15.38.030   Local amendments to the CGC.
   A.   Section 101.12 is added to read as follows:
   101.12 New Building Electrification
   101.12.1
   For building permit applications filed on or after January 1, 2023, except as provided in subsections 101.12.6 and 101.12.7, all newly constructed buildings that are three stories or less shall be all-electric buildings.
   101.12.2
   For building permit applications filed on or after January 1, 2026, except as provided in subsection 101.12.7, all newly constructed buildings shall be all-electric buildings.
      101.12.3
   For the purposes of all-electric building requirements, the term "newly constructed building" as defined in Section 202 does not include additions, improvements, or tenant improvements, to "existing buildings" as defined in the CBC.
   101.12.4
   Except as provided in subsections 101.12.6 and 101.12.7, building permits shall not be issued to convert all-electric buildings that are three stories or less into mixed-fuel buildings when the initial building permit application is filed on or after January 1, 2023.
   101.12.5
   Except as provided in subsection 101.12.7, building permits shall not be issued to convert all electric buildings into mixed-fuel buildings when the initial building permit application is filed on or after January 1, 2026.
   101.12.6
   Limited exemptions. For building permit applications filed on or before December 31, 2025, an applicant may request one of the following limited exemptions to construct a mixed fuel building:
         a.   Ground floor food service establishment for the area of the building with cooking equipment. The building official shall grant the exemption only for fuel gas piping, fixtures, or infrastructure necessary for cooking equipment within the designated food service area.
         b.   Manufacturing or industrial facilities for the area of the building with process loads. The building official shall grant this exemption only for the area of the building with process loads.
         c.   Water-heating systems and equipment in regulated affordable housing for those portions of the building where virtual net energy metering is unavailable.
   If the technology to require construction of an all?electric building for ground?floor food?service establishments, manufacturing facilities, industrial facilities, or regulated affordable housing is not feasible and available by July 1, 2025, the City Council shall consider extending the building permit application filing deadline for the limited exemption until technology is feasible and available.
   The section 101.12.1 and section 101.12.2 requirements to construct all-electric buildings shall not apply to sectors with limited exemptions as described above (ground floor food service establishments for the area of the building with cooking equipment, areas of manufacturing or industrial facilities with process loads, or affordable housing without virtual net energy metering) until January 1, 2026. If the technology is not feasible or readily available, the exemption shall continue for however long is necessary to achieve the technology.
   Once a project is granted a limited exemption, the limited exemption remains throughout the construction process; the building is permitted to remain mixed-fuel regardless of technological advances.
   101.12.7
   Infeasibility.
   The building official may waive the requirements of subsections 101.12.1 or 101.12.2 only for those portions of the building if a building permit applicant establishes, to the satisfaction of the building official that it is infeasible to comply with the requirements because of the type of building, physical site conditions, commercial availability of electric appliances or equipment, necessary operational requirements, electrical infrastructure requirements, or the public health, safety, or economic welfare in the event of an electric grid outage.
   Once a project is granted an infeasibility waiver and is issued a building permit, the infeasibility waiver remains throughout the construction process; the building is permitted to remain mixed-fuel regardless of technological advances.
   B.   The following definitions are added to section 202 to read as follows:
   ALL-ELECTRIC BUILDING means a building that does not have fuel gas piping installed on the lot or within the building; and that uses electricity as the sole source of energy, except for emergency power systems that are required to serve essential facilities or are otherwise required by law or regulation.
   COOKING EQUIPMENT means equipment, including ovens, ranges, brewing kettles, and cooking appliances, that are intended for commercial use in a restaurant, brewery, or other business establishment where food or beverages are prepared and served for consumption on-site or off-site, other than a cottage food operation as defined in California Health and Safety Code section 113758.
   EMERGENCY POWER SYSTEM has the same meaning as in California Building Code section 202.
   ESSENTIAL FACILITIES has the same meaning as in California Building Code section 202.
   FOOD-SERVICE ESTABLISHMENT means a building with cooking equipment where food or beverages are prepared and served for consumption on-site or off-site.
   FUEL GAS has the same meaning as in California Mechanical Code section 202 and California Plumbing Code section 208.
   MANUFACTURING OR INDUSTRIAL FACILITY means a building with the occupancy classifications defined in the California Building Code, Chapter 3, Section 306, Group F or Section 313, Group L.
   MIXED-FUEL BUILDING means a building that includes fuel gas piping and that is capable of using both fuel gas and electricity as sources of energy.
   PROCESS LOAD means an energy load resulting from a process.
   REGULATED AFFORDABLE HOUSING means a building to be occupied by low or moderate income households as defined in California Health and Safety Code section 50093; offered at an affordable rent as defined in California Health and Safety Code section 50053 for a period of at least 30 years; and subject to restriction for a period of at least 30 years under a recorded regulatory agreement between the property owner and a local, state, or federal agency.
   VIRTUAL NET ENERGY METERING means a billing arrangement that allows multi?tenant building owners to install a single solar system to cover the electricity load of both common and tenant areas connected at the same service delivery point. The solar production is fed back to the grid, then allocated to each tenant and common area's monthly bill.
(Ord. 2022-0027 § 3; Ord. 2021-0015 § 2)