DocuSign Envelope ID: 496658DE- FCF6- 4AC3- 94EB- 19CFADO3C703 RESOLUTION NO. 1238- 24
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE SUSPENDING ENFORCEMENT OF
SUNNYVALE MUNICIPAL CODE SECTIONS 16.42. 030
THROUGH 16. 42. 080 RELATED TO ALL- ELECTRIC
REQUIREMENTS FOR NEW AND SUBSTANTIALLY
RECONSTRUCTED BUILDINGS
WHEREAS, on November 1, 2022, the City of Sunnyvale adopted Ordinance 3202- 22, which amended Title 16 ( Buildings and Construction) of the Sunnyvale Municipal Code SMC") by adopting the 2022 uniform fire and building codes; and WHEREAS, SMC sections 16. 42. 030 through 16. 42. 080, adopted through Ordinance 3202- 22, impose all- electric requirements on most types of new residential and non- residential construction and prohibit certain natural gas appliancesin construction subject to the all-electric requirements, including outdoor equipmentsuchasoutdoor grills, firepits, andpool heaters;and WHEREAS, in early 2024 the United StatesCourt of Appeals for the Ninth Circuit issued its decisionCaliforniaRestaurantAssociationv. City of Berkeley, 89 F.4th 1094 (9thCir. 2024), finding that the Energy Policy and Conservation Act ( EPCA), 42 U. S. Code sect. 6201 et. seq.,appliesto regulationsaddressingnatural gasappliancesandbuilding codesthat concernthe use of natural gas, and holding that the stateand local governmentsare preemptedfrom adopting local regulations, including building codes, concerning the energy use of covered natural gas appliances; and
WHEREAS, because SMC sections 16.42.030 through 16.42.080 expressly regulate the use of natural gasappliances,the City Council finds that suspendingenforcementof thesecodesections is necessaryandappropriateconsideringthe decisionin California RestaurantAssociation v. City of Berkeley.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE THAT:
1. The City of Sunnyvaleherebysuspendsenforcementof all local Sunnyvalelaws and regulationsimposing all-electric requirementson new or substantiallyreconstructed buildings or otherwise prohibiting use or installation of gas appliances, including but not limited to Sunnyvale Municipal Code sections 16. 42. 030 through 16. 42. 080.
2. The suspension on enforcement described in Section 1 above shall apply to all applicationsfor building permits or other developmentproject entitlements including, without limitation, currently pending applications,new applicationsfiled after adoption of this Resolution, requests for modification of pending applications, andapplicationsfor modification of previously-issuedpermits or entitlements.
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Attachment 1
DocuSign Envelope ID: 496658DE- FCF6- 4AC3- 94EB- 19CFADO3C703 Adopted by the City Council at a regular meeting held on May 21, 2024, by the following vote:
AYES: KLEIN, SRINIVASAN, MELTON, CISNEROS, DIN, MEHLINGER, SELL NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
RECUSAL: NONE
ATTEST: APPROVED:
r— DocuSigned by: DocuSigned by:
B93E57@921394E1..
DAVID CARNAHAN
S_ 39G5F28A37A9448...
LARRY KLEIN
City Clerk Mayor
SEAL)
APPROVED AS TO FORM:
DocuSigned by:
ittbrecA L. MOON
City Attorney
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Agenda 5/ 21/ 2024 2
Attachment 1