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HomeMy WebLinkAbout2023-07-11; City Council; ; Follow-Up on Electrification of New Buildings in CarlsbadCA Review GH Meeting Date: July 11, 2023 To: Mayor and City Council From: Scott Chadwick, City Manager Staff Contact: Katie Hentrich, Senior Program Manager katie.hentrich@carlsbadca.gov, 442-339-2623 Subject: Follow-Up on Electrification of New Buildings in Carlsbad Districts: All Recommended Action Receive an update, review options and provide direction to staff on how to proceed with electrification options for new buildings in the next draft Climate Action Plan Update in 2023. Executive Summary Staff reported on the electrification of new buildings in Carlsbad (Exhibit 1) at the May 9, 2023, City Council meeting. The report included a technical analysis prepared by the Energy Policy Initiatives Center at the University of San Diego, providing options for electrifying new buildings. City staff and a center representative briefed the City Council on a decision by the U.S. Ninth Circuit Court of Appeals in the California Restaurant Association v. City of Berkeley case. The City Council asked staff to return with additional information at the July 11, 2023, council meeting. Explanation & Analysis In 2015, the City of Carlsbad was one of the first cities in the county to adopt a qualified Climate Action Plan, which outlined strategies and policies to reduce greenhouse gas emissions. Staff presented the fifth Climate Action Plan Annual Report to the City Council on April 19, 2022, followed by an informational item on electrification of new buildings. In response, the City Council directed staff to “research options to add an ordinance addressing electrification in new buildings in the City of Carlsbad to the next Climate Action Plan draft in 2023.” Staff then provided the report on the possible electrification of new buildings in Carlsbad, as noted above. The appellate court decision arose from a challenge to the City of Berkeley’s 2019 ordinance prohibiting natural gas piping in new buildings, with limited exceptions. The Ninth Circuit found that the ordinance was preempted by the federal Energy Policy and Conservation Act. The court concluded the federal law preempts states and local governments from regulating the quantity of natural gas used by an appliance at the point of use. The court further concluded this preemption applied to Berkeley’s ordinance because prohibiting natural gas piping in new buildings resulted in a quantity of “zero” natural gas use. July 11, 2023 Item #13 Page 1 of 3 On May 31, 2023, the City of Berkeley filed a petition for a rehearing of the case by the full Ninth Circuit Court, rather than the three-judge panel that issued the opinion. If the petition for rehearing is granted, the case will be heard by the larger panel and potentially take up to a year to resolve. The court’s ruling that a local government prohibition on natural gas piping in new buildings is preempted by the federal act will remain binding on the City of Carlsbad unless the Ninth Circuit or the U.S. Supreme Court sets aside its previous ruling. Fiscal Analysis There is no fiscal impact of this item, and no city funding is being requested. Options Given the Ninth Circuit’s opinion and Berkeley’s petition for a full court rehearing, staff are requesting the City Council’s direction on next steps. Staff have identified the following options: 1. Continue implementing the City Council’s April 19, 2022, motion 2. Take no further action 3. Wait for updates to the California Restaurant Association v. City of Berkeley case 4. Proceed with other direction provided by the City Council Next Steps In October 2023, staff plan to provide the City Council with a report on the update to the city’s Climate Action Plan. This report will review the findings collected through public outreach and give the City Council and the community an opportunity to provide input on possible measures to be included in the update of the Climate Action Plan Update, as well as on the next steps to take in implementing it. Environmental Evaluation The action before the City Council is statutorily exempt from the California Environmental Quality Act under Guidelines Section 15262 - Feasibility and Planning Studies. The direction provided by the City Council on this item is for planning purposes only, and any possible future actions, if any, would be subject to City Council approval. Exhibits 1. May 9, 2023, staff report on electrification of new buildings in Carlsbad (on file in the Office of the City Clerk) July 11, 2023 Item #13 Page 2 of 3 Exhibit 1 May 9, 2023, staff report on electrification of new buildings in Carlsbad (on file in the Office of the City Clerk) July 11, 2023 Item #13 Page 3 of 3 