TO: Board of Supervisors
FROM: Sheryl D. Bratton, County Counsel
REPORT BY: Jason M. Dooley, Deputy
SUBJECT: Reach Ordinance adopting local modifications of the 2022 edition of the California Energy Code
RECOMMENDATION
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Adopt an Ordinance adopting local modifications of the 2022 edition of the California Energy Code to reduce greenhouse gas emissions and to reduce the impacts of climate change. (No Fiscal Impact; Discretionary).
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BACKGROUND
In 2023, the Napa County Climate Action Committee (CAC) oversaw the preparation of a regional greenhouse gas (GHG) emissions inventory for the unincorporated area and the cities and town. The regional GHG inventory was accepted by the Board of Supervisors in December of 2023. Using 2019 as the baseline, the inventory estimated that building energy use in the unincorporated area resulted in the emission of 61,068 metric tons of carbon dioxide equivalent (MTCO2e). Buildings contributed 16.2 percent of the total GHG emissions for the unincorporated area in 2019.
The 2008 Napa County General Plan specifically addressed this issue in Action Item CON CPSP-2:
“The County shall conduct a GHG emission inventory analysis of all major emission sources in the County by the year 2008 in a manner consistent with Assembly Bill 32, and then seek reductions such that emissions are equivalent to year 1990 levels by the year 2020. Development of a reduction plan shall include consideration of a “green building” ordinance and other mechanisms that are shown to be effective at reducing emissions.”
Over the past several years, a number of jurisdictions in California have adopted reach building codes to encourage or require all-electric homes and businesses in new construction, based on concerns for either health and/or greenhouse gas emissions. The California Energy Commission (CEC) currently list 39 jurisdictions with reach codes, the majority of which are located in the Bay Area (https://localenergycodes.com).
During the July 2023 Climate Action Committee (CAC) regular meeting, staff was directed to research and report back on options and a recommendation for developing a reach building code for future consideration by the member jurisdictions. At the August 25, 2023 regular meeting, the CAC discussed the development of a reach building code and directed staff to bring back a draft reach building code for recommendation by the CAC and future consideration by the member jurisdictions.
The proposed reach code was presented to the Board of Supervisors for consideration on April 9, 2024. The Board of Supervisors directed staff to return at a future date with recommendations on specified issues relating to the draft ordinance.
On July 9, 2024, the Board of Supervisors held a public hearing to introduce and consider the ordinance. After receiving public comment and closing the public hearing, the Board of Supervisors unanimously adopted a motion of intent to adopt the Ordinance. In addition, the Board of Supervisors adopted a Resolution of Findings, as required by state law, which will be submitted to the required state agencies for approval or acceptance.
Requested Action: Adopt an Ordinance adopting local modifications of the 2022 edition of the California Energy Code to reduce greenhouse gas emissions and to reduce the impacts of climate change.
FISCAL & STRATEGIC PLAN IMPACT
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Is there a Fiscal Impact? |
No |
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Is it currently budgeted? |
No |
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Is it Mandatory or Discretionary? |
Discretionary |
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Discretionary Justification: |
Action Item CON CPSP-2: The County shall conduct a GHG emission inventory analysis of all major emission sources in the County by the year 2008 in a manner consistent with Assembly Bill 32, and then seek reductions such that emissions are equivalent to year 1990 levels by the year 2020. Development of a reduction plan shall include consideration of a “green building” ordinance and other mechanisms that are shown to be effective at reducing emissions. |
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Is the general fund affected? |
No |
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Future fiscal impact: |
None |
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Consequences if not approved: |
Efforts to reduce greenhouse gas emissions related to building energy use in the unincorporated area would be delayed, requiring additional actions to be taken to meet the County’s long-term climate change goals. |
ENVIRONMENTAL IMPACT
ENVIRONMENTAL DETERMINATION: The adoption of this ordinance is exempt pursuant to Categorical Exemption Class 3 (“New Construction or Conversion of Small Structures”) under section 15303 of the state CEQA guidelines. The ordinance is further exempt pursuant to CEQA Guidelines 15061(b)(3) in that it can be seen with certainty that there is no possibility the proposed action may have a significant effect on the environment and therefore the CEQA is not applicable.