CC 08-06-19 PresentationsCC 08-06-19
Study Session #1 Tobacco
Policies
Presentations
cc 8/6/19
Study Session Item #1
Preventing Youth Access to Tobacco
August 6, 201 9
Le slie Ze llers, JD, C onsultant
Santa Cla ra C ounty D ep a rtment of Public Heal t h
Background
• Tobacco remains the # 1
preventable cause of death &
disease
• sec Healthy Cities recommends
evidence-based tobacco control
policies
• City received grant and technical
assistance from County
1
Recommended Action
• Provide direction on policy options:
• to prevent youth access to
tobacco products, including
flavored tobacco products and
• to reduce the density of
tobacco retailers
Tobacco Use
• 1 in 8 deaths in sec due to smoking
• 1 in 1 O sec youth use tobacco /
including e-ciga rette
• Epidemic of e-cigarette use:
• 78% increase in high school use
• 48% increase among middle
school use
2
BUY JUUl
Medfum •si z&
ta~k d;wk et
R~oh~Fgeabfe
e.:dgarett. Oisposabl"
e•cigaroete
3
Policy Options
• Prohibit the sale of flavored
tobacco products
• Limit availability of tobacco
• Distance from schools
• Distance from retailers or overall
# of retailers
• Sales in pharmacies
Flavored Tobacco
• 80% of kids who have ever used
tobacco started with a flavored
product
• Youth believe that flavored
products are safer and less
addictive than non-flavored
varieties
4
Flavored Tobacco
• More than 1 in 5 stores in Santa Clara
County that sell tobacco are located
within 1,000 feet of a school
• 80% of those stores sell flavored
tobacco products
• Federal law only prohibits flavored
cigarettes
Menthol Cigarettes
' I
I I is~!:-
1
,, ... ,. fl(
rs •I
5
6
7
Comprehensive Flavor Ban
• Includes menthol cigarettes
• Applies to all tobacco retailers in
the City
• 35 local laws including 4 in sec:
Los Gatos, Palo Alto, Saratoga,
County
8
Reducing Tobacco Availability
. , -_ . tl:)~0~lf<{~ :, ·· --· ,., , -
WHATARE YOUR " ..
KIDS SEEING ON THEIR
WAY TO SCHOOL?
Limit Tobacco Location
• Buffer zone around schools, e.g.,
1,000 feet
• Proximity to other retailers, e.g., 500
feet OR cap retailers based on
population density, e.g., 1 per 2,500
people
9
TMn ~ :solutJor.s can O. lmpi.m,nt•d h, most <M1111W1fflrs fhro,uq/1 /ocal rwqu/rtloa;
such •s t.Doacco fa'Uhff lkfflsl~_ or c./1.w>qU to ~inq rutrlctions.:
Tobacco Retailer Density
• Associated with increased youth
smoking rates
• Tobacco retailers near schools:
lower prices & more in-store
promotions
• 51 local laws on retailer location,
including 5 in SCC: Gilroy, Los
Gatos, Palo Alto, Saratoga, County
10
Limit Tobacco Store Type
• No tobacco sales in pharmacies
• 23 local laws, including 4 in sec: Los
Gatos, Palo Alto, Saratoga, County
• Mixed message for consumers
11
Support from Schools
• Resolution from FUHSD:
• Prohibit flavored tobacco
• Reduce retailer density,
especially near schools
Proposed Outreach
• Teen Commission & Public Safety
Commission
• Online survey
• Community /school forums
• Mailers
12
Implementation & Enforcement
• Standalone requirements OR
• Tobacco Retailer License
• Could be administered by sec
Dept of Environmental Health
• Phase-in period
13
Leslie Zellers, JD
Public Health Policy & Low
leslie @lesliezellers.com
CITY OF
CUPERTINO
•
14
BREATHE CALIFORNIA
1469 Park Ave, San Jose, CA
Ph:408-998-5865
www.breat hebayarea.org
ayyappilly MD, MPH
J • ! .
cc 8/6/19
Study Session Item #1
®
BREATHE
BREATHE
C ,U..J f OANlA
CALIFORNIA
"Clean air and healthy lungs leader serving Santa Clara valley since 1911 '~
Our mission is to fight lung disease in all of its forms . We work
with ou r comm u nities to protect lung health.
Our services
• Tobacco prevention programs, including vaping
• Asthma services
• Clean air and environmental services
• Lung Health services
• Senior Health Education Program
•
f'.f\ BREATHE® W CALIFORN I A
i• Public opinion survey-
. Cupertino . ,,
.~ •Survey findings
I)
,·:.•Impact of flavors on your
,7~ .. ,.community
-' • •What's next?
.. '~
1
City of Cupertino
Flavored Tobacco
Public Opinion
Survey
/'f!\ BREAT HE t..L.J C ,0 .1JIO k MLt City;of CUpertino flaVor4'd Tol:iacco P'ubTic Opinion $._urve,.
I . a. Cid you know thot toboeto corrtpanies, ha"e been~
,udias:
• Menthol ci9ore1Tes r littl e cigars/dgcrmos
• chewing tobocxo • Uquldt for eltldronic
~· ::,,;0:~i:,~~:1:~~eb~~~~:~•o~~o;;~ter D Y•s D No O Not wr~
b. Did yoo know th,;,! a 2or5 Notional trwiMe-1 ofHeofthttudy
found that rhtt flcst lobocco product o· rnoiority of _wru ~ D ye, O No O Not s..orel
~1
c. D!d yov know 1h01 o 2015 report by rh• U.S. c..,1 .. rs for or,e·oso1
Control ,hows that 7()"/, of1obccc'o users.In middle or hlgftichoo~ O '(,u D N 11 O N<1tS1J1"e'
rif poned !l:iir,g g flovor,;d tobocco orod'uct within the posf 30 Cf'oyw'
d. Did you lcno"" tho! th<t ~Santo Clara hm fowr inl
~or•os of rhe County, thar ~of~
tobaa:o prodll!;f1 (oi<cept for 5ole·; in' 1obc,;,;0 oo]y· lhopt), such Q's:
• Menf11ol cigarellu ., Utlfe cigars/cigoritfo, • Ch4wlng!; toBa«:0',
• liguids for el1Ktronic,clqare'111tt'/..-ap•~ 0 V'e:1 0 No D Not Nre
2, Would you bit~ of d City of CUperfin'o laW',. axupt for
tobacco only shc:ops, thot bo-n s th• sar• of ffgv9-,,sf:1obocco>
produds 1uchi
• M.rithol clgorelte$ • lfttfe, •· Chewing tobd«o'
cleJrs
3, Would you be inJioott of d City• of Cuperiin•o law~ 1t)(c1tptfdr
tobacco-onty ihopl, tfud bg:ns tht uit'1 gf:
0 Yes 0No ONotKff
• Flo,,ored liquid, for cle<:1,,.,0'-""""'' ,,,e19,.,,o"''•~••e,•(_c,•o,0p"'"'--' ____ _,0=--"YM"----0='-'-N;.:;o-1aDoeNc;:o:..:• ~:::"'=-.
4, Do yo1,1 CUl'l'enlly 111e tobacco? (chkll: onfy and
D Ye>$,°" o reguler basis O' Ye$, but Qtll)" G1Ce in'o •hlfe
0 No, but formfti UMr O No>, nevar IJtlll.d fbbCcc,;,
S. O,;, you c11lffnlfy uu, any of th• following· flaV6rtd' tobacco procfiu:k? (dwell: cdl that apply)
D f-cigareltfl/vop• :10!utions O Uttle cigors/dgcnlllos 10 ffooli:ah tob<Jct;o (1hiffla)
0 Menthol clganHtts D Che .... /snuff D Other~ tobacc:o
0 U,. ~ tobacco O I don't 111• flovor1td robocco products of any klnd
6. Whot city do you live In? D Cupitrtlno O Son J01e> 0 Oth«r: ______ _
7, Whc:111 it your og• rang•? 0 18-24 0 25-34 0 35 •.• ,,_. CJ 4$-64 0 65+
I, What ii your mce/elhriicity?
0 VJhii•/GoUCCls iori D Slade/African Ame•f[ccfl'I O Hispcinio:/1.ofirio O lnd:an {from fndfo )
0Asion/Pcidflc Islande r O Native Amer!ccon/lrnlicin O Other ______ _
9. How do you identify yvurHilf? 0 Meile O Femole O frcm,¥
THANK YOU FOR COMPLETING THIS' SURVEY
--1' ,,_-t, ~•.> Ai..
-· -Where] Near Public library, near De Anza ,
~ Co.lle~e; & the Farmers Market. :
8/6/2019 ,
2
Types .ofFlavored
TobaccQUsed bythe
Surveyed 18-24
yea r old
ff.f\ BREATHE W CALIFORNIA
Demographics
Tobacco Use
80"A.-N'cvcr used 1.3%, furme-r user 7% use tobacco'
r,:qolarlyor
OCCasionaly
Among the 7% tobacco users:
-80% are ages 18-24
• 100% of those age 18-24
use flavored e-cigs/va pe
/"i.f\ BREATHE
lJ.} CALIFORNIA
Flavored Tobacco Type
E-ciggs/Vape
Chew/snuff •
Little cig21rs
Menthol Ciggs •
Hokah .
0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100%
8 /6/2019
3
Ban E-Cigarettes
Ban All Flavored Tobacco
/'f_f\ BREATHE
t_.J CALIFORNI A
Breathe California Flavored
Tobacco Public Opinion Results
65% of the all respondents surveyed
said they would be in favor of a ban
ONLY on fl.avored liquids for
electronic cigarettes/vapes.
/'f.f\ BREATHE
l,JJ CALIF O R N IA
Breathe California Flavored
Tobacco Public Opinion Results
73% would support a ban on All
flavored tobacco products such as
menthol cigarettes, flavored little
cigars/cigarillos, and chewing
tobacco.
8/6/2019 .
4
· ..•
! Impact:
I
·...:•:' :•:: Brain
J:(pleasure
fj centers)
~l
:HOOKING THE NEXT ··
GENERATION OF
SMOKERS Flavors Mask the
harshness but it still
contains Nicotine which is
a stimulant drug -
develops a craving for
nicotine, called addiction .
Hea Ith effects
■ Learning Difficulties
Dopamine
"Happy
Hormone"
Body adapts to
produce less
dopam ine
/1l\ BREATHE W CALIFORNIA
User needs more
nicotine to fee l
no rma l
ADDICTION
l't\ BREATHE lJJ C A LI FORN IA
Irritability, Anxiety, Mood Disorders
Poor self control
■ Lung disease, cancer, stroke, heart attack
8/6/2019
5
. /
/
J/ What
/
1 Next?
.\
\, ACT NOW
''-......._
'-, ---
l'tf\ BREATHE ~ CALIFORNIA
A study in 2017 suggests that the ban on
flavored cigarettes in 2009 by FDA was
successful in curbing adolescent tobacco
use but demonstrate the need for a more
comprehensive approach to regulating
. tobacco flavorings.
{fhe finding that adolesce.nts switched to
:·: other .flavored tobacco products confirms
.. the Food and Drug Administration's
i:. concerns that this feature is powerfully
( appealing to youth (Palmer, M, Pesko, M,
& Courtemanche, C., 2018) .
ltf\ BREATHE
l_JJ CALIFORNIA
26 municipalities in California have
already enacted laws that prohibit
sales of all flavored tobacco
products, including menthol, without
exception (ANRF, 2019).
8/6/2019 -
6
8/6/201 9
What can you do?
VA PING IS A YOUTH EPIDEMIC -"WE
MUST TAKE ACTION NOW TO
PROTECT THE HEALTH OF OUR
NATION'S YOUNG PEOPLE." -U.S.
SURGEON GENERAL, (CDC, 2019}.
PROTECT YOUR KIDS AND
I COMMUN ITY
References :
OFFICIALS HAVE AN
IMPORTANT ROLE TO PLAY IN
ADDRESSING THIS PUBLIC
HEA LTH EPIDEM IC. -U.S .
SURGEON GENERAL (CDC ,
20 19 ).
"IMPLEMENT STRATEGIES TO
REDUCE ACCESS TO FLAVORED
TOBACCO PRODUCTS BY YOUNG
PEOPLE" U.S . SURGEON GENERAL
(CDC, 2019).
l".f\ BREATHE°
t.]CAL I FO ll!II U
• American Non Smokers' Rights ~
(ANRF). 2019. Municipalities prohibiting
the sale o f all flavored tobacco products.
• Palmer, M, Pesko, M, & Courtemanche, C.
20 18. Influence of the Flavored Cigarette
Ban on Ado lescent Tobacco Use. Am J Prev
Med 52(5): e139-e146. Retrieved
. , _, August 4, 2019.
• Centers for Disease Control and Prevention
(CDC). 20 19. Surgeon General's Advisory on
E-cigarette Use Among Youth. Retrieved
! r, I,
Ii ,·_1 1 ,'/ I 2019.
7
8/6/2019 ,
f'i.f'\ BREATHE
{.JJ CALI FO RNIA
~ Thank you
8
CC 08-06-19
#1 Youth Climate Action
Presentations
Introduction
We're the Cu~ertino Youth Climate Action Team!
• Students from Cupertino High, Homestead High, and Manta Vista High
• Representatives from the Cupertino Teen Commission
• Representatives from the Cupertino High School Environmental Club
cc 8/6/19
Presentati on #1
1
Reach Codes
Silicon Valley Clean Energy/Peninsula Clean Energy model reach codes
• Electric Vehicle Charging Infrastructure
• Building Appliance Electrification
/
Fossil Fuel Divestment
Sample Resolution drafted by the Cupertino High School Environmental Club
• Divest stock and bond portfolios fully from the fossil fuel sector
• Adopt policies to ban future investment in fossil fuels while
encouraging investments in sustainable energy projects
8/5/2019
2
NaturaL Gas Phase Over
Sampl e Ord inance : City of Berkeley
• Prohibit installation of hazardous internal gas p i ping infrastructure
when granti ng use permits for new buildings
• Safer and greener development!
Plastic Reduction
Sample Ordinance : City and County of San Francisco
• Reducing Si ngle -Use and Plastic Waste
• Restricting Pl ast ic Straws
• Allowing A ccess to Straws for People with Disabilities
8/5/2019
3
8/5/2019
Closing
We ask that yo u add t hese fou r it e ms to yo ur Co u ncil Wor k Progr am:
• Aggress ive Reach Codes (a lr eady included in the Counci l W o r k Progr am)
• Fos s il Fuel Divestment
• Natu r al Gas Ban
• Plast ic Reduction
4
Please read :
cc 8-6-19
#1
1. This model code language is based on technical feasibility and recently approved and enacted
code language by other local cities and the state but has not been tested in a court of law. It is
the responsibility of each city to review and understand this language as part of normal city
adoption processes .
2. This V2 version is the final revision of general language and includes some updated items in
coordination with statewide experts and the most recent cost effectiveness study results. All
code concepts remain the same, while some requirements have been slightly modified .
Revisions to Vl include:
a. 100.l(b} -ADU definition
b. 140.0(b}
i. Electric-ready wire gauging has been generalized fo r flexibility
ii. Heat pump water heater floor area and ducting requirements have an added
exception.
c. 140.1
i. Nonresidential performance requirements revised format
ii. Exception added for CEA documentation
d. 140.2 -Clarifications of applicability of prescriptive measures, and measure description
e. 150 .0
i. Clarifications of applicability of prescriptive measures, and measure description
ii. Addition of electric-ready space heating option
iii. Revision to heat pump water heater floor area and ducting requirement
language, including added exception.
iv. Requirement added for water heaters serving multiple dwelling units
f. 150.l(b)
i. Clarificatio n that ADUs are exempted from performance requirements
ii. Clarification that mixed-fuel buildings must meet Energy Efficiency Design
Rating requirements.
iii. Exception added for buildings with limited solar access .
g. 150 .l(c) -Added detail on prescriptive measures .
3. This is one model code, and sections can be revised/re -worded based on City preferences or
other model codes available.
4. Language can be removed without significant deviation of the overa ll reach
code intent. Please reach out to PCE/SVCE with any questions.