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Attachments: Craig Benedetto <craigb@calstrat.com> Friday, July 7, 2023 5:14 PM Keith Blackburn All Receive -Agenda Item # J.3 For the Information of the: -~li:v_ COUNCIL Date 'l//J12!:,CA ✓ CC ,/ CM ✓ACM ✓ DCM (3) ~ Manager Internet Email; City Clerk; City Attorney; Council Internet Email; James Wood; Katie Hentrich · Proposed City Electrification Ordinance NAIOP SD Letter -City of CBAD Electrification -July 11, 2023.pdf Dear Mayor Blackburn and members of the City Council : On behalf of NAIOP San Diego, please accept this letter regarding the proposed electrification of new buildings requirement to be heard next week by the City Council. We appreciate your consideration and thank you all for your service. Sent by: Craig Benedetto California Strategies 530 B Street, Suite 920 San Diego, CA 92101 Ph: (619) 546-7451 Cl: (619) 980-8032 E: craigb@calstrat.com CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 July 7, 2023 NAIOP COMMERCIAL REAL ESTATE DEVELOPMENT ASSOCIATION SAN DIEGO CHAPTER TRANSMITTED ELECTRONICALLY Honorable Keith Blackburn, Mayor Carlsbad City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 Re: Item #13 -Proposed Electrification of New Buildings in Carlsbad Dear Mayor Blackburn and Members of the City Council: On behalf of NAIOP San Diego, we are writing today to recommend that the City not move forward with the proposed new building electrification ordinance. As you know, the recent appellate court decision in the case brought by the California Restaurant Association against the City of Berkeley overturning their natural gas ban has caused numerous jurisdictions to delay or pause actions on similar ordinances. We believe reasonable prudence justifies your following those actions, including the recent one by the City of Encinitas to pause implementation of their ordinance. With regard to moving forward, our organization would recommend direction to staff to work with impacted stakeholders, including our members, on other means to help reduce carbon emissions in new buildings. NAIOP's members have long been at the forefront of these efforts and would welcome further conversations. When it comes to the concept of banning the use of natural gas in all building functions, it is simply not practical to completely eliminate its use. For commercial properties, in many cases, the equipment is not available, and where it is, the price point is not economically feasible to implement such a mandate. In other cases, the use of natural gas is necessary for the research, development and production of certain goods and services. Where it is feasible to convert, it is still prohibitively expensive. And other measures to offset carbon footprints are, likewise, economically challenging. It should be noted that the State of California, through its frequented updated Title 24, has some of the most stringent energy conservation requirements in the world. Additionally, new measures being implemented statewide for both commercial transportation and building construction go a long way toward further reducing emissions. All of this renders unnecessary the need for the City to move forward on a separate, and as your consultant noted, costly program that will impact not only housing costs, but also costs to your existing and future jobs creators. In short, if the City does choose to move forward in some manner, we would strongly encourage an incentive-based program, that recognizes what the State is already requiring, with exemptions for business production and feasibility purposes. Our members are happy to discuss further, at the City's convenience. Thank you for your consideration and your service. Sincerely, Craig Benedetto Legislative Advocate CC: Councilmember Melanie Burkholder Councilmember Carolyn Luna Councilmember Priya Bhat-Patel Councilmember Teresa Acosta Scott Chadwick, City Manager Cindie McMahon, City Attorney Faviola Mendina, City Clerk 2 Tammy Cloud-McMinn From: Sent: To: Cc: Subject: Attachments: Chris Duggan <cduggan@calrest.org> Monday, July 10, 2023 10:10 AM Keith Blackburn; Council Internet Email City Clerk SDCRA Position Letter Re: City Council Agenda Item 13 -Electrification SDCRA Position Letter Re. Agenda Item 13.pdf Good morning Mayor Blackburn and Honorable City Counci l, I hope this email finds you all well. I am writing today to respectfully submit SDCRA's position letter RE: Item 13: FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD. As always, should you have any questions or concerns, please do not hesitate to contact me at (619) 517-6435. Sincerely, Chris Duggan Chris Duggan Director, Local Government Affairs San Diego, Imperial, Riverside, and San Bernardino Counties California Restaurant Association 1650 Hotel Circle North, Suite 222 San Diego, CA 