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Ordinance 3374 CITY OF ALAMEDA ORDINANCE NO. 3374 New Series REPEALING ALAMEDA MUNICIPAL CODE SECTION 13-10.3, WHICH BANS THE USE OF GAS IN NEW CONSTRUCTION, IN ORDER TO COMPLY WITH CALIFORNIA RESTAURANT ASSOCIATION V. CITY OF BERKELEY WHEREAS, Alameda Municipal Code Section 13-10.3 bans the use of natural gas in new buildings; and WHEREAS, in California Restaurant Association v. City of Berkeley, the 9th Circuit Court of Appeals found local ordinances banning the use of natural gas in buildings unlawful and repeal of Alameda Municipal Code (AMC) Section 13-10.3 is necessary to comply with the court decision. NOW, THEREFORE, the City Council of the City of Alameda does hereby ordain as follows: Section 1. Section 13-10.3 of the Alameda Municipal Code is hereby amended, with underlined text as additions and strikethrough text as deletions, as follows: 13-10.3 Metlificationsi—Affiendments—ancl—Deletions—te—the—GalifGrnia—G-Feen Repealed. Notw+ths#anding any-pr visi ns_o f the 2022 C #ornia Ens rgy-Code, 2022 C lifornia Green Building Standards Code, or other codcs adopted by any Chapter in the Alameda Municipal y odet the contrary the local a,. endments to the Green Building Standards for additions and strike through for deletions): CHAPTER 2 DEFINITIONS ALL ELECTRIC BUILDING. A building that contains no combustion equipment or heating appliances fer service ...Illy LAr./r./IILAI IV�.rV IVI � COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating, cooking, clothes drying andlor lighting that uses fuel ga D HEAT PROCESSING EQUIPMENT: An equipment used in a food establishment fer heat precec sing food or utensils and that produces gr uv1IVI II IIVI IL IVI I IVGL 1 steam1 ventilation system as defined in the Californi Mech nical Cede 'aII7"7 v�vLv,I I, uv wvin lvu 111 a la.. 1 ELECTRIC HEATING APPLIANCE. A device that produces heat energy by the application of electric power to resistance elements, refrigerant compressors, or dissimilar CHAPTER 4 RESIDENTIAL MANDATORY MEASURES Division 4.1 PLANNING AND DESIGN SECTION /1.106 SITE DEVELOPMENT shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment or are ready to facilitate installation of electric heating appliances /1.106.5.1. New construction and qualifying alteration projects. All newly constructed buildings shall be all electric buildings Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or period, measured from the date of the , the project shall be subject to the all electric buildings requirements. Tenant Building Official. Exception: 1. The Building Official may grant a modification to the requirements set forth herein, if s/he finds: (1) there is no all electric prescriptive compliance pathway for the building compliance standard applicable to the building under the Energy Code using shall comply with Section 4.106.5.2. 2. Newly constructed buildings with a valid planning entitlement or Development Agreement approved prior to July 1, 2021 shall be cxcmpt. 3. Existing appliances that arc not included in the scope of the qualifying alteration. /1.106.5.2 Requirements for combustion equipment. Where combustion equipment is allowed per Exceptions undcr 4.106.5.1, the construction drawings shall indicate electrical infrastructure and physical space ways 1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating Code, including the appropriate voltage, phase, e, and an electrical receptacle or junction box within five feet of the appliance that is accessible with no obstructions r+at , siL talled-inrllieu-vffGREI-Mtefs d Labeling of both ends of the „n„seri conductors or conduit shall be with "For Future Electrical Appliance"; and 2 I 3 Resented cirn,lit breakers in the electrical panel for each branch circuit, appropriately labeled (i.e. "Reserved for Future Electric Range"), and positioned on the opposite end of the panel sf pply conell ctor connection• and VI IV 61 VlVl V- 4. Connected subpanels, panclboards, switchboards, busbars, and transformers shall be Electric Code; and shall be depicted on the construction drawings. The footprint necessary for future gectrical h ating appliances may overlap with non structural partitions and with the location of currently designed combustion equipment. CHAPTER 5 NONRESIDENTIAL MANDATORY MEASURES Division 5.1 PLANNING AND DESIGN SECTION 5.106 SITE DEVELOPMENT projects shall comply with Section 5.106.13.1 or 5.1 n 3.2 so that the„ do n„t u e 5.106.13.1. New construction and qualifying Vratio„-- jecrAll newly-oonstructed buildings shall be all electric buildings. Alterations that include replacement or addition of over 50 percent of the existing foundation for purposes other than a repair or the project shall be subject to the all electric buildings requirements. Tenant improvements shall n„t be considered new construction. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the local enforcing agenc y Exceptions: 1. Commercial food heat processing equipment in nonresidential buildings located in a 2. Non electric space heating and process systems in newly constructed buildings containing occupancies F, -H, or L. To take advantage of this exception applicant shall provide third party verification approved by the City that All Electric process system requirement is not cost effective or feasible. under the Energy Code, and (2) the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using shall comply with Section 5.106.13.2 5.106.13.2. Requirements for combustion equipment. 3 Where combustion equipment is allowed per exceptions undcr Scction 5.106.13.1, the construction drawings shall indicate electrical infrastructure and physical space 1. Branch circuit wiring, electrically isolated and designed to serve all electrical heating receptacle or junction box within five feet of the appliance that is accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and 2. Labeling of both ends of the unused conductors or conduit shall be with "For Future Electrical Appliance"; and labeled (i.e. "Reserved for Future Electric Range"), and positioned-on the opposite end /1. Connected cubpancls, panclboards, switchboards, busbars, and transformers shall be sized to serve the future electrical heating appliances. The electrical capacity Electric Code; and , aRelif needed a pathway re enieel For ro„ting of d„ctwork to heat pump evaporater(s) ui,.,. ,. �,vva.�vaa a Ncrar-rvru , shall be depicted on the construction drawings. The footprint necessary for future location of currently designed combo tion equipment ...�,.,,� ..� .,..,,v cry-uc�rrca cvrrrva�-rvrrcgarpmcrrr. Section 2. This ordinance shall be in full force and effect from and after the expiration of thirty (30) days from the date of its final passage. r idi leer of the City Council Attest: Lara Weisiger, City Cler City of Alameda 4 I, the undersigned, hereby certify that the foregoing Ordinance was duly and regularly adopted and passed by Council of the City of Alameda in regular meeting assembled on the 2nd day of July 2024, by the following vote to wit: AYES: Councilmembers Daysog, Herrera Spencer, Jensen, Vella and Mayor Ezzy Ashcraft— 5. NOES: None. ABSENT: None. ABSTENTIONS: None. IN WITNESS, WHEREOF, I have hereunto set my hand and affixed the official seal of said City this 3rd day of July 2024. - Lara Weisiger, City Cle City of Alameda APPROVED AS TO FOR • Yi n Sh n ttorney City of A eda 5