then they are not prescriptively allowed. The "Prescriptive" pathway is one of two compliance pathways in the energy code, the other being the 'Performance' pathway which is used by most new and renovated homes. The Prescriptive pathway is a kind of 'fixed recipe' for compliance with the code. If you meet all the criteria of the Prescriptive pathway, then you comply. However if you don't like ALL the criteria, then you would use the Performance pathway. The Performance pathway allows for specific modeling of the energy use of the whole building and for tradeoff in efficiencies among heating and cooling and DHW (domestic hot water) loads. The Performance pathway compares the 'proposed design' home to a 'standard design' home with all the prescriptive elements. A compliant project uses less energy than the 'standard design' home when run in an annual simulation using the State's compliance software (called CBECC-Res, though there are commercial products such as EnergyPro that are also approved for compliance)
As mentioned before, when an electric resistance water heater is modeled in the Proposed Design, it is compared to a heat pump water heater in the Standard Design, and thereby incurs a significant penalty. Since the Energy Code has improved the efficiency so much in the rest of the building, water heating can be the majority of remaining energy consumption, and as such, the penalty for the electric tank is quite significant. Example: I have some homes that are small (not much in the way of heating and cooling) where water heating is 80-90% of the homes energy budget.
It is almost always possible to get an electric resistance water heating system to comply. The easiest measure to greatly improve that system's efficiency is to install a solar hot water system (note solar PV is not generally accepted as a compliance variable here for reasons I won't get into-- ONLY approved solar hot water collectors will help in getting compliance for electric water heaters). Some homeowners find solar hot water systems expensive and not palatable, especially in comparison to the cost of the water heater alone. Example--a typical electric resistance unit will cost $1k installed (order of magnitude) while an additional solar hot water system can cost roughly 10x that. It may still be quite cost-effective given lifetime costs, but the first costs and cost differences feel punitive. A heat pump water heater typically costs $4-$8k installed.
The City cannot alter the State code to make it more lenient on electric resistance water heating.
I will now speak for a minute as to why homeowners are looking towards electric tank and tankless systems instead of heat pumps for their electrification projects. These are projects where integrating a heat pump water heater is difficult and/or expensive due to project specific constraints. A heat pump water heater is quiet, but it's not silent. It also extracts heat out of the surrounding air (or ducted air supply) so it should also be put into a place where that ventilation air can be provided and where noise and coolth coming off of it won't be a comfort issue. Many of these projects are retrofits where the existing water heating system is a gas tankless (which had long been heralded as the best in class for efficiency until recently). Due to a myriad technical and code challenges, a drop-in replacement of a heat pump water heater is NOT a trivial, nor inexpensive matter.
Nothing in the proposed ordinance exacerbates nor ameliorates these challenges as I see it.
If Palo Alto citizens comment that they are concerned about these challenges, then I believe that there are many remedies that could be considered in furtherance of this proposed municipal code change, and without compromise to the intent of other municipal codes.
I hope this letter is helpful disinterested commentary in support of the Staff's presentation today. I can also comment and speak to the specifics of the AC-to-HP code as I was among the proofreaders for it, but it did not appear that there was as much concern about this proposal.
I plan to be logged on to the meeting remotely this evening, and in support of staff (in spirit at least) as a member of the public.
--Luke Morton
Fergus Garber Architects and Heather Young Architects
From: Matt Schlegel
To: Council, City
Subject: New Energy Reach codes
Date: Monday, September 8, 2025 10:48:09 AM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
i
Dear Council Members,
Please vote in favor of the new energy reach codes on Monday.
Thanks
Matt
This message needs your attention
You've never replied to this person.
Mark Safe Report
Powered by Mimecast
From: Kat Snyder
To: Council, City
Subject: Public comment - item 19 reach codes
Date: Monday, September 8, 2025 9:17:13 AM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
i
Dear Council,
I support the staff proposal for the reach codes and am grateful that they've been able to get them ready in time for the October 1st deadline. I ask that you move the staff proposal during your meeting tonight.
It's frustrating that AB 130 has pitted housing against environmental issues when those two needs are not in conflict. In fact, in Lexington, Massachusetts , they've been able to ban gas in
homes and regulate energy efficiency, while at the same time increasing their affordable housing pipeline.
I hope we can study their example as a way forward for ourselves.
Take care,
~Kat Snyder
350 Palo Alto Steering Committee member
This message needs your attention
This is a personal email address.
Mark Safe Report
Powered by Mimecast
From: Debbie Mytels
To: Council, City
Subject: Please pass the A/C and FlexPass for remodels building ordinances Date: Sunday, September 7, 2025 10:40:53 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear Council Members,
Thanks for your efforts to expand Palo Alto’s removal of methane gas from our community. Although passage of AB 130 has placed a six-year State-wide moratorium on further reductions on methane use after October 1 of this year, two items on the Council’s September 8 agenda are worthwhile efforts to keep Palo Alto moving forward on the path to switching away from using methane in our homes.
In short, please support the requirement to replace gas-burning air conditioners with electric heat pump models (or use rigorous energy-efficiency measures) when replacing or installating new A/C units.
Secondly, please approve the "FlexPath" approach for remodels that add over 1,000 feet to an existing residence.
While I believe it would be best if the Council would require such remodels to use only electric equipment for their HVAC needs, the FlexPath approach can also result in significant energy efficiency and electrification upgrades.
Eliminating methane is the most effective thing we can do to reduce climate change, and it’s unfortunate that the CA legislature has tied Palo Alto’s hands in pushing the "Reach Code" effort further at this time. I hope that the Council will work with State legislators (and community advocates) in the year ahead to see if the restrictions upon local cities in AB 130 can be removed.