92108 T: (619) 517-6435 E: cduggan@calrest.org CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 July 7, 2023 CALIFORNIA RESTAURANT ASSOCIATION SAND C NTY Mayor Blackburn and Honorable City Council 1200 Carlsbad Village Drive Carlsbad, CA 92008 RE: Item 13: FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD Dear Mayor Blackburn & Members of the Council, On behalf of the California Restaurant Association, San Diego County Chapter (CRA), I would like to take this opportunity to raise our concerns regarding Item 13, specifically the City's decision to proceed in discussions that would ban the use of natural gas for restaurants in newly constructed buildings. The CRA is made up of thousands of local restaurants, many of which are among the independent, chef- driven restaurants that call San Diego home. These very same restaurants use natural gas and do so for the practical aspects of this tool in their menu development. Preparation of a wide variety of cuisines and dishes prefer gas powered methods for the quality of the technique one gets from natural gas cooking. Many restaurants specialize in making products which require the use of specialized gas appliances to prepare flame-seared meats and charred vegetables. Additionally, the impact of a natural gas ban on commercial space will, by definition, lead to a smaller population of commercial spaces with gas hookups. We fear the impacts of this limitation and are extremely concerned that a ban could create an increase in future rents and leases on existing properties. As we believe properties with natural gas would see a higher demand (from a shrinking commercial supply) from those interested in leasing commercial space designed for restaurants. Lastly, in April -the Ninth Circuit Court of Appeals ruled that local gas bans violate the federal law. Following the ruling by the Ninth Circuit, several California cities have placed their bans and electrification discussions on hold. Therefore, we urge the Council to hold off on any discussion or action until an outcome has been reached from the challenge to the Ninth Circuit ruling. Thank you for your consideration. Sincerely, ~'\(r Chris Duggan Director, Government Affairs California Restaurant Association Tammy Cloud-McMinn From: Sent: To: Subject: July 11, 2023 Regarding Item # 13 Vanessa Forsythe <vforsythe13@gmail.com> Monday, July 10, 2023 6:37 PM City Clerk; Melanie Burkholder; Teresa Acosta; Keith Blackburn; Priya Bhat-Patel; Carolyn Luna; Vanessa Forsythe Re: Agenda Item #13 All Receive -Agenda Item # 1._;;, . For the Information of the: _CJ11~0UNCIL Date '_/jl.1/iijCA ✓ cc ✓ CM v"°ACM ~DCM (3)~ Dear Mayor Blackburn and City Council Members, Building and construction businesses and workers and the people of Carlsbad need to prepare for transitioning to electric and away from gas hookups.The "All Electric Rule" requires homes and buildings that are constructed in 2023 to have electric supply panels and circuitry to support all - electric appliances and heating under a building code update approved two years ago by the California Energy Commission. In preparation for building electrification staff should be directed to proceed with providing information on electric hookups in new construction. Because the 2023 updates for Carlsbad's Climate Action Plan will be delayed, a resolution directing further action by staff needs to happen now, ahead of the updated CAP. Less than 2 years ago a Climate Emergency was declared with our city recognizing that environmental protections in response to climate change impacts were necessary to sustain our community. Since then we have seen extreme weather (flooding,fires, tornadoes and hurricanes), toxic air, rising sea levels and ocean temperatures, melting ice caps and continuing record temperatures (beyond levels survivable for life). This is all evidence that we need to have actions in place to mitigate what is already happening and will continue at a more rapid pace than anticipated. These drastic climate changes necessitate our community to act now and reduce our dependence on fossil fuels. Please note the following impacts of fossil fuel when considering taking action now to address building electrification: • • • Buildings make up approximately 30% of the GHG emissions (second only to transportation) . • • • • We need to remove "natural" gas from buildings because it is not natural. The • emissions of methane and other toxic substances into buildings is unhealthy resulting in respiratory and other health issues . • • • • In CA all power is to be generated from renewables by 2045 . • 1 • • • With buildings meeting requirements for solar they can .readily be connected • for electric rather than gas • • • • The Switch is On Be nefits of Electrification • • https://drive.google.com/drive/folders/1 