5. This language is specifically for Climate Zone 3.
City of X Adopts California Energy Code, 2019 Edition, T itle 24, Part 6 of the Cal iforn ia Code of
Regu lations in its full form with the following local amendments:
ALL BUILDINGS
SUBCHAPTER 1 ALL OCCUPANCIES-GENERAL PROVISIONS
SECTION 100.l(b)-DEFINITIONS
In this article the following definitions app ly :
ALL-ELECTRIC BUILDING or ALL-ELECTRIC DESIGN is a building or building design that uses a permanent
supply of electricity as the only source of energy for space heating. water heating (including pools and
spas). cooking appliances. and clothes drying appliances. and has no natural gas or propane plumbing
installed at the building.
CERTIFIED ENERGY ANALYST is a person registered as a Certified Energy Analyst with the California
Association of Building Energy Consultants as of the date of submission of a Certificate of Compliance as
required under Section 10.103
ELECTRICALLY HEATED BUILDING or ELECTRICALLY HEATED DESIGN is a bui l ding or building design that
uses a permanent supply of electricity as the only source of energy for space heating and wate r heating
(including pools and spas). and uses natural gas or propane as fuel for cooking appliances or clothes
drying appliances or is plumbed for such equipment.
FREE STANDING ACCSESSORY DWELLING UNIT is a detached building that is not intended for sale
separate from the primary resid ence , on a lot that is zoned for single-family or multifamily use. located
on the same lot as an existin g dwelling. and does not exceed 1.200 square feet of total floor area.
MIXED-FUEL BUILDING or MIXED-FUEL DESIGN is a building or building design that uses natural gas or
propane as fuel for space heating. water heati ng (including pools and spas). cooking appliances or
clothes drying appliances or is plumbed for such equipment.
NONRESIDENTIAL
SUBCHAPTER 5 NONRESIDENTIAL, HIGH-RISE RES IDENTIAL, AND HOTEL/MOTEL
OCCUPANCIES-PERFORMANCE AND PRESCR IPTIVE COMPLIANCE APPROACHES FOR
ACHIEVING ENERGY EFFICIENCY
SECTION 140.0 -PERFORMANCE AND PRESCRIPT IVE COMPLIANCE APPROACHES
Nonresidential, high-rise residential and hotel/motel bui ldings shall comply with all of the followi ng :
(a) The requirements of Sections 100.0 through 110.12 applicable to the building project (mandatory
measures for all bu ildings).
(b) The requirements of Sections 120.0 through 130.5 (mandatory measures for nonresidential, high-rise
residential and hotel/motel buildings) and:
1. Electric-Ready Mixed-Fuel Buildings. Mixed-fuel bu il dings sha ll include the following
components:
A. Water Heating
i. A dedicated 240 volt 30-amp electrical receptacle that is connected to the electric
panel with conductors of adequate capacity. within 3 feet from the water heater
and accessible to the water heater with no obstructions.
ii. Both ends of the unused conductor shall be labeled with the words "For Future Heat
Pump Water Heater'' and be electrically isolated: and
iii. A condensate drain that is no more than 2 inches higher than the base of the
B. Clothes Drying
i. A dedicated 240-volt. 40 amp e lectrical receptacle that is connected to the electric
panel with conductors of adequate capacity, within 3 feet of the app li ance and
accessible with no obstructions .
ii. Both ends of the unused conductor shall be labeled with the words "For Future Hea t
Pump Clothes Drying" and be electrically isolated; and
C. Cooktop or Range
i. A dedicated 240-volt, 50 amp electrical receptacle that is connected to the electric
panel with conductors of adequate capacity, within 3 feet of the appliance and
accessible with no obstructions.
ii. Both ends of the unused conductor shall be labeled with the words "For Future
Inductive Range" and be electrically isolated; and
iii. A reserved double pole circuit breaker space in the electrical panel adjacent to the
circuit breaker for the branch circuit and labeled with the words "For Future
EXCEPTION to 140.0(b)lA. B. or C: If gas or propane plumbing is not installed for the specified
end uses.
(c) Either the performance compliance approach (energy budgets) specified in Section 140:1 or the
prescriptive compliance approach specified in Section 140.2 for the Climate Zone in which the building
will be located. Climate zones are shown in FIGURE 100.1-A.
SECTION 140.1-PERFORMANCE APPROACH: ENERGY BUDGETS
An addition to an existing building or a newly constructed All-Electric Bui lding complies with the
performance approach if the energy budget calculated for the Proposed Design Building under
Subsection (b) is no greater than the energy budget calculated for the Standard Design Building under
Subsection (a)
A newly constructed Mixed-Fuel Bu i lding complies with the performance approach if the energy budget
calculated for the Proposed Design Building under Subsection (b) has a compliance margin, relative to
the energy budget calculated for the Standard Design Building under Subsection (a), of at least the value
specified for the corresponding occupancy type in Table 140.1-A below.
Table 140.1-A MIXED FUEL BUILDING COMPLIANCE MARGINS
Compliance Margins
(a) Energy Budget for the Standard Design Building. The energy budget for the Standard Design Building
is determined by applying the mandatory and prescriptive requirements to the Proposed Design
Building. The energy budget is the sum of the TDV energy for space-conditioning, indoor lighting,
mechanical ventilation, service water heating, and covered process loads .
(b) Energy Budget for the Proposed Design Building. The energy budget for a Proposed Design Building is
determined by calculating the TDV energy for the Proposed Design Building. The energy budget is the
sum of the TDV energy for space-conditioning, indoor lighting, mechanical ventilation and service water
heating and covered process loads.
(c) Calculation of Energy Budget. The TDV energy for both the Standard Design Building and the
Proposed Design Building shall be computed by Compliance Software certified for this use by the
Commission. The processes for Compliance Software approval by the Commission are documented in
the ACM Approval Manual.
SECTION 140.2 -PRESCRIPTIVE APPROACH
To comply using the prescriptive approach, a building shall be designed with and shall have constructed
and installed systems and components meeting the applicable requirements of Sections 140.3 through
140.9 and the following sections as applicable:
a) Mixed-Fuel Buildings of Hotel. Motel. and High-Rise Multifamily Occupancies
1. Install fenestration with a solar heat gain coefficient no less than 0.45.
2. Design Variable Air Volume (VAV) box minimum airflows to be equal to the zone ventilation
minimums.
3. Include economizers and staged fan control in air handlers with a mechanical cooling
capacity> 33,000 Btu/h
4. Reduce the total lighting power density (Watts/ft2) by ten percent (10%) from that required
from Table 140.6-C.
5. In common areas. without claiming any Power Adjustment Factor credits. do the following:
A. Control to daylight dimming plus off per Section 140.6(a)2H
B. Perform Institutional Tuning per Section 140.6(a)2J
6. Install one drain water heat recovery device per every three guest rooms that is field
verified as specified in the Reference Appendix RA3.6.9.
b) All Other Mixed-Fuel Nonresidential Buildings
1. Install fenestration with a solar heat gain coefficient no greater than 0.22.
2. Limit the fenestration area on east-facing and west-facing walls to one-half of the average
amount of north-facing and south-facing fenestration.
3. Design Variable Air Volume (VAV) box minimum airflows to be equal to the zone ventilation
minimums.
4. Include economizers and staged fan control in air handlers with a mechanical cooling
capacity> 33,000 Btu/h
5. Reduce the total lighting power density (Watts/ft2) by ten percent (10%) from that required
from Table 140.6-C.
6. Improve lighting without claiming any Power Adjustment Factor credits:
A. In office spaces. control to daylight dimming plus off per Section 140.6(a)2H.
B.
C.
Install Occupant Sensing Controls in Large Open Plan Offices per Section 140.6(a)21
Perform Institutional Tuning per Section 140.6(a)2J
RESIDENTIAL
SUBCHAPTER 7 LOW-RISE RES I DE NTIAL BU ILD INGS-MANDATORY FEATURES AND
DEV ICES
SECTION 150.0 -MANDATORY FEATURES AND DEVICES
Low-rise residential buildings shall comply with the applicable requ i rements of Sections lS0(a) throug h
150.0(-F~).
NOTE : The requirements of Sections 150.0(a) through 150.0(-F~) apply to newly constructed bui ld i ngs.
Sections 150.2(a) and 150.2(b) specify which requirements of Sections 150.0(a) through 150.0(-F~) also
apply to additions or alterations.
h) Space-Conditioning Equipment ..
n) Water Heating System.
1. Systems us ing gas or propane water heaters to serve i ndividual dwell ing units sha ll include
the following components:
A. A dedicated 125 1t'olt240 volt. -2-G 30-amp e lectrical receptacle that is connected to the
electric panel with a 120/240 volt 3 coneluctor, 10 AWG co1313er !:,ranch circuitconductors
of adequate capacity. with i n 3 feet from the water heater and accessible to the water
heater with no obstructions. In addition , al l of the following:
[ ... ]
i. Both ends of the unused conductor shall be labeled with the word "5(:nff'eFor
Future Heat Pump Water Heater" and be electrically isolated; and
ii. A reserveel siAgle pale eirc1:1it ereal~er spaee iA the eleetrieal paAel aeijaeeAt te
the eirc1:1it erealrnr for the eraAeh eire1:1it iA A aeeYe aAel laeeleel 11,ith the werels
"F1:1t1:1re 240\1 Use A double pole circuit breaker in the electrical panel labeled
with the words "For Future Heat Pump Water Heater;" and
B. A Category Ill or IV vent, or a Type B vent with straight pipe between the outside
termination and the space where the water heater is installed; and
C. A condensate drain that is no more than 2 inches higher than the base of the installed
2. Water heating recirculation loops serving multiple dwelling units shall meet the
requirements of Section 110.3{c)S.
3. Solar water-heating systems and collectors shall be certified and rated by the Solar Rating
and Certification Corporation (SRCC), the International Association of Plumbing and
Mechanical Officials, Research and Test i ng {IAPMO R& T), or by a listing agency that is
approved by the Executive Director.
4. Instantaneous water heaters with an input rating greater than 6.8 kBTU/hr (2kW) shall meet
the requirements of Section 110.3(c)7.
5. Systems using gas or propane water heaters to serve multiple dwelling units and/or
common areas shall:
A. Be located in a space that can accommodate a heat pump water heating system of
equivalent capacity and performance; and
B. Have a condensate drain that is no more than 2 inches higher than the base of the
installed water heater. and allows natural draining without pump assistance; and
C. Include designated raceways and reserved capacity on the main electrical panel and
subpanels, if applicable, sufficient to power a heat pump hot water heater of equivalent
capacity and performance . Plans shall include calculations for equivalent capacity and
performance, electrical power. conductors, raceway sizes and panel capacities.
s) Clothes Drying and Cooking. Buildings plumbed for natural gas or propane clothes
drying or cooking equipment shall include the following components for each gas terminal or stub
out:
1 . Clothes Drying
A. A dedicated 240-volt. 30 amp electrical receptacle that is connected to the electric panel
with conductors of adequate capacity, with in 3 feet of the appl iance and accessible with
no obstructions.
B. Both ends of the unused conductor shall be labeled w ith the words "For Future Heat
Pump Clothes Dryer'' and be electrically isolated; and
C. A double pole circuit breaker in the electrica l pane l labe led with the words "For Future
Heat Pump Clothes Dryer."
2. Cooktop
A. A dedicated 240-volt. SO-amp electrical receptacle that is connected to the electric
panel with conductors of adequate capacity, within 3 feet of the appliance and
accessible with no obstructions.
B. Both ends of the unused conductor shall be labeled with the words "For Future
Inductive Range" and be electrically iso lated; and
C. A double pole circuit breaker in the electrical panel labeled with the words "For Future
Inductive Range."
SUBCHAPTER 8 LOW-RISE RESIDENTIAL BUILD INGS -PERFORMANCE AND PRESCR I PT IVE
CO M PLI ANCE APPROACHES
SECTION 150.1-PERFORMANCE AND PRESCRIPT IVE COMPLIANCE APPROACHES FOR LOW-RISE
RESIDENTIAL BUILD I NGS
b) · Performance Standards. A Bl:lilding eoffi13lies with the performance standaFds if tl=te eneFgy
consl:lffiJ3tion foF the PF013osed Design Bl:lilding is no gFeateF than tl=te eneFgy e1:1dget calcl:llated for
tlie StandaFd Design B1:1ilding Building performance is calculated using Commission-certified
compliance software as specified by the Alternative Calculation Methods Approval Manual~
1. Newly Constructed Buildings. The Energy Budget for newly constructed buildings is
expressed in terms of the Energy Design Rating, which is based on TDV energy. The
Energy Design Rating (EDR) has two components, the Energy Efficiency Design Rating,
and the Solar Electric Generation and Demand Flexibility Design Rating . The Solar
Electric Generation and Demand Flexibility Design Rating shall be subtracted from the
Energy Efficiency Design Rating to determine the Total Energy Design Rat i ng. The
Proposed Building shall separately comply with the Energy Efficiency Design Rating and
the Total Energy Design Rating in the following ways:
A. All-Electric Building or a Free Standing Accessory Dwelling Unit. All Electric
Buildings or Free Standing Accessory Dwelling Units comply if both the Total
Energy Design Rating and the Energy Efficiency Design Rating for the Proposed
C. Mixed Fuel Buildings: A Mixed-fuel Building complies with the performance
standards if the Energy Efficiency Design Rating of the Proposed Building is no
greater than the Energy Efficiency Design Rating for the Standard Design
Bu i lding and:
a. Single family. The energy consumption calculated for the Proposed
Design Building shall be at least 10 EDR points less than the Total Energy
Design Rat i ng calculated for the Standard Design Bui lding.
b. Multifamily. The energy consumption calculated for the Proposed
Design Building shall be at least 10 EDR Points less than the Total Energy
Design Rating calculated for the Standard Design Building.
EXCEPTION to Section 150.l(b)l.C. Buildings with limited solar access are
excepted if all of the following are true:
a. The Total Energy Design Rating for the Proposed Building is no greater
than the Standard Design Building; and
b. A photovoltaic (PV) system{s) meeting the minimum qualification
requirements as specified in Joint Appendix JA11 is installed on all
available areas of 80 contiguous square feet or more with effective
annual solar access. Effective annual solar access shall be 70 percent or
greater of the output of an unshaded PV array on an annual basis,
wherein shade is due to existi ng permanent natural or manmade
barriers external to the dwelling. including but not limited to trees. hills.
and adjacent structures; and
c. The Energy Efficiency Energy Design Rating for the Proposed Bui lding is
no greater than the respective value for the Standard Design Building by
the EDR margin in Table 150.l{b)l below.
Building Tvoe Energy Efficiencll EDR
Margin
Single Familv 2
Multifamilv 0
EXCEPTION! to Section 150.l(b)l. A community shared solar electric generation
system, o r other renewable electric generation system, and/or commun ity shared
battery storage system, which provides dedicated power, utility energy reduction
credits, or payments for energy bill reductions, to the permitted building and is
approved by the Energy Commiss ion as specified in Title 24, Part 1, Section 10-115, may
offset part or all of the solar electric generation system Energy Design Rating required to
comply with the Standards, as calculated according to methods established by the
Commission in the Residential ACM Reference Manua l.
2. Additions and Alterations to Existing Buildings . The Energy Budget for additions and
alterations is expressed in terms of TDV energy. A building complies with the
performance standards if the energy consumption calcu lated for the Proposed Design
Building is no greater than the energy budget calculated for the Standard Design
Building.
3 . Compliance Demonstration Requirements for Performance Standards.
