REPORT TO COUNCIL
SUBJECT
Title
Action on a Resolution Suspending Existing All-Electric Construction Requirements of the Reach Code and Request for Direction on Needed Amendments to the Reach Code and Climate Action Plan in Light of Recent Changes in Applicable Law
Report
COUNCIL PILLAR
Promote Sustainability and Environmental Protection
BACKGROUND
A "Reach Code" is a local ordinance that goes beyond the minimum requirements of the California Building Standards Code (CBSC) in order to promote sustainability goals. The City adopted its "Reach Code" in November 2021, following a long public process. The Reach Code made local amendments to two parts of the 2019 CBSC: the California Energy Code and the California Green Building Standards Code (CALGreen). The Reach Code mandates the use of electricity as a power source in new construction, limits installation of natural gas plumbing and meters, and increases requirements on new construction to install electric vehicle infrastructure. On November 1, 2022, the City updated the Reach Code to coincide with the 2023 triennial update of the CBSC.
The City of Berkeley enacted a similar "Reach Code" ordinance in August 2019, which effectively required all-electric construction in new developments. Shortly after its adoption in 2019, the California Restaurant Association (the "CRA") filed a legal challenge to Berkeley's ordinance. The CRA alleged that Berkeley's ordinance was preempted by a federal statute, the "Energy Policy and Conservation Act" ("EPCA"), which established energy efficiency requirements for certain appliances. The challenge ultimately made its way to the Ninth Circuit court of appeals. Earlier this year, the Ninth Circuit reached a final decision in the case, ruling that the EPCA preempts not just State and local regulations of gas appliances, but also local regulations that prohibit natural gas delivery systems in new development. As a result, the Court struck down the Berkeley Reach Code.
DI...
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