yd EM VeDHTwgh2eyefMEyktcNP1 j040Q • Thank you for your consideration Vanessa Vanessa Forsythe RN MSN 2177 Vista La Nisa Carlsbad CA 92009 Pronouns: She/Her CleanEarth4Kids California Nurses for Environmental Health and Justice "/s there no virtue among us? If there be not, we are in a wretched situation. No theoretical checks -no form of government can render us secure." James Madison CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 2 Tammy Cloud-McMinn From: Sent: To: Subject: Diana A <dra805@gmail.com> Monday, July 10, 2023 9:42 PM City Clerk .Item 13: Follow up on Building Electrification in Carlsbad. Dear Mayor and City Councilmembers, Please support building electrification in Carlsbad (Agenda item #13). By promoting electrification, cities can play a crucial role in achieving energy efficiency targets, reducing greenhouse gas emissions and creating healthier and more sustainable urban environments. This can easily be done with building of new homes & commercial spaces. In California, all power is to be generated by renewables by 2045 and electrification of new buildings can help us achieve our climate action goals . Sincerely, Diana Aguirre 03, 92011 CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i . safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Dear Council Members, Mary Hassing <mehassing@gmail.com > Tuesday, July 11, 2023 6:48 AM City Clerk Council meeting Tuesday, 7/11/2023 -Comment on agenda item #13 Because a gas ban on new construction in Carlsbad will not be considered until the lawsuit against the Berkeley gas ban is resolved, I ask that you take the strongest action you can now to promote electrification in our city. An all-electric-preferred ordinance for new construction will be a step toward reaching city and state climate goals and a signal that all-electric construction is the future. In the spirit of your 2019 Climate Emergency Resolution, please vote for a strong ordinance now. Mary Hassing 2679 Regent Road Carlsbad CAUTION: Do not open attachments or click on links unless you reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: City Council Members, Bob Wilcox <rswilcox@gmail.com > Tuesday, July 11, 2023 9:29 AM City Clerk Comment on City Council meeting agenda item #13 I am writing in support of adding an electric-preferred building electrification ordinance in Carlsbad (Item 13 on the city council meeting agenda) as a way to achieve our city's goals of reducing carbon emissions. While the ninth circuit's ruling has limited the ability of municipalities to mandate no gas lines in buildings, this has not limited the ability to encourage all-electric construction and enforce efficiency standards that are difficult to achieve with gas appliances. As I discussed in my presentation to City Council last year, eliminating gas infrastructure from new buildings reduces pollution, saves money, and improves public health and safety. There is no good reason to be spending thousands of dollars to install gas infrastructure in new buildings when we know that gas combustion must be reduced dramatically in the near future. Building electric infrastructure from the beginning will save tremendous amounts of money compared to future retrofits, and limits the amount of destruction they can do to the climate in the meantime. Regards, Bob Wilcox, Carlsbad CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Cindy D <cindyd0811@aol.com> Tuesday, July 11, 2023 11 :49 AM . City Clerk All Receive -Agenda Item# !...3 For the Information of the: ,9TYCOUNCIL Date·7/11/J ?s.A •---cc _::::. CM V----ACM v"'"DCM (3) ,./ Subject: Agenda Item 13. FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD Honorable Mayor, Mayor Pro Tern, and Council Members Regarding Agenda Item 13. FOLLOW-UP ON ELECTRIFICATION OF NEW BUILDINGS IN CARLSBAD: To make progress on climate action plans, it would be best to create an ordinance for all new construction to be all electric. However, it may be prudent at this time to create an ordinance for all new construction to be at least all electric PREFERRED. Why not incentivize residents and businesses to instruct their builders to plan for all-electric appliances? Gas appliances are proven to be hazardous to our health, and buildings account for 30% of emissions. I have personal experience of removing the gas line to my home, and I can literally breathe much better. I am very happy with the efficiency of heat pump water heating and heat pump heating and cooling of my home. Retrofitting is one option for energy efficiency and fighting climate change, but it is a no-brainer for new construction to do away with the extra expense of installing a gas line to a building. I live in Oceanside, but we are all in this together with the Clean Energy Alliance and the goal