A. Certificate of Compliance and Application for a Building Permit. The
app l icat ion for a building permit shall include documentation pursuant to
Sect ions 10-103{a)1 and 10-103(a}2 which demonstrates, using an approved
calculation method, that the building has been designed so that its Energy
Efficiency Design Rat ing and the total EDR meets or exceeds the Standard des ign
EDR for the applicable Climate Zone.
c) Prescriptive Standards/Component Package. Buildings that comply with the prescriptive standards
shall be designed, constructed, and equipped to meet all of the requ irements for the appropriate
Climate Zone shown in TABLE 150.1-A or B. In TABLE 150.1-A and TABLE 150.1-B, a NA (not allowed)
means that feature is not permitted in a particular Climate Zone and a NR (no requ i rement) means
that there is no prescriptive requirement for that feature in a particular Climate Zone. Installed
components shall meet the following requirements:
15. Additional Prescriptive Requirements for Buildings Using Gas or Propane.
A. Mixed-Fuel Single Family
a. Ducts shall comply with 2019 Reference Appendices RA3.l.4.l.3, which requires
that all ductwork shall be located entirely in conditioned space and shall be
confirmed to have less than or equal to 25 cfm leakage to outside when
measured as specified by Section RA3.1.4.3.4.
b. Slab floor perimeter insulation shall be installed w ith an R-value equal to or
greater than R10. The minimum depth of concrete-slab floor perimeter
insulation shall be 16 inches or the depth of the footing of the building,
whichever is less.
c. Design the hot water distribution system to meet minimum requirements for
the basic compact hot water distribution credit according to the procedures
outlined in the 2019 Reference Appendices RA4.4 .6
d. Central Fan Integrated Ventilation Systems. The duct distribution system shall
be designed reduce external static pressure to meet a maximum fan efficacy
equal to:
Gas Furnaces: 0.35 Watts per cfm
Heat Pumps: 0.45 Watts per cfm,
according to the procedures outlined in the 2019 Reference Appendices RA 3.3.
e. Include either:
i. 5 kWh battery of battery storage. OR
ii. A solar water heating system with a minimum solar savings fraction of
0.20.
EXCEPTION to 150.l(c)lS.A.e. Electrically heated buildings do not need to
include battery or solar water heating.
8 . Mixed-Fuel Multifamily
a. Slab floor perimeter insulation shall be installed with an R-value of equal to or
greater than RlO. The minimum depth of concrete-slab floor perimeter
insulation shall be 16 inches or the depth of the footing of the building.
whichever is less.
b. Design the hot water distribution system to meet minimum requirements for
the basic compact hot water distribution credit according to the procedures
outlined i n the 2019 Reference Appendices RA4.4.6
c. Central Fan Integrated Ventilation Systems . Central forced air system fans used
to provide outside air. shall have an air-handling unit fan efficacy less than or
equal to 0.35 W/CFM. The airflow rate and fan efficacy requirements in this
section shall be confirmed through field verification and diagnostic testing in
accordance with all applicable procedures specified in Reference Residential
Appendix RA3.3 . Central Fan Integrated Ventilation Systems shall be certified to
the Energy Commission as Intermittent Ventilation Systems as specified in
Reference Residential Appendix RA3.7.4.2.
d. Include either:
i. 2. 75 kWh of battery storage per dwelling unit. OR
ii. A solar water heating system with a minimum solar savings fraction of
0.20.
EXCEPTION to 150.l(c)lS.B. Electrically Heated buildings do not need to meet these
prescriptive requirements.
SUBCHAPTER 9 LOW-RISE RESIDENTIAL BUILDINGS-LOW-RISE RESIDENTIAL BUILDINGS-
ADDITIONS AND ALTERAT IONS TO EXISTING LOW-RISE RESIDENTIAL BUILDINGS
SECTION 150.2 -ENERGY EFFICIENCY STANDARDS FOR ADDITIONS AND ALTERATIONS TO
EXISTING LOW-RISE RESIDENTIAL BUILDINGS
Additions. Additions to existing low-rise residential buildings shall meet the requirements of Sections
110.0 through 110.9, Sections 150.0(a) through (q) and 150.0(s). and either Section 150.2(a)l or 2.
SUMMARY
ALL CONSTRUCTION MANDATORY
All new construction, additions, or alterations must comply with the following mandatory requirements:
• Water heating: 240V /30A circuit, condensate drain, l84@N
• Clothes Drying : 240V /40A circuit
• Cooking: 240V/50A circuit
.~' -·J ,,:-J;EH!!!.~,."' !.! , • ~ -
RESIDENTIAL PERFORMANCE AND PRESCRIPTIVE
Project Type
and Size
P.erformance Path Requirements I Prescriptive Path Requirements
Single and Two-
family New
Construction
1. All Electric. Demonstrate that the I Build All Electric and Meet 2019 Title 24 Part 6.
proposed home will be all electric, OR
2. Mixed Fuel Building. Proposed
Design Building shall be at least 10
EDR points less than the Total Energy
Design Rating calculated for the
Standard Design Building, OR
Mixed Fuel Building
a. Low leakage ducts i n conditioned space PER 2019 Reference Appendices RA3.1.4.3.8 .
b . Install R-10 perimeter slab insulation at a depth of 16-inches.
c. Compact hot water distribution per 2019 Reference Appendices RA4.4.6.
d. Maximum central fan integrated ventilation system efficacy of 0.35 Watts/cfm and
verification by a HERS rater according to 2019 Reference Appendices RA3.3.
e. Either 1) 5 kWh battery OR 2) A solar water heating system w ith a minimum solar
savings fraction of 0.20.
Multifamily New
Construction 3
stories or less
Low Rise
Residential
Additions or
Alterations
1. All Electric. Demonstrate that the
proposed building will be all-elect ri c,
OR
2 . Mixed Fuel Buildings. Proposed
Design Building shall be at least 10
EDR points less than the Total Energy
Design Rat ing calculated for the
Standard Design Building, OR
Meet 2019 Title 24 Part 6.
Build All Electric and Meet 2019 Title 24 Part 6.
Mixed Fuel Building
a . Install R-10 perimeter slab insulation at a depth of 16-inches.
b . Compact hot water distribution per 2019 Reference Appendices RA4 .4 .6.
c. Maximum central fan integrated ventilation system efficacy of 0 .35 Watts/cfm and
verification by a HERS rater according to 2019 Reference Append ices RA3.3 .
d . Either 1) 2.75 kWh battery per dwelling unit OR 2) A solar water heating system w ith
a minimum solar savings fraction of 0.20 .
Meet 2019 Title 24 Part 6 .
NONRESIDENTIAL PERFORMANCE AND PRESCRIPTIVE
Nonresidential I All Electric. Demonstrate that the
New Construction proposed building will be all electric
-Office or Retail
Occupancies
Mixed Fuel Buildings, All
Occupancies -
-Demonstrate that the
energy use of the proposed building is
9% more effic ient than the 2019 State
Energy Code .
Build All Electric and Meet 2019 Title 24 Part 6.
Mixed Fuel Buildings, All Occupancies · .,,. · t , ; · -,. . . as applicable:
a. Install fenestration with a solar heat gain coefficient either i) no less than 0.45 in
hotels/motels/high-rise multifamily, or ii) no greater than 0.22 in all other space types.
b. Design Variable Air Volume (VAV) box minimum airflows to be equal to the zone
ventilation m in i mums.
c. Include economizers and staged fan control in ai r handlers w ith a mechanical
cool i ng capacity:::: 33,000 Btu/h
d. Reduce the lighting power density (Watts/ft2) by ten percent {10 %) from that
required from Table 140.6-C.
e. In common areas, improve lighting :
1) Control to daylight d imming plus off per Section 140.G(a)2H
2) Pe rform Institutiona l Tuning per Section 140.G(a)2J
f . Install one drain water heat recovery device per every three guest rooms that is field
verified as specified in the Reference Appendix RA3.6.9 .
.-------------,--------------------------------------------
Mixed Occupancy I For bu ild i ngs that do not fa ll under
the exceptions of 100.0(f) of Title 24
Part 6, the bu il ding must meet the
performance requirements unde r the
residential and nonresidentia l
sect ions in this table based on a
weighted-aver age by floor area .
Nonreside ntial
Addit ions a nd
Alterat ions
Meet 2019 Title 24 Part 6.
Meet t he appropriate presc r i ptive requirements under the res identia l and
nonresidential elsewhere i n t hi s table, as appl icable .
Meet 2019 Title 24 Part 6 .
RESOLUTION NO . XXXX
A RESOLUTION OF THE CITY COUNCIL OF CITY OF CUPERTINO
TO DIVEST FULLY FROM THE FOSSIL FUEL SECTOR AND
SUPPORT THE TRANSITION TO CLEAN, SUSTAINABLE, AND
RENEWABLE ENERGY
WHEREAS, the climate crisis is a severe threat to current and future
generations here in Cupertino and around the world;
WHEREAS , the Intergovernmental Panel on Climate Change (IPCC) report
found that global warming is proceeding at a faster pace than had been previously
thought, causing costly disruption of human and natural systems throughout the
world including the melting of arctic ice, the ocean's rise , an increase in the ocean's
acidity, severe flooding, and drought;
WHEREAS, these extreme events have and will continue to negatively impact
the U .S. economy. In 2012, the United States accounted for 67% of the $160 billion
lost globally due to natural catastrophes";
WHEREAS, almost every government in the world has agreed through the
2009 Copenhagen Accord that any warming above a 2°c (3.6°f) rise would be
hazardous, 1394666.3 and that if humans release only about 565 more gigatons of
carbon dioxide into the atmosphere this limit will be not possible to maintain;
WHEREAS, for the purposes of this resolution, a "fossil fuel company" shall
be defined as any publicly-traded company whose primary business or enterprise is
extraction, production, refining, burning and/or distribution of any fossil fuels and any
company with the largest coal, oil, and gas reserves as measured by the g igatons of
carbon dioxide that would be emitted if those reserves were extracted and burned,
200 largest of which are listed in the carbon tracker initiative's "unburnable carbon"
report"';
WHEREAS, in its "unburnable carbon" report, the "c-states", or power-saving
states, have launched campaigns to have their institutions divest from fossil fuel
companies;
WHEREAS, Cupertino has already declared a state of cl imate emergency
calling for drastic action on September 18, 2018; and
WHEREAS , many cities in the Bay Area such as Mountain View, Richmond,
Oakland, and Berkeley; universities across America such as Stanford, San Francisco
State , and. the Foothill-De Anza Community College District; and in 2013 the Santa
Clara Water District divested from fossil fuel companies.
NOW THEREFORE THE CITY OF CUPERTINO RESOLVES AS FOLLOWS:
1. To divest fully from the fossil fuel sector and adopt policies to ban future
investment in fossil fuels while encouraging investments in sustainable energy
projects.
2. To direct the city manager or his/her designee to examine the city's holdings
and future investments to assure that the city complies with this policy.
3. To formally request that all retirement funds into which Cupertino contributes
fully divest from the fossil fuel sector and adopt policies to ban future
investments in fossil fuels.
4. To support other California cities' community-based actions against the fossil
fuel sector.
5. To commit to a fast and just transition to 100% renewable energy from all of
Cupertino by 2030 at the latest.
Kate Harrison
Councilmember District 4
Meeting Date:
Item Number:
REVISED
AGENDA MATERIAL
for Supplemental Packet 2
July 16, 2019
C
Item Description: Adopt an Ordinance adding a new Chapter 12.80 to the
Berkeley Municipal Code Prohibiting Natural Gas
Infrastructure in New Buildings
Submitted by: Councilmember Harrison
• Clarified that the ordinance applies to all currently modeled systems and will be
implemented for each new system as the CEC completes its work for that type.
• Updated reference to the Bi-Annual Housing Pipeline Report to include the
latest data.
• Included 2017 USGS HayWired graphic detailing expected earthquake-related
property damage in the East Bay.
• Made additional clarifying and formatting edits.
• Clarified section 12.80.040 E of the ordinance to remove a cross reference to
12.80.060.
2180 Milvia Street , Berkeley, CA 94704 • Tel : (510) 981-7140 • TDD : (510) 981-6903 • Fax : (510) 981-6903 E-Mail :
KHarrison@cityofberkeley.info
Kate Harrison
Councilmember District 4
To:
ACTION CALENDAR
July 916, 2019
Honorable Mayor and Members of the City Council
From : Councilmembers Harrison, Davila , Bartlett and Hahn
Subject: Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipa l
Code Prohibiting Natural Gas Infrastructure in New Buildings
RECOMMENDATION
1. Adopt an ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
(BMC) prohibiting natural gas i nfrastructure in new buildings with an effective
date of January 1, 2020.
2. Refer to the November 2019 budget process for consideration of allocating up to
$273,341 per year from excess equity to fund a two-year position in the Building
& Safety Division of the Department of Planning and Development. The staff
person will assist with implementing the gas prohibition ordinance and reach
codes, and perform other duties as specified in the Financia l Impl ications section
of this item .
POLICY COMMITTEE TRACK
Facilities, Infrastructure, Transportation , Environment ,& Susta i nability Po licy Committee
approved the ordinance, as amended, on June 17, 2019.
BACKGROUND
A. Previous Berkeley Efforts to Prohibit Natural Gas in New Construction
Natural gas is a leading source of green-house gas emissions (GHGs) in Berkeley,
responsible for 27% of the GHGs released in the city. The only source sector with more
local GHG emissions is the transportation sector.
In 2016 , the Community Environmental Advisory Commission (CEAC) unanimously
recommended that the Council consider phasing out natural gas appliances in new in
2180 Milvia Street , Berke ley, CA 94704 • Tel : (510) 98 1-7 140 • TDD : (510 ) 981-6903 • Fax: (510) 981-6903 E-Mail :
KHarrison@cityofberkeley.info
Adopt an Ordinance adding a new Chapter 12.80 to the Berke ley Municipal Code
Proh ibiting Natural Gas Infrastructu re in New Bu ildings
ACTI O N CALEN DAR
J uly 816 , 2019
buildings for climate, health and safety reasons .1 That year, Council endorsed the
recommendation and directed the CEAC and the Energy Commission to "develop and
evaluate a proposal for requiring installations of new cooking, water heating ; and/or
building heating systems to use technologies which do not burn natural gas ."2
The Berkeley Energy Commission subsequently investigated adopting an ordinance to
achieve at least one of Council's goals-phasing out gas water heater systems in new
buildings. Berkeley's commission concluded that requiring new buildings to use all-
electric heat pump hot water heaters would constitute an amendment to the state
energy code under Title 24, Part 6. Amendments to the energy code require approval
from the California Energy Commission (CEC). Such amendments are commonly
known as a 'reach' energy codes.
Until very recently, the state 's efforts focused on increasing energy efficiency but did not
consider the critical issue of reducing the GHGs that cause climate change. The models
used by the state still vastly underestimate the cost of environmental and health impacts
(discussed further below) caused by natural gas. At the time of the 2016 referral, the
Berkeley Energy Commission concluded that CEC policies, particularly the lack of all-
electric reference point and the laborious CEC requirement to demonstrate that e lectric
systems are as cost-effective as gas designs under a regulatory environment that
artificially favors fossil fuel by not considering externalities, convinced Berkeley
commissioners to abandon the reach code strategy until the CEC reversed its pol icies.3
Berkeley's Office of Energy and Sustainable Development (OESD) continues to take a
leading role with other cities in the region to present energy code amendments to state
authorities that facilitate electric designs, and signed on in support of comments before
the California Public Utilities Commission (CPUC) regarding utility incentives for fuel-
switching in existing buildings.4
1 Phasing Out Natural Gas for Heating and Cooking, Community Environmental Advisory Commission ,
November 1, 2016, https://www.cityofberkeley.info/Clerk/City_ Council/2016/11_Nov/Documents/2016-
11 -01 _Item_ 1 0_Phasing_ Out_Natural_ Gas.aspx.
2 Annotated Agenda Berkeley City Council Meeting, City C lerk's Office, November 1, 2016,
http://www.cityofberkeley.info/Clerk/City _ Council/2016/11 _Nov/Documents/11-01 _Annotated .aspx.
3 See "Berkeley Support to Phase Out Fossil Fuels with Clean Electrification," OESD, CEC Docket 18-
IEPR-09, June 28, 2018,
https://www.cityofberkeley.info/uploadedFiles/P1anning_and_Development/Level_3_-
-Commissions/Commission _for_ Energy/E C2018-07 -25 _ltem%207 c-
Com bined _ Comments%20to%20C EC%20and%20CPUC. pdf; See also, "Comments of The Natural
Resources Defense Council (NRDC) and Sierra Club On The Admin istrative Law Judge's Ruling
Seeking Comments On The Three-Prong Test."
