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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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