of improving all our communities. Also, I would prefer to give any of my purchasing power activities in Carlsbad to all-electric establishments. Please, at the least, create an ordinance for all new construction to be ALL ELECTRIC PREFERRED. Thank you Cindy Davenport CAUTION: Do not open attachments or click on links unless ou reco nize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Ann Feeney <annfeeney4@gmail.com> Tuesday, July 11, 2023 12:46 PM City Clerk please support an electric-preferred ordinance I urge you to support efforts to identify an electric-preferred ordinance. We are in a climate crisis, and the UN's IPCC reports over the last 3 years have told us that we must reduce our Greenhouse Gas emissions, which in homes derives from the burning of fossil fuels (methane gas). Also, scientific studies have documented the health hazards associated with burning fossil fuels in homes. Please identify a pathway to an electric-preferred ordinance. Sincerely Ann Feeney CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 1 Tammy Cloud-McMinn From: Sent: To: Subject: Mary Oren <maryoren@aol.com> Tuesday, July 11, 2023 1 :14 PM City Clerk Agenda item 13 Electrification Carlsbad leaders -please stay on path to supporting electrification in our local new construction. We have reached . record heat on planet earth and every action matters! There is no time to delay or kick the can. Represent us, be bold and brave and include this commitment in our plan moving forward. You can, you must. We are counting on you, those of us here today and generations to come. Please move forward on electrification and end gas options that disrupt our commitment to protecting our future. With gratitude, Mary Oren. Carlsbad resident 24 years Sent from my iPhone CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content is safe. 1 Tammy Cloud-McMinn From: Sent: To: Subject: Kathy Parker <casparker@outlook.com> Tuesday, July 11, 2023 1:41 PM City Clerk Letter addressing item 13 on tonight's agenda Council members, I find the letter from CARA re: the Berkeley decision somewhat misleading. First, they are advocating not retrofitting restaurant gas stoves. What I would recommend is a regulation that any NEW buildings, (including restaurants), should be all electric. Second, all chefs don't necessarily prefer gas for cooking. Some are impressed with the many benefits of induction cooking. https://chatelaine.com/food/chefs-induction-stoves/ I find their last paragraph on other measures California has taken regarding energy conservation, irrelevant. Because the State has taken SOME measures for reducing emissions, that does not negate the need to continue to do as much as possible toward the goal of promoting cleaner, healthier air. Kathy Parker 3784 Skyline Rd Carlsbad, 92008 CAUTION: Do not open attachments or click on links unless you recognize the sender and know the content i safe. 1 Tammy Cloud-McMinn From: Faviola Medina Sent: To: Tuesday, July 11, 2023 2:01 PM Tammy Cloud-McMinn Subject: Attachments: FW: BIA San Diego Letter -Item #13 Electrification of New Buildings in Carlsbad BIASD Letter_Electrification_Carlsbad.pdf ~r;=--. ~City of Carlsbad Faviola Medina, CMC City Clerk Services Manager Office of the City Clerk P: 442-339-5989 From: Scott Chadwick <Scott.Chadwick@carlsbadca.gov> Sent: Tuesday, July 11, 2023 2:00 PM · To: Sheila Cobian <Sheila.Cobian@carlsbadca.gov>; Faviola Medina <Faviola.Medina@carlsbadca.gov>; Geoff Patnoe <Geoff.Patnoe@carlsbadca.gov> Subject: FW: BIA San Diego Letter -Item #13 Electrification of New Buildings in Carlsbad Forwarding as additional correspondence Scott Chadwick City Manager City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 www.carlsbadca.gov Face book I Twitter I You Tube I P1nterest I Enews From: Adrian Luna <Adrian@biasandiego.org> Sent: Tuesday, July 11, 2023 12:28 PM To: Scott Chadwick <Scott.Chadwick@carlsbadca.gov> Cc: Kelly Brown <Kelly@biasandiego.org> Subject: BIA San Diego Letter -Item #13 Electrification of New Buildings in Carlsbad Good Afternoon Mr. Chadwick, 1 Please see the attached letter from the Building Industry Association of San Diego County in regards to today's city council meeting, item #13 Follow .up on Electrification of New Buildings in Carlsbad. Thank you, .. 6UilOllfG !NlJUSTP.Y ASSilC.lA1 101l" ·' · - Adrian Luna Legislative Aide. Government Affairs· Building Industry Association of San Diego 9201 Spectrum Center Blvd. #110 San Diego, CA 92123 858-514-7019 Direct 858-552-1445 Fax adrian@biasandieqo.org www.biasandieqo.org CAUTION: Do not open attachments or click on links unless ou recognize the sender and know the content i 2 BUILDING INDUSTRY ASSOCIATION .-a:::aa-.