4 "Berkeley Support to Phase Out Fossi l Fuels with Clean Electrification ," OESD, CEC Docket 18-IEPR-
09 , June 28 , 20 18 ,
2
Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
B. Ordinance Overview: A New Approach
ACTION CALENDAR
July 916 , 2019
The state CEC is now beginning to model create computer models that developers can
use for streamlining Title 24 approval of all-electric buildings and systems . As of
January, 2020, all-electric low-rise (three and fewer stories) residential buildings can be
modeledare considered a baseline under Title 24 and the CEC is hard at work creating
all-electric baselines for modelling other building types and models for systems. While
most of the building occurring in Berkeley is not low-rise residential, this ordinance
provides the City with an immediate and practical pathway to fossil free buildings.
This ordinance differs from the reach code approach in that it leverages the City's
authority under the California Constitution to prohibit installation of hazardous internal
gas piping infrastructure when granting use permitsentitlements for new buildings, and
as a result avoids CEC regulations associated with asking permission to amend energy
efficiency standards. It also does so without impinging on the CPUC's jurisdiction,
whose gas regulatory authority ends at the building's gas meter, or point of delivery
from within any given property.5 The effect of this legislation will be that builders will be
prohibited from applying for permits forentitlements land uses that include gas
infrastructure-gas piping to heat water, space, food, etc.-as each except for specific
building type and system~ that have not yet been modeled for all-electric design by the
CEC. Effective January, 2020, this restriction will apply to all currently modeled systems
10•11 rise residential buildings and will be implemented for each new building type or sub
system (e.g., central water heating) as the CEC completes its work for that type.
For example, the CEC software cannot yet model a central heat pump hot water system
that is typically used in all-electric mid-to high-rise residential buildings. CEC
commissioners have assured the City that they intend to release a central heat pump
hot water model early in 2020. When that happens, water heating will no longer be
exempt, and all buildings will have to use electric hot water heaters.
https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-
-Commissions/Commission_for _Energy/EC2018-07-25_Item%207c-
Combined_ Comments%20to%20CEC%20and%20CPUC.pdf. See also, "Comments of The Natural
Resources Defense Council (NRDC) and Sierra Club on The Administrative Law Judge's Ruling
Seeking Comments on The Three-Prong Test."
5 Although the legislature empowered the Commission to "require each gas corporation to provide
bundled basic gas service to all core customers in its service territory," it did not require customers to
install fuel gas piping ... behind the gas meter. See California Code, Public Utilities Code -PUC § 963,
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=PUC&division=1.&title=&pa
rt=1.&chapter=4.5.&article=2 .
3
Adopt a n O rdinance addi ng a new Chapt e r 12.80 to th e Berke ley Municipa l Code
Prohi biting Nat ural Gas Infrastructure in New Bu ildings
ACTI O N CALENDAR
July 916, 2019
This new approach wou ld fulfil a key Berkeley Energy Commission climate action
recommendation and has the endorsement of the current CEAC commission . In
December 20 18, the Energy Commission presented a draft response to the Council 's
proposed June 2018 Fossi l Free Resolution. As part of a broader strategy to eschew
fossi l fuels from Berkeley, it recommended that the Council "[p]rohibit gas cooktops and
dryers in new residences or a moratorium on new gas hook ups if possible."6 On May 9,
2019 the CEAC Comm ission unanimously approved a letter to Council endorsing this
ordinance , calling it "a cutting-edge environmental policy."7
Progress in Berkeley towards lowering emissions in new buildings has been
encourag i ng but is still incremental. To date, the federa l, state and local approach to
energy use in new buildings has largely been to mandate greater building efficiency and
energy conservation, which indirectly results in lower emissions, but does not directly
phase out fossil fuel consumption in new buildings . Berkeley is in the process of
adopting the ambitious , but voluntary, Deep Green Building Standards. The Deep
Green Building Standards do not present a way to expl icitly and directly limit
constructing buildings with natural gas infrastructure, a potent and persistent source of
greenhouse gas and other types of pollution .8 The Green Building Standards
regulations will also likely require additional energy reach codes to implement.
Gas-related emissions have increased because of regional population and job growth,
leading to an 18% rise in Berkeley's population since 2000, as well as the multi-decade
useful life of natural gas appliances.9 According to the Noi.<ember 2017July, 2019
Planning Department Bi-Annual Housing Pipeline Report, the City approved building
permits for ~2,315 residential units between January 1, 2014 and June, 2019.
November 2017. An additional 1,573 units have been entitled during that same time
6 Fossil Free Berkeley Subcommittee Draft Report , 12/5/2018 Berkeley Energy Commission Meeting,
https://www.cityofberkeley.info/uploadedFi les/Planning_ and _ Development/Level_ 3 _ -
_Commissions/Commiss ion _for_Energy/FFB%20Draft%20report%20for%20Dec%205%202018%20C
ommission%20Meeting%20Final.pdf
7 CEAC, Action Minutes, May 21, 2019
https://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-
-Commissions/Commission_for _Community_ Environmental_ Advisory/20190509 _ CEAC _ Action%20M
inutes.pdf; See a/so , CEAC, Community Environmental Advisory Commission Comments on
Prohibiting Natural Gas Infrastructure in New Buildings, May 9, 2019 ,
https ://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-
_Commissions/Commission _for_Community_Environmenta l_Advisory/CEAC%20DRAFT%20Letter%
20on %20Natural%20Gas%20042919. pdf.
8 The forthcoming 2019 California Energy Code allows for significant natural gas usage.
9 2018 Berkeley Climate Action Plan Update , p. 1.
4
Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916 , 2019
period952 units reoeived their oertifioate of oooupanoy during the same peri.10 The new
Adeline Corridor Plan calls for construction of another 1,400 housing units. Without
intervention, the vast majority of these units would feature natural gas infrastructure.
As a result, the city has 'locked in ' decades of additional carbon pollution, and stands to
will continue doing so with each new use permit approvalentitlemen t. The persistence of
fossil fuel industry marketing, fossil-fuel favoring regulations, the regional housing
affordability crisis, and the assooiated effort to expand the housing stock will continue to
drive local and regional increases in natural gas infrastructure and consumption unless
we act now.
Modern all-electric building technology is many times more efficient than the best gas-
powered technology. All-electric buildings in Berkeley in particular help fight climate
change because Berkeley has access to electric energy that is between 78-100%
carbon-free .22._ The ordinance_recognizes that all-electric heating technologies are cost-
competitive substitutes to their natural gas counterparts ( especially when installed
during new construction) and seeks to halt the expansion of natural gas into new
buildings to stave off the risk of locking in significant additiona l greenhouse emissions.
In the interim, City staff has indicated it will continue to design and seek approval of all-
electric codes to help guide home builders in constructing new buildings with systems
that have not yet been modeled by the CEC to increase energy efficiency.12
This legislation will have the effect of ushering in all-electric new buildings, avoiding
significant new greenhouse emissions and allowing the City to focus its climate fighting
efforts and resources on other critical sources of emissions such as existing buildings
and transportation.
The ordinance also includes some important exemptions. Internal AAccessory Dwelling
Units (ADUs)s (i.e ., ADUs built in the basement or attic of an existing home) are exempt
from this ordinance, because although those ADUs represent new construction, they will
utilize whatever fuel is used in the existing home. There is also a public interest
exemption, whereby minimally necessary and specifically tailored natural gas
10 Referral Response: Bi-Annual Housing Pipeline Report, Planning Department, November 11, 2017,
https://www.cityofberkeley.info/Clerk/City_ Council/2017/11_Nov/Documents/2017-11-
28 _ltem_21 _ Referral_Response _ Bi-Annual.aspx
11 2018 EBCE Power Mix, https://ebce.orq/power-miXF,,I and 2017 PG&E Power Mix,
https://www.pge.com/en US/about-pqe/environment/what-we-are-doinq/clean-energy-solutions/clean-
energy-solutions. page.
12 OESD reported in December 2018 that "Berkeley has worked with other local governments to create a
joint cost-effectiveness study ... for mixed-fuel and all-electric new construction over a ... sample of
building sizes and uses ... The findings from this cost-effectiveness study request are expected in early
2019 and will be (used] to evaluate options and opportunities for local amendments to promote deep
energy savings and electrification." See, 2018 Berkeley Climate Action Plan Update, p. 12.
5
Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Bui ldings
ACTION CALENDAR
July 916 , 2019
infrastructure may be allowed , provided that the staff, Zoning Adjustments Board and/or
the City Council (whichever is responsible for entitling the project in question)
establishes that the use of natural gas will serve the public interest and its use is not
physically feasible . In the event that some natural gas infrastructure is permitted, the
building will be required to have-sufficient conduit, wiring and electrical service to allow
full building electrification at a future date.
C. The CEC: Cost-effective Energy Efficiency Measures vs. the Climate
The California legislature established the CEC in the wake of the energy crisis of the
1970s "in order to reduce the wasteful, uneconomic, inefficient, or unnecessary
consumption of energy."13 The aim of the CEC has been energy efficient building design
at the lowest possible price . Its regulations set minimum efficiencies and cost-
effectiveness standards for new buildings with which building developers must comply .
The CEC creates computer models for a range of energy systems that builders can use
to demonstrate compliance with the minimum energy efficiency requirements. Before
builders can receive their building permit from their local city building department, they
must compa re their proposed energy systems design against a typical building type ·
established by the CEC, known as the baseline. A baseline can be thought of as a cost-
effective maximum energy budget which builders cannot exceed. Every three years the
CEC updates the energy codes through tightening the energy efficiency requirements
for a range of building types, including low-high residential buildings and non-residential
buildings such as commercial buildings .
Within each baseline, the CEC creates a theoretical typical building with a range of
efficient and cost-effective energy systems such as water heaters and space heaters.
For example, in creating a baseline for a single-family home, the CEC builds its typical
virtual house with efficient water heaters and space heaters along with windows,
ventilation systems, etc. in order to establish a desired energy budget for a typical
single-family home. In designing their buildings, developers can either go with the
CEC 's recommendation for each system type, known as the prescriptive method, or can
opt for more flexibility in choosing alternative systems and technology allowing for
energy efficiency tradeoffs across the building design (e.g., more wall insulation but less
efficient windows), known as the performance method .14
Fortunately, in response to state law's expanding focus on climate change , the
California Energy Commission is gradually broadening its energy standard regulations
to also minimize carbon emissions alongside energy inefficiencies at the lowest possible
13 Pub. Res. Code 25402 .
14 For example, under the performance method, the CEC may choose a certain water heater in its
baseline, but a builder may want a different model to achieve the specific design required by their
clients.
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Adopt a n O rd inance add ing a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Bu ildings
ACTION CALENDAR
July 816 , 2019
cost. The CEC will offer builders all-electric baselines for low-rise residential buildings
with the commencement of the new code cycle, known as the "2019 Building Energy
Efficiency Standards," on January 1, 2020. The CEC has not yet provided a timeline for
an all-electric baseline for mid-to high-rise residential buildings, and commercial
buildings; however, CEC officials intend to release them as soon as possible.
As a result, on January 1, 2020 builders choosing electric water and space heaters in
mid-to high-rise residential and commercial buildings must still compare their electric
designs to a baseline that undervalues climate pollution , and as such tends to favor
natural gas. This is despite the fact that modern electric heat pump technology
outperforms their gas counterparts in terms of both carbon emissions and total energy
usage . Therefore, builders may incur a slight penalty within their total energy budget
when choosing all-electric heaters. However, this penalty can often be made up by
improving performance in other areas of the code. For example, a builder might opt for
more building insulation to make up for the unfair penalty of choosing an electric water
heater, which is the best choice for the climate, energy efficiency and lifecycle cost.
The reach codes currently being explored by the City would incentivize all-electric
design. Reach codes cannot disincentive the construction of buildings with hazardous
gas stoves as the energy code does not regulate cooking equipment. Cities need an
additional tool to decarbonize at an emergency pace.
D. A Revolution in All-Electric Design
Developers across the Bay Area and the state are already proving that all-electric
design is feas ible across all building types-even without an all-electric baseline. These
projects are not only possible but profitable.
In 2018, the University of California implemented regulations prohibiting natural gas in
new buildings . According to the university system, "[n]o new UC build i ngs or major
renovations after June 2019, except in special circumstances, will use on-site fossil fuel
combustion, such as natural gas, for space and water heating ." Stanford University is
exploring a similar policy.15 It should be noted that large universities develop every kind
of building type imaginable from low-to high-rise dormitories, dining halls, classrooms,
libraries, laboratories, sports facilities etc. The UC system is acting regardless of CEC
policies across this wide range of building types.
Over the past decade, innovative engineers, architects and developers have paved the
way by building residential and commercial buildings all-electric, despite state policies
favoring fossi l fuel .§. A list of just some of these projects can be found in Attachment A .
15 Justin Gerdes, "California Universities Are Transitioning to All-Electric Buildings," Green Tech Media,
September 24, 2018, https://www.greentechmedia.com/articles/read/california-universities-are-
transition ing-to-all-electric-buildings#gs .j6pqs2.
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Adopt a n Ordinance addi ng a new C hapter 12 .80 to th e Berk e ley Municipa l Code
Prohibiting Nat ural Gas Inf rastructu re in New Build ings
F. The Climate Emergency
ACTIO N CALEN DAR
July 916, 2019
In June 2018, the Berkeley City Council declared a city-wide Climate Emergency, aimed
at reviewing the City's greenhouse gas em ission reduction strategies, commitments and
progress in light of recent political, scientific and climatic developments.16 In 2018, the
U.N. Intergovernmental Panel on C l imate Change (IPCC) suggested that to keep
warming under 1.5 degrees Celsius, governments must initiate a dramatic 45% cut in
global carbon emissions from 2010 levels by 2030 and reach global 'net zero ' around
2050. The time for incremental emissions reduction strategies is over-policymakers
must begin implementing "far-reaching and unprecedented changes in all aspects of
society ."17
Berkeley became a climate leader when voters overwhelmingly passed Measure G in
2006, calling for the City to reduce greenhouse gas emissions by 33% below 2000
levels by 2020, and 80% by 2050.18 The City Council adopted the 2009 Berkeley
Climate Action Plan, which was written through a community-wide process .19 The plan
identified buildings as major contributors to greenhouse gas emissions, representing
26% of community-wide emissions, and recommended the implementation of
aggressive building codes favoring low carbon appliances/infrastructure in new
buildings.20 A 2018 Climate Action Plan progress update by Berkeley's OESD reported
that "(c]ombustion of natural gas within Berkeley bu ildings accounted for 27% of tota l
GHG emissions in 2016 and 73% of bui lding sector GHG emissions ."21
16 Resolution Endorsing a Climate Emergency, Berkeley City Council, June 12, 2018,
https ://www.cityofberkeley.info/uploadedFiles/Council_2/Level_3_-
-General/Climate%20Emergency%20Declaration%20-%20Adopted%2012%20June%202018%20-
%20BCC .pdf
17 IPCC Press Release, Summary for Policymakers of IPCC Special Report on Global Warming of 1.5°C
approved by Governments, 8 October 2018,
http://www.ipcc.ch/pdf/session48/pr_ 181008_P48_spm_en.pdf
18 Resolution Submitting Measure G, Berkeley City Council , July 18, 2006,
https ://www.cityofberkeley.info/citycouncil/resos/2006/63396 .pdf; Ballotpedia, Berkeley Greenhouse
Gas Em issions, Measure G (November 2006), November 7 , 2006 ,
https://ba ll otpedia.org/Berkeley _Greenhouse_ Gas_ Emissions,_ Measure_ G _(November_ 2006)#cite _ n
ote-quotedisclaimer-1
19 Resolution No. 64,480-N .S .
2° City of Berkeley, Berkeley Climate Action Plan , June 2009,
https://www.cityofberkeley.info/uploadedFiles/Plan ni ng _and_Development/Level _3_ -
_Energy_and_Susta inable_Development/Berkeley%20Climate%20Action%20Plan.pdf, p . 59.
21 2018 Berkeley Climate Action Plan Update , Office of Energy and Sustainable Development, December
6 , 2018 , https ://www.cityofberkeley.in fo/C lerk/City_ Council /2018/12 _Dec/Documents/2018-12-
06_WS_ltem _01 _Clima t e_Action_P lan_Update_pdf.aspx , p. 10 .
