Title
Final Passage of Ordinance Repealing Alameda Municipal Code Section 13-10.3, which Bans the Use of Natural Gas in New Construction and Major Remodels and Additions, in Order to Comply with California Restaurant Association v. City of Berkeley.
Environmental Review: Adoption of an Ordinance Repealing a Ban on the Use of Natural Gas in Buildings is Exempt from Environmental Review Under the California Environmental Quality Act Guidelines Section 15061(b)(3). No Further Environmental Review is Required. (Planning, Building and Transportation 20976710)
Body
The staff report for this ordinance was included when the ordinance was introduced and is available at the following link:
<https://alameda.legistar.com/LegislationDetail.aspx?ID=6703246&GUID=912239F4-ADEF-4065-939F-54D09561ED15&Options=&Search=&FullText=1>
This ordinance was not revised when it was introduced.
Full text of the ordinance:
CITY OF ALAMEDA ORDINANCE NO. _____
New Series
Repealing Alameda Municipal Code Section 13-10.3, which Bans the Use of Gas in New Construction, In Order to Comply with California Restaurant Association v. City of Berkeley
WHEREAS, Alameda Municipal Code Section 13-10.3 bans the use of natural gas in new buildings; and
WHEREAS, in California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found local ordinances banning the use of natural gas in buildings unlawful and repeal of Alameda Municipal Code (AMC) Section 13-10.3 is necessary to comply with the court decision.
NOW, THEREFORE, the City Council of the City of Alameda does hereby ordain as follows:
Section 1. Section 13-10.3 of the Alameda Municipal Code is hereby amended, with underlined text as additions and strikethrough text as deletions, as follows:
13-10.3 Modifications, Amendments and Deletions to the California Green Buildings Standards Code.
Repealed.
Notwithstanding any provisions of the 2022 California Energy Code, 2022 California Green Building Standards Code, or other codes adopted by any Chapter in the Alameda Municipal Code to the contrary, the local amendments to the Green Building Standards Code set forth in this Section shall apply and are hereby amended as follows (underlined for additions and strike-through for deletions):
CHAPTER 2 - DEFINITIONS
ALL-ELECTRIC BUILDING. A building that contains no combustion equipment or plumbing for combustion equipment serving space heating (including fireplaces), water heating (including pools and spas), cooking appliances (including barbeques), and clothes drying, within the building or building property lines, and instead uses electric heating appliances for service.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying and/or lighting that uses fuel gas.
COMMERCIAL FOOD HEAT-PROCESSING EQUIPMENT. An equipment used in a food establishment for heat-processing food or utensils and that produces grease vapors, steam, fumes, smoke, or odors that are required to be removed through a local exhaust ventilation system, as defined in the California Mechanical Code.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy by the application of electric power to resistance elements, refrigerant compressors, or dissimilar material junctions.
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
CHAPTER 4 - RESIDENTIAL MANDATORY MEASURES
Division 4.1 PLANNING AND DESIGN SECTION
4.106 SITE DEVELOPMENT
4.106.5 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to facilitate installation of electric heating appliances.
4.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished spaces, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements. Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the Building Official.
Exception:
1. The Building Official may grant a modification to the requirements set forth herein, if s/he finds: (1) there is no all-electric prescriptive compliance pathway for the building under the Energy Code, and (2) the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method. The applicant shall comply with Section 4.106.5.2.
Alameda shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
2. Newly constructed buildings with a valid planning entitlement or Development Agreement approved prior to July 1, 2021 shall be exempt.
3. Existing appliances that are not included in the scope of the qualifying alteration.
4.106.5.2 Requirements for combustion equipment.
Where combustion equipment is allowed per Exceptions under 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
CHAPTER 5 - NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 PLANNING AND DESIGN
SECTION 5.106 - SITE DEVELOPMENT
5.106.13 All-electric buildings. New construction buildings and qualifying alteration projects shall comply with Section 5.106.13.1 or 5.106.13.2 so that they do not use combustion equipment or are ready to facilitate installation of electric heating appliances.
5.106.13.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all-electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or where over 50 percent of the existing building floor area is being remodeled, including unfinished spaces, shall be all-electric buildings. If either of these criteria are met within a three-year period, measured from the date of the most recent previously obtained permit final date, the project shall be subject to the all-electric buildings requirements.
Tenant improvements shall not be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agency.
Exceptions:
1. Commercial food heat-processing equipment in nonresidential buildings located in a place of public accommodation, as defined in the California Building Code Chapter 2.
2. Non-electric space heating and process systems in newly constructed buildings containing occupancies F, H, or L. To take advantage of this exception applicant shall provide third party verification approved by the City that All-Electric process system requirement is not cost effective or feasible.
3. The Building Official may grant a modification to the requirements set forth herein, if s/he finds: (1) there is no all-electric prescriptive compliance pathway for the building under the Energy Code, and (2) the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method. The applicant shall comply with Section 5.106.13.2
Alameda shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104.
5.106.13.2. Requirements for combustion equipment.
Where combustion equipment is allowed per exceptions under Section 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space accommodating the future installation of an electrical heating appliance in the following ways, as certified by a registered design professional or licensed electrical contractor:
1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating appliances in accordance with manufacturer requirements and the California Electrical Code, including the appropriate voltage, phase, minimum amperage, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and
3. Reserved circuit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel supply conductor connection; and
4. Connected subpanels, panelboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity requirements shall be adjusted for demand factors in accordance with the California Electric Code; and
5. Physical space for future electrical heating appliances, including equipment footprint, and if needed a pathway reserved for routing of ductwork to heat pump evaporator(s), shall be depicted on the construction drawings. The footprint necessary for future electrical heating appliances may overlap with non-structural partitions and with the location of currently designed combustion equipment.
Section 2. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage.
________________________________
Presiding Officer of the City Council
Attest:
__________________________________
Lara Weisiger, City Clerk
City of Alameda
* * * * * *
I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 16th day of July 2024, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 17th day of July 2024.
______________________
Lara Weisiger, City Clerk
City of Alameda
APPROVED AS TO FORM:
______________________
Yibin Shen, City Attorney
City of Alameda