-='ilD OFSANOl(GOCOUNT'i AFFILIATES California Building Industry Association National Association of Home Builders July 11, 2023 Mayor Keith Blackburn City of Carlsbad 1200 Carlsbad Village Drive Carlsbad, CA 92008 Sent via email Subject: Item 13-Follow-up on Electrification of New Buildings in Carlsbad Dear Honorable Mayor and City Council Members, The Building Industry Association of San Diego County (BIA) respectfully requests the City take no action on electrification of new buildings in Carlsbad. The case of California Restaurant Association v City of Berkeley is still potentially months away from being resolved and other cities have already suspended their electrification ordinances. California's electric grid is already strained. Every summer there are threats of black outs and brown outs due to lack of availability of electricity. At a time when the electric grid is already strained, we should be looking at alternatives to electric, not eliminating them. Additionally, the regulatory process accounts for a significant amount to the cost of home building. Land use regulations at the local level that go beyond State law lead to longer development timelines, a larger mismatch between housing and jobs, and greater racial inequality. Excessive land use regulations, such as this current proposal, directly contribute to our region's high cost of living and shape what is built and for whom. We should instead be focused on initiatives that drive down the cost of housing, reducing regulatory burdens and ongoing patterns of racial segregation. R~spectfully, IP~~~ Kelly Br~n . Senior Public Policy Advisor Building Industry Association of San Diego CC: Mayor Pro Tern Priya Bhat-Patel, Councilmember Melanie Burkholder Councilmember Carolyn Luna, Councilmember Teresa Acosta, Scott Chadwick, City Manager BUILDING INDUSTRY ASSOCIATION OF SAN DIEGO COUNTY 9201 Spectrum Center Blvd., Suite 170, San Diego, CA 92123-1407 P: (858) 450-7227 / www.biasandiego.org Tammy Cloud-McMinn From: Mitch Silverstein < msilverstein@sandiego.surfrider.org> Sent: To: Subject: Attachments: Tuesday, July 11, 2023 5:10 PM City Clerk Fwd: Comments on Item #13, electrification 7.11.23 Item 13 electrification, Carlsbad.pdf All Receive -Agenda Item # / 3 For the Information of the: _CjlTY COUNCIL Date 1/0/J!;CA _ CC V""' CM_ACM_DCM (3)_ Apologies, I used the wrong email address to send this earlier today. If you could add to the public record, I would appreciate it. Thank you . ----------Forwarded message--------- From: Mitch Silverstein <msilverstein@sandiego.surfrider.org> Date: Tue, Jul 11, 2023 at 1:19 PM Subject: Comments on Item #13, electrification To: <cityclerk@carlsbadca.gov>, <council@carlsbadca.gov> Cc: JP Bruner <jbruner@sandiego.surfrider.org>, Zachary Zeilman <zzeilman@sandiego.surfrider.org>, Emily Field <efield@sandiego.surfrider.org>, Carly Kupka <ckupka@sandiego.surfrider.org> Dear City Clerk and Council, Please see attached comment letter re: ITEM #13 -FOLLOW-UP ON ELECTRIFICATION FOR NEW BUILDINGS IN CARLSBAD for this evening's City Council meeting (7.11.23). Thank you for the opportunity to comment. Mitch Silverstein I San Diego County Policy Coordinator I The Surfrider Foundation I he/him/his 619.736 .7757 I msilverstein@sandiego.s urfrider.org Join us at our 2023 Gala and community celebration! Get your tickets HERE 1 July 11, 2023 Delivered via email To: Mayor and City Council SURFRIDER FOUNDAT ION SAN DIEGO COUNTY Re: Comments on Item #13, Follow-up on Electrification of New Buildings in Carlsbad Honorable Mayor and City Council, Surfrider Foundation is a nonprofit environmental organization that engages a vast volunteer network of ocean users to protect our world's ocean, waves, and beaches for all people. Our San Diego County Chapter represents thousands of ocean recreation users -from dedicated surfers to occasional beachgoers -as well as the coastal communities and economies that rely on them throughout the region. We appreciate the opportunity to provide comments on Item #13 -Follow-up on Electrification of New Buildings in Carlsbad. Climate change poses existential threats not only to our future as a species, but also to the ocean, waves and beaches we rely on for recreation, sustenance, and our strong local economy. As stewards and benefactors of some of our regio_n's finest coastal resources, Carlsbad has an important role to play in reducing carbon emissions as much as possible. Approximately 20% of the region's carbon emissions come from natural gas, making it the third largest contributor to GHG emissions after transportation and energy. This ratio is representative of Carlsbad's emissions as well; the 2015 CAP states that "natural gas use accounts for 19 percent of total emissions _in Carlsbad."1 With these numbers in mind, Surfrider appreciates the City Council's direction to staff, in April 2022, to "research options