8
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Adopt an Ordinance adding a new Chapt er 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916 , 2019
2016 Community Inventory
Resldentlal
Electrlclty
3%
Municipal Bulldlnas .......
t.,indfllled W:Ht1t JUL.
'"® W•tu Con•"mptlen a J 11
.,6. WHt.w•l•rTre•tinent
~ O.J 'l
Figure 1: Pie chart of 2016 community-wide GHG emissions inventory. broken down by sector and fuel.
The most current available data suggest that Berkeley's 2016 community-wide GHG
emissions are approximately 15% below 2000 baseline levels, despite a population
increase of approximately 18% in that same time period. The City is doing a good job in
the face of population increases but remains approximately 18% behind its 2020 goal
and will fall short of its ultimate goal of net zero emissions by 2050. The following
diagram from the Berkeley Energy Commission demonstrates that, without accelerated
efforts, the City will continue to be below its target. To reach the 80% goal, 75%
reductions in natural gas and petroleum usage are needed.22
i'OOO )005
BCAP 2017 Update
22 Id., p. 2 .
Strategies to Achieve 80% by 2050
Status
Quo
i'010 J01<; ,0}(1 ,0}'} lO O }Ql"i }040
Fossil Free by 2030
9
100%clean f
electricity
Reduce natural
gil~ by 7'">% t,
Reduce
petroleum by
75% iu
l04S 2050
Adopt a n O rdinance adding a new Chapter 12.80 to th e Berkeley Mun icipa l Code
Prohibiting Natural Gas Infrastructure in New Buildi ngs
G. Existing Decarbonization Efforts
ACT IO N CALE NDAR
J uly 916, 2019
The proposed ordinance to phase out natural gas is one part of an effort by the City of
Berkeley and the state of California to decarbonize buildings on a rapid and ambitious
timeline. City staff from every department, most notably Planning, are prioritizing
decarbon_i zation efforts in their work, including but not limited to phasing out natural
gas.:.,
AB 3232, passed in September 2018, mandates a 40% reduction in greenhouse gas
emissions from California's building stock by 2030. Achieving these reductions in the
next ten years will require combined efforts on building green new buildings and
retrofitting existing buildings to reduce emissions. The proposed ordinance phasing out
natural gas, combined with a reach code to incentivize all-electric buildings systems
even if not yet modeled by the CEC, -will create cleaner and greener buildings through
the building stage . For existing buildings, the City is looking into new programs to
streamline and reduce cost for green retrofits. The Building Energy Savings Ordinance
(BESO) is being reevaluated to include aspects of electrification . For decades, Berkeley
has provided a rebate on the real property transfer tax for seismic retrofits, and, based
on a Council referral, is now considering how that can be expanded for green retrofits,
including electrification, installing bioswales, and adding other green features. The
Office of Environmental Sustainability and Development also hosted a successful
Electrification Expo to educate on the benefits of decarbonization .
H. The Negative Externalities of Natural Gas in Buildings
I . Catastrophic Methane Leaks
We have known for a long time that burning gas generates carbon dioxide, a
greenhouse gas. New sci entific studies suggest that in addition to combustion , there are
significant additional carbon emissions stemming from gas leaks . When unburnt natural
gas, known as methane (CH4), is leaked into the atmosphere, it becomes one of the
most potent greenhouse gases despite its short lifespan. Methane leaks, from within the
building sector and across the gas supply chain, e.g. drill wells, pipelines etc., are
literally and figuratively cooking the planet.
According to the EPA, "[p]ound for pound , the comparative impact of CH4 [methane] is
more than 25 t imes greater than CO2 [carbon dioxide] ove r a 100-year period ."23
23 "Overview of Greenhouse Gases," U.S . Environmenta l Protection Agency,
https ://www.epa .gov/ghgemissions/overview-g reenhouse-gases#methane.:.
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916, 2019
Methane is even more potent in the first two decades of its lifespan-20 years after it is
release, methane has a global warming potential of 84 times that of carbon dioxide.
Methane's enhanced potency, particularly in the short term, results in more immediate
warming and thus warrants greater urgency. EDF estimates that "[a)bout 25% of the
manmade global warming we're experiencing is caused by methane emissions."24
Substantial methane gas is released into the atmosphere through hydraulic tracking and
other drilling methods.25 A 2018 EDF study estimated thatthe equivalent of 2.3% of tota l
annual domestic gas production leaks into the atmosphere each year from across the oil
and gas su pply chain.26 These leaks do not include additiona l leaks at and behind the
residential or commercial meter located on building premises. Leaks from natura l gas
infrastructure in the Bay Area are estimated at another 0.5%.27 Given the global
warming potential of methane over a 20-year period, from a purely climate change
perspective, burning coal would produce less greenhouse gas emissions than natural
gas. 28 This difference is even greater if you consider the global warm i ng potential of
methane over only a 10-year period.29
Cities cannot achieve their emissions reductions goals by expanding a building
infrastructure system and upstream supp ly chain that is leaking massive amounts of
methane. Consequently, the Rocky Mountain Institute calls upon cities to immediately
"[s]top supporting the expansion of the natural gas distribution system, including for new
homes ."30 While governments can and should try to regulate leaks in the short term,
ultimately there does not appear to be a cost-effective technical solution to end all leaks .
24 "Methane: The other important greenhouse gas ," Environmenta l Defense Fund ,
https ://www.edf.org/ climate/m ethane-other-important-greenhouse-gas .
25 The Economics of Electrifying Buildings, p . 26.
26 Ramon A. Alvarez et al., "Assessment of methane emissions from the U.S. oil and gas supply chain,"
Science Magazi ne, July, 13 2018. https://science.sciencemag.org/contenV361/6398/186; However,
EDF's study was probably too conservative ; an earlier Cornell study found that between the drill well
and the delivery point, conventional natural gas results in a 3.8% leak rate, and fracked shale gas
results in a whopping 12% leak rate . See Robert Howarth, "Methane emissions and climatic warm ing
risk from hydraulic fracturing and shale gas development: implications for policy," Dovepress, October
8 , 2015, http://www.eeb.cornell.edu/howarth/publications/f_EECT-61539-perspectives-on-air-
emissions-of-methane-and-climatic-warmin_ 100815_27470.pdf, p. 1 and p. 46.
27 Julie Chao, "Bay Area methane emissions may be double what we thought," Phys.erg, January 17,
2017 , https://phys.org/news/2017-01-bay-area-methane-emissions-thought.html.
28 Environmental Defense Fund , "The climate impacts of methane emissions," April 2012 ,
https://www.edf.org/climate-impacts-methane-emissions.
29 Save the EPA, "Oil and Gas Fields Leak Far More Methane than EPA Reports," June 28 , 2018 ,
http:/ /saveepaal u ms.info/2018/06/22/ oil-and-gas-fields-leak-far-more-m ethane-than-epa-reports/ at fn.
5.
30 The Economics of Electrifying Buildings, p . 10 .
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A dopt a n Ordinance adding a new C hapt e r 12.80 to th e Berke ley Municipal Code
Proh ibiting Natural Gas Inf rastructure in New Buildings
ACTI O N CAL EN DAR
July 916 , 201 9
To truly stop methane leaks from buildings and the oil and gas supply chain,
governments will have to consider abandon ing natural gas as a source of energy.
II. Health Impacts
The ordinance will also improve indoor and outdoor air quality by eliminating toxic
byproducts of natural gas. Unfortunately, the EPA does currently regulate indoor air
quality, and emissions from natural gas stoves are likely toxic to building occupants.
A 2013 Lawrence Berkeley National Laboratory study found that "60 percent of homes
in the state that cook at least once a week with a gas stove" produce toxic levels of
nitrogen dioxide, formaldehyde and carbon monoxide exceed ing federal standards for
outdoor air quality. Although electric stoves generate some toxins from cooking,
researchers found that gas stoves are more detrimental to indoor air qual ity because
they produce significant fossil fuel combustion byproducts not associated with e lectric
stoves.31 This issue is compounded by state efficiency standards, which are designed to
trap air indoors.
Researchers in the United States are Australia have begun to link the use of natural gas
stoves with asthma attacks and associated hosp italizations. Asthma and its relationship
to natural gas present profound questions about equity. 32 Researchers from the
University of California, Berkeley, and the Univers ity of California, San Francisco found
that the highest asthma rates in Berkeley and Oakland tracked areas that were redlined
pursuant to racist housing policies. 33 The true cost of "cheap " natural gas shou l d include
some portion of the massive societal and financial costs associated with respiratory
illness the Bay Area.
Improvements in electric induction cooktop technology suggest that the City of Berkeley
can simultaneously maintain its rich cul inary culture while taking action to reduce fossil
31 "Pollution in the Home: K itchens Can Produce Hazardous Levels of Indoor Pollutants," Jul ie C hao,
Lawrence Berkeley National Laboratory, July 23, 2013 ,
https://newscenter. lbl .gov /2013/07 /23/kitchens-can-prod uce-hazard ous-levels-of-i ndoor-pollutants/.
32 A 2017 California Public Health Department report found that asthma is 30% more prevalent for African
Americans and 40% more prevalent for Asian Americans and Native Americans than whites.
Gay/lesbian and bisexual men and women have 40-60% higher asthma prevalence than straight men
and women . Hispanics and Asians born in the U.S. are more than twice as likely to have current or
lifetime asthma than Hispanics and Asians born outside of the U.S. See California Department of
Health, "Asthma Prevalence in California: A Surveillance Report," January 2017,
https://www.cdph.ca.gov/Programs/CCDPHP/DEODC/EHIB/CPE/CDPH%20Document%20Library/Ast
hma_Surve illance_in_CA_Report_2017.pdf.
33 UC Berkeley Public Health , "Historically red lined communities face higher asthma rates" May 2019 ,
https ://sp h.berkeley.edu/historically-redlined-commun ities-face-higher-asthma-rates .
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916 , 2019
fuel emissions in new buildings. 34 Famous chefs across the country are turning to
induction cooking and commercial restaurants, and all restaurants in LAX a i rports latest
terminal are all-electric. Induction cooking equipment reduces chef burns and grease
fires and provides enhanced temperature control.
111 . Seismic/Fire Safety/Resi liency
The ordinance will help prevent deadly home fires that start from an open flame and are
fueled by gas lines. For example, the City of Santa Rosa is actively reconsidering the
role of natural gas in new buildings because of the destructive 2017 Tubbs firestorm. 35
The explosion of PG&E's gas lines in San Bruno and San Francisco further illustrate the
inherent danger of pumping fossil free at high pressure through streets and homes. 36
Gas fires cannot easily be extinguished with traditional firefighting techniques; they
require shutting off the source valve, which can be extremely difficult duri ng times of
disaster.37
Perhaps the ultimateThe extreme fire risk associated with natural gas infrastructure is
illustrated by the 2017 U.S. Geological Survey conducted H-ayWlred Scenario
simulatingstimulation of -"a 7.0 quake on the Hayward fault line with the epicenter in
Oakland." The agency's report predicted that "about 450 large fires could result in a loss
of residential and commercial building floor area equivalent to more than 52,000 single-
family homes and cause property (building and content) losses approaching $30
billion."38 The report identified ruptured gas lines as a key fire risk factor. This finding
mirrors the destructive gas fires resulting from the Loma Prieta (1989) and Northridge
( 1994) earthquakes.
34 While natural gas ranges are often regarded by home cooks as superior, induction electric stoves
provide faster heat response, easier clean up and more temperature precision . See e.g., Cooktop
Showdown -Gas vs. Electric vs. Induction, A Finer Touch Construction,
https :// aftconstruction. com/ cooktop-showdown-electric-vs-gas-vs-ind uction/. Applia nee manufacturer
Samsung introduced a new induction cooktop featuring a "virtual" LED flame that mimics a gas flame.
See also, 36" Induction Cooktop with Virtual Flame TM, Samsung US,
https://www.samsung.com/us/home-appliances/cooktops-and-hoods/induction-cooktops/36--built-in-
induction-cooktop-with-flex-cookzone--nz36k7880ug-aa/.
35 Will Schmitt, Santa Rosa council considers requirement for new homes to be independent of natural
gas, Press Democrat, November 10, 2018 , https://www.pressdemocrat.com/news/8899687-181/santa-
rosa-council-considers-requirement.
36 See e.g., Rebecca Bowe, Lisa Pickoff-White, Five Years After Deadly San Bruno Explosion: Are We
Safer?, KQED, September 8, 2015, https://www.kqed.org/news/10667274/five-years-after-deadly-san-
bruno-explosion-are-we-safer; See also, David Siders, Jerry Brown declares emergency around
Southern California gas leak, January 6, 2016, https://www.sacbee.com/news/politics-
governmenUcapitol-alert/article53353615.html.
37 Ronald T. Eguchi and Hope A. Seligson, "Practical Lessons from the Loma Prieta Earthquake (1994),"
The National Academic Press, https://www.nap.edu/read/2269/chapter/7#141.
38 "The HayWired earthquake scenario-Engineering implications," U.S . Geological Survey, April 18,
2018, https://pubs.er.usgs.gov/publication/sir20175013v2.
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Adopt an Ordinance adding a new Chapter 12 .80 to the Berkeley Municipal Code
Proh ibiting Natural Gas Infrastructure in New Buildings
Fire ............ , ... ........... §•-•·
10-!iO ..,_, ..
c:=J ........ -----
This map of Caloforn1a·s San Franc~co B ay region shows areas burned
as a result of fires caused by the hypothe.tical magnrtude-7 .0 ma,nshock
of t he HayWored earthquake scenario on the Hayward Fault. Wanner
colors show areas with greater building losses. Effects are most severe
near the H ayward Fault itself. These fires would result on a loss of
residennat and commercial building floor area .. equivalent to more than
52,000 single-f amily homes. The hres following the ma1nshock would
be dorectly responsible f or the loss of hundreds of lives, a total build -
ing replacement value of almost $1 6 billion, and total property losses
approaching S30 billion 120 16 dollars) Areas Cpolygons) shown are
based on d istance to the closest hre station.
ACTION CALENDAR
July 916 , 2019
Gas negatively impacts the resiliency of cities because gas lines are more difficult to
repair following disasters than electric infrastructure. In times of disaster, the fossil fuel
supply chain will likely be disrupted. By comparison, electric appliances in conjunction
with battery storage technology combined with renewable energy generation such as
rooftop solar can operate absent the grid's electric supply chain.
Critically, gas prices are always subject to significant volatility due to natural disasters,
as shown below:39
39 Adila Mch ich , "Are Crude Oil & Natural Gas Prices Linked?" CME Group, May 9, 2018,
https://www.cmegroup.com/education/articles-and-reports/are-crude-oil-natural-gas-prices-linked .html .
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
\18
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ACTION CALENDAR
July 916 , 2019
40
By contrast, clean electricity from renewable generation is extremely cost effective and
stable.
In case of electricity outages during a disaster or in preparation for high winds, neither
new natural gas nor electric water heaters or stoves will function normally, because
newer natural gas appliances require electricity to start. Thus, having more gas
infrastructure as a backup will become increasingly less useful. Also electric heat-pump
water heaters hold substantial amounts of hot water, ready to use in case of a disaster.
In electrical power outages, it is thus advantageous to have electric hot water heating.
IV. Stranded Assets
A 2018 Rocky Mountain Institute report cautioned cities that natural gas "infrastructure
will be obsolete in a highly electrified future, and gas ratepayers face significant
stranded asset [financial] risk" by expanding the natural gas system.41
California Senate Bill 100 ensures that the California electric grid will be 100%
greenhouse gas-free by 2045. Berkeley businesses and residents already have access
to 100% carbon free electric plans through East Bay Community Energy at the same
price as PG&E's standard rate, and many Berkeley electricity customers are placing
solar on their residences, which further undercuts the market for gas. A 2019 draft
report commissioned by the CEC shows plummeting demand for natural gas in coming
years and precipitous cost increases for customers that remain on gas.
