6/6/2024
1 RiversideCA.gov1
RiversideCA.gov
ORDINANCE TO REPEAL CHAPTER 16.26 -ELECTRIFICATION OF NEW BUILDINGS TO TITLE 16 OF THE RIVERSIDE MUNICIPAL CODECity CouncilJune 18, 2024Office of SustainabilityCity Attorney’s OfficeCommunity & Economic Development Department RiversideCA.gov2
1. December 6, 2022 – Electrification of New Buildings, OrdinanceNo. 7616 adoptedrequiring new buildings applying for permitsby specified dates in Riverside to be all electric2. 436 building permits have been filed since effective date:- 359 single family dwelling units- 17 Multifamily buildings- 60 Commercial buildings (industrial, retail, office, etc.)- 110 building permits issued3. Riverside’s ordinance has not been challenged to dateBACKGROUND1 2 6/6/2024
2 RiversideCA.gov3
1. Riverside’s ordinance is similar to other ordinances inCalifornia– including the City of Berkeley’s ordinance2. April 17, 2023 – US Court of Appeal for the Ninth Circuitopinion that held that Berkeley’s electrification ordinancewas preemptedby the federal Energy Policy andConservation Act (EPCA)3. January 2, 2024 – Ninth Circuit denied Berkeley’s petition forrehearing4. To settle litigation, Berkeley agreed to not enforce theirordinance and repealed it on May 14, 2024California Restaurant Association v. City of Berkeley RiversideCA.gov4
1. EPCA is a federal regulation establishing energy usestandards for covered productsa. Covered products include most major household appliancesincluding cooking stoves, refrigerators, water heaters, clothesdryers, furnaces, air conditioners, pool heaters, and more2. Ninth Circuit Opinion: EPCA preempts state and localregulations– including state and local ordinances thathave the effect of banning covered productsISSUE3 4 6/6/2024
3 RiversideCA.gov5
1. Based on the recent Ninth Circuit decision, Riverside’sordinance could be vulnerable to a challengeand the Cityfaces risk associated with litigation2. Building decarbonization can and will still occur:a. Builders in Riverside and anyone who wants to construct to allelectric can still opt to do sob. California has adopted green-building standards that require mostnew construction to be electric ready and is already move torequire all-electric construction over the next 1 to 6 yearsc. California appliance standards are also anticipated to move tohigher efficiency and to limit air emissions (NOxas well as carbon)DISCUSSION RiversideCA.gov6
STRATEGIC PLAN ALIGNMENTPriority 5 – High Performing GovernmentGoal 5.3 -Enhance communication and collaboration with community members to improve transparency, build public trust, and encourage shared decision-making.Cross-Cutting ThreadsCommunity Trust Equity
Fiscal Responsibility
Innovation
Sustainability & Resiliency
5 6
6/6/2024
4 RiversideCA.gov7
That the City Council adopt the first reading of anordinance to repeal Chapter 16.26 - Electrificationof New Buildings to Title 16 of the RiversideMunicipal Code.RECOMMENDATIONS7