to add an ordinance addressing electrification in new buildings in the City of Carlsbad to the next Climate Action Plan draft in 2023." Despite uncertainty while we wait to see whether the City of Berkeley is granted a rehearing of California Restaurant Association v. City of Berkeley, we believe the best course of action is to continue with drafting an electrification ordinance as part of the 2023 CAP Update. This way, if the case is reheard and results in a ruling that allows cities to continue the important work of 1 P.27, Section 2-9, Climate Action Plan, September 2015. City of Carlsbad. Phone: 858.800.2282 I i11fo(i:bsandlego.surfridersd.or~J I surfri derscl.org 3900 Cleveland Ave., Ste 207, San Diego, CA 92703 SURFRIDER FOUNDATI ON SAN DIEGO COUNTY electrification, you'll have an ordinance ready to take effect. We would also support waiting to see whether Berkeley's petition for a rehearing is granted before taking further action. Thank you for your leadership thus far on climate action, including being the first city in the state to pass a reach code on water heaters in 2019. Please keep the momentum going. Sincerely, Zach Zeilman & Emily Field Climate Change Co-Leads Surfrider Foundation San Diego County climatechanqe@sandiego.surfrider.org JP Bruner & Carly Kupka Executive Committee Members Surfrider Foundation San Diego County jbruner@sandieqo.surfrider.org ckupka@sandieqo.surfrider.org Mitch Silverstein San Diego County Policy Coordinator The Surfrider Foundation 619.736.7756 msilverstein@sandieqo.surfrider.org Phone: 858.800.2282 I info@sandiegc,.surfridersd.org I surfridersd.org 3900 Clevelanci Ave, Ste 201, San Diego. CA. 92703 Follow-Up on Electrification of New Buildings in Carlsbad Katie Hentrich, Senior Program Manager July 11, 2023 {city of Carlsbad TODAY’S PRESENTATION •Background •Updates to case law •Options •Recommended action ITEM 13. ELECTRIFICATION OF NEW BUILDINGS 2 { City of Carlsbad BACKGROUND •Minute motion at April 19, 2022 Council meeting during informational item on electrification of new buildings •Report prepared by EPIC on electrification options •Presented report at May 9, 2023 Council meeting + CRA vs. City of Berkeley information •Minute motion at May 9, 2023 Council meeting to return on July 11, 2023 with additional information ITEM 13. ELECTRIFICATION OF NEW BUILDINGS 3 { City of Carlsbad CRA V. CITY OF BERKELEY •Ninth Circuit ruling that natural gas ban preempted by Energy Policy and Conservation Act •Ordinance prohibiting covered appliances from using natural gas by banning natural gas piping in new buildings is preempted by the federal Energy Policy and Conservation Act •On May 31, 2023, Berkeley filed petition for rehearing en banc •If granted, will be heard by a larger panel of judges •On June 28, 2023, court extended deadline for CRA to file a response to Aug. 10, 2023 ITEM 13. ELECTRIFICATION OF NEW BUILDINGS 4 {city of Carlsbad WHAT OTHER CITIES ARE DOING •City of Encinitas –has natural-gas ban ordinance; enforcement of ordinance has been suspended •City of San Diego –did not have electrification reach code passed; continuing stakeholder outreach •City of Del Mar –did not have electrification reach code passed; paused work •City of La Mesa –no electrification reach code passed; established Building Electrification ad hoc subcommittee; expires Aug. 2023 •City of Solana Beach –reach codes approved by CA Building Standards Commission mid-June; evaluating potential impacts decision has on ordinance ITEM 13. ELECTRIFICATION OF NEW BUILDINGS 5 { City of Carlsbad OPTIONS 1.Continue implementing the City Council’s April 19, 2022 motion 2.Take no further action 3.Wait for updates to the California Restaurant Association v. City of Berkeley case 4.Proceed with other direction provided by the City Council ITEM 13. ELECTRIFICATION OF NEW BUILDINGS 6 {city of Carlsbad RECOMMENDED ACTION Receive an update, review options and provide direction to staff on how to proceed with electrification options in new buildings in the next draft Climate Action Plan Update in 2023. ITEM 13. ELECTRIFICATION OF NEW BUILDINGS 7 {city of Carlsbad ELECTRIC-PREFERRED REACH CODE Consideration Key Finding Mechanism •Adopted using granted authority to amend Building Code (Reach Code) Timeframe and Requirements •About 6-12 months to develop and City Council to adopt •2-6 months for California Energy Commission approval •Effective once filed with the Building Standards Commission Cost- effectiveness Study Required but may be able to use existing Statewide Cost-effectiveness Studies GHG Reductions •Results in greatest GHG emission reductions Costs •Lower upfront costs to build for single-family; higher costs for multi- family and nonresidential buildings •Higher electricity costs except for nonresidential buildings11