Chapter 17.845

PROHIBITION OF NATURAL GAS INFRASTRUCTURE IN NEWLY CONSTRUCTED BUILDINGS*

Sections:

17.845.030 Prohibited natural gas infrastructure in newly constructed buildings.

• 17.845.040 Exception for hospitals, attached accessory dwelling units, and facilities with a distributed energy resource.

17.845.045 Limited exemption for manufacturing and industrial facilities and food service establishments.

*Editor’s note— Ord. 30502, § 1, adopted Dec. 15, 2020, changed the title of Ch. 17.845 from "Prohibition of Natural Gas Infrastructure in New Single-Family, Low-Rise Residential Buildings, and Detached Accessory Dwelling Units" to "Prohibition of Natural Gas Infrastructure in Newly Constructed Buildings," as set out herein.

• A. The requirements of this Chapter shall apply to the entitlement of or the processing of development applications for all Newly Constructed Buildings proposed to be located in whole or in part within the City.

• B. The requirements of this Chapter shall not apply to portable propane appliances for outdoor cooking and heating.

• C. This Chapter shall in no way be construed as amending Energy Code requirements under Title 24 of the California Code of Regulations, Part 6 or Part 1, nor as requiring the use or installation of any specific appliance or system as a condition of approval.

• D. The requirements of this Chapter shall be incorporated into conditions of approval for applications for permits under San José Municipal Code Titles 17 and 20.

• E. This Chapter shall be operative at such time as the case law in California Restaurant Association v. City of Berkeley, 89 F.4[th ] 1094 (9[th ] Cir., 2023, as amended) is overturned or disapproved by a court of competent jurisdiction, or modified by the legislature to authorize local control of natural gas infrastructure; or the Energy Policy and Conservation Act (42 USC §6297) or other similar legislation is clarified or modified by the legislature or voters to authorize local control of natural gas infrastructure.

(Ords. 30330, 30502, 31111.)

• A. "Accessory Dwelling Unit" means a detached secondary unit as specified in San José Municipal Code Section 20.200.325.

• B. "Cooking Equipment" means equipment intended for commercial use, including ovens, ranges, and cooking appliances for use in a Commercial Kitchen, restaurant, or other business establishment where food is dispensed.

• C. "Commercial Kitchen" means a food facility preparation area as defined in San José Municipal Code Section 20.200.205.

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• D. "Director" means the Director of Planning, Building, Code Enforcement or his or her designee.

• E. "Distributed Energy Resource" means an electric generation or storage technology that complies with the emissions standards adopted by the State Air Resources Board pursuant to the distributed generation certification requirements of Section 94203 of Title 17 of the California Code of Regulations, or any successor regulation.

• F. "Food Service Establishment" means a building with Commercial Kitchen or Cooking Equipment.

• G. "Hospital" means a building as defined the California Building Code, Chapter 2, Section 202.

• H. "Low Rise Residential Building" means a building which is three stories or less with a multifamily or single-family residential occupancy and shall not include a hotel or motel.

• I. "Manufacturing and Industrial Facility" means a building with the occupancy classification as defined in the California Building Code, Chapter 3, Section 306, Group F.

• J. "Natural Gas" means as "Fuel Gas" as defined in California Plumbing Code and Mechanical Code.

• K. "Natural Gas Infrastructure" means fuel gas piping, other than service pipe, in or in connection with a building, structure or within the property lines of premises, extending from the point of delivery at the meter, service meter assembly, outlet of the service regulator, service shutoff valve, or final pressure regulator, whichever is applicable, as specified in the California Mechanical Code and Plumbing Code.

• L. "Newly Constructed" means a building that has never before been used or occupied for any purpose where an application for a building permit was made on or after January 1, 2020 for Low Rise Residential Buildings and detached Accessory Dwelling Units; and on or after August 1, 2021 for all other buildings.