40 Id.
41 The Economics of Electrifying Buildings, p. 10.
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Bui ldings
::::,
2000
1750
1500
1250
Natural Gas Demand
in PATHWAYS scenarios
~ 1000
1-
750
500
-Current Policy Reference
250 No Building Electrification
High Building Electrification
O 2020 2025 2030 2035 2040 2045 2050
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July 916, 2019
42
In 2018, former Governor Jerry Brown issued executive order B-55-18, pledging that the
California economy will be carbon neutral by 2045. Assembly Bill 3232 also requires the
CEC to create a plan by 2021 to reduce building sector emissions by 40 percent below
1990 levels by 2030.43 California's extremely carbon-intensive natural gas system will
have to be decommissioned, all new buildings will have to be emissions-free and
existing buildings will need retrofitting. These political developments along with e-veF-
increasingly of theincreasing climate emergency foreshadm1.is is increasing the
likelihood of future state and federal emissions regulations will impactin the gas sector.
Therefore, asAs customers continue to abandon gas in favor of clean electricity, the
percentage of ratepayers paying gas corporations for service, and indirectly to maintain
the drill wells, pipelines and distribution systems, will shrink over time. Absent a bailout
by the state, those ratepayers will be left with the burden of paying much higher rates to ·
support the system with assets that are no longer productive. Developers and their
investors will also likely suffer as their buildings will lose value given that prospective
tenants will face exorbitant rates to use energy in their leased space. Separately,
building owners will find when they go to electrify their gas building in the future, their
electric infrastructure will be undersized, which will cost them significant funds to rectify.
42 "Draft Results: Future of Natural Gas Distribution in California," California Energy Commission Staff
Workshop for CEC PIER-16-011, June 6, 2019, https://www.energy.ca.gov/research/notices/2019-06-
06_workshop/2019-06-06_Future_of_Gas_Distribution.pdf, p. 52-53 .
43 Pierre Delforge Merrian Borgeson, "Study: CA Needs a Safe, Managed Transition Away from Gas,"
NRDC, June 06, 2019, https ://www.nrdc.org/experts/pierre-delforge/study-ca-needs-safe-managed-
transition-away-gas .
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
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July 916 , 2019
In light of this reality, by preventing the unnecessary expansion of gas infrastructure into
new buildings, this ordinance reduces the problem of future stranded assets.
I. The Legal Case for Building Decarbonization
Under the California Constitution, Cities retain police powers to adopt building standards
that provide for their community's health, safety and welfare. 44 This ordinance makes a
series of climatic, geologic and health and safety findings.
The Berkeley City Attorney's office has reviewed the ordinance for legality with
assistance from outside counsel. In addition, the City Attorney's office has reviewed the
City's franchise agreements with the Pacific Gas & Electric Company.
J. The Economic Case for Building Decarbonization
I. Cost Effectiveness of Electrification
The decarbonization approach outlined in this ordinance is borne out by recent
economic analysis:
A 2018 report by the Rocky Mountain Institute considered carbon emissions
reductions and cost-effectiveness of all-electric space and water heating in new
single-family homes in Oakland.45 The report found that new single-family
developments avoiding gas could "save $1,000 to more than $24,000 per single-
family home, with a median value of $8,800 ."46 Due to their design, space
heating heat pumps function as both heaters and air conditioners, which will
become more critical as Berkeley's climate continues to warm. For new single-
family buildings in Oakland, "[electric] heat pumps are universally more cost-
effective" than natural gas space and water heaters due to their superior energy
efficiency, cost-competitiveness, and the avoided cost of connecting to the
Pacific Gas & Electric Company's natural gas distribution system.47
44 Article XI , Sec. 7. of the CA Constit ution reads: "A county or city may make and enforce within its limits
all local, police , sanitary, and other ordinances and regulations not in conflict with general laws ."
45 Sherri Billimoria, Mike Henchen, Leia Guccione, and Leah Louis-Prescott, "The Economics of
Electrifying Buildings: How Electric Space and Water Heating Supports Decarbonization of Residential
Buildings," Rocky Mountain Institute , June 14, 2018, https://rmi.org/wp-
content/uploads/2018/06/RMI_Economics_of_Electrifying_Buildings_2018.pdf. The Oakland study is
useful as Berkeley shares many of its characteristics, including its cl imate, architecture, the electric
and natural gas utility, PG&E, and membership in East Bay Community Energy.
46 Id., p. 47.
47 Id.
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Adopt a n Ord inance add ing a new Chapter 12.80 to the Be r1celey Municipal Code
Prohibiting Natural Gas Inf rastructu re in New Buildings
ACT ION CALEN DA R
July 916, 2019
• In 2017, Stone Energy Associates and Redwood Energy submitted letters to the
CEC advising the commission of the significant net cost savings per unit in multi-
family projects due to avoiding costly trenching and gas infrastructure.48
• A 2018 Natural Resources Defense Council-commissioned report found that all-
electric new multi-family construction "sees upfront capital savings, partly [as] a
result of not piping for gas."49
• A 2019 Energy and Environmental Economics, Inc. ("E3 ") report, jointly funded
by Southern California Edison, Sacramento Municipal Utility District, and the Los
Angeles Department of Water and Power found that all-electric low-rise
construction results in lifecycle savings of $130 to $540/year. Furthermore, E3
found that "[a]s the carbon intensity of the grid decreases over time, these
savings are estimated to increase to ~80% -90% by 2050 ."
• Green buildings are profitable because clients and customers are willing to pay
more to live and work in them .
Conventional wisdom says that gas is cheaper than electricity because the cost is lower
per unit of energy. However, electric appliances are significantly more efficient than gas
appliances and reduce the cost by using fewer units of energy. Electric heat pump water
heaters are up to five times more efficient than gas water heaters. 50 The price per unit
may be h igher for electricity, but in using fewer units the price of operation is not
necessarily higher and should be lower if thoughtfully-designed . In addition, electric
energy can be offset through rooftop solar or other local renewable sources, while gas
will always need to be purchased from an outside source. All-electric buildings can
achieve net-zero operational energy costs, which is impossible for mixed-fuel buildings.
48 CEC Docket No. 17-BSTD-01, Letter from Sean Armstrong , Redwood Energy, to CEC Re: 2019
Build ing Energy Efficiency Standards Pre-Rulemaking, October 11 , 2017 ,
https ://efiling. energy. ca.gov/Getoocument.aspx?tn=221464&DocumentContentld=27248; CEC Docket
No. 16-BSTD-06, Letter from Nehemiah Stone, Stone Energy Associates , to CEC Re: 2019 Building
Energy Efficiency Standards Development, April 4 , 2017.
49 Asa S . Hopkins, PhD, Kenji Takahashi, Devi Gl ick, Melissa Whited , "Decarbon izat ion of Heating Energy
Use in Californ ia Buildings: Technology, Markets , Impacts, and Policy Solutions ," Synapse Energy
Economics, Inc ., October 16, 2018 , http://www.synapse-
energy.com/sites/defaulUfiles/Decarbonization-Heating-CA-Bu ildings-17-092-1 .pdf.
50 See e.g., Sanden SANCO2 Heat Pump Water Heater,
https://www.sandenwaterhealer.com/sanden/assets/File/SAN DEN CO2WaterHeater 5 19. pdf. See
also, Rheem Performance Platinum 50 gal. 10-Year Hybrid High Efficiency Smart Tank Electric Water
Heater,
https://www.homedepot.com/p/Rheem-Performance-Platinum-50-gal-10-Year-Hybrid-High-Efficiency-
Smart-T ank-Electric-W ater-Heater-XE50T 1 OH D50U 1/303419574.
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 816 , 2019
The idea that gas is de jure cheaper than §8&'.electricity neg lects the issue of stranded
assets. A 2018 Rocky Mountain Institute report cautioned cities that natural gas
"infrastructure will be obsolete in a highly electrified future, and gas ratepayers face
significant stranded asset [financial] risk" if the natural gas system is expanded.51 m-
addition, eleotrio energy loads oan be offset through rooftop solar or other looal
renewable souroes, 1.o.ihile gas will always need to be purohased from an outside souroe.
All eleotrio buildings oan aohie 1.ie net zero operational easts, 1.o.ihich is impossible for
mixed fuel buildings.
As explored in Section H, there are significant externalities to burning natural gas,
particularly around climate change, public health, and earthquake and fire
preparedness. The CEC's models do not consider the costs to public health or recovery
from earthquakes or fires. When calculating cost-effectiveness, the CEC uses a very
low price for the climate impact of carbon, $18 per ton. According to a 20 13 CPUC
study, carbon emissions should be priced at between $73 and $80 per metric ton in
2020, more than four times the price used in the CEC's models. When the full cost of
carbon is considered, it is no longer accurate to say that natural gas is cheaper than
increasingly renewable electricity.
11. Green Jobs
As new all-electric buildings come online as a result of this ordinance and broader
trends in the economy, new jobs specializing in green building will continue!,y emerge. In
2017, nationwide jobs in the clean energy sector eclipsed the fossil fuel industry,
despite record fossil fuel exploration and recovery.52
While certain trades such as electricians and many other trades will see an expansion in
demand for services as a result of prohibiting natural gas infrastructure in new buildings,
other trades may see a decrease in work as gas infrastructure is phased out. It is
incumbent upon the City of Berkeley to continue do everything it can to support workers
in securing a just climate transition and living wages.
While electric loads will increase through electrification of buildings and cars, our
Alameda County's community choice aggregator, East Bay Community Energy, is
ramping up local electricity production and electrification programs , with a
parallelsignificant opportunity for increased local energy jobs.
OUTREACH. OVERVIEW. AND RESULTS
The ordinance has evolved over time thanks to the thoughtful input of both all-electric
and mixed-fuel developers, climate activists, engineers, building applicants, and
51 The Economics of Electrifying Buildings, p. 10.
52 Lara Ettenson, "U .S. Clean Energy Jobs Surpass Fossil Fuel Employment," NRDC, February 01, 2017,
https://www.nrdc.org/experts/lara-ettenson/us-clean-energy-jobs-surpass-fossil-fuel-employment.
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Adopt an Ordinance adding a new C hapt er 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructu re in New Bui ldings
ACTI O N CALENDAR
July 816, 2019
Planning Department staff. The Berkeley Energy Commission and the Comm u nity
Environmenta l Advisory Commission both unanimously approved the recommendations
in the ordinance .
The Berkeley Energy Commission held two specia l meetings on the proposed
ordinance to facilitate feedback from key stakeholders . The first meeting, held on April
24, 2019 focused on residential development while the second meeting, held on June
12, 2019, dealt with commercial and industrial development. In both meetings, energy
consultants , developers, and architects who do all-electric design presented the
technology and innovations that make all-e lectric design feasible, cost-effective , and
attractive . There were then questions and discussion with developers and climate
activists. At an outreach meeting to the Downtown Business Association on June 27,
the most common question was regarding resil ience in the face of electrical power
outages. Research indicates that all-electric appliances actually offer more resiliency, as
discussed further in section H .111 of this transm ittal.
The intent of this ordinance is not to slow development, but to ensure that new
development is safer, greener, and more resilient than ever before. Councilmember
Harrison's office joined and helped facilitateEI-conversations among architects and
electrical engineers to study the impact of the ordinance WGfk..with regard to the
California Energy Code 's existing models and to assist the CEC in mode ll ing new all-
electric systems and establish buildings alF-electric baselines for all building types.
These models, which are explained in more depth in section D of the background
information, are intended for public consumption to assist developers through the
process of electric buildings. This team has been in communication with the CEC to
disseminate this information further.
Between the initial referra l to the Facilities, Infrastructure, Transportation, and
Environmental Sustainability Committee and the current form of the ordinance, the
following changes were made:
• The prohibition on natural gas is now applicable at the time of entitlement rather
than building permit.-:-
• Rather than an outright ban, gas is phased out of building types and systems as
the California Energy Commission creates models that allow developers to have
their buildings approved. Though it would be feasible, cost effective and legally
permitted to ban natural gas outright for all building types and systems today, the
CEC, the agency which establishes the models for buildings and systems to be
approved under Title 24, has not completed work on its models allowing the
complete electrification of all building types and systems.
• A provision providing that mixed-fuel buildings must be all-electric ready so that
that adaptation would not have to be made at a later time, at much greater
expense . The easiest , most cost-effective option for develope rs is to be
20
Adopt an Ordinance add ing a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916, 2019
prepared to switch away from natural gas, even when it is included in the initial
development.
• A budget referral to fund a new FTE in the Building & Safety Division was added.
FINANCIAL IMPLICATIONS
Staff time will be necessary to implement the new permit regulations.
Staff estimates that the total annual staff cost for a t'.\10 yeartwo-year position to
implement a gas prohibition ordinance and reach codes would be $273,341 per year,
funded from excess equity. The position would be in the Building & Safety Division of
the Department of Planning and Development.
The staff person would also:
• assist the City of Berkeley in advancing its leadership in electrifying buildings;
• assist in development of future code amendments would be the lead staff for
managing implementation of new energy-related ordinances and codes, including
the Deep Green Building Standards;
• provide training to staff and assistance and consultation to applicants; and,
• assist property owners with incentives (e.g., anything offered under the Pathways
to Green Buildings plan, the electrification transfer tax subsidy ordinance).
ENVIRONMENTAL SUSTAINABILITY
Prohibiting natural gas infrastructure in new buildings will prevent the release of
significant additional natural gas-related greenhouse gasses from new buildings.
CONTACT PERSON
Councilmember Kate Harrison, Council District 4, (510) 981-7140
Attachments:
1. Attachment A: Bay Area and California All-Electric Design Projects
2. Proposed Ordinance Adding BMC Chapter 12.80
21
Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916, 2019
Attachment A
B Ar ay eaan a orma -ec IC es12n ro_1ec s d C lifi . All El tr· D . P · t 53
Residential Commercial
UC Santa Cruz Student Housing West The David & Lucile Packard Foundation
750,000 square feet, 3 ,000 beds Headquarters
49,200 square foot Office Building , San Jose, CA
UC Riverside Dundee Residence Hall IDeAs Z2 Design Facility
600 ,000 square feet, Riverside, CA 6 ,557 square foot Office Building , San Jose, CA
UC Irvine Student Housing West The Exploratorium
1,441 beds, Irvine, CA9 200,000 square foot science museum, San
Francisco, CA
UC Davis Student Housing, Webster Hall Mark Day School
Replacement 14,574 square feet, Marin , CA
371 beds, Davis, CA
Casa Adelante, 2060 Folsom Affordable Golden Gate Park Tennis Center
Housing San Francisco, CA
9-stories 127 Units, San Francisco, CA
Maceo May Veterans Apartments, Treasure Marin Country Day School
Island 11,500 square feet, Marin, CA
105 units, San Francisco, CA
Balboa Upper Yard Fami.ly Apartments Lick Wilmerding High School
120 units, San Francisco, CA 55 ,000 square feet, San Francisco , CA
Hunters Point Shipyard Block 52, Sonoma Academy
136 units, San Francisco, CA Dining Facility, Sonoma, CA
Hunters Point Shipyard Block 54 UC Santa Cruz Cowell Ranch HayBarn
136 units, San Francisco , CA 5,000 square feet Office and Event Building ,
Santa Cruz, CA
681 Florida, UC-Davis Jess Jackson Sustainable Winery
136 units , San Francisco, CA Building ·
Davis, CA
Linda Vista, Mountain View UC-Merced Administration Building
101 units, Mountain View, CA Merced, CA
53 Scott Shell, Presentation, Berkeley Energy Commission, April , 24, 2019 ,
https ://www.cityofberkeley.info/uploadedFiles/Planning_and_Development/Level_3_-
_Commissions/Commission_for_Energy/EC2019-04-24_Late%20Communication_Shell-
Berkeley%20Electric%20Preso.pdf
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Adopt an Ordinance adding a new Chapter 12.80 to the Berkeley Municipal Code
Prohibiting Natural Gas Infrastructure in New Buildings
ACTION CALENDAR
July 916 , 2019
Coliseum Place, 905 72nd Ave, Oakland Santana Row Lot 11
59 units , Oakland , CA 236,000 square feet of office and retail space,
San Jose, CA, US
Edwina Benner Plaza 270 Brannan,
66 units , Sunnyvale, CA 202,000 square feet of Class A office , San
Francisco, CA
Stoddard Housing SFO Admin Office
50 units, Napa , CA San Francisco , CA
2437 Eagle Ave, Alameda Affordable SMUD Operations Office
20 Units , Alameda, CA Sacramento, CA
Station House 435 Indio Office Renovation,
171 Units, Oakland, CA 31,000 square feet Office Renovation ,
Sunnyvale , CA
Ice House, Oakland 415 N. Mathilda Sunnyvale Office Renovation
124 Un its {destroyed in arson fire) 33 ,750 square feet, Office , Sunnyvale, CA
AP+I Office Office Renovation
14,300 square feet , Office Renovation, Mountain
View, CA
380 N. Pastoria Office Renovation
42,000 Square Feet Office Renovation, Mountain
View , CA
J. Craig Venter Institute Laboratory
44 ,600 square feet, Research Lab, San Diego,
CA
Lawrence Berkeley National Lab Integrative
Genomics Lab
81,000 square feet Lab, Berkeley, California
BioEpic Laboratory, Lawrence Berkeley
National Lab
70,000 square feet, Berkeley, California
Kaiser Santa Rosa Medical Office
87 ,300 square feet , Santa Rosa , CA
Bradley Terminal, LAX
Los Angeles, CA
All Electric Restaurants at LAX
Los Angeles, CA
23
ORDINANCE NO. -N.S.