Sincerely,
Debbie Mytels
2824 Louis Road, Palo Alto
From: susan chamberlain
To: Council, City
Subject: energy reach codes
Date: Sunday, September 7, 2025 8:47:44 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Please support the proposed energy reach codes for Palo Alto. They are critical to meet our S/CAP goals.
Thank you.
Susan Chamberlain
From: Sue Luttner
To: Council, City
Subject: yes on environmental reach codes
Date: Sunday, September 7, 2025 4:02:27 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
i
Dear Council Members,
Thank you for your ongoing support of residential environmental reach codes.
I hope you will keep up the good work and approve staff recommendations that will institute new codes this week, before the October 1 deadline. Thank you.
Truly,
Sue Luttner
-Sue Luttner
4035 Orme Street 94306
This message needs your attention
This is a personal email address.
This is their first email to your company.
Mark Safe Report
Powered by Mimecast
From: Bruce Hodge
To: Council, City
Subject: New Energy Reach Codes (Support Staff proposal) Date: Sunday, September 7, 2025 3:29:04 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Honorable City Council Members,
Carbon Free Palo Alto supports the staff proposal for new energy reach codes and urge you to approve them.
We have one minor suggestion: Set the compliance start date for AC to Heat Pump to 1-Jan-2026 instead of 1-Jan- 2027. The staff proposal suggests that time is needed to put programs in place, but we believe that no program support is needed. There is almost no difference in the cost or installation complexity and so we believe that a support program is unneeded.
Thanks,
Bruce Hodge
Founder & Chair
Carbon Free Palo Alto
From: David Page
To: Council, City
Subject: pollution /reach codes
Date: Sunday, September 7, 2025 2:10:43 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
Dear City Council members,
We wrote to you last month about how Palo Altans produce excessive (per capita) amounts of pollution (see letter further below). Now Carbon Free Palo Alto is endorsing another way to reduce our toxic effluent - by reducing the burning of (CH4) methane within City limits. Please support these meager efforts enthusiastically. ========================================================== Staff proposal for reach codes:
Air Conditioner Time-of-Replacement Requirement – Requires specified energy efficiency measures or installation of a heat pump system as the primary heating source when replacing or installing an air conditioner.
Exceptions are provided for electrical panel limitations or oversized heating needs.
FlexPath for Major Remodels – Requires additions or alterations over 1,000 square feet to incorporate a flexible package of efficiency or electrification upgrades selected from an approved menu of measures, allowing for customization based on project scope and building characteristics Thank you again,
Stephanie Troyan
David Page
Midtown
===================================================================== Dear City Council members,
We've written to you about an anti-pollution public health campaign in the past (a couple of times since 2020), but have gotten little response. Now a new paper from Stanford (& other) researchers has confirmed the benefits of what I've been proposing:
"Climate literacy interventions can help individuals optimize their personal lifestyle choices in ways that align with climate mitigation efforts."
Published by the National Academy of Sciences, the study suggests how greenhouse pollution can be dramatically reduced simply by giving the public factual information - which they otherwise are not receiving - from a credible source. "The best way to combat the human tendency to miscalculate climate-related decisions is with more readily available information."
Academics working for the U.N. have written about this:
"Targeted information (energy efficiency information, carbon labelling) can also shift consumer decision- making towards more efficient and low-carbon products." The City of Palo Alto has been talking about the moral urgency of pollution reduction at least as far back as the Green Ribbon Task Force of 2006. Yet after the low-hanging fruit was plucked, there's been little progress here.
Given the track record, and the relatively low priority of this issue for residents, I don't expect much to change.
However, rather than continuing to spend money for meager results, perhaps you'll consider an inexpensive proposal to complement what is already being tried: a public health education campaign.
You already have 1/2 page inserts sent out with the utility bills. You could include an insert (plus an op-ed for the Merc, as well as other media efforts) which would spell out the biggest ways Palo Altans, on average, create GHG pollution: with airplane-trips, beef-eating, oil'n'gasoline automobiles, and home methane/gas usage (see links, above).
Palo Altans, per capita, create well-above median levels of pollution.
Within the insert you could also spell out how such pollution is causing human suffering today (local pollution), and will do in the future (extreme weather). No one will want to bother changing their behavior unless they understand there's a problem AND a way they can contribute to a solution.
Current Palo Alto marketing efforts go to great lengths to avoid mentioning the nature of the problem, and its (avoidable) causes - a big messaging mistake, in my opinion ... for example, saying the big reason to get an electric heat pump is to "save money" rather than to save lives.
Please feel free to contact me if you'd like to discuss this proposal further.
Thank you very much,
David Page
Stephanie Troyan
Midtown
[email protected]
From: Lauren Segal
To: Council, City
Subject: Reach codes
Date: Sunday, September 7, 2025 5:04:25 AM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
!
Dear Council Member:
I am writing to urge you to pass new reach codes in this narrow window. The crazy weather and fierce fires should be all the information you need to decide that climate change is real, devastating and in urgent need of addressing. We all must do our part.
Thank you,
Lauren Segal
833 Southampton Dr, Palo Alto, CA 94303
This message could be suspicious
Similar name as someone in your company.
This is a personal email address.
This is their first email to you.
Mark Safe Report
Powered by Mimecast
From: Ariane Erickson
To: Council, City
Subject: I support energy reach codes
Date: Saturday, September 6, 2025 10:36:27 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
i
Dear Council,
Please approve the staff recommendations for energy reach codes at Monday night’s council meeting. What our federal and state governments can’t and won’t do is now up to you.
Keep Palo Alto a leader in the fight against climate change.
Thank you,
Ariane Erickson
www.norsegaelbooks.com
Now available! Freya Takes Charge!
This message needs your attention
This is a personal email address.
This is their first email to your company.
Mark Safe Report
Powered by Mimecast