• M. "Process" means an activity or treatment that is not related to the space conditioning, lighting, service water heating, or ventilating of a building as it relates to human occupancy.

• N. "Process Load" means an energy load resulting from a Process.

• (Ords. 30330, 30502.)

• A. Natural Gas Infrastructure shall be prohibited in Newly Constructed Buildings, and the Director shall not issue permits for mixed-fuel buildings except in compliance with this Chapter.

• B. Natural Gas Infrastructure shall not be extended to any system or device within a building for which an equivalent all-electric system or design is available.

• C. The requirements of this Section shall be deemed objective planning standards under Government Code Section 65913.4 and objective development standards under Government Code Section 65589.5.

• (Ords. 30330, 30502.)

• A. The requirements of this Chapter shall not apply to either a Hospital or an attached Accessory Dwelling Unit in an existing mixedfuel building.

• B. The requirements of this Chapter shall not apply to a facilities with a physical connection to the electrical grid and a Distributed Energy Resource for necessary operational requirements to protect the public health, safety, or economic welfare in the event of an electric grid outage, until December 31, 2024. The Director will report to Council no later than December 31, 2023 with analysis of the availability of fuel substitutes for natural gas and whether or not to transition this section to a Hardship Exemption, effective January 1, 2025.

• (Ords. 30330, 30502.)

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outage make it a hardship or infeasible to meet the requirements of this Chapter, or the project meets the City's adopted sustainability and environmental policies, then the applicant may request an exemption or modification from the Director. The burden shall be on the applicant to demonstrate the grounds for any exemption.

• A. On or before December 31, 2022, an applicant for a Newly Constructed Manufacturing and Industrial Facility may request a limited exemption under this Section for the area of its building with Process Loads.

• B. On or before December 31, 2022, an applicant for a Newly Constructed Food Service Establishment may request a limited exemption under this Section for the area of its building with Cooking Equipment or a Commercial Kitchen.

  • B. In making a determination in response to an application under Subsection A above, if the Director determines that the facts offered in support of an application demonstrate that the purposes of this Chapter will have been achieved to the maximum extent reasonably allowed by the circumstances, then the Director may issue a decision requiring compliance with less than the full extent of the requirements of this Chapter but to the fullest extent reasonably achievable given the circumstances, provided such requirements meet or exceed the electrical readiness requirements in San José Municipal Code Chapter 24.12.

• C. To receive a limited exemption, the applicant must submit a written application to the Director.

• D. In making a determination in response to an application for a limited exemption, if the Director determines that the applicant is eligible for an exemption, then the Director may issue a decision requiring compliance with less than the full extent of the requirements of this Chapter, provided such requirements meet or exceed the electrification readiness requirements in San José Municipal Code Chapter 24.12.

  • C. The Director's decision shall contain a statement of the facts upon which the decision was based, as well as the reduced compliance level requirements that must be achieved. The Director's decision shall become a condition of the development or building permit issued for the project.

• E. The Director's decision shall contain a statement verifying the eligibility of the project, as well as the reduced compliance level requirements that must be achieved. The Director's decision shall become a condition of the development or building permit issued for the project.

  • D. The Director's decision shall be mailed or electronically mailed to the applicant to the address shown on the application.

  • (Ords. 30330, 30502.)

• F. The Director's decision shall be mailed or electronically mailed to the applicant to the address shown on the application.

The Director's decision on a request for an exemption as specified in this Chapter is final, conclusive, and appealable under the provisions of California Code of Civil Procedure Section 1094.6. (Ords. 30330, 30502.)

• (Ord. 30502.)

• A. If an applicant for a Newly Constructed Building believes that the type of project or physical site conditions, necessary operational requirements, or the public health, safety, or economic welfare in the event of an electric grid

The City shall review annually the requirements of this ordinance for ongoing consistency

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with California Energy Commission regulations under California Code of Regulations Title 24, Part 6, and the Commission's code adoption cycle. (Ord. 30330.)

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