ADDING A NEW CHAPTER 12.80 TO THE BERKELEY MUNICIPAL CODE PROHIBITING
NATURAL GAS INFRASTRUCTURE IN NEW BUILDINGS EFFECTIVE JANUARY 1, 2020
BE IT ORDAINED by the Council of the City of Berkeley as follows:
Section 1. That Chapter 12.80 of the Berkeley Municipal Code is added to read as follows :
Chapter 12.80
PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN NEW BUILDINGS
Sections:
12.80.010 Findings and Purpose.
12.80.020 Applicability.
12.80.030 Definitions.
12.80.040 Prohibited Natural Gas Infrastructure in Newly Constructed Buildings.
12.80.050 Exception.
12.80.060 Public Interest Exemption.
12.80.070 Annual Review.
12.80.080 Severability.
12.80.090 Effective Date.
Page 1
12.80.010 Findings and Purpose.
The Council finds and expressly declares as follows :
A. Scientific evidence has established that natural gas combustion, procurement and
transportation produce significant greenhouse gas emissions that contribute to globa l
warming and climate change.
B . The following addition to the Berkeley Municipal Code is reasonably necessary because of
local climatic, geologic and health and safety conditions as listed below:
(1) As a coastal city located on the San Francisco Bay, Berkeley is vulnerable to sea level
rise, and human activities releasing greenhouse gases into the atmosphere cause
increases in worldwide average temperature, which contribute to melting of glaciers
and thermal expansion of ocean water -resulting in rising sea levels.
(2) Berkeley is already experiencing the repercussions of excessive greenhouse gas
emissions as rising sea levels threaten the City's shoreline and infrastructure, have
caused significant erosion, have increased impacts to infrastructure during extreme
tides, and have caused the City to expend funds to modify the sewer system.
(3) Berkeley is situated along a wildland-urban interface and is extremely vulnerable to
wildfires and firestorms, and human activities releasing greenhouse gases into the
atmosphere cause increases in worldwide average temperature, drought conditions,
vegetative fuel, and length of fire seasons-all of which contribute to the likelihood and
consequences of fire.
(4) Berkeley's natural gas building infrastructure, a potentially significant source of fire
during earthquakes and other fire events, is precariously situated along or near the
Hayward fault, which is likely to produce a large earthquake in the Bay Area.
(5) Some subpopulations of Berkeley residents are especially vulnerable to heat events.
(6) Berkeley residents suffer from asthma and other health conditions associated with poor
indoor and outdoor air quality exacerbated by the combustion of natural gas.
C. The people of Berkeley, as codified through Measure G (Resolution No. 63,518-N.S.), the
City of Berkeley Climate Action Plan (Resolution No. 64,480-N.S.), and Berkeley Climate
Emergency Declaration (Resolution No. 68,486-N.S.) all recognize that rapid, far-reaching
and unprecedented changes in all aspects of society are required to limit global warming
and the resulting environmental threat posed by climate change, including the prompt
phasing out of natural gas as a fuel for heating and cooling infrastructure in new buildings.
D. Substitute electric heating and cooling infrastructure in new buildings fueled by less
greenhouse gas intensive electricity is linked to significantly lower greenhouse gas
emissions and is cost competitive because of the cost savings associated with all-electric
designs that avoid new gas infrastructure .
E. All-electric building design benefits the health, welfare, and resiliency of Berkeley and its
residents.
F. The most cost-effective time to integrate electrical infrastructure is in the design phase of a
building project because building systems and spaces can be designed to optimize the
performance of electrical systems and the project can take full advantage of avoided costs
and space requirements from the elimination of natural gas piping and venting for
combustion air safety.
G. It is the intent of the council to eliminate obsolete natural gas infrastructure and associated
greenhouse gas emissions in new buildings where all-electric infrastructure can be most
practicably integrated, thereby reducing the environmental and health hazards produced by
the consumption and transportation of natural gas.
12.80.020 Applicability.
2
A. The requirements of this Chapter shall apply to the entitlement of or the processing of
development applications for all Newly Constructed Buildings proposed to be located in
whole or in part within the City.
B . The requirements of this Chapter sha ll not apply to the use of portable propane appliances
for outdoor cooking and heating.
C. This chapter shall in no way be construed as amending energy code requirements under
Title 24, Part 6 or Part 1, nor as requiring the use or installation of any specific appliance or
system as a condition of approval.
D . The requirements of this Chapter shall be incorporated into conditions of approval for
applications for permits under BMC Chapter 23.B.
12.80.030 Definitions.
A. "Accessory Dwelling Unit" shall have the same meaning as specified i n Section 65852.2 of
the Government Code.
B. "Greenhouse Gas Emissions" mean gases that trap heat in the atmosphere.
C. "Natural Gas" shall have the same meaning as "Fuel Gas" as defined in California Plumbing
Code and Mechanical Code .
D. "Natural Gas Infrastructure" shall be defined as fuel gas piping , other than service pipe, in or
in connection with a building, structure or within the property lines of premises, extending
from the point of delivery at the gas meter as specified in the California Mechanical Code
and Plumbing Code.
E. "Newly Constructed Building" shall be defined as a building with a valid Use Permit or
Zoning Certificate application approved on or after the effective date of this Chapter that has
never before been used or occupied for any purpose.
F. "Use Permit" shall have the same meaning as specified in Chapter 23B.32 .
G . "Zoning Certificate" shall have the same meaning as specified in Chapter 23B.12 .
12.80.040 Prohibited Natural Gas Infrastructure in Newly Constructed Buildings.
A. Natural Gas Infrastructure shall be prohibited in Newly Constructed Build ings.
8. Notwithstanding BMC 12.80.040.A, Natural Gas Infrastructure may be permitted in a Newly
Constructed Building if the applicant for a Use Permit or Zoning Certificate required to
construct the building establishes that it is not physically feasib le to construct the building
without Natural Gas Infrastructure.
C. For purposes of this section, "feasible to construct the building" means either a prescriptive
compliance approach is available for the build ing under BMC Chapter 19.36, or that the
building is able to achieve the performance compliance standards for newly constructed
buildings under BMC Chapter 19.36 using commercially available technology and an
approved calculation method.
D. Natural Gas Infrastructure shall not be extended to any system or device within a build ing
for which an equivalent all-electric system or design is available.
E. To the extent that a public interest exemption and installation of Natural Gas Infrastructure fS
is permittedgranted , Newly Constructed Buildings shall be requ ired to have sufficient electric
capacity and conduit to facil itate full building electrification.
F. The requirements of this sect ion shall be deemed objective planning standards under
Government Code section 65913.4 and objective development standards under
Government Code section 65589.5.
12.80.050 Exception for Attached Accessory Dwelling Units.
The requirements of this Chapter shall not app ly to attc1ched Accessory Dwelling Units.
3
12.80.060 Public Interest Exemption.
A. Notwithstand ing the requirements of this Chapter and the Greenhouse Gas Emissions and
other public health and safety hazards associated with Natural Gas Infrastructure, minimally
necessary and specifically tailored Natural Gas Infrastructure may be allowed in a Newly
Constructed Build ing provided that the entity responsible for entitling the project establishes
that the use serves the public interest.
B. To the extent that stand-alone delivery systems are available, the exemption shall requ ire
that the entity responsible for entitling the project consider whether a stand-alone delivery
system is physically feasible before granting an exemption.
C. To the extentthat a public interest exemption and installation of Natural Gas Infrastructure is
granted, Newly Constructed Buildings shall be required to have sufficient electric capacity
and conduit to facilitate full building electrification.
12.80.070 Annual Review.
The City shall review annually the requirements of this ordinance for ongoing consistency with
California Energy Commission regulations under Title 24, Part 6 and the Commission 's code
adoption cycle.
12.80.080 Severability.
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any
application thereof to any person or circumstance is declared void, unconstitutional, or invalid
for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or
the prescribed application thereof, shall be severable, and the remaining provisions of this
Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid,
shall remain in full force and effect. The City Council hereby declares that it would have passed
this title, and each section, subsection, sentence, clause and phrase of this Chapter,
irrespective of the fact that any one or more sections, subsections, sentences, clauses or
phrases is declared invalid or unconstitutional.
12.80.090 Effective date.
The provisions of this chapter shall become effective on January 1 , 2020.
Section 2. This Ordinance shall be submitted to the California Building Standards Commission
following adoption as consistent with state law.
Section 3. Copies of this Ordinance shall be posted for two days prior to adoption in the display
case located near the walkway in front of the Maudelle .Shirek Building, 2134 Martin Luther King
Jr. Way. Within 15 days of adoption, copies of this Ordinance shall be filed at each branch of the
Berkeley Public Library and the title shall be published in a newspaper of general circulation.
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AMENDED IN COMMITTEE
FILE NO. 181004 10/29/2018 ORDINANCE NO . 294-18
[Environment Code -Single-Use Food Ware Plastics, Toxics, and Litter Reduction]
Ordinance amending the Environment Code to requireallow food vendors to supply
single-use plastic straws only upon request; provide for sale of plastic straws; clarify
that nothing in Chapter 16 shall be construed to conflict with laws concerning the
rights of individuals with disabilities; and affirming the Planning Department's
determination under the California Environmental Quality Act.
NOTE: Unchanged Code text and uncodified text are in plain Arial font.
Additions to Codes are in single-underline italics Times New Roman font.
Deletions to Codes are in strikethr01,1gh italics Times ]Vew Roman font.
Board amendment additions are in double-underlined Arial font.
Board amendment deletions are in strikethrough /\rial font.
Asterisks (* * * *) indicate the omission of unchanged Code
subsections or parts of tables.
Be it ordained by the People of the City and County of San Francisco:
Section 1. The Planning Department has determined that the actions contemplated in
this ordinance comply with the California Environmental Quality Act (California Public
Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the
Board of Supervisors in File No. 181004 and is incorporated herein by reference. The Board
affirms this determination.
Section 2. Findings.
(a) The f:_)roduction and management associated with single-use food and beverage
service ware, typically used for only a few minutes before being discarded, has significant
environmental impacts, including environmental contamination; consumption of energy, water,
and non-renewable polluting fossil fuels; emissions of greenhouse gases; air and water
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pollutants; depletion of natural resources ; litter on streets and in waterways; plastic pollution;
and increased litter clean-up and discard management costs.
(b) Single-use service ware may threaten public health because many types contain
many additives that are known or suspected carcinogens or endocrine disruptors, such as
phthalates, perchlorate, and fluorinated chemicals. These additives are known to leach from
food service ware into the fqod and beverages they contain .
(c) Fluorinated chemicals, also known as per-and polyfluorinated alkyl substances
("PFAS"), are synthetic chemicals commonly used in and on single-use service ware products
to repel water and grease. A 2018 Center for Environmental Health study found that 57% of
tested food service ware contained significant levels of fluorinated chemicals. Fluorinated
chemicals are extremely persistent in the environment, leach into food, and can be taken up
from soil into food. In 2016, the FDA rescinded its approval for use of three such fluorinated
chemicals from food contact materials due to associated heightened risks of cancer, toxicity,
and other health effects. Other PFAS chemicals have similar chemical structures, and may
pose similar risks.
(d) Plastic straws were among the top 10 items collected during the California
Coastal Cleanup Day from 1989 to 2014, and seven of the 10 were single-use food and
beverage service ware items. These items accounted for 34% of total trash collected .
(e) In a 2011 Bay Area study of street litter in areas impacting urban runoff to the
San Francisco Bay, 67% of all 12,000 litter items counted were single-use food or beverage
packaging . Fifty percent of the items came from fast food service.
(f) Eighty percent of marine debris originates on land, primarily as litter in urban
runoff. Marine plastic degrades into pieces and particles of all sizes, and is present in the
world's oceans at all levels (surface, water column, and bottom). It attracts ambient
pollutants, particularly persistent organic pollutants, which collect on the surface of plastic
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particles. Marine plastic also causes animal disease and mortality, as ocean species ingest
the plastic or become entangled in it. Furthermore, plastic has been detected in seafood sold
for human consumption.
(g) Researchers have also detected plastics in bottled water, sea salt, honey, and
indoor and outdoor air.
(h) As of 2012, 120 billion single-use cups are used per year in the United States,
equal to 370 per person per year. By this measure, San Franciscans use more than 300
million cups per year, with a total estimated weight of 10 million pounds. Since the average
CO2 footprint of a paper cup is 0.033 pounds of carbon dioxide emissions, San Francisco
single-use cup use equals to nearly 5000 tons of greenhouse gas emissions.
(i) An estimated 500 million straws are used each day in the U.S., equal to 1.5 per
person per day. This adds up to more than a million straws per day in San Francisco.
0) The San Francisco Public Utilities Commission (SFPUC) operates the City's
combined sewer system, which serves over 90% of the City. The system collects, treats, and
safely manages both sanitary sewage and stormwater runoff in the same pipes and facilities.
To maintain the system's function, it is critical to keep key infrastructure like catch basins free
of litter and debris. When filled with litter, these catch basins must be cleaned by staff -
increasing operations and maintenance costs. The SFPUC removes over 4,700 cubic yards
of litter per year (approximately 14,000 bags of litter) from the three wastewater treatment
plants located within the City. On an annual basis, litter removal from wastewater is costly
and time consuming for the SFPUC . The SFPUC Wastewater Enterprise spends roughly
$230,000 a year on waste (trash and recycling) removal at its three in-city wastewater
treatment plants. Approximately 50% of the trash at the largest treatment plant in the city, the
Southeast Treatment Plant, is plastic items. There has been a noticeable decline in single-use
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plastic bags received by the Southeast Treatment Plant since San Francisco's ban and
charges on single-use plastic checkout bags in 2007 and 2012.
(k) In certain areas of the city, the SFPUC operates a municipal separate storm
sewer system (MS4) where stormwater is released directly into waterways, while sanitary
sewage is directed to SFPUC treatment plants. In MS4 areas, the SFPUC is required to
capture litter conveyed by stormwater runoff. Banning single-use plastic items, such as
straws, will reduce the amount of litter discharged into waterways and support MS4 permit
compliance with state regulations .
(I) Policies that promote reusable food service ware encourage both reuse of
materials, and reduction of pollutants. These twin strategies are crucial for conserving
resources and protecting the environment. They are thus integral to San Francisco's goal of
zero waste.
(m) The Clean Water Fund Rethink Disposable program, in partnership with San
Francisco and other Bay Area cities, found over the last four years that reusable food and
beverage service ware offers environmental and economic advantages over single-use
products, and that the benefits multiply with each use. Switching to reusables was found to
save food service businesses costs, even with dishwashing, energy, and labor expenses
factored in. Food establishments that have participated in the ReThink Disposable program to
reduce the use of single-use food service ware and beverage cups have demonstrated that
businesses can save thousands of dollars per year while providing their customers with a
more enjoyable dining experience .
(n) The practice of freely giving customers single-use food service ware encourages
customers and food vendors to pay little attention to the quantity of disposable packaging
products they consume and the associated environmental impact.
