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Repealed.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
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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
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steam1
ventilation system as defined in the Californi Mech nical Cede
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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
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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
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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.
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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)
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shall be depicted on the construction drawings. The footprint necessary for future
location of currently designed combo tion equipment
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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
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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
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