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Council introduces energy-performance reach code to replace paused all‑electric requirement; adopts related findings
Summary
Following a federal court ruling that paused local bans on natural gas infrastructure, the council introduced an energy-performance reach code intended to meet climate goals while conforming to the Ninth Circuit decision; council voted 5-0 to introduce the ordinance and adopt the accompanying findings.
The City Council on Jan. 13 introduced an ordinance and adopted related findings to replace the city’s paused all‑electric new‑construction requirement with an energy‑performance reach code that raises whole‑building efficiency standards while preserving compliance flexibility.
Andrea Chow, sustainability analyst, told the council the change responds to a federal appellate court decision that affected local ordinances banning natural gas infrastructure. “Because of that federal court decision, the city had to pause enforcement of the currently adopted all electric new construction requirement,” Chow said, referencing the Ninth Circuit ruling in California Restaurant Association v. City of Berkeley. The new approach—the energy performance reach code—uses source‑energy and other performance metrics so projects can meet the higher standard via an all‑electric pathway or a mixed‑fuel design that includes additional efficiency, solar and battery storage.
The ordinance would amend the municipal energy and green building codes to set higher performance margins, exempt ADUs to align with state ADU policies, update electric‑readiness rules to match the 2025 state energy code pathway (changing a 6‑foot outlet requirement to within 3 feet), and repeal components of the city’s suspended all‑electric mandate that the court decision rendered unenforceable. Peninsula Clean Energy and consultant modeling supported staff’s technical work; the staff report includes cost‑effectiveness modeling and an implementation timeline.
Chow said the city would file the ordinance with the California Energy Commission (CEC) and the Building Standards Commission; the CEC must approve local energy‑performance reach codes before they are enforceable, a process staff estimated can take about three months. Staff recommended adoption of the ordinance and the related resolution of findings so the city can continue to pursue stronger building performance standards during the 2022–2025 code cycle.
Councilmember discussion was supportive and brief. On a motion to introduce the ordinance and adopt the resolution, the council voted 5-0.
If the CEC approves the ordinance, staff said implementation could begin in the spring and extend through the end of the calendar year; ADUs remain exempt per the local ordinance language in order to align with state ADU policy.