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(o) The City and County of San Francisco has adopted a citywide goal of zero
waste. Single-use food service ware poses difficulties for composting and recycling, because
these items are often too small to sort, or are made from a combination of materials, such as
plastic-coated paper. Such combinations risk contamination problems, and increase discard
management costs, hampering San Francisco from achieving zero waste.
(p) San Francisco is a recognized leader in developing model zero waste policies
and programs . It was the first American city to ban single-use plastic checkout bags in 2007,
a step that triggered a widespread movement to ban such plastic bags and to charge for other
checkout bags. Similar policies have since been enacted across California and beyond. In
continuing to strive for zero waste, San Francisco must now take the lead to reduce use of
single-use food and beverage service ware.
Section 3. The Environment Code is hereby amended by revising Sections 1602, 1603
and 1604, to read as follows:
SEC. 1602. DEFINITIONS.
The following definitions of terms are either amended or added to Section 1602, and
placed therein among the defined terms in correct alphabetical position:
"Compostable" means that an item or material is (1) accepted in San Francisco's
available composting collection program as fully compostable, as determined by the
Department of the Environment; (2) is listed, described, or referenced on the Department's
website as compostable; and (3) as of January 1, 2020 is either certified compostable by the
Biodegradable Product Institute or other third party recognized by the Department, or is a
napkin, stirrer, splash stick, cocktail stick, toothpick, or utensil made entirely of Natural Fiber.
Supervisor Tang
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"Event" means any indoor event at a City o)med or City leased_facility City Facility, or any
outdoor event subject to a City permit, where more than 100 people attend or participate.
"Event Producer" means a person or entity who contracts with or obtains a permit from
the City, or an agent acting on the City's behalf: to hold ttn its own Event, or a City entity or
department holding ttnits own Event.
"Single-use" means designed to be used once and discarded, and not designed for repeated
use and sanitizing.
SEC. 1603. SALE OR DISTRIBUTION OF NON-COMPLIANT FOOD SERVICE
WARE PROHIBITED.
(a) No person may sell, offer for sale, or otherwise Distribute within the City (1) any
Food Service Ware that is not either Compostable or Recyclable, (2) any Food Service Ware
made, in whole or in part, from Polystyrene Foam, (3) any single-use straws, stirrers, splash
sticks, cocktail sticks, or toothpicks made with plastic, including compostable, bio-or plant-
based plastic, or (4) beginning January 1, 2020, any Food Service Ware that is Compostable
and not Fluorinated Chemical Free.
(b) The Director may adopt a list of suitable alternative Compostable or Recyclable
Food Service Ware products . "Suitable alternative Compostable or Recyclable Food Service
Ware products" means Food Service Ware products that the Director determines serve the
I
same intended purpose as non-compliant products, meet the standards for what is
Compostable and/or Recyclable set under this Chapter 16, and are reasonably affordable.
The Director shall regularly update the list.
(c) Beginning January 1, 2020, no person may sell, offer for sale, or otherwise
Distribute within the City Food Service Ware that does not contain a minimum post-consumer
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recycled content that may be specified by the Director in regulations according to the
Director's assessment of market availability and costs.
SEC. 1604. USE OF NON-COMPLIANT FOOD SERVICE WARE PROHIBITED.
(a) Food Vendors may not sell, offer for sale, or otherwise Distribute Prepared Food
(1) in Food Service Ware made, in whole or in part, from Polystyrene Foam, (2) in Food
Service Ware that is not Compostable or Recyclable, or (3) beginning January 1, 2020, in
Food Service Ware that is Compostable and not Fluorinated Chemical Free.
(b) City Facility Food Providers may not provide Prepared Food to City Facilities (1)
in Food Service Ware made, in whole or in part, from Polystyrene Foam, (2) in Food Service
Ware that is not Compostable or Recyclable, or (3) beginning January 1, 2020, in Food
Service Ware that is Compostable and not Fluorinated Chemical Free.
(c) City Departments may not purchase, acquire, or use Food Service Ware for
Prepared Food (1) where the Food Service Ware is made, in whole or in part, from
Polystyrene Foam, (2) where the Food Service Ware is not Compostable or Recyclable, or (3)
beginning January 1, ~020, where the Food Service Ware is Compostable and not Fluorinated
Chemical Free.
(d) City contractors and lessees may not use Food Service Ware for Prepared Food
in City Facilities and while performing under a City contract or lease (1) where the Food
Service Ware is made, in whole or in part, from Polystyrene Foam, (2) where the Food
Service Ware is not Compostable or Recyclable, or (3) beginning January 1, 2020, where the
Food Service Ware is Compostable and not Fluorinated Chemical Free . All new leases and
permits authorizing the sale of food and beverages at the San Francisco International Airport
must incorporate terms requiring the lessee or permittee to comply with the terms of this
Chapter 16. This requirement shall also apply to any such lease or permit renewed,
extended, or materially amended after July 1, 2019.
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BOARD OF SUPERVISORS Page 7
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(e) The Director may adopt a list of suitable alternative Compostable or Recyclable
Food Service Ware products. "Suitable alternative Compostable or Recyclable Food Service
Ware products" means Food Service Ware products that the Director determines serve the
same intended purpose as non-compliant products, meet the standards for what is
Compostable and/or Recyclable set under this Chapter 16, and are reasonably affordable.
The Director shall regularly update the list.
If a product is included on the Director's list, it will be deemed to comply with this
Section 1604. If a product is not included on the Director's list, the person using the product
as Food Service Ware will have the burden of establishing to the Director's satisfaction that
the product complies with this Section.
(f) It shall not be a violation of this Section 1604 to sell, provide, or purchase
Prepared Food packaged in Food Service Ware otherwise prohibited by subsections (a)
through (c), or to use Food Service Ware otherwise prohibited by subsection (d), if the
Prepared Food is packaged outside the City and is sold or otherwise provided to the
consumer in the same Food Service Ware in which it originally was packaged. Businesses
packaging Prepared Food outside the City are encouraged to use Food Service Y'Jare that is
Compostable or Recyclable, is Compostable and Fluorinated Chemical Free, and is not made,
in whole or in part, from Polystyrene Foam.
(g) Food Vendors, City Facility Food Providers, and City contractors and lessees
acting pursuant to a City contract or lease at a City Facility shall not provide, sell, use, or
otherwise Distribute, and City Departments shall not purchase or acquire, any single-use
straws, stirrers, splash sticks, cocktail sticks, or toothpicks made with plastic, including
compostable, bio-or plant-based plastic, except as expressly provided in this Chapter 16 and/or as
required by applicable State or Federal laws, regulations, or guidelines.
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(h) Food Vendors, City Facility Food Providers, City Departments, and City contractors
and lessees acting pursuant to a City contract or lease at a City Facility shall only provide,
sell, use, or otherwise Distribute only those Food Service Ware Accessories that comply with
this Chapter 16, and only upon a consumer's specific request fer sueh items, or in a self sen·iee area
or dispenser either (1) upon a consumer's specific request for such items, or (2) in a self.-service area
or dispenser, except for single-use plastic straws. which shall be made available by request only.
(i) Beginning January 1, 2020, Food Vendors. City Facility Food Providers, and City
contractors and lessees acting pursuant to a City contract or lease at a City Facility shall not
provide, sell, use. or otherwise Distribute. and City Departments shall not purchase or acquire,
Food Service Ware that does not contain a minimum post-consumer recycled content, that
may be specified by the Director in regulations according to the Director's assessment of
market availability and costs.
Section 4. The Environment Code is hereby amended by revising Sections 1606 and
1607, to read as follows:
SEC.1606. IMPLEMENTATION.
(a) The Director shall-may create, maintain, and regularly update the product lists
referenced in Sections 1603(b) and 1604(e).
(b) The Director is authorized to promulgate regulations, guidelines and forms and
to take any and all other actions reasonable and necessary to implement and enforce this
Chapter.
( c) Strict conplianee with this Chaprer 16 is not required in instances where it would
interfere with accommodatingfor any1 person's medical needs.Nothing in this Chapter 16 shall conflict,
or be construed to conflict, with the Americans with Disabilities Act, the Unruh Act, the Disabled
Persons Act. or other applicable laws concerning the rights ofindividuals with disabilities. In
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particular, nothing in this Chapter shall restrict, or be construed to restrict, the availability ofsingle-
use plastic straws to individuals who may require and request the use of single-use plastic straws.
(i) It shall not be a violation of this Chapter for any place o(public accommodation
to provide single-use plastic straws to individuals who request such plastic straws.
(ii) Nothing in this Chapter shall restrict, or be construed to restrict, the ability of
places ofpublic accommodation to purchase or otherwise acquire single-use plastic straws in
sufficient numbers to meet the needs of individuals who request such plastic straws.
(d) In addition, nothing in this Chapter 16 shall restrict, or be construed to restrict, the
availability of single-use plastic straws to individuals who may require use ofplastic straws in relation
to medical circumstances.
(e) The Department shall conduct multi-lingual public outreach and education, including
providing information to educate affected Food Vendors, businesses, and customers, about the
provisions of this Chapter 16.
Section 4. Effective and Operative Dates . This ordinance shall become effective 30
days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor
returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it,
or the Board of Supervisors overrides the Mayor's veto of the ordinance. Unless otherwise
specifically noted, this ordinance shall become operative on July 1, 2019.
Section 5. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors
intends to amend only those words, phrases, paragraphs, subsections, sections, articles,
numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal
Code that are explicitly shown in this ordinance as additions, deletions, Board amendment
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additions, and Board amendment deletions in accordance with the "Note" that appears under
the official title of the ordinance.
APPROVED ASTO FORM :
DENNIS J. HERRERA, City Attorney
By:
n:\legana\as2018\1800057\01315239 .docx
Supervisor Tang
BOARD OF SUPERVISORS Page 11
City and County of San Francisco
Tails
Ordinance
City Hall
I Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4689
File Number: 181004 Date Passed: November 27 , 2018
Ordinance amending the Environment Code to allow food vendors to supply single-use plastic
straws only upon request; provide for sale of plastic straws; clarify that nothing in Chapter 16 shall
be construed to conflict with laws concerning the rights of individuals with disabilities ; and affirming
the Planning Department's determination under the California Environmental Quality Act.
October 29 , 2018 Land Use and Transportation Committee -AMENDED, AN
AMENDMENT OF THE WHOLE BEARING NEW TITLE
October 29 , 2018 Land Use and Transportation Committee -RECOMMENDED AS
AMENDED
November 13, 2018 Board of Supervisors -PASSED ON FIRST READING
Ayes: 11 -Brown, Cohen , Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani ,
Tang and Yee
November 27, 2018 Board of Supervisors -Fl NALLY PASSED
Ayes: 11 -Brown, Cohen, Fewer, Kim , Mandelman, Peskin, Ronen , Safai , Stefani,
Tang and Yee
File No . 181004
London N. Breed
Mayor
City and County of Sa11 Fr1111cisco Pagel
I hereby certify that the foregoing
Ordinance was FINALLY PASSED on
11/27/2018 by the Board of Supervisors of
the City and County of San Francisco.
}~/71/1
Date Approved
Printed at 11:47 am 01111128/18
CC 08-06-19
#2 Seniors in Cupertino
Presentations
,:i:A,ly
r.~r",, iiff"'
IN AGE FRIEND LY
lliill CUPERTI NO
l The Status of Seniors
in Cupertino
Presentation to Cuperti no Ci ty Council
August 6 , 2019
W,~ Santa Clara County
•;,• AGE FRIENDLY
SILICON VAL l E Y
,,,._ -\.•P .iUlw.> ----------_,"""' --
-
Ri chard Adler
Mi nh Le
Henry Sang
.,..._ ------
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Presentation #2
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8/6/2019
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0% -·-··•-·· M 10.19 20 -29 -------· 40-49 50-59
8/6/2019
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8/6/2019
■ Householder alone
■ Family households
4
8/6/2019
5
,, ~''.'-'?.?/~?\-::IY.. ,
Cupertino is in _ a "transj_t!dese rit "
"Cupertino is currently in a transit desert. ',
Regional rail service such as Caltrain, VTA \
Light Rail, BART, and Amtrak do not serve us." \;;
'{;·
--City of Cupertino
,: .. :'.!>
8/6/2019
6
8/6/2019
J. ·;.: i/,::F )t~;:_.,(;'.Jf?/ >< .... f TC>P"~~if f 49~ ~orOlder'· <;,~~er:i ~ians
. ~ ,· .. 1...,,;·. ·.::-·: .... , ,'' ' • .. ""o.~r£./l .. 1',,",~rl'l',
1. City ,unprepared for the imminent demographkc:liange
,•; _l'• •·,.'l':v,•._.:--••. • . 't'•:~'-f"'-:':-:~'.•.:.---
•Planning is focused on families with children ·,~JJj:~!tft,
' ~..:,/? :_:·1.~\
2. Housing ' : ~{;,_;5,
-Availability of housing appropriate for older adults
3. Transportation
-Coping with life in a "transit desert"
4. Social isolation
-Loneliness as a leading contributor to early death
__ ... · ···. ··. , · ,.. -~~1.:i!tlill{\!1:fJ?J;t
.. Pr~pos~d ~Action Agend~/;:}°f~N~!fft},
. ;<,;:{}:: :-:>\
1. Report on the Status of Older Adults in Cupertino ·
,, ~
2. Create public-private community partnership
3. Take steps to combat isolation and loneliness
• Expand and amplify existing offerings
• Cupertino Club 55
• Virtual retirement community .
4. Explore new options
• Housing, transportation, social inclusion
5. Census 2020 Complete Count
7
. "· . . . . q;;l\,·-~~\!j~,
How. the C1ty Can ·:He _lp ···~t .. J:?'.'.:!·~f::
. . . ! . ' . •'. :· .·. -,<Jt~:-y:· -
• Provide staff liaison to Age Friendly Task Force -. (:: ~
• Sponsor a city-wide meeting to present results of report \
• ::::::~~::art and other resources on an "Age Friendly l
Cupertino" page on city web site '. ':)
• Provide support for a survey of interests and needs of
city's older residents.
The Status of CUPfftino Seniors
Report is online at:
https://issuu.com/agefriendlycupertino/docs/report
_ on_cuperti no _seniors_august_2019
·'.11/i
·;.:
8/6/2019
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CC 08-06-19
Study Session #4 SB 35
Application Process
Presentations
,. Draft Review Procedures and
Appl'icati9~ Package
for SB 35 Projects
fl
CUPERTINO
Overview
• SB 35
• The Guidelines
• Resolution with Procedures
• Eligibil ity Checkli st
• Application Forms
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• Passed in 201 7, effective 2018
• Ministerial processing of
qualifying residential
developments
• Strict timelines
Amendments to SB 35
• Twice amended
• Most recently on July 31, 2019
• 2/3 residential
• Hazardous waste sites
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HCD's Guidelines
• Adopted in 2018, effective 2019
• Prospective only
• Directed local governments to
provide information about process for
applying for and receiving ministeria l
approval
City's FY 2019-20 Work Program
• "Develop procedures for
mandated streamlined project
approvals."
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City's SB 35 Application
• Application Form
• Certification for Compliance
• All materials required in the
Application Checklist
Completeness Determination
• 5 business days
• Deny if incomplete
• Applicant may resubmit a
new application
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Oversight and Consistency Review
Meeting
• Noticed
• Public comments
• Objective oversight
• Review of application, including any map
applications
• Held before expiration of consistency
review period
Final Consistency Determination
• Following joint oversight meeting
• Before expiration of Consistency Review
Period
• City Manager's letter to applicant
• Project is consistent OR
• Project conflicts with objective planning
standards-specify conflict ( s)
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Approval
• If project is consistent
• Final approval and standard
conditions of approval
• Within 90/180 days
Ineligible Application
• Application denied
• Applicant may resubmit
• SB 35 timeframes commence
upon resubmittal
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Eligibility Checklist
• From SB 35 and the Guidelines
• Information specific to:
• 2/3 Residential Calculation
• City's Below Market Rote
Ordinance
Planning Commission Study Session
• Timing of Completeness Determination
and Oversight Meeting
• Modifying requirements
• Correcting applications
• Density Bonus recommendations
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