TO: HONORABLE MAYOR FROM: Kerrie Romanow
AND CITY COUNCIL Chris Burton
SUBJECT: UPDATED SAN JOSE DATE: October 3, 2022
BUILDING REACH CODE
Approved Date
10/6/2022
RECOMMENDATION
(a)
Adopt findings related to local modifications of the state codes based upon local geographical, topographical, and climatic conditions included in the attached ordinance. (b) Approve a building reach code ordinance amending various sections of Title 24 to adopt provisions of the 2022 California Green Building Standards Code with certain exceptions, modifications, and additions including increased requirements related to electric vehicle charging stations and adopting the 2022 California Building Energy Efficiency Standards.
OUTCOME
City Council approval of a building reach code ordinance for new construction will ensure that the City maintains its community-wide progress on meeting the goals of the following Climate Smart San José strategies:
• Strategy 1.1: Transition to a renewable energy future • Strategy 2.2: Make homes efficient and affordable for our residents • Strategy 2.3: Create clean, personalized mobility choices • Strategy 3.2: Improve our commercial building stock
BACKGROUND
The effects of climate change are devastating and increasing. To do its part to reduce greenhouse gas emissions and address climate change, in 2018 the City adopted Climate Smart San José which sets aggressive goals around electric vehicle (EV) adoption, solar installation, and zero net energy/carbon buildings and has since implemented many initiatives to accelerate progress.
COUNCIL AGENDA: 10/18/22
FILE: 22-1549
ITEM: 6.3
HONORABLE MAYOR AND CITY COUNCIL
October 3, 2022
Subject: Updated San José Building Reach Code
In 2019, City Council adopted a “reach code” for new residential and non-residential construction. The City’s ordinance, by exceeding the State’s Title 24 (Technical Codes) requirements, aligned with Climate Smart San José goals, encouraged building electrification and energy efficiency, solar-readiness in nonresidential buildings, and EV-readiness and EV equipment installation. In October 2019, City Council approved the Natural Gas Infrastructure Prohibition Ordinance (Chapter 17.845), prohibiting natural gas infrastructure in new detached accessory dwelling units, single-family, and low-rise multi-family buildings that would supplement the reach code ordinance. On December 1, 2020, City Council approved an extension of the Natural Gas Infrastructure Prohibition Ordinance, and effective August 1, 2021, it now applies to all new construction (with minimal exceptions).
On September 23, 2020, Governor Newsom issued Executive Order N-79-20 setting a goal that 100% of all new passenger cars and trucks sold in the State of California will be zero-emission by 2035. The order further directed the California Air Resources Board to adopt regulations implementing the goal. On August 25, 2022, the California Air Resources Board adopted Resolution 22-12 proposing the regulations to accomplish this goal.
Every three years, the State updates its Technical Codes, including California Building Energy Efficiency Standards (Energy Standards) and the California Green Building Standards Code (CALGreen). Part 6 of the Energy Standards and Part 11 of CALGreen combat climate change through new building requirements for energy efficiency and conservation. Local jurisdictions may adopt and enforce “reach codes” to require development projects to exceed minimum State standards based upon geographical, topographical, or local climatic conditions. If, however, the City changes “energy conservation or energy insulation standards”, the change must: 1) be at least as stringent as the Statewide code; 2) be cost effective as defined by standards set by the California Energy Commission; 3) be approved by the California Energy Commission; and 4) not preempt federal appliance regulations. The City must readopt its reach codes every three-year code cycle for the requirements to remain in effect, otherwise the new State laws will repeal them.
The California Statewide Codes and Standards Program is currently in the process of developing residential and non-residential cost effectiveness studies for use Statewide during this code cycle to support reach codes for new construction. The City will rely on these studies to realign its existing increased energy efficiency thresholds for any mixed-fuel new construction. The cost effectiveness studies are not required to adopt amendments to CALGreen.
ANALYSIS
The 2022 Energy Standards and 2022 CALGreen include numerous updated requirements for residential and nonresidential new construction in order to continue the state's efforts to improve energy efficiency and address climate change. The City's current reach code was adopted in order to go beyond State building code requirements and its requirements for electric vehicle
HONORABLE MAYOR AND CITY COUNCIL
October 3, 2022
Subject: Updated San José Building Reach Code
charging infrastructure are more stringent than the requirements in the new 2022 Energy Standards and 2022 CALGreen. In order for it to remain in effect, it must be updated to align with the updated 2022 Energy Standards and 2022 CALGreen. City staff is not proposing any additional provisions beyond the existing reach code requirements and the proposed ordinance is an administrative update. The attached ordinance includes findings and changes to the reach code to align with the 2022 Energy Standards and CalGreen codes.
The reach code will continue to provide many benefits including: greenhouse gas emissions reductions; financial benefits related to lower cost electric construction; facilitation of transition to EVs, and avoidance of significant EV charging retrofit costs; and public health benefits due to reducing both indoor and outdoor air pollution. Increased EV charging infrastructure is a critical piece of the solution to support the State’s zero-emission vehicle by 2035 goals.All these benefits are especially pertinent to San José’s low-income communities, which are inordinately impacted by the negative environmental and financial impacts associated with natural gas in buildings and gasoline-powered vehicles.
Planning, Building, and Code Enforcement Department and Fire Department staff will bring the remainder of the Title 24 amendments to the 2022 Building and Fire Codes to City Council in parallel with this reach code update, so all amendments become effective on January 1, 2023.
Also, at City Council direction, Environmental Services Department staff will return no later than December 2022 with an update regarding multifamily EV charging infrastructure changes to the reach code. Finally, once the cost-effectiveness studies are available, staff will return to City Council with an additional proposed update to the reach code.
CONCLUSION
Staff recommends that City Council approve the 2022 Energy Standards and CALGreen requirements along with the proposed updated reach code requirements to further the City’s pertinent public health, building and transportation goals.
EVALUATION AND FOLLOW-UP
Staff will provide progress updates to City Council on Climate Smart San José activities, including the reach code, on a semi-annual basis.
CLIMATE SMART SAN JOSE
The recommendation in this memorandum aligns with one or more Climate Smart San José energy, water, and mobility goals.
HONORABLE MAYOR AND CITY COUNCIL
October 3, 2022
Subject: Updated San José Building Reach Code
PUBLIC OUTREACH
This memorandum will be posted on the City’s website for the October 18, 2022 City Council meeting.
COORDINATION
This memorandum has been coordinated with the City Attorney's Office and the City Manager’s Budget Office.
COMMISSION RECOMMENDATION/INPUT
No commission recommendation or input is associated with this action.
FISCAL/POLICY ALIGNMENT
The reach code components align with the Climate Smart San José strategies and the City’s Envision 2040 General Plan approved by City Council. The recommendations in this memorandum will have no fiscal impact for the City.
CEQA
Categorically Exempt, File No. PP19-067, CEQA Guidelines Section 15308, Actions by Regulatory Agencies for Protection of the Environment.
/s/ /s/
CHRIS BURTON
KERRIE ROMANOW
Director, Planning, Building, and Code Enforcement Director, Environmental Services
For questions, please contact Julie Benabente, Deputy Director, via email at [email protected].