Title
Public Hearing to Consider Introduction 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) [Continued from June 4, 2024]
Body
To: Honorable Mayor and Members of the City Council
From: Jennifer Ott, City Manager and Yibin Shen, City Attorney
EXECUTIVE SUMMARY
In California Restaurant Association v. City of Berkeley (Exhibit 4), the 9th Circuit Court of Appeals found local ordinances banning the use of natural gas in buildings unlawful. Repeal of the entirety of Alameda Municipal Code (AMC) Section 13-10.3 is necessary to comply with the court decision. Staff, including the City Attorney Office, recommend that the City Council repeal said provisions in the AMC.
BACKGROUND
In 2019, City Council adopted Resolution 15607 limiting natural gas infrastructure for new residential construction on City owned property.
In 2021, City Council adopted amendments to the California Energy Code requiring all new construction citywide to be all electric with no gas hookups. The adopted ordinance essentially banned the use of natural gas in new building construction, and it was an action consistent with strategies to reduce greenhouse gas emissions in the City of Alameda's (City) Climate Action and Resiliency Plan (CARP).
In 2022, City Council adopted Ordinance 3338 to move the electrification amendments to the Green Building Standards Code and expand the requirement to major additions or remodels of existing buildings that include replacement or addition of over 50 percent of fl...
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